Environmental laws at Portugal
Portugal's environmental legal framework is robust, aligning closely with European Union (EU) directives and emphasizing sustainable development and climate action. Key elements include:
Constitutional Framework: The Portuguese Constitution guarantees the right to a healthy, balanced, and ecologically sustainable environment. It also imposes the duty on citizens to protect the environment, with the State responsible for enforcing this obligation.
Climate Framework Act (2022): Enacted in December 2021 and effective from February 2022, this Act represents Portugal's comprehensive approach to climate policy. It sets the goal of achieving climate neutrality by 2050, with the government exploring the possibility of reaching this target by 2045.
Voluntary Carbon Market (VCM) Regulation (2024): Decree-Law 4/2024, published in January 2024, establishes the operational framework for Portugal's Voluntary Carbon Market. This initiative aims to support greenhouse gas emission reduction efforts and contribute to national climate objectives.
Integrated Pollution Prevention and Control: Decree-Law No. 127/2013 outlines the legal regime for integrated pollution prevention and control, aiming to minimize pollution from industrial activities.
Environmental Impact Assessment (EIA): Decree-Law No. 151-B/2013 establishes the EIA process for public and private projects that may have significant environmental effects, ensuring that potential impacts are assessed and mitigated.
Environmental Liability: Decree-Law No. 147/2008 defines environmental liability, outlining responsibilities for preventing and remedying environmental damage. It establishes three types of environmental liability: criminal, administrative, and civil.
Air Quality Control: The legal framework for air quality includes Decree-Law No. 39/2018, which sets targets for air pollution control, and Decree-Law No. 47/2017, updating air quality standards.
Water Quality and Management: Water quality and management are governed by various laws, including Decree-Law No. 58/2005, which transposes EU directives on water policy, aiming to protect water resources.
Recent Developments:
Renewable Energy Transition: Portugal has significantly advanced its renewable energy sector, with renewable sources accounting for 71% of electricity consumption in 2024. The country aims for carbon neutrality by 2045, with a target of achieving 93% renewable electricity by 2030.
Offshore Wind Energy: The government is developing a substantial offshore wind cluster along its Atlantic coast, targeting up to 10 gigawatts (GW) of capacity. Four ocean areas have been approved for offshore wind farms, with the first licensing auction scheduled for 2025.
Land Use and Housing: In January 2025, legislation was passed to facilitate the reclassification of rural land for urban use, primarily to address affordable housing shortages. This policy has raised environmental concerns regarding potential impacts on protected natural areas and urban sprawl.
These developments underscore Portugal's commitment to environmental protection, sustainable resource management, and alignment with EU environmental standards.
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