DL 182/2026 has been published, transposing partially Directive (EU) 2023/959 by establishing the legal framework for ETS2
KEY ASPECTS
- ETS2 applies to entities responsible for releasing for consumption fuels used in buildings, road transport, and additional sectors.
- Regulated entities must apply for an emission allowance within 30 days after the decree-law enters into force.
- As of 2026, regulated entities must submit their annual emissions report to the Portuguese Climate Agency by April 30 of each year.
- The obligation to surrender emissions permits applies from January 1, 2029, for 2028 emissions. The deadline is May 31 of each year.
- The penalty for noncompliance is €100 per metric ton of CO2 equivalent, and payment does not release the entity from the obligation to surrender the missing permits later on.
- The provisions regarding the maritime transport sector have not yet been transposed.