Legislation

In this page you will get to know about the legislation on packaging and packaging waste management, in the national and European context.

Waste Management
Legislation Short Description  
Decree Law n.º152-D, from December 11th Legal regimes concerning specific waste streams providing for integrated management systems perationalization based on the principle of extended producer responsibility and which, through their managing bodies, assume the responsibilities of economic operators who put products on the national market.
Dispatch  n.º 14202-D/2016, from  November 25th  Novo Verde Permit as a packaging waste compliance scheme.
Decision 2014/955/EU from December 18th European Waste List, EWL, which changes the Decision 2000/532/CE of the Commission, from May 3rd, stated in article 7 of Directive 2008/98/CE of the European Parliament and of the Council, from November 19th.
Decree Law nº 73/2011, from June 17th The current Decree Law makes the third change to Decree Law n.º 178/2006, of September 5th, and transposed the Directive n.º 2008/98/CE of the European Parliament and Council, of November 19th, relating to waste.
Directive 2008/98/CE from the European Parliament and the Council, from November 19th 2008 The current Directive establishes protective measures towards the environment and human health, preventing or reducing adverse impacts derived from waste generation and management, decreasing general impacts from the use of the resources and enhancing the efficiency of that same use.
Waste Transportation
Legislation Short Description  
Decree n.º 335/97, from May 16th Regulates waste transportation on national territory.
Waste Transfrontier Movement (WTM)
Legislation Short Description  
Decree Law n.º 45/2008, from March 11th Ensures the execution and guarantees the fulfillment, in the internal judicial order, of the obligations of the Portuguese State, derived from Regulation (UE) n. º 1013/2016.
Regulation (EU) n.º 1013/2006 of the European Parliament and Council, from June 14th  Establishes procedures and control processes relating to waste transfer according to the origin, destiny and itinerary of those transfers, the type of waste that are transferred as well as the type of treatment to be applied to the them, at their destination point.
Waste Planning
Legislation Short Description  
Resolution from the Ministries´ Council n.º 11-C/2015 Approves the Waste Management National Plan from the period of 2014-2020.
Decree n.º 187-A/2014, from September 17th Approves the Urban Waste Strategic Plan (PERSU 2020), for Portugal Mainland, available at APA - Portuguese Environment Agency website
Packaging and Packagigng Waste
Legislation Short Description  
Decree n.º 154-A/2017, from January 3rd Grants Novo Verde - Sociedade Gestora de Resíduos de Embalagens, S. A, the possibility to celebrate contracts under the scope of nº 3 of Dispatches n.º 14202-D/2016 and 14202-E/2016,from November 25th, until 2017.
Decree n.º 306/2016, from December 7th 2016 Fixates the structure, composition and functioning of the Waste Management Follow up Commission, from now on referred to as CAGER. 
Dispatch n.º 14415/2016, from November 29th 2016 Creates a work group with the mission to identify and propose measures which lead to SIGRE´s implementation.
Dispatch n.º 14202-C/2016, from November 25th Determines the value of the fee due by the compliance schemes and which is destined to support the cost increases related to selective collection and packaging waste sorting, as well as the sorting of packaging waste in the mechanical and biological treatment stations, the organic recovery of the packaging waste and the treatment of the metalic slag which results from the incineration of urban waste and other fractions that are considered recycling.
Decree Law  n.º 71/2016, from November 4th Originates in the seventh change to Decree Law nº 366-A/97, from December 20th which establishes the principles and applicable norms to the packaging and packaging waste management system, to the tenth change to Decree law nº 178/2006, from September 5th, which approves the General Waste Management Regime (GWMR), which transposes Directive 2015/1127, of the Commission, from July 10th 2015, as well as the first change to Decree Law nº 67/2014,from May 7th, which approves the Waste of Electrical and Electronic Equipment  (WEEE) management judicial regime.
Decree Law n.º 48/2015, from April 10th Originates in the sixth change to Decree Law nº 366 -A/97, of December 20th, changed by Decree Laws nº 162/2000, of July 27th, 92/2006, of May 25th, 178/2006, of September 5th, 73/2011, of June 17th and 110/2013, of August 2nd, which establishes the principles and applicable norms to the packaging and packaging waste management system in order to introduce rules in terms of technical specifications, qualification of packaging waste management operators, methodology for defining the calculation models of the amounts of the fees and in the update of, both, the capitations and objectification of the urban waste compliance scheme.
Decree Law n.º 110/2013, from August 2nd The current Decree Law originates in the fifth change to Decree Law nº 366 -A/97, of December 20th, changed by Decree Laws nº 162/2000, of July 27th, 92/2006, of May 25th, 178/2006, of September 5th and 73/2011, of June 17th, and transposed to the internal judicial order Directive nº 2013/2/UE, of the Commission, from February 3rd 2013, which changes Additament I to Directive nº 94/62/CE, of the European Parliament and Council, from December 20th 1994, relating to packaging and packaging waste.
Directive n.º 2004/12/CE Originates in the more detailed clarification of the definition of "packaging" as stated in Directive nº 94/62/CE, of the European Parliament and Council, from December 20th, by introducing certain criteria as well as an additament containing illustrative examples and update of the packaging waste management goals.
Decree Law n.º 162/2000, from July 27th Changes articles 4 and 6 of Decree Law 366-A/97, from December 20th.
Decree Law n.º 366-A/97, from December 20th Transposes to national judicial order the Directive nº 94/62/CE and 2004/12/CE, of the European Parliament and Council, relating to packaging and packaging waste, having been republished by Decree Law nº 48/2015, from April 10th and later changed by Decree Law nº 71/2016, from November 4th.
Directive n.º 94/62/CE Its objective is to harmonize the national dispositions relating to packaging and packaging waste management in order to, on one hand, prevent and reduce its impact on the environment in all Member States as well as in other countries and, on the other hand, guarantee the running of the internal market and avoid obstacles to trade and distortions and restrictions from the competition in the Community, previewing measures that prioritize the prevention of packaging waste production. It also previews, as fundamental principles, packaging reuse and recycling, as well as other ways of recovering packaging waste and, as such, the reduction of final elimination of those waste.
Decree Law n.º 92/2006, from May 25th Changes Decree Law nº 366-A/97, from December 20th with the changes introduced by Decree Law nº 162/2000, from July 27th, transposing for national judicial order Directive nº 2004/12/CE, of the European Parliament and Council, of February 11th, relating to packaging and packaging waste.

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