E-Mobility: New Requirements to Operate Charging Points – What Changes Under Ordinance No. 16/2026/1 of 12 January?

Ordinance No. 16/2026/1 of 12 January further implements the framework established by Decree-Law No. 93/2025, setting out the requirements, supporting documentation and procedural rules applicable to the granting of a licence for charging point operators, as well as the rules governing the prior notification regime.

This regulatory framework applies to entities intending to carry out the activity of operating charging points for electric vehicles and electric vessels, establishing the requirements applicable to:

• licensing (general regime); and
• prior notification (simplified regime, where applicable).

1. Key requirements for obtaining an operator licence

The granting of an operator licence is conditional upon compliance with a set of technical and operational requirements, in particular:

1. IT platform and adequate technical means

Operators must have access to an IT platform and the necessary technical resources to perform the legally required functions, and may do so through outsourcing/subcontracting, provided compliance is ensured.

2. Technical compatibility and electrical safety

Operators must ensure technical and safety compatibility between their equipment and the public electricity service network (RESP). This must be supported by at least one legally qualified responsible technician, under the terms of Law No. 14/2015.

3. Functional identification of equipment

Charging points/equipment must be functionally identifiable.

In addition, operators must ensure that pricing information and applicable commercial terms are disclosed in a clear, explicit and appropriately detailed manner.

Ordinance No. 16/2026/1 further defines the compulsory documentation required to evidence compliance, including, inter alia:

1. full identification details of the applicant;
2. evidence of a valid insurance policy (Article 27 of Decree-Law No. 93/2025);
3. identification of the responsible technician(s) and evidence of their qualifications;
4. a descriptive memorandum of the IT platform;
5. a descriptive technical project of the equipment (technical features, safety and identifiability);
6. a declaration undertaking the definitive installation and operation of at least one charging point.

The operator licence is granted for a period of 10 years. However, it may lapse if the operator fails to install any charging point within 12 months, where such failure is attributable to the operator.

The Ordinance also clarifies the effects of tacit approval, providing that once the relevant requirements are met (proof of prior notification, insurance policy, and payment of applicable fees), the operator may provisionally carry out the activity with the same effects as a licence. The final licence, once issued, produces retroactive effects to the date of the last relevant procedural act.

2. Prior notification: when is it possible to operate without a formal licence?

One of the most noteworthy aspects of the Ordinance is the detailed implementation of the prior notification regime for entities intending to operate exclusively in relation to:

1. normal power charging points;
2. high-power charging points, category 2, with power output below 150 kW;
3. R&D projects / real-environment testing within the above categories and thresholds.

Such prior notification must be accompanied by the relevant documentation and by evidence of payment of the applicable fee, which should preferably be made via self-assessment through the electronic platform (or, temporarily, via bank transfer in accordance with guidance issued by the DGEG).

The DGEG – Directorate-General for Energy and Geology may determine the revocation of the licence where:

• the underlying conditions that justified its granting have changed; or
• there is serious and/or repeated non-compliance with the applicable requirements.

Revocation is subject to the applicable administrative procedure (including the right to be heard), and the DGEG may impose interim measures, including immediate suspension of the activity, where duly justified.

In summary, Ordinance No. 16/2026/1 represents a significant step in the implementation of Portugal’s new e-mobility legal framework, as it clarifies: (i) the minimum technical and organisational requirements applicable to operators; (ii) mandatory documentation and the role of the qualified responsible technician; (iii) the 10-year licence and related lapse rules; and (iv) simplified regimes based on prior notification and tacit approval, enabling a more agile entry into the market.

For investors and economic operators, this new framework creates a clear opportunity in a rapidly expanding sector, while requiring careful attention to the strict compliance obligations, both technical and documentary.

Belzuz Abogados, S.L.P. – Portuguese Branch is an international law firm, headquartered in Madrid with offices in Lisbon and Porto, providing specialised legal advice to operators, investors and stakeholders in the e-mobility sector regarding the interpretation and implementation of this new regulatory framework, including legal due diligence on applicable requirements and the preparation and submission of licence applications and prior notifications.