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Decree Law No. 102/2020


Publication: Republic Diary No. 238/2020, Series I of 2020-12-09
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 102/2020
  • Pages: 2 - 31

Summary in plain english

What is it?

This decree-law regulates the installation and use of port reception facilities for waste from ships calling at national ports in order to increase the protection of the marine environment against the negative effects of discharges of waste at sea.

What is going to change?

This decree-law applies to all ships, irrespective of their flag, calling at or operating in national ports, with the exception of warships, naval auxiliary units and ships owned or operated by a State and used, at the time considered, exclusively for non-commercial public service purposes.

It shall also apply to all national ports normally called by ships or in which ships referred to in the previous subparagraph operate.

This decree-law envisages the obligation of port authorities and managing bodies of ports to combat marine waste, keeping their areas of jurisdiction clean of marine waste, on the surface and column of water, and on the seabed.

Fishing ports must integrate expanded polystyrene densification and compaction units, or other appropriate deposition and storage system for polystyrene materials.

This decree-law defines the conditions allowing all ships to deliver their waste to port reception facilities before leaving the port, in accordance with the MARPOL Convention.

It establishes the right for port authorities, or managing bodies of ports, to collect fees, to be laid down in the tariff regulations of the respective port, to cover the costs of port reception facilities, including the treatment and disposal of waste generated by ships.

The collection of notices and the investigation of administrative offence proceedings are the responsibility of DGRM (Directorate-General Directorate of Natural Resources, Security and Maritime Services), the port authorities and the General-Inspection of Agriculture, Sea, Environment and Territorial Planning.

What advantages does it bring?

This decree-law aims to protect the environment, ensure the proper functioning of port facilities and also monitor and reduce marine waste.

When does it enter into force?

This decree-law enters into force on 1 July 2021.

Original Version

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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.