Insights

INDUSTRIAL EMISSIONS REGIME

04/09/2013

In the environmental policy framework of the European Union (EU), specifically, in what concerns to the field of air pollution, soil protection and waste prevention and recycling, it was published the Directive no. 2010/75/UE, of the European Parliament and of the Council, on the 24 November of 2010, regarding the industrial emissions, which can be found on the above link. 

In order to transpose the EU Directive for the Portuguese legal system, it was published the Decree-Law no. 127/2013, of 30 August, which establishes the regime of industrial emissions applicable to the prevention and to the integrated control of pollution, as well as rules intended to prevent and/or reduce the emissions to air, water and soil and the production of waste.

The following innovations are introduced by the new law: 

  • a) Standardization of ways of control of emissions by a new legal framework that aggregates in a single legal diploma several regimes (e.g. the integrated prevention and control of pollution from certain activities, limitation of emissions of certain pollutants into the air proceeding from large combustion plants, incineration and incinerate waste); 
  • b) Intervention of accredited entities in the guarantee of good instruction of licensing procedures or authorization, allowing a significant reduction of deadlines; 
  • c) Stimulation of a favorable environment to the investment and to the sustainable development, based on a model with quick and transparent procedures, enabling the licensing or authorization in the field of environment and promoting a greater responsibility by the economic operators; 
  • d) Issue of a single license that incorporates the exploration conditions of the facilities in several environmental fields; 
  • e) Obligation of reporting the information needed to determine the status of contamination of the soil and of the groundwater, along with the application for a licensing or authorization, in order to establish a quantitative comparison with the condition of the site after the definitive cessation of activities; 
  • f) Incorporation of the guidelines for egovernment; 

Finally, it should be stated that the decree entered into force on the 31 of August of 2013, although the provisions regarding monitoring, reporting and compliance of the limit values for emission of pollutants have retroactive effects to 7 of January of 2013.

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