Decree-Law No. 152-D/2017 of Portugal aims to regulate the management of specific waste, promote waste prevention and integrated management, boost the development of the circular economy, and ensure the implementation of relevant EU directives at the domestic level. This decree integrates fragmented regulations, clarifies the responsibilities of various entities, establishes a management system, formulates specific provisions for different types of waste, and sets up supervision and penalty mechanisms.
1. Core Points of the Decree
Objectives and Scope of Application:
It establishes regulations for the management of six types of specific waste, including packaging and waste oils. The purpose is to prevent and reduce the generation and harm of waste, promote reuse, recycling, etc., implement relevant EU directives, and it applies to various relevant waste and market entities.
Definitions and Principles:
It defines terms related to waste management, clarifies the prevention and reduction of waste generation, follows principles such as giving priority to reuse and recycling, and ensures human health and environmental safety.
Responsible Entities:
Producers, packers, etc. are financially or operationally responsible for the waste management at the end of the product life cycle. Citizens need to cooperate actively, and participants in all links are jointly responsible.
2. Management System and Requirements
Management System:
Producers, etc. can choose an individual or an integrated management system. Under the integrated system, they need to transfer their responsibilities to an authorized management entity, while in the individual system, they bear the responsibilities themselves. They also need to meet requirements such as qualifications and financial guarantees.
Recycling Network:
The recycling network of the integrated management system needs to be comprehensive, accessible, and conducive to classification, etc. Retailers have the obligation to recycle some waste, and the recycling process is free of charge.
Funding Mechanism:
The integrated management entity is financed through fees paid by producers, etc. The fees are determined according to the quantity of products or packaging, etc., and need to follow relevant calculation models and regulations.
3. Detailed Rules for the Management of Various Types of Waste
Packaging Waste:
It clarifies the definition and classification of packaging, stipulates the management methods for non - reusable packaging waste. For reusable packaging, systems such as a deposit - return system need to be established. It sets goals for recycling, regeneration, etc., and relevant technical requirements.
Waste Oils:
The management follows the hierarchical order of regeneration, recycling, and other utilization. It stipulates the recovery and regeneration goals and responsibilities of producers, and puts forward technical requirements and operating specifications for storage, treatment, regeneration, etc.
Waste Tires:
Producers need to ensure a high recovery rate and utilization rate. Retailers have the obligation to recycle. It formulates technical specifications and prohibited behaviors for retreading and other treatment methods.
Waste Electrical and Electronic Equipment (WEEE):
Product design should facilitate disassembly and recycling. It stipulates the recovery and utilization goals and responsibilities of producers, and puts forward requirements for recovery, transportation, treatment, reuse, etc. There are strict regulations regarding cross - border transfers.
Waste Batteries and Accumulators:
Manufacturers should reduce the use of hazardous substances. It stipulates the recovery rate goals for portable batteries, etc., clarifies the recovery responsibilities, storage requirements, marking regulations, and treatment standards for various types of batteries.
End - of - Life Vehicles (ELVs):
The management aims to reduce waste and improve environmental performance. It clarifies the responsibilities of various entities. Vehicle design should consider environmental protection. There are detailed regulations on marking, information provision, end - of - life treatment processes, and operating specifications.
4. Market Supervision and Penalties for Violations
Market Access Restrictions:
Products such as packaging and batteries that do not meet the requirements are prohibited from entering the market. Products need to have legal markings, and border management departments are responsible for verification.
Supervision and Inspection Mechanism:
Multiple departments conduct supervision and inspection of the implementation of the decree according to their responsibilities. Other public departments also have supervision powers.
Penalty Measures for Violations:
Corresponding penalties are formulated for violations of different degrees, including environmental violations and other violations. Penalties include fines, public announcements, etc., and fines are distributed as stipulated.
5. Supplementary and Transitional Provisions:
For matters not elaborated in detail, the general waste management regulations apply. The scope of application can be expanded. Relevant departments are responsible for formulating technical specifications. This decree applies to autonomous regions. It will be evaluated three years after implementation, and some provisions have a transition period.