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Portugal<br />

Legislative framework<br />

Current organisation <strong>of</strong> the electrical system<br />

The national electric system consists <strong>of</strong> a public electricity system and an independent electricity<br />

system. In the public electricity system generation, transport and distribution activities are undertaken<br />

under a public service regime, which is linked to the obligation <strong>of</strong> supplying electricity with adequate<br />

service quality standards and with the principle <strong>of</strong> uniformity <strong>of</strong> tariffs across the country.<br />

Within the public electricity system, the commercial relationship between generation companies and<br />

the transmission company is based upon Power Purchase Agreements, which oblige the generators to<br />

sell all the electricity to the transmission company. The binding distributors are obliged to enter into a<br />

binding contract with the transmission company under which they guarantee to acquire most 17 <strong>of</strong> the<br />

energy and to supply customers in accordance with tariffs and conditions established by the energy<br />

services regulator.<br />

Within the independent electricity system is the non-binding system, as well as the special regime<br />

producers. The non-binding system is a market-based system that enables unrestricted access to generating<br />

and supply activities, and in which the market agents are entitled to use the public system transport<br />

and distribution infrastructure against the payment <strong>of</strong> the respective tariffs. All customers with contracted<br />

capacity demand above 41.4 kW are free to choose their electricity supplier. The regulator is preparing<br />

the necessary regulations to extend, as soon as possible, this ability to all customers.<br />

The special regime includes cogenerators, small hydroelectric producers (under 10 MW <strong>of</strong> installed<br />

capacity) and producers using other renewable energy sources. These producers sell their energy under<br />

specific legislation and are remunerated on the basis <strong>of</strong> costs avoided by the Public System, complemented<br />

by an environmental premium that reflects the benefits stemming from the use <strong>of</strong> renewable energies.<br />

The Iberian market<br />

As a result <strong>of</strong> the Lisbon Council <strong>of</strong> Europe held in March 2000, the Portuguese and the Spanish<br />

governments recognised the need for an Iberian electricity market, a regional market that would be a step<br />

towards the creation <strong>of</strong> the European electricity market. By the end <strong>of</strong> 2001, the Portuguese and the<br />

Spanish Governments signed a co-operation agreement, which establishes stages and procedures for the<br />

convergence <strong>of</strong> the two electricity systems.<br />

The Iberian electricity market will be organised in two complementary systems:<br />

● Bilateral contracts freely established between the parties;<br />

● Contracts organised through the Iberian market operator, in which management <strong>of</strong> the daily and<br />

intraday markets will be in the hands <strong>of</strong> the Spanish pole and management <strong>of</strong> the forward markets<br />

will be the responsibility <strong>of</strong> the Portuguese pole.<br />

The beginning <strong>of</strong> MIBEL is planned for mid 2005 and implies the modification <strong>of</strong> the legislative framework,<br />

now in progress, in order to bring the structure and exploitation <strong>of</strong> the national electric system in<br />

line with a competitive market regime.<br />

17. At present, the binding distributors can buy up to 8% <strong>of</strong> their electricity needs from other companies.<br />

135

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