Public law newsletter

This legislation establishes the legal framework of industrial emissions applicable to integrated pollution prevention and control, as well as the rules designed to avoid or reduce emissions in air, water and soil and the production of residues, transposing Directive 2010/75/EU of the European Parliament and the Council of 24th November 2010 on industrial emissions (integrated pollution prevention and control).
The Directive 2010/75/EU of the European Parliament and the Council of 24th November 2010 acknowledges the need for a legal framework designed to protect the environment as a whole, thus overcoming the problems caused by the fact that there are different methods of controlling emissions into the air, water and soils.
Decree-Law No. 127/2013 of 30th August, which transposes this directive, seeks to promote a situation which, in addition to the increasing of the investment and sustainable development – by introducing typically fast procedures and making environment-relating licensing and granting of permits easier – also encourages all parties to adopt methods to enhance accountability.
This legislation also aims for the issuing of a single licence incorporating the facilities’ operating conditions concerning different environmental areas. Considering that the rules regarding licensing are related with other rules (e.g. Sistema de Indústria Responsável), this Decree-Law sought to safeguard the harmonisation of the different procedures.
In connection with the application for a licence or permit, it is established the obligation to provide information enabling a quantitative comparison regarding the situation of the site between a time prior to the beginning of the activities and after the complete cessation of those activities.
Finally, this Decree-Law also sets out guidelines concerning e-government and seeks to contribute towards good practices when it comes to the relation between economic players and the Public Administration.