PORTUGAL Law and Practice Contributed by: Andreia Candeias Mousinho, Diogo Duarte Campos, João Marques Mendes and Raquel Freitas, PLMJ
Take-Back Regarding take-back, if the producer of the tyres or of the electrical and electronic equipment is simultane- ously the seller to the final user, it is obliged in some circumstances to take back the waste arising from those goods, at no cost. If the producer is not the seller to the end user, it must provide for the creation and implementation of a collection grid and pay the corresponding costs. Deposit Refund System In 2024, Portugal created a mandatory deposit refund system ( Sistema de Depósito e Reembolso , or SDR) applicable to non-reusable plastic and metal beverage bottles of less than three litres. This SDR, carved out of the universe of general packaging EPR systems, will be managed by special-purpose PROs operating in a competitive environment – with SDR Portugal cur- rently being the only licensed PRO for this packaging stream. The objective is to encourage end users to return their packaging to designated collection points by refunding a deposit paid at the time of purchase, thereby enhancing the recycling potential for this packaging waste. The goal fixed by the Portuguese government is the recycling of at least 90% of this packaging waste by 2029. The Circular Economy Portuguese law intertwines production and recovery in line with the principles of the circular economy. For instance, secondary raw materials obtained from the recycling of packages must be incorporated, when- ever possible, into the production of packages, and electrical and electronic equipment must be designed for ease of dismantling and the recovery of waste, components and materials. The producers of this equipment must also do so bearing in mind the goals of resource efficiency, the reduction of dangerous chemical products and the durability of the products. The producers of batteries must also, among other requirements, design these so that they progressively contain fewer dangerous substances. Disposal Finally, disposal may occur in the form of incineration – especially waste-to-energy incineration – or landfilling.
Requirements for disposal are directly linked to the principle of hierarchy of waste management options and waste characteristics (eg, hazardousness). 15.4 Rights and Obligations Applicable to Waste Operators Waste operators can only manage waste under a specific permit issued by public entities. It is usual for these permits to set out obligations on the proper handling of the waste to avoid contamination events. Furthermore, for the decommissioning of a waste treatment plant, the operator must follow the condi- tions specifically established in the permit and must present a waiver request alongside an assessment of the state of the soil. Maintenance actions may also be required after the plant’s closing. Regarding the obligation to take over a financial guarantee, see 8.1 Environmental Insurance . An application for a soil remediation licence must contain an assessment of the local contamination, including a risk analysis for human health and/or the environment, as well as a definition of the decontami- nation objectives, a timetable and a monitoring plan to assess the effectiveness of the operation. Decon- tamination operations are subject to a final inspection by the licensing authority (CCDR). Regarding the consequences of non-compliance, see 4.5 Consequences of Breaching Permits/Approvals . 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Responsibility to Inform the Competent Authority The law determines that operators must immediately inform the competent authority of all matters relating to the existence of an imminent threat of environmental damage, of the preventative measures taken, and of the success of these measures in preventing damage. If environmental damage actually occurs, the operator must inform the competent authority of all the relevant facts within 24 hours. These obligations are usually included in the operators’ environmental permits and are preferably fulfilled by electronic means.
369 CHAMBERS.COM
Powered by FlippingBook