Ordinance licensing the activities of charging point operators

On January 13, 2026, Ordinance 16/2026/1 of January 12 (“Ordinance 16/2026/1”) entered into force. This ordinance, enacted under the new Legal Regime on Electric Mobility approved by Decree-Law 93/2025 of August 14 (see Guide: New electric mobility regime), regulates:

(i)           the requirements for the activities of charging point operators (“CPO”);

(ii)         the procedure for obtaining a CPO license;

(iii)        the tacit approval of a CPO license;

(iv)        the revocation or cancellation of a CPO license; and

(v)         the prior notification of CPO activities.

Requirements for carrying out CPO activities

Under Ordinance 16/2026/1, entities seeking to carry out CPO activities must meet the following requirements:

• Use an IT platform and other suitable technical tools to fulfill the functional duties of a CPO. This may involve hiring third parties.
• Ensure technical, technological and security compatibility between the electric charging equipment and the Public Service Electricity Grid (RESP). This must be overseen by at least one legally qualified technician responsible for implementing and operating electrical facilities.
• Guarantee the functional identifiability of the electric charging equipment.
• Provide explicit and clear information to users about (i) prices and commercial conditions for accessing charging points; and (ii) tariffs for charging (and any other) services, as well as other service conditions, in compliance with the Alternative Fuels Infrastructure Regulation (“AFIR Regulation”).

Procedure for obtaining a CPO license

Applicants must submit their CPO license applications to the Directorate-General for Energy and Geology (“DGEG”), accompanied with the following documents:

• Full identification of the applicant.
• Proof of a civil liability insurance policy, as required by article 27 of the Legal Regime on Electric Mobility.
• Identification of the technician(s) responsible for installing and maintaining charging points, along with documentation verifying the required professional qualifications.
• A description of the IT platform and other technical tools intended for the CPO activities.
• A descriptive design of the electric charging equipment, outlining its technical, technological and security features, as well as its functional identifiability.
• A written commitment to permanently install and operate at least one charging point.

Tacit approval of a CPO license

Ordinance 16/2026/1 stipulates that if the DGEG fails to issue a decision within 30 business days from the date it receives an application, tacit approval is assumed. Also, this tacit approval has effects giving rise to “provisionally the same effects as those of a charging point operator's license,” subject to the applicant’s submission of:

a)   proof of notifying the DGEG, in writing, of the intention to start or continue the CPO activity;

b)   evidence of a valid civil liability insurance policy (a regulatory ordinance on insurance has yet to be published); and

c)    proof of payment of fees due through self-assessment (a regulatory ordinance on fees is still pending).

This reference to the “provisional effects” of the license is ambiguous and may seem inconsistent, given that tacit approval produces effects identical to those of an express license. However, it is likely rooted in the assumption that an express license will be granted at a later stage.

Revocation or cancellation of a CPO license

A CPO license will expire if no charging point is installed, for a reason attributable to the CPO, within 12 months of the license being issued. Also, the license may be:

• revoked by the DGEG director-general when (i) any of the conditions underlying the initial issuance have changed; or (ii) there are serious or repeated breaches of the CPO’s obligations, subject to a reasoned decision following a prior hearing; and
• cancelled at the CPO’s request.

These provisions also apply, with the necessary changes, to cases of prior notification and tacit approval.

Prior notification of CPO activities

Ordinance 16/2026/1 regulates the new prior notification regime; that is, the cases in which interested parties may start carrying out CPO activities by submitting the accompanied prior notification and paying the applicable fee, provided all other legal and regulatory conditions for carrying out the activity are met. The DGEG is not obligated to issue any permissions.

The prior notification regime applies to entities seeking to carry out activities exclusively related to the operation of charging points, including:

(a)  the installation and operation of normal-power charging points, as specified in paragraph 2 of Annex III to the AFIR Regulation;

(b)  the installation and operation of category 2 high-power charging points and with an output of less than 150 kilowatts (kW), as outlined in paragraph 2 of Annex III to the AFIR Regulation; or

d)   research, development, demonstration, and testing of innovative technologies, products, services, processes, and models in real-world scenarios related to electric vehicle charging, within the categories and power limits detailed in point b) above.

The prior notification must include the same documentation required for a license application, along with proof of payment of the applicable fee through self-assessment. Until the electronic system includes this functionality, the fee may be paid via wire transfer.

Conclusion

To conclude, although Ordinance 16/2026/1 simplifies access to CPO activities, the full implementation of this regime still depends on the publication of additional ordinances under the new Legal Regime on Electric Mobility, particularly those pertaining to fees and civil liability insurance.

For further information on electric mobility, please refer to our following publications:

• Guide: New electric mobility regime
• Post: Regulation of electric mobility sector (concerning ERSE Regulation 7/2026 and Regulation 8/2026)