The Energy Misappropriation Code (RAIE) was approved by ERSE under the provisions of article 263(1) and article 298(2) of Decree-Law n. º 15/2022, of 14 January, as amended, which establishes the organisation and operation of the National Electricity System.

This decree created a new regime for the misappropriation of energy (AIE), which includes fraudulent practices, extending to the misappropriation of gas, including gases of renewable origin and low carbon content, piped liquefied petroleum gas (LPG), and repealed Decree-Law n.º 328/90, of 22 October.

The scope of these regulations covers the activities of production, injection, storage, transport, distribution, commercialisation, aggregation and consumption.

The main issues dealt with are as follows:

•            inspections carried out by teams specialised in detecting AIE or by accredited technicians, at set times, with the possibility of making corrections and replacing equipment in order to put an end to the AIE situation if strong signs of misappropriation are detected;
•           procedure in the event of the impossibility of carrying out an inspection, with a new visit and the necessary communications, and, in the cases provided for, verification of the presumption of the existence of an AIE situation for the purposes of interruption;
•           communications to be established with the holders of the installations and the necessary reports, for the purposes of carrying out inspections, exercising a prior hearing, interrupting the supply, payment for the purposes of restoration and the other rights provided for, namely the right to request an assessment or re-assessment of the information gathered by the network operator and to challenge any decision by the network operator, through recourse to the courts or existing alternative means of dispute resolution, identifying the competent consumer conflict centre;
•           reduction of power to the 1.15 kVA bracket per phase and applicable to LVN electricity installations, in the situations provided for in Article 250(2)(b) of Decree-Law 15/2022 of 14 January, as amended, for a maximum period of 1 month or until the conditions for re-establishment have been verified; immediate interruption in situations, duly substantiated in a report, of non-compliance with the legal and regulatory provisions relating to installations that could jeopardise the safety of people and property;
•           criteria for determining the compensation due in the event of an AIE, including charges and an increase in the event of a repeat offence, and definition of the period for calculation purposes, with a maximum benchmark of 36 months, as well as conditions for payment in full or in instalments and subsequent restoration;
•          terms of the network operator's liability in cases of non-existent AIE and incorrect subjective imputation by the beneficiary, through payment of compensation and the obligation to change the composition of the inspection teams that have most often given rise to the situations in question and to monitor the quality of service provision.

The RAIE was approved by Regulation n.º 814/2023 of 27 July, following Public Consultation 113.