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Decree Law No. 152-D/2017


Publication: Republic Diary No. 236/2017, Series I of 2017-12-11
  • Issuer: Environment
  • Diploma Type: Decree Law
  • Number: 152-D/2017
  • Pages: 6584-(88) a 6584-(135)

Summary in plain english

What is it?

This decree-law defines new rules for the management of some wastes and introduces into Portuguese law the following European directives:

  • Directive 2015/720/EU on lightweight plastic carrier bags
  • Directives 2016/774/EU and 2017/2096/EU on end-of-life vehicles.
What will change?

All the rules on the management of the following specific waste streams will be grouped in a single document:

  • packaging
  • used oils
  • used tires
  • electrical and electronic equipment
  • batteries and accumulators
  • end-of-life vehicles.
New rules will be defined for the treatment of various types of waste

New requirements and procedures will be defined for dealing with waste, with more responsibility on producers . New common rules for the management of all these specific waste streams will be created, as well as specific regulations for each one.

The producer or packager will be responsible for the residues of their products

The producer or packager will be responsible for the residue that their product or packaging produces.

They will be responsible for financing the management of the waste resulting from their own products or packaging. They can choose to fulfil this obligation by:

  • individually supporting the costs of their waste management
  • joining an integrated management system responsible for managing these wastes.
The role of the entities that manage the specific waste streams will be clarified

Waste management is usually carried out by entities that manage waste and assume the responsibilities of businesses that place products on the Portuguese market.

These management systems are responsible for ensuring the appropriate treatment of waste in order to achieve Portugal's agreed recycling and recovery targets.

1. Some rules on the nature, constitution and legal form of waste management entities and their management responsibilities will be clarified.

2. The requirements of waste management entities will be clarified.

Conditions for waste treatment will be defined

Waste treatment operators wanting to treat these types of waste must comply with the technical quality and efficiency criteria published by the Portuguese Environment Agency, based on the rules defined by the European Commission.

Providers already engaged in this activity have 12 months to adapt to the new rules and ensure that they meet the requirements.

Waste treatment will be encouraged

1. The development of products that are easier to reuse, dismantle or recycle will be encouraged.

2. The collection by type of waste will be encouraged to facilitate their specific treatment. There will be adequate information and delivery points of specific waste streams with no cost for the consumer.

It will no longer be necessary to mark non-reusable packaging

As of 1 January 2019, non-reusable packaging will no longer be marked with a symbol.

There will be new rules for the registration of producers and products placed on the market

Clear rules will be defined on the requirement to register on the Portuguese Environment Agency's platform for waste and products.

There will be new rules for itemising the visible fee

Producers and distributors will have to discriminate the visible fee on a specific item of invoices between economic operators, except for batteries and accumulators. The visible fee is the amount that will be delivered to the waste management entity.

Licenses for managing entities will be requested online

The licenses for management entities of waste streams will be requested online at the Portuguese Environment Agency’s website.

What are its benefits?

This decree-law is intended to contribute to a more sustainable production and consumption by:

  • empowering the different participants in a product’s life cycle (production, marketing, consumption and waste management)
  • reducing the amount of waste to be disposed of
  • using resources more efficiently
  • recovering raw materials with economic value
  • making managing procedures of these wastes more effective.
When does it come into effect?

This decree-law comes into effect on 1 January 2018.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.