Environmental law is a complex, multifaceted, multidimensional law that encompasses various branches of law, taking into account the specificity of its object, which is characterized by having a broad dimension and covering various areas of action, being directed to man in his relationship with “space”, “time”, “earth”, in short, with nature or the environment. In this path, we come across, among others, constitutional environmental law, community and international environmental law, administrative environmental law, civil environmental law, criminal environmental law, environmental infraction law, being certain that the multidimensional character of Environmental Law does not constitute an obstacle to its autonomy, as a specific branch of Law, quite the contrary.

Indeed, environmental law is an autonomous law, despite its eclectic, multidisciplinary nature, of ecological scientific matrix and base, especially geared towards permanent evolution, with strategic and prospective vision. The autonomy of Environmental Law is characterized by the autonomy of the legal good environment, encompassing values and interests (legitimate) of man and the general interest of society, and in the framework that the environment is fundamental for the existence and quality of life of all living beings, including human beings. Thus, its protection is essential to guarantee a sustainable future for present and future generations. This autonomy is also reflected in the face of the globalization of the environmental problem, which has as a consequence that International Law and Community Law do not only create norms of direct application or for transposition, but also require the creation of organisms, administrative entities and authority, with powers-duties to observe, propose, legislate and supervise, being certain that Environmental Law is directed to the safeguard of rights of other beings that are not man and rights of men that do not exist, conceived abstractly, as forthcoming, of humanity that will come.

Environmental Law is governed by a set of fundamental principles, enshrined in law, such as: a) The principle of prevention, through the adoption of measures that act on pollution sources, with the aim of avoiding their creation, preventing environmental degradation, and implementing corrective measures a posteriori for the damages caused; b) The precautionary principle, which establishes that anticipatory measures can be imposed with the aim of obviating or mitigating adverse impacts on the environment, of natural or human origin, in the face of future and uncertain risks, as well as imposing the reversal of the burden of proof on the party responsible for introducing the risk into the environment or the market; c) The principle of sustainable development, closely related to the principle of intergenerational solidarity, which translates into a balance of interests in environmental preservation and economic development interests, without compromising future generations; d) The principles of accountability for ecological damage and the polluter-pays principle, which justify the activation of financial, civil, criminal, administrative responsibility; principle of correction; e) The principle of rational resource management, so as to prevent damage to non-renewable goods, but without jeopardizing economic and technological development; f) The principle of transversality, horizontality or integration; g) The principles of participation and information, of citizens and non-governmental organizations; h) The principle of cooperation, which requires supranational coordination of solutions appropriate to the dimension of the problems; i) The principle of effective judicial protection, which implies, first of all, the right of access to the courts for the defence of individual rights and also diffuse interests [includes diffuse interests strictu senso, collective interests and homogeneous individual interests, which are characterized by having an individual and supra individual dimension because their ownership belongs to all and each member of a class or group (regardless of their will) and because they fall on goods that can be enjoyed in a concurrent and non-exclusive way. Homogeneous individual interests are definable as generically considered legal situations, corresponding to the interests of each of the holders of a diffuse interest or a collective interest. The protection of the diffuse interest presupposes the abstraction of particularities, relating to each of the holders, since what is relevant is the protection of the supra individual interest and the protection of the purpose aimed at with its creation in the legal order, which dispenses with the appreciation of any specificity. However, when through that action, the protection of a collective interest is sought, the protection of the individual situations of the respective holders is relevant, which is admissible only up to the limit in which an undifferentiated appreciation of them is acceptable, without, however, providing for the individualized analysis of each one. – Cfr. Ac. STJ, Proc. nº 7617/15.7T8PRT.S1, 2nd section, of 08/09/2015.].

Law No. 19/2014, of 14/04, defines the basis of environmental policy, in compliance with the provisions of articles 9 and 66 of the CRP, stating that everyone has the right to the environment and quality of life, in constitutional and internationally established terms, being that, the right to the environment consists of the right to defence against any aggression to the constitutionally and internationally protected sphere of each citizen, as well as the power to demand from public and private entities the fulfilment of duties and obligations, in environmental matters, to which they are bound under the terms of the law and the right. At the level of procedural rights, everyone enjoys the rights of intervention and participation in administrative procedures related to the environment, namely: a) The right of participation of citizens, non-governmental associations and other interested parties in environmental matters, in the adoption of decisions relating to authorization procedures or activities that may have significant environmental impacts, as well as in the preparation of environmental plans and programs; b) The right of access to environmental information held by public entities, which have the duty to disclose and make it available to the public through appropriate mechanisms, including the use of telematic or electronic technologies.

In turn, everyone is recognized the right to full and effective protection of their legally protected rights and interests in environmental matters, namely: i) The right of action for the defence of subjective rights and legally protected interests, as well as for the exercise of the right of public action and popular action; ii) The right to promote the prevention, cessation and repair of violations of environmental goods and values as quickly as possible; iii) The right to request the immediate cessation of the activity causing threat or damage to the environment, as well as the restoration of the previous situation and the payment of the respective compensation, under the terms of the law.

In the implementation of environmental policy, natural and human environmental components are inseparable. At the level of natural environmental components, such as air, water and sea, biodiversity, soil and subsoil, landscape, environmental policy recognizes and values the importance of natural resources and ecosystem goods and services, specifically in the following terms:

1. Air management aims to preserve and improve its quality in the environment, ensure its good quality inside buildings, and reduce and prevent environmental dysfunctions, in order to minimize adverse effects on human health and the environment;
2. The protection and management of water resources include surface and groundwater, beds and banks, adjacent areas, maximum infiltration zones and protected areas, and aim to achieve their optimal state, promoting sustainable use based on the safeguarding of the ecological balance of resources, their use and reuse, and considering the social, environmental and economic value of water, also seeking to mitigate the effects of floods and droughts through the planning and management of water and hydrogeological resources. The protection and management of water resources also aim to safeguard the human right, enshrined by the United Nations, to access safe drinking water, as well as universal access to sanitation, fundamental for human dignity and one of the main mechanisms for protecting the quality of water resources, also ensuring the principle of intergenerational solidarity.
3. The policy for the marine environment, covering the water column, the seabed and the subsoil, must ensure its integrated management, in close coordination with the management of the coastal zone, guaranteeing the protection of marine resources and ecosystems, which implies the conditioning of sea uses likely to harm the ecological balance or that imply serious risk or damage to the environment, people and goods;
4. The conservation of nature and biodiversity as a fundamental dimension of sustainable development requires the adoption of the necessary measures to halt the loss of biodiversity, through the preservation of natural habitats and fauna and flora throughout the national territory, the protection of vulnerable areas, as well as through the fundamental network of protected areas, of strategic importance in this field;
5. The management of soil and subsoil requires the preservation of its capacity for use, in order to perform its environmental, biological, economic, social, scientific and cultural functions, through the adoption of measures that limit or reduce the impact of anthropic activities on soils, that prevent their contamination and degradation and that promote their recovery, as well as that combat and, if possible, reverse the processes of desertification, promoting quality of life and rural development;
6. The safeguarding of the landscape implies the preservation of aesthetic and visual identity, and the authenticity of natural heritage, built heritage and places that support socio-cultural systems, contributing to the conservation of the specificities of the various regions that together form the national identity.

Under the terms of the LBA, environmental policy also aims at components associated with human behaviours, namely climate change, waste, noise and chemicals, specifically with the following objectives:

1. The policy to combat climate change implies an integrated vision of various socio-economic sectors and biophysical systems through a development strategy based on a competitive low-carbon economy, in accordance with the adoption of mitigation measures and adaptation measures, aimed at reducing vulnerability and increasing the capacity to respond to the negative impacts of these changes;
2. Waste management is oriented towards the prevention of its production, through the reduction of its quantity and danger, for the preservation of natural resources, through the consideration of the economic value of waste as potential sources of raw materials and energy, and for the mitigation of adverse impacts on the environment and human health resulting from its production through the creation of adequate conditions for its management, based on the optimization of the use of existing infrastructures;
3. The reduction of the population’s exposure to noise is ensured through the definition and application of instruments that ensure its prevention and control, safeguarding the quality of life of the populations and human health;
4. The assessment and management of the risk associated with chemical, biological and radioactive elements and products, genetically modified organisms, and the incorporation of new technologies, during their life cycle, in order to guarantee the protection of the environment and human health.

Thus, environmental policy establishes specific legislation for each of the above-mentioned components, consistent with the applicable European and international policies in each domain, with a view to defining objectives and applying specific measures, taking into account the instruments of environmental information, economic and financial planning, environmental assessment, environmental authorization or licensing, continuous improvement of environmental performance and control, supervision and inspection, which aim to prevent, reduce and, as far as possible, eliminate negative environmental impacts.

In the context of assessment instruments, programs, plans and projects, public or private, that may affect the environment, the territory or the quality of life of citizens, are subject to environmental assessment prior to their approval, in order to ensure the sustainability of development options. The environmental assessment ensures that the decision-making process integrates the consideration of relevant impacts in biophysical, economic, social, cultural and political terms, taking into account, among others, the state of the environment, the evaluation between alternatives, the reference scenario, and the cumulative impacts with other planned or implemented developments, as well as the contributions received through consultation and public participation. It also includes a life cycle analysis in the case of projects likely to cause significant adverse environmental impacts.

We highlight the most relevant legislation in this branch of law:

• Law No. 19/2014, of April 14 – Defines the basis of environmental policy;
• Law No. 26/2016, of August 22, amended by Laws No. 58/2019, of 08/08, 33/2020, of 12/08 and 68/2021, of 26/08 – Approves the regime of access to administrative and environmental information and reuse of administrative documents, transposing Directive 2003/4/EC, of the European Parliament and of the Council, of January 28, and Directive 2003/98/EC, of the European Parliament and of the Council, of November 17.

Legal Regime of Environmental Impact Assessment (AIA)

Here is the translation of the legislation you mentioned:

• DL No. 151-B/2013, of 31/10 [amended by DL No. 47/2014, of 24/03, DL No. 179/2015, of 27/08, Law No. 37/2017, of 02/06, DL No. 152-B/2017, of 11/12, DL No. 102-D/2020, of 10/12 (Approves the general regime of waste management, the legal regime of waste landfill and amends the regime of the management of specific waste flows, transposing Directives (EU) 2018/849, 2018/850, 2018/851 and 2018/852), DL No. 11/2023, of 10/02 (Proceeds to the reform and simplification of environmental licenses), Rectification Declaration No. 7-A/2023, of 10/02/2023, DL No. 87/2023, of 10/10] – Establishes the legal regime of environmental impact assessment (AIA) of public and private projects likely to produce significant effects on the environment, transposing Directive No. 2011/92/EU, of the European Parliament and of the Council, of 13 December, on the assessment of the effects of certain public and private projects on the environment.

• DL No. 11/2023, of 10/02 – Proceeds to the reform and simplification of environmental licenses.

• DL No. 102-D/2020, 10/12 [amended by rectification No. 3/2021, of 21/01, by Law No. 52/2021 of 10/078, by DL No. 11/2023, of 10/02 and DL No. 24/2024, of 26/03] – Approves the general regime of waste management, the legal regime of waste landfill and amends the regime of the management of specific waste flows, transposing Directives (EU) 2018/849, 2018/850, 2018/851 and 2018/852.

• DL No. 152-B/2017, of 11/12 – Amends the legal regime of environmental impact assessment of public and private projects likely to produce significant effects on the environment, transposing Directive No. 2014/52/EU.

In summary, the Environmental Impact Assessment (EIA) is enshrined as a principle in Article 18 of the Environmental Bases Law, and the current legal regime of EIA is defined by Decree-Law No. 151-B/2013, of October 31, in its current wording, which transposes into the internal legal order Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, amended by Directive 2014/52/EU. In turn, it also integrates the obligations arising from the Convention on Environmental Impact Assessment in a Transboundary Context – Espoo Convention [The convention aims to ensure that its parties assess the environmental impact of certain activities at an early stage of planning and proceed to mutual notification and consultation on the activities listed in the convention that are likely to have a significant adverse transboundary impact. The convention incorporates Principle 19 of the Rio Declaration on Environment and Development (it is a proposition of the United Nations (UN) to promote sustainable development. It was approved at the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro from June 3 to 14, 1992.), and applies to the activities listed in its Annex I (for example, oil refineries, airports, thermal, hydroelectric and wind power plants, highways, railways, large section pipelines for transporting oil, gas or chemicals). In accordance with the principles of precaution and prevention, it requires that harmful environmental impacts be anticipated and addressed in the planning phase of activities, in order to prevent/mitigate and control their significant adverse environmental impact in a transboundary context. It requires that the State in which the activity is planned (originating party) assess its environmental impacts in other States (affected parties). The originating party must notify the affected party of the activity likely to have a significant adverse environmental impact in a transboundary context. The affected party must acknowledge receipt of the notification and indicate whether it intends to participate in the assessment process. The originating party must constitute an environmental impact assessment dossier and present it to the authorities and the public of the affected party(s) so that they can formulate observations. The parties concerned must consult each other, for example, on alternative mitigation measures. The originating party must make a decision on the planned activities taking into consideration the environmental impact assessment dossier, the observations received and the result of the consultations. The final decision must be communicated to the affected party, as well as the reasons and considerations on which it is based. The parties concerned must determine whether a posteriori analysis should be carried out and, if so, what its scope should be. The Espoo Convention entered into force on September 10, 1997. The first amendment to the Espoo Convention entered into force on August 26, 2014 and the second amendment entered into force on October 23, 2017.]

It is important to note that DL No. 11/2023, of 10/02, introduced a significant set of changes in terms of EIA, seeking to streamline administrative procedures and strengthen guarantees of equality among economic operators. Consider the reduction of projects that must be subject to EIA procedures, as well as the total elimination of the need for EIA – whether mandatory or via case-by-case analysis – where it is established that typified projects (or their respective alterations and expansions) must be subject to EIA if this is mandatory in light of the legally established criteria, or if it is to be concluded, in the context of a case-by-case analysis, that they are likely to cause significant impact on the environment. In this vein, projects that are not covered by the established thresholds or are not located in sensitive areas can generally be subject to a case-by-case analysis, by decision of the licensing entity or competent for the project’s authorization, and in this context their subjection or not to EIA will depend on the conclusions of the EIA authority on its respective impact on the environment. Now, the provision of a set of situations is established in which it is absolutely unnecessary to carry out EIA procedures in relation to certain projects, whether it was previously mandatory or liable to result from the conclusions of a possible case-by-case analysis. It assumes relevance in this context, the clarification of the content of the Environmental Impact Statement (“EIS”) favorably conditioned and the decision of environmental conformity of the execution project (“DECAPE”). There is an expansion of the minimum requirements, i.e. the elements that will have to be included in the EIS model (when this is favorably conditioned), should additionally include: i) The unequivocal reasoning, with reasons of fact and law, of the conditions to be adopted, including in relation to their relationship with the anticipated environmental impacts, the conditions should be proportional to the nature, location and size of the project, and the significance of its environmental impacts; ii) The type of conditions that must be adopted throughout the various stages of project development, with the presentation of the appropriate detail to the stage at which the project is subject to EIA. The DECAPE must define the environmental conditions of approval of the execution project to be adopted in the phases of construction, operation and deactivation of the project, being applicable, with the necessary adaptations, the content requirements applicable to the EIS.

In turn, once a favorable or conditionally favorable Environmental Impact Statement (EIS) is obtained, it is no longer necessary to carry out any additional procedure regarding the matters previously analyzed, usually due to the participation of relevant entities in the EIA procedure, such as: i) For projects located in areas of the National Ecological Reserve, prior communication to the Regional Coordination and Development Commission is waived; ii) For non-agricultural uses in areas of the National Agricultural Reserve, obtaining an opinion issued by the competent regional entities is waived; iii) In relation to the cutting or uprooting of cork oaks, holm oaks and olive trees, obtaining authorization from the Institute for Nature Conservation and Forests is waived. It is also pertinent to increase the general deadline for issuing the EIS to 150 days, when, under penalty of, in the absence of a decision, tacit approval occurs. If tacit approval is to be verified, the licensing entity or competent for the project’s authorization no longer has to indicate the reasons of fact and law that justify its decision in the face of the Environmental Impact Study (“EIS”) presented by the proponent, which promotes an approximation between tacit approval and the issuance of a final act expressed in the EIA procedure. The deadline starts on the date of submission of the application through the electronic platform where the EIS has been presented (be it the electronic platform of the licensing entity, the entity competent for the project’s authorization, or the EIA authority), and only suspends when the proponent, being requested additional elements or information, does not provide them within seven working days.

On the other hand, the legal regime is also complemented by a set of regulatory decrees:

• Order No. 4619/2021, of 6/05, from the Secretary of State for the Environment, which clarifies the deadlines for the analysis on the need for environmental impact assessment of non-typified projects.

• Order No. 883/2021, of 21/01, from the Secretary of State for the Environment, which clarifies the legal regime of environmental impact assessment (EIA).

• Ordinance No. 30/2017, of January 17, which makes the first amendment to Ordinance No. 326/2015, of October 2, establishing the requirements and conditions for the exercise of the activity of post-assessment verifier of projects subject to environmental impact assessment.

• Ordinances No. 398/2015 and No. 399/2015, of November 5, which establish the elements that must instruct the environmental procedures provided for in the Single Environmental Licensing regime, for livestock activity and for industrial activities or similar to industrial (waste management operations and thermal power plants, except solar power plants), respectively.

• Ordinance No. 395/2015, of 4/11 which approved the requirements and technical standards applicable to the documentation to be presented by the proponent in the different phases of the EIA and the model of the Environmental Impact Statement (EIS).

• Ordinance No. 368/2015, of October 19, sets the value of the fees to be charged within the scope of the EIA process.

• Ordinance No. 326/2015, of October 2, which sets the requirements and conditions for the exercise of the activity of post-assessment verifier of projects subject to EIA.

• Ordinance No. 172/2014 of September 5, which establishes the composition, mode of operation and attributions of the Advisory Council for Environmental Impact Assessment.

• Decree No. 59/99, of December 17, which approves the Convention on Environmental Impact Assessment in a Transboundary Context, concluded on February 25, 1991 in Espoo (Finland), within the framework of the United Nations.

Reform and Simplification of Environmental Licensing

• DL No. 11/2023, of 10/02, Rectified by Rectification Declaration No. 7-A/2023, of February 28 and by Rectification Declaration No. 12-A/2023, of 10/04 – Proceeds to the reform and simplification of environmental licensing.

Single Environmental Licensing Regime

• DL No. 75/2015, of 11/05 – Amended by DL No. 39/2018, of 18/06 and by DL No. 119/2019, of 21/08 – Approves the Single Environmental Licensing Regime, which aims to simplify the procedures of environmental licensing regimes, regulating the procedure for issuing the single environmental title.
• DL No. 119/2019, of 21/08 – Establishes the legal regime for water production for reuse, obtained from the treatment of wastewater, as well as its use.
• DL No. 39/2018, of 18/06 – Establishes the regime for the prevention and control of pollutant emissions to the air, and transposes Directive (EU) 2015/2193. 

• Rectification Declaration No. 30/2015, of 18/06 – Rectifies DL No. 75/2015, of May 11, from the Ministry of Environment, Spatial Planning and Energy, which approves the Single Environmental Licensing Regime, which aims to simplify the procedures of environmental licensing regimes, regulating the procedure for issuing the single environmental title, published in the Official Gazette No. 90, 1st series, of May 11, 2015.

• Ordinance No. 395/2015 – Establishes the formal technical requirements that must be complied with by the procedures provided for in the legal regime of environmental impact assessment and repeals Ordinance No. 330/2001, of April 2.

The Single Environmental Licensing (LUA) is the administrative procedure that aims at the issuance of the Single Environmental Title (TUA) where all environmental decisions are included, including all information related to the environmental requirements applicable to a certain establishment, activity or project. It was created with the aim of simplifying, harmonizing and integrating the different environmental licensing regimes.

This regime applies to licensing procedures related to projects and activities covered by the following legal regimes in the field of environment: 

• Environmental Impact Assessment;
• Prevention of Serious Accidents involving dangerous substances;
• Integrated Pollution Prevention and Control [Chapter II of the Industrial Emissions diploma];
• European Trade in Emission Licenses for greenhouse gases;
• Waste Management;
• Incineration and co-incineration of waste [Chapter IV of the Industrial Emissions diploma];
• Installations and activities that use organic solvents [Chapter V of the Industrial Emissions diploma];
• Titles of Use of Water Resources;
• Operations of Waste Deposition in Landfill;
• Licensing of integrated centers for recovery, valorization and elimination of hazardous waste;
• Waste Management from Mineral Deposit Exploitations and Mineral Masses;
• Assessment of environmental incidences;
• Air Emissions Regime;
• Regime of Production of Waters for reuse.

The Single Environmental Licensing (LUA) is articulated with the various licensing regimes of economic activity, namely, with the Responsible Industry System (SIR), with the Regime of Exercise of Livestock Activities (REAP), with the Regulation of Licenses for Electrical Installations (RLIE), when there are requests for licensing in the field of environment within the scope of these regimes.

The APA and the Regional Coordination and Development Commissions (CCDR) participate in the procedure as licensing entities in the field of environment, competing to issue licensing decisions or prior environmental control to be registered in the TUA and promote the realization of inspections and technical visits. The APA and the CCDR can also be coordinating entities in the field of environment when they are responsible for licensing or authorizing an economic activity (e.g., licensing of waste management operations). In this case, it is up to them to define the manager of the procedure, issue the TUA and ensure contact with the applicant. The APA is the National Authority for the LUA and it is up to it to follow up on licensing requests and ensure the harmonized application of environmental regimes. It is also up to it to define the manager of the procedure and issue the TUA, when there is no coordinating entity in the field of environment. The manager of the procedure follows up on licensing requests and ensures compliance with deadlines, promotes synergies in procedures common to applicable environmental regimes and provides information on the state of licensing.

The Single Environmental Licensing (LUA) Module operates from the electronic platform, SILiAmb – Integrated Environmental Licensing System, and aims to enable the electronic processing of all licensing and authorization requests related to projects and activities covered by the LUA regime. This module allows for the dematerialized processing of licensing processes, and issues the Single Environmental Title (TUA). Public consultation is done through interoperability between the LUA module and the Participa platform.

The LUA module in SILiAmb allows the applicant to submit the licensing request for new installations, alteration and renewal of issued environmental licenses.

Single Environmental Title (TUA)

• Ordinance No. 137/2017, of 12/04 – Determines the approval of the model of the Single Environmental Title (TUA).

The Single Environmental Title (TUA) is an electronic title that gathers all the information related to the various licensing decisions or prior environmental control applicable to establishments, activities and projects. It is issued with the first decision on the licensing request and all decisions of licensing or prior environmental control required are successively registered to the TUA. All licenses and authorizations granted, as well as the legal decisions related to them, are registered in this title, thus ensuring the history of environmental decisions. Under the terms of Article 17 of Decree-Law No. 75/2015, of May 11, the TUA is valid for all legal effects as proof of the administrative acts inscribed or registered in it, and these produce effects automatically and are subject to their own challenge, in general terms.

Climate

• Law No. 98/2021, of 31/12 – Climate Basis Law.

• REGULATION (EU) 2021/1119 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of June 30, 2021 – creates the regime to achieve climate neutrality and amends Regulations (EC) No. 401/2009 and (EU) 2018/1999 (“European climate law”).

• Council of Ministers Resolution No. 56/2015, of July 30, its validity was extended until December 31, 2025 by Council of Ministers Resolution No. 53/2020, of July 10 – Approves the National Strategy for Adaptation to Climate Change 2020 (ENAAC), extended until December 31, 2025, which establishes objectives and the model for the implementation of solutions for the adaptation of different sectors to the effects of climate change: agriculture, biodiversity, economy, energy and energy security, forests, human health, safety of people and goods, transport, communications and coastal areas.

• Council of Ministers Resolution No. 45/2016, of August 26 – Creates the National System of Policies and Measures provided for in the Strategic Framework for Climate Policy.

• Council of Ministers Resolution No. 107/2019, of July 1 – Approves the Roadmap for Carbon Neutrality 2050.

• Council of Ministers Resolution No. 53/2020, of July 10 – National Energy and Climate Plan 2021-2030 (PNEC 2030).

• Council of Ministers Resolution No. 130/2019, of August 2 – Approves the Action Program for Adaptation to Climate Change (P3-AC).

The Climate Basis Law (LBC) thus established a set of obligations related to the need to develop new climate policy instruments, among which stand out the Regional Climate Action Plans (PRAC) and the Municipal Climate Action Plans (PMAC) (Art. 14 – Regional and local Climate Policies). In this context, DL No. 232/2007, of 15/06, amended by DL No. 58/2011, of 04/05, which establishes the regime to which the assessment of the effects of certain plans and programs on the environment is subject, transposing into the internal legal order Directives Nos. 2001/42/EC, of the European Parliament and of the Council, of June 27, and 2003/35/EC, of the European Parliament and of the Council, of May 26.

At the level of the PMAC, it is important to consider the role of the initiative Covenant of Mayors for Climate and Energy [The Covenant of Mayors for Climate and Energy is a political movement directed exclusively by mayors. It is, therefore, an initiative, launched in 2015, by the European Commission, and which resulted from the merger of the previous initiatives ‘Covenant of Mayors’ and ‘Mayors Adapt’ promoted by the European Union. ADENE – Agency for Energy was appointed as the National Coordinator of the Covenant of Mayors for Climate and Energy of the European Union in Portugal, being that, in Europe, the Covenant of Mayors is directed by a Political Council constituted by mayors and local leaders, whose members meet regularly and are invited to debates with leaders of European institutions on how to promote local actions of energy and climate.].

Others

• Regulation (EU) 2024/1244 of the European Parliament and of the Council, of April 24, 2024, on the communication of environmental data from industrial installations, the creation of an Industrial Emissions Portal, and repeal of Regulation (EC) No. 166/2006. (Regulation (EU) 2024/1244 promotes transparency, public participation and prevention of industrial pollution, providing accessible and updated information on emissions and environmental impacts of industrial installations in the European Union, establishing rules for the collection and communication of environmental data from industrial installations, as well as the creation of an Industrial Emissions Portal. The data communicated by the operators of the industrial installations are transmitted by the Member States to the Commission, which makes them publicly available on the Portal. The regulation also provides for the participation of the public in the future development of the Portal, thus ensuring transparency and community involvement in environmental management. On the other hand, Regulation (EC) No. 166/2006 is repealed, with effects from January 1, 2028, from this date Regulation (EU) 2024/1244 is in force.).

• Regulation (EU) 2024/1157 of the European Parliament and of the Council, of April 11, 2024, on waste transfers and amending Regulations (EU) No. 1257/2013 and (EU) 2020/1056. Repeals Regulation (EC) No. 1013/2006. [Regulation (EU) 2024/1157 defines measures to protect the environment and human health and to contribute to climate neutrality and the achievement of a circular and zero pollution economy, preventing or reducing the adverse effects that may result from waste transfers and their treatment at their destination. It establishes procedures and control regimes related to waste transfers, according to the origin, destination and itinerary of these transfers, the type of waste and the type of treatment to be applied to the waste at its destination. This regulation applies: a) To waste transfers between Member States, whether they transit or do not transit through third countries; b) To transfers of waste imported into the Union from third countries; c) To transfers of waste exported from the Union to third countries; d) To transfers of waste in transit through the Union destined to third countries or coming from them. On the other hand, Regulation (EC) No. 1013/2006 is repealed, with effects from May 20, 2024. However, the provisions of Regulation (EC) No. 1013/2006 continue to apply until May 21, 2026 except: i) Article 30, which ceases to be applicable from May 20, 2024; ii) Article 37 continues to apply until May 21, 2027; iii) Article 51 continues to apply until December 31, 2025. Regulation (EU) 2024/1157 is applicable from May 21, 2026. However, in relation to the following provisions, the following application dates apply: i) Article 83, points 4), 5) and 6), from August 20, 2020; ii) Article 2, No. 2, point i), Article 7, No. 10, Article 11, No. 5, Article 14, No. 3, Article 15, No. 6, Article 18, No. 15, Article 27, Nos. 2 and 5, Article 29, Nos. 3) and 6, Article 31, Articles 41 to 43, Article 45, Article 51, No. 7, Article 61, No. 7, Article 66, Articles 79 to 82 and Article 83, points 1) to 3), from May 20, 2024; iii) Article 39, No. 1, point d), from November 21, 2026; iv) Article 38, No. 2, point b), Article 40, Article 44, No. 2, point a), and Articles 46 and 47 from May 21, 2027, except for Article 40, No. 3, point b), which is applicable from May 21, 2026; v) Article 73 from January 1, 2026.].

• Decree-Law No. 24/2024, of March 26, which amends the regimes of waste management, waste deposition in landfill and management of specific waste streams subject to the principle of extended producer responsibility.

The diploma in question, proceeds to the amendment of the General Regime of Waste Management (RGGR) and the Legal Regime of Waste Deposition in Landfill (RJDRA), approved in annex to Decree-Law No. 102-D/2020, of December 10, and also to the amendment of Decree-Law No. 152-D/2017, of December 11, which unified the regime of management of specific waste streams subject to the principle of extended producer responsibility (the Unified Regime of Specific Flows). The diploma also aims to complete the transposition of Directive (EU) 2018/851 of the European Parliament and of the Council, of May 30, 2018, which amends Directive 2008/98/EC on waste, the Waste Framework Directive. Furthermore, given the recent publication of a new generation of Strategic Plans for the waste sector (National Waste Management Plan, Strategic Plan for Urban Waste and Strategic Plan for Non-Urban Waste), it became necessary to make updates to the RGGR, in order to ensure the compatibility of waste management standards with the objectives and measures advocated in those documents.

• Council of Ministers Resolution No. 127/2023, of 18/10 – Approves the Strategic Plan for Non-Urban Waste [PERNU 2030].

• Council of Ministers Resolution No. 30/2023, of March 24.

• Council of Ministers Resolution No. 30/2023, of 24/03 – Approves the Strategic Plan for Urban Waste 2030 [PERSU 20123].

• Regulation (EU) 2024/573 of the European Parliament and of the Council, of February 7, 2024, on fluorinated greenhouse gases, which amends Directive (EU) 2019/1937 and repeals Regulation (EU) No. 517/2014.

• Regulation (EU) 2024/590 of the European Parliament and of the Council, of February 7, 2024, on substances that deplete the ozone layer, and repeals Regulation (EC) No. 1005/200.

• European Landscape Convention (CEP), signed in Florence in 2000, ratified by Decree No. 4/2005, of February 14, amended by the Amendment Protocol to the European Convention, and approved by Decree No. 24/2019, of October 3.

• Council of Ministers Resolution No. 45/2015, of July 4 – Approved the National Policy of Architecture and Landscape, fulfilling international commitments assumed by Portugal in the framework of the valorization of architecture, landscape and cultural heritage and aiming to promote the quality and knowledge of the natural and built environment as a strategic factor in promoting the well-being and quality of life of citizens and their participation in public space. The importance of the quality of architecture and landscape for the sustainable and harmonious development of the country and for the well-being of citizens is recognized in article 66 of the Constitution of the Portuguese Republic.

Environmental Offenses

• Law No. 50/2006, of 29/08 in its current wording – Framework law for environmental offenses.

• Law No. 25/2019, of 26/03 – Fourth amendment to the framework law for environmental offenses, enshrining the principle of no prior warning of inspection and supervision actions.

• DL No. 42-A/2016, of 12/08 – Creates the Environmental Fund, establishing the rules for its allocation, management, monitoring and execution and extinguishes the Portuguese Carbon Fund, the Environmental Intervention Fund, the Water Resources Protection Fund and the Fund for the Conservation of Nature and Biodiversity.

• DL No. 433/82, of 27/10, amended by DL No. 356/89, of October 17, by DL No. 244/95, of September 14, by DL No. 323/2001, of December 17 and by Law No. 109/2001, of December 24.

• Decree-Law No. 235/2000, of September 26 – Establishes the regime of offenses in the field of marine pollution in maritime spaces under national jurisdiction.

• DL No. 254/2007, of July 12 – Established the regime for the prevention of serious accidents involving dangerous substances, assigning a set of obligations to the operators of the establishments covered. Among the various instruments that underlie it, with a view to protecting human health and the environment, the application of planning and territory management instruments is mentioned.

An environmental offense constitutes any illicit and reprehensible fact that fulfills a legal type corresponding to the violation of legal and regulatory provisions relating to the environment that enshrine rights or impose duties, for which a fine is imposed. Offenses are punishable for intent or negligence.

The determination of the fine and accessory sanctions is made according to the severity of the offense, the fault of the agent, their economic situation, and the benefits obtained from the practice of the fact. In determining the applicable sanction, the agent’s previous and subsequent conduct and prevention requirements are also taken into account. To determine the applicable fine and taking into account the relevance of the violated rights and interests, offenses are classified as minor, serious, and very serious.

Each classification level of offense severity corresponds to a variable fine depending on whether it is applied to an individual or collective person and depending on the degree of fault. The following fines correspond to minor offenses: a) If committed by individuals, from € 200 to € 2,000 in case of negligence and from € 400 to € 4,000 in case of intent; b) If committed by collective persons, from € 2,000 to € 18,000 in case of negligence and from € 6,000 to €3 6,000 in case of intent. The following fines correspond to serious offenses: a) If committed by individuals, from € 2,000 to € 20,000 in case of negligence and from € 4,000 to € 40,000 in case of intent; b) If committed by collective persons, from € 12,000 to € 72,000 in case of negligence and from € 36,000 to € 216,000 in case of intent. The following fines correspond to very serious offenses: a) If committed by individuals, from € 10,000 to € 100,000 in case of negligence and from € 20,000 to € 200,000 in case of intent; b) If committed by collective persons, from € 24,000 to € 144,000 in case of negligence and from € 240,000 to € 5,000,000 in case of intent. It is important to note that the fine framework for very serious offenses provided for in points a) and b) of No. 4 of Article 22 of Law No. 50/2006, of 29/08, is doubled in its minimum and maximum limits when the presence or emission of one or more dangerous substances seriously affects health, the safety of people and property, and the environment.