Legislation

 

This section provides a selection of legislation applicable to the regulation of the exercise of petroleum exploration and exploitation activities and the regulation of the exercise of carbon dioxide geological storage activities.

 

In addition to these, naturally, other potentially applicable general legislation must be taken into account in a case-by-case analysis.

 

Petroleum Exploration and Exploitation.

 

Carbon Dioxide Geological Storage.

 

LEGISLATION – PETROLEUM EXPLORATION AND EXPLOITATION

 

National

 

Decree-Law No. 109/94, of April 26: establishes the legal framework for petroleum exploration and exploitation activities.

 

Law No. 82/2017, of August 18: 1st amendment to Decree-Law No. 109/94, of April 26 - mandatory prior consultation with municipalities.

 

Ordinance 790/94, of September 5, 1994: approves the bases of contracts for the concession of petroleum exploration and exploitation rights.

 

Dispatch 82/94, published in DR 2nd Series, of August 24, 1994: sets the value of the fees to which licensees and concessionaires are subject in petroleum exploration and exploitation activities in the available areas of the national territory (under the provisions of number 2 of article 54 of Decree-Law no. 109/94, of 26 April).  

                                                                                                                                         

Joint Order A-87/94-XII of December 30, 1994, published in DR 2nd Series, of January 17, 1995: Fixation of surface laces referred to in article 52 of Decree-Law no. 109/ 94, of April 26th.

 

Notice, DR 3rd Series No. 167, of July 21, 1994: Lots intended for the exercise of petroleum exploration and exploitation activities; Notice, Supplement to the Official Journal of the European Communities No. 151/171, of 9 August 1994.

 

Notice, DR 3rd Series No. 60, of March 2, 2002: Addition of new lots for petroleum exploration and exploitation.

 

Notice 8103/2015, published in DR 2nd Series, of July 24, 2015: Lots for petroleum exploration and exploitation are no longer available on a permanent basis.

 

Decree-Law No. 13/2016, of 9 March: establishes provisions on the safety of oil and gas operations in offshore oil and gas, transposing Directive No. 2013/30/EU, of the European Parliament and of the Council of June 12, 2013 and through article 35 extends to onshore drilling operations.

 

Law No. 37/2017, of 2 June: 3rd amendment to Decree-Law No. 151-B/2013. Makes the environmental impact assessment mandatory in hydrocarbon exploration and exploitation operations.

 

European

 

Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons.

 

Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC.

 

Commission Implementing Regulation (EU) No 1112/2014 of 13 October 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States.

 

Commission Implementing Decision (EU) 2015/2177 of 20 November 2015 exempting exploration for oil and gas in Portugal from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. 

 

LEGISLATION – CARBON DIOXIDE GEOLOGICAL STORAGE

 

National

 

Decree-Law No. 60/2012, of March 14: Legal framework for the carbon dioxide (CO2)geological storage activity.

 

European

 

Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.