Renewable energy: Clarification about repowering procedures

The Directorate General of Energy and Geology (“DGEG”) released the Explanatory Note 4/DG/2025 of July 14, with important clarification for owners and promoters of renewable energy projects that are restructuring or implementing repowering procedures, especially in the wind sector.

The explanatory note refers us to the definition of repowering established in Decree-Law 15/2022 of January 14, which consists of the “total or partial substitution of the generating equipment of a renewable primary source power plant, provided there is no change in the area of the pre-existing plant.”

Reiterating the provisions of this decree-law, the DGEG clarifies that this type of intervention constitutes a non-substantial change to the existing licensing title. Therefore, it is not a new licensing procedure and the following is sufficient:

• The updated statement on the existing title, if the application is made between the issuing of the production license/prior registry and the operating license/certificate
• The amendment of the existing title, if the application is made after the issuing of the operating license/certificate

Additionally, the DGEG emphasizes that changes arising from repowering solar or wind primary source projects are excepted from the pre-assessment procedure and decision to require an environmental impact assessment (“EIA”).

In the specific case of wind projects, the explanatory note clarifies the concept of “area of implantation of the pre-existing electricity production plant.” For repowering purposes, this is considered the 150-meter strip on each side of the imaginary line joining the center of all the wind turbines to the wind farm substation (or of each cluster, in the case of multi-cluster wind farms). The entire repowering structure at ground level must be contained in this area.

This clarification is very important and represents the major innovation of this explanatory note, given that the concept of “implantation area” was not defined. Until now, the absence of well-defined legal and regulatory criteria has created significant obstacles for promoters intending to repower wind projects. By establishing clear criteria on what constitutes the implantation area, it is now possible to structure projects with greater certainty, enabling optimization of the location and allowing for any local constraints. Additionally, it clearly establishes the limits that, if exceeded, would imply the need for a procedure beyond that required for mere repowering.

• Intervention planning: Repowering can be carried out with greater certainty and predictability, without needing a new licensing procedure or an EIA, provided the established implantation area is respected.
• Wind projects: Particular attention should be paid to drawing the implantation area to ensure compliance with the 150-meter strip established by the DGEG.

This clarification from the DGEG represents an important step toward streamlining the processes of modernizing and repowering the national renewable stock, promoting the energy transition with greater efficiency and legal certainty.