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Decree Law No. 102-D/2020


Publication: Republic Diary No. 239/2020, Series I of 2020-12-10
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 102-D/2020
  • Pages: 25-(2) a 25-(269)

Summary in plain english

What is it?

This decree-law updates the scheme for the management of specific waste flows and approves:

    • The new general waste management scheme (RGGR);
    • The new scheme for the landfill of waste.
What is going to change?

Scheme for the management of specific waste flows

    • This decree-law transposes European packaging recycling targets, by type of material, and provides for the adoption of targets concerning the placing on the market of beverages in reusable packaging;
    • A general review of the scheme has been carried out with emphasis on circular approaches and compliance with targets for the collection and recycling of waste from specific flows;
    • Consumer information obligations are introduced so that consumers can make choices and behave in a sustainable way;
    • The provision of box bags of any material free of charge is prohibited;
    • Large retail outlets are required to designate areas dedicated to the trade in bulk products and beverages in reusable packaging;
    • Hotels, restaurants, cafés and the like must keep a container of tap water and glasses available for consumption on site;
    • From 2022 onwards, ready-to-eat food establishments, as well as retail establishments trading in bulk products, are obliged to accept customers to bring their own packaging.

Measures are included which aim to:

    • Promote the eco-design of products covered by specific flows;
    • Combat free-riding in the placing and availability of products on the market, with a focus on e-commerce and other forms of distance selling;
    • Extend producer responsibility. In this context, all packaging will be covered by the scheme as from 1 January 2022;
    • Promote greater control and appropriate environmental and competitive practices in the management of specific waste flows;
    • Contribute to the sustained reduction of single-use packaging consumption;
    • Promote reusable packaging and reuse;
    • Ensure a high level of separate collection and treatment of waste, in particular hazardous waste such as end-of-life vehicles.

General Waste Management Scheme (RGGR)

    • The scope of municipal waste management is changed, linking it not only to the codes on the European Waste List (EBL), but also to the origin, quantity, nature and typology of waste;
    • Rules on the prevention of waste production are created, with objectives and targets for prevention in the production of municipal waste and food waste, as well as rules to promote reuse and minimise the production of hazardous waste;
    • The targets for preparing for re-use, recycling and recovery set out in the Waste Framework Directive are transposed into national law;
    • The extension of separate collection to bio-waste, textiles, hazardous waste from households and waste from furniture and other bulky waste is foreseen;
    • The structure associated with waste management planning is updated and the content of national waste plans is intensified;
    • The waste management fee (TGR) scheme is reviewed and the base value for the disposal and incineration of waste is progressively increased.
    • The distribution of TGR product now also benefits PSP and GNR, which collaborate in the supervision.
    • The municipalities can recover part of the TGR supported through support from the Environmental Fund for investments in waste and the circular economy.

Legal scheme for the landfill of waste

    • The principle of the waste hierarchy is reinforced by imposing at least an appropriate selection of the different waste flows before a waste can be landfilled;
    • The landfill of waste that has been separately collected for the purpose of preparing for re-use and recycling and, from 2030 onwards, of any waste that can be recycled or recovered is prohibited;
    • The recovery of waste previously landfilled is allowed through landfill mining operations, with prior authorisation and provided that there is no increased risk;
    • Obligations to divert biodegradable municipal waste from landfills are imposed and landfill of any biodegradable waste is prohibited as from 2026;
    • The competence of the regional co-ordination and development committees for the licensing of landfills associated with industrial establishments is established;
    • The sector's governance instruments are strengthened, with the Commission for Monitoring Waste Management (CAGER) responsible for monitoring at national level.
    • It is planned to set up local monitoring commissions in which representatives of the entities, local authorities and populations close to a landfill participate, as well as the preparation of a three-yearly report by the APA, to which the licensing and inspection bodies and the national monitoring bodies contribute.
What advantages does it bring?

This decree-law promotes appropriate waste management with a view to the sustainable recovery of materials and in order to protect, preserve and improve the quality of the environment and protect human health.

It ensures greater transparency and ease of access and understanding by economic operators.

The aim is to promote circular approaches giving priority to reusable products and sustainable and non-toxic reuse systems over disposable products, with a view to reducing waste generated in general and the amount of municipal waste going to landfill in particular.

When does it enter into force?

This decree-law enters into force on 15 December 2020 and takes effect on 1 July 2021.

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.