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Decree Law No. 96/2017


Publication: Republic Diary No. 154/2017, Series I of 2017-08-10
  • Issuer: Economy
  • Diploma Type: Decree Law
  • Number: 96/2017
  • Pages: 4654 - 4663

Summary in plain english

What is it?

This decree-law defines new rules for electrical installations:

  • of private service, powered by the public utility grid
  • that are temporary or mobile, for security or rescue, which produce their own energy.

In addition, it creates simpler procedures for the activity of installers and inspectors, and defines how to control, supervise and regulate the activities associated with those installations.

Private service facilities are all installations which, although they may be connected or served by public service networks, are not public.

The public utility grid is the set of public service facilities that transmit and distribute electricity and are part of the National Transmission Network, the high voltage National Distribution Grid and the low voltage National Distribution Grid. These networks may be operated by other entities, with authorization from the State.

An installation is considered a temporary installation when it is designed to operate only for the minimum time required to achieve a purpose. This should not exceed 2 years.

What will change? A system will be created to classify electrical installations of private service

The electrical installations of private service are classified into three types: A, B and C.

  • type A: temporary or mobile installations, security or rescue, which produce their own energy and are not part of energy producing centers.
  • type B: installations powered by the public utility grid on medium, high or very high voltage.
  • type C: installations powered by the public utility grid on low voltage.
The requirement to approve the installation project will be eliminated

Approval of the installation project is no longer required. It is sufficient to present a declaration of liability signed by the person in charge of the project (planner), who guarantees that the project complies with the rules of this type of installation.

This also eliminates the fees that were associated with the approval process.

Different types of installation have different requirements for connection

Electrical installations can only be connected to the public grid or start to operate if they have:

  • an operating certificate issued by the Directorate-General for Energy and Geology (DGEG), if it is a type A plant with a power output greater than 100 kVA, or type B
  • a declaration of conformity or installer's liability, if the premises are:
    • of type A, with a power output of 100 kVA or less, equipped with devices sensitive to the residual current of high sensitivity and integrated into the generator sets
    • of type C, with a power output of less than 10,35 kVA, in the case of temporary or residential installations
  • a declaration of inspection by the inspecting authority, if they are type A or C electrical installations which do not fit in the previous cases.
Mandatory inspections are made every 5 years

Electrical installations that do not have to be accompanied by a technician responsible for the operation had to carry out mandatory inspections every year. With this decree-law, these mandatory inspections only have to be done every 5 years.

The regulation is made by ERSE and DGEG

The Regulatory Authority for Energy Services (ERSE) will oversee the market and regulate the quality of service of electrical installations. The goal is to ensure greater transparency in prices and better quality of services.

The Directorate General for Energy and Geology (DGEG) is responsible for controlling and monitoring the activities of planners, installers and inspectors.

To do this, it will create and manage an electronic platform to record and control the design, execution, operation and inspection of electrical installations.

Monitoring

The Directorate General for Energy and Geology (DGEG) and the Food Safety and Economic Authority (ASAE) will monitor compliance with these rules. Installers, power plant operators and inspectors who do not follow these rules may have to pay fines of:

  • 250 to 1,250 euros, if they are individuals
  • 1,000 to 5,000 euros, if they are companies.
What are its benefits?

This decree-law is intended to modernize the rules that guarantee the safety of electrical installations and simplify the procedures related to these installations.

When does it come into effect?

This decree-law comes into effect on 1 January 2018.

The rules on registration of electrical installations only apply when the electronic platform is available to the public to monitor and record activities related to electrical installations. The platform must be operational within 12 months after the publication of this decree-law.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.