Decree-Law no. 89/2025 was published on August 12, completing the transposition of Directive (EU) No. 2010/75/EU of the European Parliament and of the Council on industrial emissions, introducing several amendments to the key legislation in this area, Decree-Law no. 127/2013 of August 30, which establishes the Industrial Emissions Regime Applicable to Integrated Pollution Prevention and Control (PCIP).
The main amendments to the PCIP regime include (i) the obligation for operators to immediately notify the competent authority of any accident or incident occurring at the installation; (ii) the revision of licensing conditions; (iii) the duty of the competent authority to provide information when consulted by another Member State; and (iv) the modification of certain technical requirements applicable to licensing.
Due to their relevance, we highlight the addition of two new articles to the law:
· Article 19-A, which, although the license has no expiry date, establishes mandatory periodic review every seven years, providing for the possibility of suspension or expiry in the absence of submission of the respective review request;
Thus, on a transitional basis, it is determined that when the environmental license has been issued or amended more than six years ago, the license holder must submit the review request within six months of the entry into force of the law; in the case of licenses issued or amended six years ago or less, the review request shall be submitted within the normal period of seven years provided for in Article 19-A.
· Article 61-A, which defines the mandatory content of the operating license authorizing the development of waste incineration/co-incineration operations, including technical parameters and a list of hazardous waste.
Finally, Article 61(2), which required the APA's final decision to reproduce in full the minimum content of the operating license provided for in Decree-Law No. 178/2006 of September 5, is repealed. With this repeal, this matter is now regulated directly by the new Article 61-A, which sets out, independently, the mandatory elements of the operating license.
The Decree-Law enters into force on the day following its publication and can be consulted here.
