Newsletters
1. CONTEXT
On 1 March 2023, the changes introduced by Decree-Law 11/2023, published on 10 February 2023, came into force. This decree foresees the streamlining of the environmental licensing process through a “zero licensing” approach.
Known as the "environmental simplex", this decree-law came into force on 11 February 2023, but only became effective on 1 March 2023, with the exception of some provisions that will only take effect on 1 January 2024 (such as the single environmental report and the amendments to the Administrative Procedure Code).
The purpose of the process reform was to remove "unnecessary or redundant licences, authorisations, acts and procedures" and to streamline the companies' operations, without affecting compliance with environmental protection rules.
In this document, we outline some of the legislative changes introduced by the aforementioned diploma, which shall apply to the ongoing administrative procedures.
2. ENVIRONMENTAL IMPACT ASSESSMENT
First of all, we highlight the changes relating to environmental impact assessments (EIA):
- The number of cases requiring EIA procedures in situations where such procedures are contingent on a case-by-case analysis by the competent authorities has been reduced;
- The cases in which EIA is mandatory are reduced, and a case-by-case analysis shall apply;
- No need to duplicate mandatory EIA procedures and a case-by-case analysis.
3. SINGLE ENVIRONMENTAL REPORT
A single environmental report (reporte ambiental único (RAU)) was created to streamline and simplify reporting obligations. Such report must be submitted to the SILiAmb platform.
By reusing the data contained in all reports, there is no need to reenter the information already uploaded.
4. CERTIFICATION OF TACIT APPROVAL.
A procedure for the certification of tacit approval has been created. Interested parties may request the administrative authorities to issue a document attesting the tacit approval and, consequently, obtain a license, permit or other relevant document for which there has been no response from the competent authorities.
5. REGIME APPLICABLE TO THE USE OF WATER RESOURCES
From now on, there will be a single title for the use of water resources when the same operator and establishment is involved, even if several requests for authorisation or licence are submitted at the same time.
In addition, the provisions applicable to the transfer of the title of use are revoked, and the regime for transfer is now only included in the Water Act (Lei da Água). Therefore, the transfer of private water resources is only subject to a simple 10-day prior notice. The transfer of public domain water resources is subject to authorization being obtained from the authority responsible for its issue. This last case shall also apply to the transfer of majority shareholdings in the company holding the title, under the terms of the Portuguese Securities Code (Código dos Valores Mobiliários).
6. PRODUCTION AND USE OF WATER FOR REUSE PURPOSES
In addition, the procedure for the production and use of water obtained from wastewater treatment for reuse purposes has been simplified
From now on, it will no longer be necessary, in certain cases, to issue a licence for the production and use of water for reuse purposes ("ApR" in the Portuguese acronym), and it will be subject to prior notice. One of the examples to be noted is the use of ApR produced in centralised systems, in cases where a production licence has been issued, and which is intended for the production of energy, namely hydrogen.
7. INDUSTRIAL EMISSIONS REGIME
Decree-Law 127/2013, of 30 August, which approved the industrial emissions regime, has also been amended. The obligation to renew the Environmental Permit after 10 years has been removed.
Following the same logic of avoiding duplication, Decree-Law 39/2018, of 11 June, has also been amended. It is no longer compulsory to obtain an air emissions permit (TEAR in the Portuguese acronym) in cases where an Environmental Permit has already been obtained through the industrial emissions regime.
8. WASTE MANAGEMENT REGIME
Until 1 January 2024, hazardous waste producers with a production exceeding 1000t per year must submit to the Agência Nacional de Resíduos (National Waste Management Agency)a six-year waste reducing plan. The minimum production was thus increased from 100t to 1000t, thereby cutting down the number of hazardous waste producers subject to this obligation.