Law No 19/2014, of 14 April
Law No 19/2014, of 14 April lays down the environmental policy bases, which came into force on 19 April. This law repeals Law No 11/87, of 7 April (amended only twice by Decree-Law No 224-A/96, of 26 November and by Law No 13/2002, of 19 February). To begin with, this law significantly simplifies the Basic Law of Environment, reducing the number of articles to less than half of the articles in the law previously in force. The law begins by pointing out the objectives of the environmental policy – seeking the effectiveness of the environmental rights through the promotion of sustainable development –, stating that it is for the State to implement the environmental policy. With regard to material environmental principles, some are retained, namely the principle of liability and of recovery; reference to other principles has been deleted (v.g. of international cooperation); and provision is made for new principles, such as the principle of sustainable development or of the polluter-pays or user-pays principles. Environment-related rights are also established: procedural, on the one hand (right of participation and right of access to information); and process-related, on the other hand (right of action and right to bring about the cessation of activities that violate environmental assets, as well as to receive compensation for damage caused by third parties). Environmental duties are also autonomously focused (Article 8), with the provision that environmental law is inextricably linked to the duty to protect, preserve and respect it and that there must be an abiding concern regarding future generations. The division between environmental natural components (air, water, sea, biodiversity, soil, sub-soil and landscape) and components associated with human behaviour (climate change, residues, noise and chemical elements and products) is maintained. Accordingly the various components are ordered in a new form, correcting certain criticisms made to the previous Basic Law of Environment, such as the inclusion of landscape in the natural environmental components rather than the same being associated with human behaviours. Finally, we find environmental policy instruments, which are instruments of environmental information, planning, economic and financial, evaluation, licensing, environmental performance and control, supervision and inspection, and others that may be set out in dispersed legislation.WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 3/9 II GENERAL BASIS OF THE SOIL, LAND USE PLANNING AND CONSTRUCTION PUBLIC POLICIES Law No 31/2014, of May 30 Law No 31/2014, of 30 May sets out the general basis of the soil, land use planning and construction public policies. This Law groups a number of matters that should justifiably be governed, for reasons of coherence and consistency, thus repealing: a) Law No 48/98, of 11 August, setting out the basis for spatial planning and town planning policy; b) Decree-Law No 794/76, of 5 November, adopting the soil policy; c) Decree-Law No 181/70, of 28 April, according to which prior public notice and the hearing of the interested parties was required for the creation of State easements, whenever the same was subject to the performance of an act of the Administration; d) Decree-Law No 152/82, of 3 May, enabling the creation of priority urban development and priority building areas. One of the main concerns of this Law was bringing together within the Municipal Master Plan, all rules binding on private persons, with the content of the special spatial development plans in force being transcribed in the said Municipal Master Plan (or the Inter-municipal Master Plan) applicable to the area falling within the scope of the special plans, within no more than 3 years from the coming into force of this law. Provision is also made for the option for municipalities to promote, within the scope of their land management competences, the enforced sale, if the owners fail to discharge the burdens and comply with the duties arising from an operation of regeneration provided for in inter-municipal or municipal territorial plans or of urban regeneration, or the enforced lease, where the buildings or units thereof are the subject of regeneration. Finally, by way of example, we focus the provision for an exceptional procedure for the regularisation of construction operations carried out without the prior control to which they were subject, as well as for the conclusion of unfinished construction operations or those abandoned by the sponsors. This law came into force on 29 June.WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 4/9 III NATIONAL LEGISLATION Energy and Water Sector Decree of the Ministry of Environment, Spatial Planning and Energy No 4694/2014, of 1 April Laying down the main lines of the procedures to be followed in the calculation of the revisibility provided for in Decree-Law No 240/2004 of 27 December, relating to the participation of plants with CMEC on the secondary regulation band market as well as the principles of formation of secondary regulation band prices received by hydroelectric power plants that participated in the system service market, taking as reference the Spanish system service market. Decree-Law No 54/2014, of 9 April Approving the organic structure of the General Secretariat of the Ministry of Environment, Spatial Planning and Energy. Decree-Law No 55/2014, of 9 April Establishing the Energy Sector Systematic Sustainability Fund. Resolution of ERSAR No 928/2014, of 15 April Adopting the Tariff Regulation for urban waste management service. ERSE Directive No 9/2014, of 15 April Change of Procedure No 13 of the Manual of Procedures for the Global Management of the Electric Sector System. Decree of the Ministries of Economy, and of Environment, Spatial Planning and Energy No 5616/2014, of 28 April Approving the table of financial values referred to in Clause 6(1) of the Amb3 licence for 2014. Ordinance of the Ministries of Finance and Foreign Affairs No 295/2014, of 5 May Extension of charges relating to the contracting of electricity. Decree-Law No 67/2014, of 7 May Enacting the legal framework of the management of waste electric and electronic equipment, transposing Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012.WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 5/9 Decree-Law No 87/2014, of 29 May Laying down the legal framework applicable to the operation of service areas and to the licensing for the setting up of fuel stations. Decree-Law No 90/2014, of 11 June Amending for the third time Decree-Law No 39/2010, of 26 April, setting out the legal framework of electric mobility, applicable to the organisation, taking up and pursuit of the activities related to electric mobility, as well as the rules intended for the establishment of an electric mobility pilot network. Law No 34/2014, of 19 June Amending for the second time Law No 54/2005, of 15 November, on the ownership of water resources. Decree-Law No 94/2014, of 24 June Setting out the provisions applicable to additional power and on over-equipment energy produced by hydroelectric power plants whose electricity is remunerated under a guaranteed remuneration scheme. Decree-Law No 96/2014, of 25 June Setting out the legal framework of the granting of the operation and management, as public service, of multi-municipal systems of selective collection and treatment of urban waste, to organisations controlled or partially controlled by the State. Ordinance of the Ministry of Environment, Spatial Planning and Energy No 127/2014, of 25 June Amending for the third time Decree-Law No 39/2010, of 26 April, setting out the legal framework of electric mobility, applicable to the organisation, taking up and pursuing of the activities relating to electric mobility, as well as the rules intended for the creation of a pilot electric mobility network. Resolution of the Council of Ministers No 41/2014, of 27 June Determining the partial suspension of the Municipal Master Plans of Boticas, Cabeceiras de Basto, Chaves, Ribeira de Pena and Vila Pouca de Aguiar, in the area intended for the setting up of the Tamega Electrical Production System, and establishing the corresponding preventive measures.WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 6/9 Town planning Decree-Law No 53/2014, of 8 April Setting out an exceptional and temporary scheme applicable to the regeneration of buildings or units, the construction of which was concluded at least 30 years ago or located in urban regeneration areas, whenever they are earmarked or are intended to be earmarked for residential use, either in total or in part. Law No 31/2014, of 30 May Law of the general basis of the soil, land use planning and construction public policies. Public Contracts Decree of the Ministries of Economy and Finance No 5606-A/2014, of 24 April Establishing the percentage of operating income of ports included in port administrations that constitutes own income of the IMT, I. P. Council of Ministers, 19 June The Council of Ministers approved a legislative proposal authorising the Government to legislate on the legal framework of the operation and playing of “on-line” games. Environment Law No 17/2014, of 10 April Laying down the Basis of the Policies of the National Maritime Area Planning and Management. Law No 19/2014, of 14 April Setting out the environmental policy bases. Decree-Law No 85/2014, of 27 May Ensuring the implementation in the Portuguese legal system of the obligations arising from Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009, on substances that deplete the ozone layer. Ordinance of the Ministries of Finance, and of Environment, Spatial Planning and Energy and of Agriculture and Sea No 122/2014, of 16 June Governing the rules on the collection and payment of fees due to access and visit the areas included in the National Classified Areas System (SNAC).WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 7/9 Public Administration and Regulation Decree of the Ministries of Economy, and of Agriculture and Sea No 5801/2014, of 2 May Creating the Food Safety Commission, hereafter referred to as CSA (Comissão de Segurança Alimentar). Decree-Law No 72/2014, of 13 May Amending for the first time Decree-Law No 4/97, of 9 January, which created the Interministerial Administrative Modernisation Network. Decree-Law No 73/2014, of 13 May and Rectification Statement No 30/2014, of 23 June Adopting a set of streamlining and administrative modernisation measures, and amending for the first time Decree-Law No 4/97, of 9 January and for the third time Decree-Law No 135/99, of 22 April. Decree-Law No 77/2014 of 14 May and Rectification Statement No 31/2014, of 23 June Amending for the second time Decree-Law No 236/2012, of 31 October, which approved the organic structure of Instituto da Mobilidade e dos Transportes, I. P., implementing the restructuring provided for in Articles 3 and 4 of Law No 67/2013, of 28 August, which adopted the Framework Law of independent administrative entities regulating the economic activity of the private, public and cooperative sectors. Decree-Law No 78/2014, of 14 May Approving the by-laws of Autoridade da Mobilidade e dos Transportes, following Law No 67/2013, of 28 August, which approved the Framework Law of independent administrative entities regulating the economic activity of the private, public and cooperative sectors, and amending for the first time Decree-Law No 11/2014, of 22 January, enacting the Organic Law of the Ministry of Economy. Ordinance of the Presidency of the Council of Ministers and of the Ministry of the Internal Affairs No 102/2014, of 15 May Setting out the mandatory safety system applicable to shows and entertainment in authorised spaces in order to ensure that the same are carried out safely. Law No 35/2014, of 20 June General Law on Public Service Work. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 8/9 Decree-Law No 93/2014, of 23 June Amending for the first time Decree-Law No 248-B/2008, of 31 December, setting out the legal framework of sport federations and the conditions for the granting of the public sports utility status. Ordinance of the Ministries of Finance, and of Environment, Spatial Planning and Energy No 126/2014, of 25 June Establishing the proportion of partial replacement of the creation of safety reserves for operators bound to this obligation and the limit of own reserves to be held by the Entidade Nacional para o Mercado de Combustíveis, E. P. E. Ordinance of the Ministry of Agriculture and Sea No 129/2014, of 25 June Amending for the fifth time the Regulation of the Support Scheme for a Pilot Project and for the Alteration of Fishing Vessels, approved by Ordinance No 723- A/2008, of 1 August. Law No 36/2014, of 26 June Legal framework of district assemblies. Law No 37/2014, of 26 May Setting out an alternative voluntary citizen authentication system in the portals and internet sites of the Public Administration called Chave Móvel Digital. I V COMMUNITARY LEGISLATION Commission Regulation (EU) No 431/2014 of 24 April 2014, amending Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics, as regards the implementation of annual statistics on energy consumption in households. Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014, on electronic invoicing in public procurement. Directive 2014/52/EU of the European Parliament and of the Council, of 16 April 2014, amending Directive 2011/92/EU, on the assessment of the effects of certain public and private projects on the environment. Communication from the Commission No 2014/C 136/03, of 6 May European Commission Guidance concerning baseline reports under Article 22(2) of Directive 2010/75/EU on industrial emissions.WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 9/9 Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014, on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast). Regulation (EU) No 660/2014 of the European Parliament and of the Council of 15 May 2014, amending Regulation (EC) No 1013/2006 on shipments of waste. Communication from the Commission No 2014/C 200/01, of 28 June Guidelines on State aid for environmental protection and energy 2014-2020. CONTACT CUATRECASAS, GONÇALVES PEREIRA & ASSOCIADOS, RL Sociedade de Advogados de Responsabilidade Limitada LISBOA Praça Marquês de Pombal, 2 (e 1-8º) I 1250-160 Lisboa I Portugal Tel. 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