Legal basis

Legal basis

  • Law-Decree No. 366-A/97 
  • Regulation Ordinance No. 29-B/98 
  • Law-Decree No. 162/2000

The implementation of the European Directive 94/62 in Portugal was achieved throughout the creation of a national legal framework. As a result of this framework the Fillers/Importers and Distributors of packaging must either set up a Deposit and Take-Back System (for reusable packaging) or develop an Integrated Recovery System (for non-reusable packaging). Without fulfilling such requirements companies are not allowed to operate in the market place since the referred legal framework came into force, on January 1st 1998.

Within the scope of the Integrated Recovery System and in accordance with the aforementioned legislation, Manufacturers, Fillers/Importers and Distributors have the right to transfer their recovery obligations to a nationwide system-operating organisation, which, however, has to be approved by the Ministries of Environment and Economy.

The Integrated Recovery System is a key instrument of the national Strategic Plan for Municipal Solid Waste and aims at achieving the recovery targets set forth by the EU Packaging Directive for Portugal. Having achieved the 2005 goal to recover 50% of the overall packaging weight and to recycle 25% of this, with a minimum goal of 15% per material, Portugal now prepares the next goal. By the end of 2011, it must:

  • recover 60% of the total weight of packaging waste placed on the market
  • recycle at least 55% of this waste
  • recycle at least:
    • 60% of glass
    • 60% of paper and cardboard
    • 50% of metal
    • 22,5% of plastic
    • 15% of wood