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Decree-Law no. 102-D/2020, of December 10th

Waste management policies

It was recently published on Portuguese Official Gazette, the Decree-Law no. 102-D/2020, of December 10, which proceed to a number of substantial changes to national waste management policies in view of the requirement to transpose several European Directives (in particular the latest Directive (EU) 2018/849, of the European Parliament and the Council of 30 May 2018).

Given the extent of the changes and the need for economic operators to understand and accommodate the various new aspects envisaged here, this legal framework (which you can consult here) will enter into force only on 1 July 2021.

The main amendments are the following:

Waste Management Legal Framework

The referred Decree-Law revises the General Waste Management Legal Framework and revokes the previous Decree-Law no. 178/2006 of 5 September with subsequent amendments.

In addition to the introduction of a programmatic aspects (e.g. definition of a new waste planning and management structure; densification of the content of national waste plans), the provision for updated targets (e.g. targets for municipal waste production, reduction of hazardous waste and reduction of food waste), the new published legislation also provides for the general outlines of the new requirements for extended producer liability regimes.

Landfill Waste Legal Framework

The current legal framework on the landfill waste management set for in Decree-Law no. 183/2009 of 10 August with subsequent amendments is also revoked.

In the same line with the previous legislation, the amendments relate essentially to the implementation of targets for reducing the disposal of landfill waste with relevance to the prohibition from 2030 on the landfill of any waste likely to be reproduced or recovery. On the other hand, from the point of view of licensing, the need for prior authorization from the competent authority for the licensing of landfill mining operations is also determined.

Management of Specific Waste Streams Framework

The referred new Decree-Law states a very ample set of changes to the legal framework in reference, provided for in Decree-Law No. 152-D/2017 of 11 December with subsequent amendments, seeking to implement everyday behaviour and regulate the procedures and responsibilities of industries and economic sectors, especially in terms of the reuse of packaging.
On the other hand, in line with European legislation specific targets are defined for waste flow management and packaging recycling.

Other Amendments

Due to the amendments of the above legal frameworks several other amendments were introduced on environmental legislation such as the Environmental Impact Assessment legal framework approved by Decree-Law No. 151-B/2013, of October 31 with subsequent amendments, and the Environmental Fund legal framework approved by Decree-Law No. 42-A/2016 of August 12 with subsequent amendments.

Authors

Picture of Monica Pacheco
Mónica Carneiro Pacheco
Partner
Lisbon
Picture of Bernardo Cunha Ferreira
Bernardo Cunha Ferreira
Associate
Lisbon
Catarina Pinto Santos
Trainee Lawyer
Lisbon