Single-Use Plastics: Portugal issues a notification pursuant to Directive (EU) 2015/1535

Portugal initiates the transposition process of the SUP Directive.

Portugal has recently notified the European Commission through the 2015/1535 notification procedure of the decree-law which aims to transpose into national law Directive (EU) 2019/904 of the European Parliament and of the Council of 5th June 2019 on the reduction of the impact of certain plastic products on the environment (SUP Directive).

The draft decree-law is also the first amendment to Law No. 77/2019 of 2nd September which lays down the obligation to make available to consumers alternatives to the distribution of ultralight plastic bags and plastic cuvettes at the points of sale of bread, fruit and vegetables and also repeals Law No. 76/2019 of 2nd September (regarding single-use plastic tableware prohibition in restaurants and drinking establishments) with some of its articles being included in the draft, so that the wording is consistent with what is recommended in the SUP Directive.

The notification was received on 16.03.2021, and the respective standstill period will end on 17.06.2021. For the duration of the standstill period, the Portuguese Government cannot adopt the decree-law in question, thus enabling the European Commission and other Member States to examine the proposed draft and to respond appropriately, namely if the draft is found to create barriers to the free movement of goods or to the free provision of Information Society services or to EU secondary legislation.

It follows from the analysis of the proposed draft that the referred bill will be submitted to public consultation in Portugal, through which the relevant stakeholders will be able to contribute with their comments.