On the 20th of December 1994 is published Directive 94/62/CE regarding Packaging and Packaging Waste. This Directive defines ways to minimize packaging waste: prevention, re-use, and recycling.

Decreto-lei 366-A/97, of December 20, rectified by Decreto-lei 162/2000, of July 27 and by Portaria 29-B/98, of January 15, transpose to the Portuguese juridical system Directive 94/62/CE, of the European Parliament and Council, and establish the principles and rules applicable to packaging and packaging waste management. Those principles and rules aim to prevent waste production, foment the re-use of used packaging, recycling and other forms of packaging waste valuation, and reduce their final elimination. Therefore, tries to guarantee the good functioning of the internal market, by eliminating commerce obstacles, restrictions and distortion, and trying to establish a healthy community concurrence.
Economic operators may, within the integrated system context, pass on their responsibilities of managing packaging waste, to an entity duly licensed to perform that task.

Decreto-lei 366-A/97, rectified by Decreto-lei 162/2000 is applicable to all packaging in the market, used or produced in homes, industry, agriculture or commerce, including offices, stores and services.

The objectives for packaging waste valuation and recycling, determined by Decreto-lei 366-A/97, rectified by Decreto-lei 162/2000, are:

a) Until the 31st of December 2001 must be valued a minimum weight of 25% of packaging waste. It is, however, recommended to obtain the values indicated in next paragraph, before the referred date;

b) Until the 31st of December 2005, from the total of packaging materials included in packaging waste, must be valued a minimum weight of 50% and recycled a minimum weight of 25%, considering an minimum of 15% for each packaging material;

c) After the date referred on previous paragraph, will be applied other valuation and recycling objectives, established by a united Portaria from the Economy and Environment Ministries, under Commission’s proposal referred on its article 25.

INDUSTRIAL WASTE

On the 27th of July 2000 was published Decreto-lei 162/2000 to introduce alterations on Decreto-lei 366-A/97 of December 20, in order to enlighten the responsibilities of the several economic operators on what concerns industrial packaging waste management, and to create the possibility to extend Sociedade Ponto Verde’ responsibilities also to that management.

According to national legislation (Decreto-lei 239/97) the industrial waste’s final destiny is responsibility of whoever produces it, as well as the costs with their management.
The producer is responsible for managing its total waste, including the one from packaging.

The producer may, however, contract a collector company, duly licensed and authorized, to collect and select its waste, from packaging also.

Sociedade Ponto Verde has a License, necessary to establish contracts with companies that commercialize products in industrial and agricultural packaging. Through this contract Packer/Importer, companies may pass on, to Sociedade Ponto Verde, the responsibility of managing the waste they produce.