BASEL CONVENTION 2002 COUNTRY FACT SHEET 2009 PORTUGAL STATUS

 BAU UND VERKEHRSDEPARTEMENT DES KANTONS BASELSTADT  FACTSHEET
ERZIEHUNGSDEPARTEMENT DES KANTONS BASELSTADT VOLKSSCHULEN  AN DIE
0 ILOIMOBC WG 27 IMO BASEL CONVENTION

ISTITUTO COMPRENSIVO STATALE “G PONTI” TREBASELEGHE SCUOLE
JUSTIZ– UND SICHERHEITSDEPARTEMENT DES KANTONS BASELSTADT HANDELSREGISTERAMT HANDELSREGISTERANMELDUNG
OUTLINE FIRST PRINCIPLES BASELINE REVIEW DEPARTMENT

MEMORANDUM




Basel Convention 2002
Country Fact Sheet 2009

Portugal



Status of Ratifications:


Party to the Basel Convention:

26.01.1994 (r)

Amendment to the Basel Convention:

30.10.2000

Basel protocol on Liability and Compensation:

-

(Accession (a); Acceptance (A); Approval (AA); Formal confirmation (c); Ratification; Succession (d))



Competent Authority



Focal Point


Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional Agência Portuguesa do Ambiente
Rua da Murgueira, 9/9A - Zambujal Ap. 7585
2611-865 Amadora
Portugal
phone: (351 21) 472 82 00
fax: (351 21) 471 90 74
(Competent Authority for import/export/transit)

Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional Agência Portuguesa do Ambiente
Rua da Murgueira, 9/9A - Zambujal Ap. 7585
2611-865 Amadora
Portugal
phone: (351 21) 472 82 00
fax: (351 21) 471 90 74
(Competent Authority for import/export/transit)


National Definition

National definition of waste used for the purpose of transboundary movements of waste exists in Portugal.

According to the Waste act (Decree-Law 178/2006 of 5 of September of 2006) waste is any substance or object that the holder discards or intends to or is required to discard, in accordance with Council Directive 2006/12/EC of 5 April of 2006, entering into force on 27 of Aril of 2006.


National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Portugal.

According to the Waste act (Decree-Law 178/2006 of 5 of September of 2006) hazardous waste means waste which exhibits characteristics which can be harmful to health or environment in accordance with Council Directive 91/689/EEC of 12 December of 1991, on hazardous waste and the European Union List of Waste.


Portugal regulates/controls additional wastes as hazardous that are not included in Art. 1 (1)a of the Basel Convention and would be controlled for the purpose of transboundary movements pursuant to Art. 1 (1)b.

The wastes subject to control procedure are defined by the Regulation (EC) No 1013/2006 of the European Parliament and the Council of 14 June 2006 on shipments of waste.


The Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, entered to force in 12 July 2007. This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.


Decree-Law No 45/2008 of 11 of March ensure the implementation and application of obligations Regulation (EC) No 1013/2006 of the European Parliament and the Council of June 14, in portuguese territory.


Portugal requires special consideration for the following waste(s) when subjected to transboundary movement:

Wastes that are not listed in Regulation (EC) No 1013/2006 of the European Parliament and the Council are subject to control procedures when subjected to transboundary movement.


Restrictions on Transboundary Movement

Amendment to the Basel Convention

The amendment to the Basel Convention (Decision III/1) has been implemented in Portugal.

Council Regulation (EC) No 120/97 amending Regulation (EEC) No 259/93 implements the amendment to the Basel Convention (Decision III/1) and subsequently by Regulation (EC) No 1013/2006.

Portugal ratified Decision III/1 on 30 November 2000 (notice nº 229/99, from 7 December of 1999)



Restrictions on export for final disposal

Portugal restricts the export of hazardous wastes and other wastes for final disposal.


Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


The export of waste (hazardous and non hazardous) for final disposal outside the European Community is prohibited, except those EFTA countries that are also parties of Basel Convention.



Restrictions on export for recovery

Portugal restricts the export of hazardous wastes and other wastes for recovery.


Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


The Regulation (EC) No 1013/2006 prohibited exports from the Community of the following wastes destined for recovery in countries to which the OECD Decision does not apply: wastes listed as hazardous in Annex V; wastes listed in Annex V, Part 3; hazardous wastes not classified under one single entry in Annex V; mixtures of hazardous wastes and mixtures of hazardous wastes with non-hazardous wastes not classified under one single entry in Annex V; wastes that the country of destination has notified to be hazardous under Article 3 of the Basel Convention; wastes the import of which has been prohibited by the country of destination; or wastes which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned.



Restrictions on import for final disposal

Portugal restricts the import of hazardous wastes and other wastes for final disposal. Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.




It is prohibited to import wastes for final disposal from non-Parties to the Basel Convention, except from countries which bilateral agreements exist.



Restrictions on import for recovery

Portugal restricts the import of hazardous wastes and other wastes for recovery.


Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


It is prohibited to import wastes for recovery from non-Parties to the Basel Convention, except from OECD countries and countries which bilateral agreements exist.



Restrictions on transit

Portugal restricts the transit of hazardous wastes and other wastes.


Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


The transit must be notified and can be objected.




Reduction and/or Elimination of Hazardous Waste Generation


National strategies/policies

According to article 13 of the national framework law on waste management, Decree-Law No 178/2006, of 5 September 2006, the implementation of the “National Plan on Waste Management” should be supported by sector-based plans. In this context, the following plans have been prepared, approved and has been implemented:

- Strategic Plan on Municipal Solid Waste, concerning the period 2007 – 2016, approved by the Government and published in February 2007 (Portaria n.º 187/2007);

- Strategic Plan on Industrial Waste, concerning the period 2000-2020, published in December 1999; its revision was published in April 2002;

- National Plan on Industrial Waste Prevention, approved in September 2000, concerning the period 2000 – 2015.


All the Strategic Plans referred above set the principle of environmental sound management of waste and take the hierarchy of waste management priorities into account, aiming at the prevention, recycling, recovery and safe disposal of waste. The plans put a strong emphasis on waste minimization and on information and education campaigns.

The revised Strategic Plan on Industrial Waste stresses, namely, the inventory of wastes and the most appropriate treatment for each industrial waste, from the environment and public health point of view. It also focuses on of the consolidation of the prevention strategy as approved in National Plan on Industrial Waste Prevention; including the objective of Portuguese self-sufficiency in managing hazardous waste though the construction of integrated recovery an disposed centres [CIRVER) and co-incineration in cement kilns.



Legislation, regulations and guidelines

The Waste Act (Decree-Law No 178/2006 of 5 September 2006) introduces the general obligation to prevent waste generation and to reduce its quantity and hazard potential. There is also specific legislation regarding the environmental sound management of special waste flows.

In order to accomplish the rules that were established in the national framework and specific laws on waste management, the producer responsibility principle is being implemented by the creation of integrated management systems for special waste flows, ensuring the proper intervention of the stakeholders which are involved during the life cycle of the product.



Economic instruments/ initiatives

- Waste management levy;

-The European Union Funds, such as LIFE program



Measures taken by industries/waste generators

- Voluntary agreement with several industry sectors on environmental improvement, namely on waste management;

- Constitution of entities responsible for the integrated management of special waste flows, as indicated in 5(ii);

- Several enterprises adopted their own management systems, in accordance with ISO 14001 and the European Community Eco-Management and Audit Scheme (EMAS) and Ecolabel.



Others




Transboundary Movement Reduction Measures

National strategies/policies


The Strategies referred to in 5(i) take the principles of proximity and self-sufficiency at national level into account.

Great effort has been given to the enforcement of the general and specific legislation and to the application of the waste management strategic plans, namely by the construction of new waste management facilities in the country as well as an evaluation and retrofitting of existing units as appropriate. This was done namely for municipal solid waste, clinical waste, hazardous wastes, wastes from electric and electronic equipment, metals, solvents, oils, waste containing precious metals, tyres, plastics, glass and paper and cardboard.

Regarding special waste flows, several integrated management systems are in operation, as described in 5(ii).

As two Centers for Integrated Recovery and Disposal of Hazardous Wastes – were opened in 2008 and legal provisions encouraging hazardous waste treatment by co-incineration in cement kilns exists, this brought Portugal to meeting the long overdue objective of self-sufficiency in hazardous waste. Portugal proceeded to object shipments of waste destined to disposal in others countries under subparagraph a) of paragraph 1 of Article 11. of Regulation (EC) No 1013 / 2006 - "The principle of self-sufficiency" as called for in Article 5. of Directive 2006/12/EC of 5 April, and as reflected in national legislation through Article 4. Decree-Law No. 178 / 2006, September 5.



Legislation, regulations and guidelines

Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


Regulation (EC) No 1013/2006 of the European Parliament and the Council entered into to force in 12 July 2007.


Decree-Law No 3/2004of 3 of January 2004 establishes the legal regime for licensing Centers for Integrated Recovery and Disposal Hazardous Wastes (CIRVER).


Ordinance No.172/2009 of 17 February of 2009 establishes procedures to be adopted in the classification, characterization, transportation, treatment and recovery operations and disposal of waste to be carried out in CIRVER, giving compliance with the provisions of paragraph 1 of Article 22.º of Decree-Law No 178/2006 of 5 September.



Economic instruments/ initiatives

European Union Funds, such POVT, PRIME and POA



Measures taken by industries/waste generators




Others




Disposal/

Recovery Facilities

Disposal facilities

  • No facilities available



Recovery/recycling/re-use facilities

  • No facilities available




Bilateral, Multilateral or Regional Agreements

  • Multilateral; OECD Countries; 14 June 2001 -; OECD Council Decision C(2001)107 FINAL of 14 June 2001 concerning the revision of OECD Council Decision C(92)39/FINAL of 30 March 1992 on the control of transboundary movement of wastes destined for recovery operations.




Technical Assistance and Training Available

  • Agência Portuguesa do Ambiente (*)

  • Inspecção-Geral do Ambiente e do Ordenamento do Território (IGAOT), Rua de “O Século”, 51, 1200-433 Lisbon

  • Serviço de Protecção da Natureza e do Ambiente (SEPNA), Largo do Carmo, 1200-092 Lisbon

  • Direcção-Geral das Alfândegas e dos Impostos Especiais sobre o Consumo, Rua da Alfândega, n.º 5 – r/c, 1149-006 Lisbon

  • Instituto Nacional de Engenharia, Tecnologia e Inovação, Estrada do Paço do Lumiar 22, 1649-038 Lisbon




Data on the Generation and Transboundary Movements of Hazardous Wastes and Other wastes in 2009 (as reported)

Quantities

(in metric tons)

Generation

Amount of hazardous wastes generated under Art. 1(1)a (Annex I: Y1-Y45) of BC

730170

Amount of hazardous wastes generated under Art. 1(1)b of BC

741909

Total amount of hazardous wastes generated


Amount of other wastes generated (Annex II: Y46-Y47)

5185035

Export

Amount of hazardous wastes exported

61365

Amount of other wastes exported


Import

Amount of hazardous wastes imported

1182

Amount of other wastes imported




10 PERCENT BASELINE REDUCTION ISSUE NONLVC SUBMISSIONS TO THE
1256 EITHER CAT PERCUTANEOUS CORONARY INTERVENTION EFFECT OF BASELINE
20TH ANNIVERSARY OF THE ADOPTION OF THE BASEL CONVENTION


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