Government simplifies fuel licensing and raises exempt LPG …

Decree-Law no. 198/2026, of October 2, amends the licensing and inspection regime for petroleum product storage facilities and fuel filling stations. Published in the Diário da República, 1st series, no. 192, the diploma introduces the sixth amendment to Decree-Law no. 267/2002, of November 26, and enters into force on the day following its publication.

Framework and background

The Government justifies the amendment by the need to align the regime with recent legislative and regulatory initiatives and to respond to the supply needs of bottled gas, especially in areas where fuel stations play an essential role in the distribution of LPG cylinders for domestic use. The diploma was approved in the Council of Ministers on August 6, 2026, promulgated on September 29 by the President of the Republic, António José Martins Seguro, and countersigned by the Prime Minister, Luís Montenegro.

The self-governing bodies of the Autonomous Regions, the National Association of Portuguese Municipalities, and the Energy Services Regulatory Authority were consulted. The diploma amends 22 articles of Decree-Law no. 267/2002 and its annexes I and II, repealing paragraphs 2 and 3 of article 6, paragraphs 5 and 6 of article 22, subparagraph b) of paragraph 2 of article 28, article 34, and annex III.

LPG limit exempt from licensing

LPG cylinder parks with a capacity not exceeding 1.560 m³ located at fuel filling stations are now exempt from licensing (Class B1).
LPG cylinder parks and stations with a capacity exceeding 0.520 m³ are subject to simplified licensing (Class A3).
Storage facilities for LPG, gasoline, and other products with a flash point below 38 °C with a capacity between 1.500 m³ and 4.500 m³ are exempt from licensing, but are required to comply with article 21 of Ordinance no. 1188/2003, of October 10 (Class B2).
Filling stations for own and cooperative consumption with a capacity of less than 10 m³ are no longer subject to licensing.

Simplified licensing and competencies

Simplified licensing covers, among others, liquid fuel storage facilities with a capacity between 50 m³ and 100 m³ and filling stations for own and cooperative consumption with a capacity equal to or greater than 10 m³ (Class A1), as well as liquid fuel storage facilities between 100 m³ and 200 m³ (Class A2).

Municipal councils maintain the licensing of storage facilities and stations not located on regional and national road networks. The Directorate-General for Energy and Geology (DGEG) licenses the facilities in annex i, which include port terminals, LPG storage with a capacity equal to or greater than 50 m³, liquid fuels with a capacity equal to or greater than 200 m³, and stations on regional and national road networks, ports, and airports. References to the DGEG shall be considered as references to the Geology and Energy Agency, I. P. when the latter succeeds in its duties, under the terms of Decree-Law no. 58/2026, of February 20.

Deadlines, fees, and supervision

Verification of the compliance of the licensing request: 10 days.
Convocation of the inspection commission: minimum of 10 days’ notice.
Issuance of the payment document for the inspection fee: 10 days; convocation of the inspection: 20 days after payment.
Endorsement on the license due to change of product, suspension of activity for more than one year, reduction of capacity, or transfer of the facility: 30 days.
Inspection certificates: validity of five years, with renewal requested up to 30 days before expiry.
Communication of the new technician responsible for operation: 15 days.

The silence of the licensing entity counts as tacit approval after the expiration of the applicable period or, if the final inspection is not convened or the fee is not issued, 10 days thereafter. Supervision is the responsibility of the municipal councils or the DGEG, and fines are applied by the mayor or the director-general of the DGEG, with 40% of the proceeds from fines applied by the latter constituting revenue for the DGEG.

Transitional regime

Licensing procedures initiated before the entry into force are governed by the regime in effect on the date the request was submitted.
Pending procedures relating to facilities that become exempt are extinguished on the date of entry into force, and the competent entity must communicate this fact to the applicant within 30 days and refund the fees paid for acts not performed.

The change reduces administrative burdens for fuel operators and local authorities and expands the storage capacity for LPG cylinders at filling stations, with a direct impact on the domestic supply of bottled gas. In return, the diploma maintains the obligations for periodic inspection and civil liability insurance, and now excludes the storage of renewable and low-carbon gases from its scope.

Source: Diário da República, 1st series, no. 192, of October 2, 2026, section I (official reference: Decree-Law no. 198/2026).