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Portugal Emissions Trading System Implementation (Law No. 38/2013)

Portugal Emissions Trading System Implementation (Law No. 38/2013): Portugal EU ETS (CELE): MRV Compliance and Annual Allowance Surrender Duties

Maílis Carrilho
Written by Maílis Carrilho
Updated on June 7th, 2026

Summary

Portugal’s EU ETS implementation (CELE) requires covered operators to hold appropriate authorisation, maintain an approved monitoring plan, and comply with annual MRV obligations, including verified emissions reporting. Operators must surrender allowances equal to verified emissions within the compliance cycle and maintain robust data governance and records. Enforcement risk is concentrated around the annual reporting and surrender deadlines and around verification findings that reveal monitoring weaknesses. Non-compliance typically appears as late reporting, insufficient data quality controls, or late/insufficient surrender of allowances, leading to financial and administrative consequences.

Details

Jurisdictions
  • Portugal
Mandatory for

Legally binding for:

Operators of EU ETS-covered stationary installations (and relevant aviation operators where applicable under EU rules).

Exemptions

Activities and installations outside the ETS scope are not covered.

Small emitter or hospital opt-out style mechanisms may exist only where EU rules allow and national implementation conditions are met (case-specific).

Deep dive

1 min read
Published Jun 7, 2026

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What’s Required

Portugal implements the EU ETS (CELE) through Decree-Law 38/2013 and related EU rules administered nationally. Key requirements include:

  • Covered installations must hold a valid ETS authorisation and operate under an approved monitoring plan.

  • Annual obligations to monitor, report, and verify emissions (MRV) through accredited verification and submit verified emissions data.

  • Annual surrender of allowances equal to verified emissions within the compliance cycle.

  • Operator duties on data quality, records, and notification of changes affecting emissions sources and monitoring.

Important Deadlines

  • Annual ETS cycle: verified emissions reporting and allowance surrender within EU ETS deadlines (operator compliance-year based).

Current Status

Fully in force; APA operates national guidance and administration for CELE in Portugal.

Penalties for Non-Compliance

  • EU ETS penalty exposure for failure to surrender allowances and additional enforcement measures.

  • Administrative sanctions for breaches of monitoring, reporting, and permit conditions.

Examples of Known Violations

  • Late or missing verified emissions report submission.

  • Inadequate monitoring plan implementation or data quality failures were discovered during verification.

  • Failure to surrender sufficient allowances within the compliance cycle.

Resources

Maílis Carrilho
Added by:
Maílis Carrilho
Sustainability Research Analyst
Maílis Carrilho is a Sustainability Research Analyst (Intern) at Net Zero Compare, contributing research and analysis on climate tech, carbon policies, and sustainable solutions. She supports the team in developing fact-based content and insights to help companies and readers navigate the evolving sustainability landscape.
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Added on Jun 7, 2026 by Maílis Carrilho ·
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