Portugal

Extended Producer Responsibility (EPR) for Packaging in Portugal

The legal framework in Portugal governing waste management has been consolidated over the past decades including regulations for managing specific waste flows. National waste related legislation predominantly transposes the EU Directives. The producer responsibility principle is widely applied to achieve targets for prevention, separate collection, and recovery and recycling. Compliance with packaging and packaging waste management requirements at the local level is regulated by Decree-Law No. 152-D/2017.

Responsibility in Portugal

According to the legislation in force (Decree-Law no. 152-D / 2017, in its current wording), the responsibility for the packaging and packaging waste management refers, totally or partially, to the product producer, the packer and the service packaging supplier has the financial or financial and operational responsibility for managing the products lifecycle phase when they reach their end of life and become waste.

Definition of Packaging under the Decree-Law no. 152-D / 2017

The Decree-Law no. 152-D / 2017 of the Portuguese Republic classifies the following materials as packaging:

• Paper/ cardboard
• Black metals
• Glass
• Aluminium
• Plastic
• lliquid food board
• Steel
• Wood
• Other materials.

Thresholds

There are no lower quantity minimum quantities. Thresholds to exempt anyone introducing packaged products from their obligations. Even sending a single parcel or a solitary product item obliges compliance.

Producer’s Responsibilities under EPR in Portugal

Producers dealing with EPR products must undergo registration with the relevant authority to acquire a packaging registration number. This process entails:

1 Registration

• To prevent “free riding”, product manufacturers and packagers must register on the Integrated Electronic Waste Registration System (SIRER) to declare the annual volume of products and packaging materials placed on the market, maintaining a registration number. A law is currently being prepared to prevent ticketless travel, stipulating that the relevant registration numbers SIRER will be indicated on invoices. This legislative proposal is currently under discussion.
• Product manufacturer, packager or supplier service packaging may fulfill its compliance obligations independently by submitting an application to the Portuguese Environment Agency, indicating the forecast of packaging placed on the market.
• Producer can also delegate responsibility for managing the waste into which the product or packaging turns into a person who has the appropriate license (so-called PRO – producer responsibility organization). The transfer of responsibility in this case occurs on the basis of an agreement and for a fee. In total, there are currently about 5 missile defence systems operating in Portugal.

2 Fee Payments

Currently, each PRO establishes different criteria to reward and / or penalize packers according to the type of packaging they put on the market.

3 Reporting

Producers must declare the annual volume of products and packaging materials placed on the market. PROs can conduct audits to ensure correct reporting (compliance check).

Authorized Proxy

A product manufacturer, packager or service packaging provider established in another Member State of the European Union or in a third country and selling products directly to users in Portugal must appoint a natural or legal person registered in Portugal as an authorized representative who is responsible for fulfilling obligations as a packaging manufacturer. The appointment of an authorized representative is carried out by issuing a written mandate.

EPR Reporting Deadline in Portugal

The annual declaration is a document that companies fill out annually to report the total weight of single-use packaging of products placed on the national market and intended for the end consumer. The declaration is submitted for the first time upon joining the system, and then annually.

Sanctions

According to Decree-Law No. 152-D/2017, for non-compliance with the rules of extended producer responsibility, the violator may face the following fines:

• Suspension of activities;
• Suspension of authorizations, licenses and permits;
• Fines from 50 to 3740 euros for individuals;
• Fines from 500 to 44,890 euros in the case of a legal entity.