The Council of Ministers has approved Decree No. 41/2026 of 27 July, which adopts the new Regulation on Simplified Licensing for the Exercise of Economic Activities, repealing the previous Decree No. 39/2017 of 28 July.
The legislation seeks to cover more economic activities and strengthen the principles of digital transformation, administrative simplification, institutional interoperability, trust in individuals and ex-post supervision, aligning the regime with international best practices for promoting the business environment.
The Decree enters into force 90 days after the date of its publication, i.e. on 25 October 2026.
Key innovations
Broadening of the Scope of Simplified Licensing
The Regulation establishes the legal regime for Simplified Licensing applicable to economic activities which, by their nature, do not have negative impacts on the environment, public health, safety or the economy that are difficult to mitigate, as listed in Annex II. The regime also covers activities with negligible impacts falling under Category C of the Environmental Impact Assessment, as well as licensing for certain tourism developments, catering establishments and dance halls.
The regime applies to individuals and legal entities wishing to carry out economic activities within the national territory, covering the areas of agriculture, trade, communications, civil construction, culture, industry, fisheries, provision of services and tourism, as set out in Annex II to the Regulation.
The exercise of the economic activities covered is exempt from an Environmental Impact Assessment, a Simplified Environmental Impact Assessment and a Prior Inspection, without prejudice to Category C Environmental Impact Assessment for the specific cases identified in the Regulation.
Competence and Registry
The Delegate of the One-Stop Shop (BAU) is responsible for authorising simplified licensing of the economic activities covered. Where no BAU exists, this competence is exercised by the district-level local body.
Digitalisation, Interoperability and Digital Inclusion
Acts relating to simplified licensing must preferably be carried out electronically, through the Integrated Platform for Citizen Services (e-BAU), which must interoperate with other State systems, dispensing with the repeated submission of documents already provided.
An electronic signature has the same legal value as a handwritten signature. For citizens without electronic means, the State must ensure digital kiosks at the One-Stop Shops, in-person assistance for electronic submission and mobile-based solutions.
Issuance, Annotation and Validity of the Licence
Key rules include:
a) issuance of the Simplified Licence within a maximum period of 1 (one) day;
b) mandatory annotation for changes of ownership, business name, relocation or a change of activity within the same CAE subclass;
c) validity of 3 (three) years, renewable for an equal period upon submission of the relevant form;
d) a duty to notify changes to details, business name, registered office or legal representative at least 10 (ten) days in advance, and to update the registry by 31 March each year;
Obligations of the Licence Holder
The holder of the Simplified Licence must comply with the legal conditions for operations, safety, hygiene, health and the environment, display prices in the national currency, display a complaints box and freephone line, and cooperate with the licensing and supervisory authorities.
Supervision and Penalty Regime
The holder of the Simplified Licence is subject to supervision after issuance of the licence, which is the responsibility of, among others, the National Inspectorate of Economic Activities, the General Inspectorate for Food and Economic Security, the National Institute for Standardisation and Quality, the Tax Authority and the General Labour Inspectorate.
Infringements are punishable by a recorded warning, a fine, suspension, interdiction, closure of the establishment or cancellation of the licence. Fines range between 4 (four) and 10 (ten) times the public sector minimum wage, depending on the severity of the infringement.
Fees and Transitional Provisions
The application, renewal, re-issuance and annotation of the Simplified Licence are subject to a fee, calculated by reference to the public sector minimum wage.
Revenue is allocated 60% to the State Budget and 40% to the licensing authority. Holders of licences issued under Decree No. 39/2017 must regularise their licences within 12 (twelve) months from the entry into force of the new Regulation, at no cost.
Conclusion
Decree No. 41/2026 reflects the legislator's intention to broaden the scope of simplified licensing and strengthen digital transformation, administrative simplification and institutional interoperability, fostering a more predictable regulatory environment aligned with international best practices for promoting the business environment.
In this context, holders of simplified licences issued under Decree No. 39/2017 of 28 July must ensure the regularisation of their licences with the licensing authority within the legal deadline, so as to ensure compliance with the new procedures and obligations set out in the Regulation.
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Read the original publication at JLA Advogados
