Joining Novo Verde
Is the joining to Novo Verde mandatory?
Decree-Law no. 152-D / 2017, in its current wording, assigns responsibility for the packaging and packaging waste management, in which they are transformed after use, to the product producer, to the packer and to the service packaging supplier.
In this context, we find companies that directly import packaging products, sell or manufacture products packaging under their own brand in the national market, or are also suppliers of service packaging (packaging that are full at points of sale, such as: box bags, paper wrapping, take-away packaging, among others).
Thus, and with regard to non-reusable packaging, these companies may join Novo Verde, transferring this responsibility, or create their own management system, an option that requires the return of empty packaging to the company that placed the products on the market and their appropriate management. This last solution implies the Ministry of the Environment/Portuguese Environment Agency approval.
To join Novo Verde Integrated Management System, click on “Joining”.
What packaging are covered by Novo Verde system?
The target packaging comprises all primary, secondary and tertiary packaging from which urban waste results, that is, the packaging that is managed by the Urban Waste Management Systems and used in the domestic, commercial or service sectors.
|Sales or primary packaging||Includes any packaging created to constitute a sales unit for the final user or consumer in the point of purchase.|
|Grouped or secondary multipack packaging
||Includes any package created to constitute, in the point of purchase, a group of a certain number of sales units, either if they are sold as such to the user or final consumer; this type of packaging may be taken out of the product without affecting its characteristics.|
|Service packaging||Packaging destined to be filled in a point of sale for products accommodation and transport by the consumer.|
|Grouped or secondary non-multipack packaging||Any packaging designed to constitute, at the point of sale, a group of product units, only used as a means of replenishing the point of sale, and which can be removed from the product without affecting its characteristics.|
|Transport or tertiary packaging||Any packaging designed to facilitate the movement and transport of a series of sales units or grouped packaging, in order to avoid physical damage during movement and transport, with the exception of containers for road, rail, sea and air transport.|
What should I consider after joining Novo Verde?
After the joining process is completed, the packaging products packer / importer transfers the responsibility for the packaging waste recycling and recovery to Novo Verde, starting to declare annually the total weight of the non-reusable products packaging placed on the national market (annual declaration).
The financial fees to be paid to Novo Verde are calculated according to the quantity and type of packaging material placed on the national market.
In the context of exports, is it necessary to join Novo Verde?
The Extended Producer Responsibility must be assumed in the country where the packaging will produce waste, that is, in the country where it is placed on the market. In Portugal and for Novo Verde transferring responsibility purpose, only the packaging of products placed on the national market should be declared, ie exports are excluded.
Definitions and Responsibilities
What is the legal framework for packaging and packaging waste?
The legislation related to this matter can be found in the following documents:
Decree-Law no. 152-D / 2017, in its current wording – Transposes Directives no. 94/62/EC and no. 2004/12 / EC of the European Parliament and of the Council, relating to packaging and packaging waste.
What is the definition of packaging according to the legislation in force?
Based on paragraph r) of article 3 of Decree-Law no. 152-D / 2017, in its current wording, “Packaging” is defined as any product made of materials of any nature used to contain, protect, move, handle, deliver and present goods, both raw materials and processed products, from the producer to the user or consumer, including all disposable articles used for the same purposes, and taking into account the provisions of annex II to this Decree-Law, of which it is an integral part, in the following categories:
i) Sales packaging or primary packaging, comprising any packaging designed to constitute a sales unit for the end user or consumer at the point of purchase;
ii) Grouped packaging or secondary packaging, including any packaging designed to constitute, at the point of purchase, a group of a number of sales units, whether these are sold as such to the user or end consumer or are only used as a means of replenishment at the point of sale, which can be removed from the product without affecting its characteristics;
iii) Transportation packaging or tertiary packaging, which includes any packaging designed to facilitate the movement and transportation of a series of sales units or bundled packages, in order to avoid physical damage during movement and transportation, with the exception of containers for road, rail, sea and air transport. Includes articles that also perform other functions, except in cases where, cumulatively, the article is an integral part of a product, it is necessary to contain, support or preserve that product throughout of your life and all elements are intended to be used, consumed or disposed of together.
Who is responsible for packaging and packaging waste management?
According to the legislation in force (Decree-Law no. 152-D / 2017, in its current wording), the responsibility for the packaging and packaging waste management refers, totally or partially, to the product producer, the packer and the service packaging supplier has the financial or financial and operational responsibility for managing the products lifecycle phase when they reach their end of life and become waste.
The packer and / or importer responsibilities, when they are not identified on the packaging or are headquartered in another European Union Member State, are assigned to the packaging products first placing on the national market responsible person. For the purpose of complying with the established legal obligations, economic operators can choose.
Are HORECA establishments considered packers?
If HORECA establishments purchase their service packaging from a foreign supplier and are the first to place the service packaging on the market, they will have to join a packaging waste compliance scheme (such as Novo Verde) and pay the corresponding financial fee.
How does compliance legal monitoring enforcement work?
Among the entities that perform the function of monitoring compliance with legislation are the Food and Economic Security Authority (ASAE), the Portuguese Environment Agency (APA), the General Inspection of Agriculture, the Sea, the Environment and Spatial Planning (IGAMAOT), the Tax and Customs Authority (AT), the ARR, ERSAR, the Municipalities, the Regional Development and Coordination Commissions and the Police Authorities.
Failure to comply with the legislation, and in accordance with Decree-Law No. 152-D / 2017, in its current wording, may motivate the suspension of the company activity, authorizations, licenses and permits.
What is reusable packaging and how should they be managed when they become waste?
“Reusable packaging” is conceived and designed to fulfill, during its life cycle, a minimum number of trips or rotations for refueling or reuse for the same purpose for which they were designed. At the end of the return cycle, the reusable packaging becomes waste, and the responsibility for the management of the reusable packaging waste lies with the respective packers or those responsible for placing the packaging products on the national market, unless agreed with the waste producer that the responsibility is transferred to him, and, in this case, cannot be introduced in the municipal waste collection circuits.
The essential requirements for the manufacture and composition of packaging are defined in Article 26 of Decree-Law no. 152-D/2017, in its current wording in accordance with standard NP EN 13429: 2004: «Packaging-Reuse». The packaging must be covered by a reusable packaging management system, described in Article 23 of Decree-Law no. 152-D/2017, in its current wording.
How does the reusable packaging management system work?
The reusable packaging management system is provided for in Article 23 of Decree-Law no. 152-D / 2017, of 11 December, in its current wording.
The reusable packaging management system intended for the consumer necessarily involves charging the consumer, at the time of purchase, of a deposit, which can only be refunded at the time of return. In the case of products intended for the consumer, the trader is obliged to collect and refund the aforementioned deposit, as well as to ensure the collection of used packaging at the point of sale, and to store it in suitable conditions. This obligation does not cover branded packaging of products that it does not sell.
The deposit applied to the reusable packaging is not subject to any additional payment and its value must be clearly identified on the packaging or on the support used to indicate the sale price of the product.
At the end of the return cycle, the reusable packaging becomes waste, and the responsibility for the management of the reusable packaging waste lies with the respective packers or those responsible for placing the packaging products on the national market, unless agreed with the producer of the waste that the responsibility is transferred to him, and in this case it cannot be introduced into municipal waste collection circuits.
What is the deposit and who fixes it?
The deposit is an amount paid by the consumer when he purchases a packaging product in reusable packaging, which is returned to him later, upon delivery of that empty packaging. This value should stimulate this return, without exceeding its real value.
According to the legislation in force, it is possible for the Government, through a joint Order of the Ministers of Economy and the Environment, to set minimum deposit values in systems for the consignment of reusable packaging.
What are non-reusable packaging and how does their integrated system work?
Non-reusable packaging is a single-use packaging, becoming packaging waste after product contains consumption, entering to national recycling and recovery compliance targets.
It is up to the non-reusable packaging products packaging packer or importer the choice to transfer their packaging and packaging waste management to an individual or integrated system, such as Novo Verde.
If the option is the integrated system, a financial fee will be paid.
How does the deposit system for non-reusable packaging work?
The deposit system for non-reusable packaging is provided for in Article 23-C of Decree-Law No. 152-D/2017. This system should be in on force at January 1, 2022.
How does the non-reusable packaging integrated system work?
As stated in article 10 of Decree-Law no. 152-D/2017 in its current wording, the integrated system is the system through which the product producer, the packer or the service packaging supplier, transfers responsibility for the waste management into which the product, or the packaging, as applicable, becomes, to this purpose licensed compliance scheme, which collectively assumes this responsibility.
Does the obligation to complete the registration of non-reusable packaging of imported raw materials and packaging products apply to all packaging and situations?
Non-reusable packaging of imported products is excluded from this obligation when these products are intended to be sold on the market or transmitted to third parties. These packaging will be covered by the integrated system or consignment system.
The import of products can come from any country, inside or outside the European Community.
Who should be considered the service packaging supplier responsible for fulfilling the obligations provided at the article 22 of Decree-Law no. 152-D / 2017, of 11 December?
While responsible for the service packaging first placing on the national market, it is their manufacturer and / or importer that must assume the responsibilities provided at the Decree-Law no. 152-D / 2017, in its current wording.