PORTUGAL Law and Practice Contributed by: Andreia Candeias Mousinho, Diogo Duarte Campos, João Marques Mendes and Raquel Freitas, PLMJ
PLMJ Av. Fontes Pereira de Melo, 43 1050 119 Lisboa Portugal Tel: +351 211 592 574 Email: camila.oliveira@plmj.pt Web: www.plmj.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The aim of environmental policy is to enforce environ- mental rights by promoting sustainable development. This is supported by appropriate management of the environment – in particular, of ecosystems and natural resources. This contributes to the development of a low-carbon society and a “green economy”, and to rational and efficient use of natural resources, includ- ing the promotion of the circular economy, which ensures the well-being and gradual improvement of the quality of life of citizens. Public action in environmental matters is guided by the following principles: • sustainable development; • intra and inter-generational responsibility; • prevention and precaution; • responsibility; • recovery; • the “user pays” principle; and • the “polluter pays” principle. Public policies for the environment are guided by the following principles: • a transversal approach and integration;
There are several laws governing environmental pro- tection, which relate to specific subjects. The key pieces of legislation include: • the Constitution of the Portuguese Republic; • Law 19/2014, containing the bases of environmen- tal policy; • Law 98/2021, the “Climate Law”; • Law 50/2006, on environmental administrative offences; • Decree Law 151-B/2013, on environmental impact assessment; • Decree Law 147/2008, on responsibility for envi- ronmental damage; • Decree Law 127/2013, on industrial emissions applicable to integrated pollution prevention and control; • Law 58/2005, Decree Law 226-A/2007 and Decree Law 119/2019, on water; • Decree Law 102-D/2020, on waste management (Annex I); • Decree Law 150/2015, on the prevention of major accidents (Seveso legislation); • Decree Law 39/2018, on prevention and control of emissions of pollutants into the air; • Decree Law 12/2020, transposing the EU Emis- sions Trading System (EU ETS) into Portuguese law; • Decree Law 4/2024, implementing the Portuguese Voluntary Carbon Market (VCM); • Decree Law 142/2008, on the conservation of nature and biodiversity;
• international co-operation; • knowledge and science; • environmental education; and • information and participation.
353 CHAMBERS.COM
Powered by FlippingBook