COMMISSION STAFF WORKING DOCUMENT Environmental Implementation Review 2022 Country Report - PORTUGAL Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Environmental Implementation Review 2022: Turning the tide through environmental compliance
Date: 2022-09-08
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, Portugal, application of EU law, biodiversity, circular economy, climate change policy, environmental law, governance, pollution control measures, waste management

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.9.2022  SWD(2022) 270 final  COMMISSION STAFF WORKING DOCUMENT Environmental Implementation Review 2022      Country Report - PORTUGAL             Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Environmental Implementation Review 2022: Turning the tide through environmental compliance {COM(2022) 438 final} - {SWD(2022) 252 final} - {SWD(2022) 253 final} - {SWD(2022) 254 final} - {SWD(2022) 255 final} - {SWD(2022) 256 final} - {SWD(2022) 257 final} - {SWD(2022) 258 final} - {SWD(2022) 259 final} - {SWD(2022) 260 final} - {SWD(2022) 261 final} - {SWD(2022) 262 final} - {SWD(2022) 263 final} - {SWD(2022) 264 final} - {SWD(2022) 265 final} - {SWD(2022) 266 final} - {SWD(2022) 267 final} - {SWD(2022) 268 final} - {SWD(2022) 269 final} - {SWD(2022) 271 final} - {SWD(2022) 272 final} - {SWD(2022) 273 final} - {SWD(2022) 274 final} - {SWD(2022) 275 final} - {SWD(2022) 276 final} - {SWD(2022) 277 final} - {SWD(2022) 278 final}  
 
 
Portugal  1 

This  report  has  been  written  by  the  staff  of  the  Directorate-General  for  Environment,  European  Commission. 
Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu  

More information on the European Union is available on the internet (http://europa.eu). 

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©Sergey Kelin/iStock 

For reproduction or use of these photos, permission must be sought directly from the copyright holder. 

©European Union, 2022 

Reproduction is authorised provided the source is acknowledged. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Portugal  2 

Table of contents 

EXECUTIVE SUMMARY ........................................................................................................................................... 3 

PART I: THEMATIC AREAS ...................................................................................................................................... 4 

1. CIRCULAR ECONOMY AND WASTE MANAGEMENT ....................................................................................................... 4 
Measures towards a circular economy ................................................................................................................ 4 
Waste management ............................................................................................................................................. 6 
2. BIODIVERSITY AND NATURAL CAPITAL ...................................................................................................................... 9 
Nature protection and restoration ....................................................................................................................... 9 
Marine ecosystems............................................................................................................................................. 15 
Ecosystem assessment and accounting ............................................................................................................. 16 
3. ZERO POLLUTION .............................................................................................................................................. 18 
Clean air ............................................................................................................................................................. 18 
Industrial emissions ............................................................................................................................................ 19 
Major industrial accidents prevention, SEVESO ................................................................................................. 21 
Noise .................................................................................................................................................................. 23 
Water quality and management ........................................................................................................................ 23 
Chemicals ........................................................................................................................................................... 27 
4. CLIMATE ACTION .............................................................................................................................................. 29 
Key national climate policies and strategies ...................................................................................................... 29 
Effort sharing target ........................................................................................................................................... 29 
Key sectoral developments ................................................................................................................................. 30 
Use of revenues from the auctioning of EU ETS allowances .............................................................................. 31 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS .............................................................................. 32 

5. FINANCING ...................................................................................................................................................... 32 
Environmental investment needs in the European Union .................................................................................. 32 
EU environmental funding 2014-2020 ............................................................................................................... 33 
EU environmental funding 2021-2027 ............................................................................................................... 35 
National environmental protection expenditure ................................................................................................ 37 
Green budget tools ............................................................................................................................................. 38 
Overall financing compared to the needs .......................................................................................................... 40 
6. ENVIRONMENTAL GOVERNANCE........................................................................................................................... 41 
Information, public participation and access to justice...................................................................................... 41 
Compliance assurance ........................................................................................................................................ 42 
Effectiveness of environmental administrations ................................................................................................ 44 
Reforms through the Commission’s Technical Support Instrument (TSI) ........................................................... 45 
TAIEX EIR peer to peer Projects .......................................................................................................................... 45 

Environmental Implementation Review 2022 – Portugal 

 
 
 
Portugal  3 

Executive summary 

In  previous  Environmental 
Implementation  Reviews 
(EIRs), the main challenges identified for Portugal for the 
implementation  of  EU  environmental  policy  and  law 
were: 
 

Improving  waste  management  and  developing  the 
potential of the circular economy. 
Enhancing  the  effective  protection  of  the  Natura 
2000 network. 
Improving water management, including completing 
urban wastewater treatment. 

 

 

Various measures have been taken or are in the pipeline 
on  waste  management  and  the  circular  economy. 
Portugal  adopted  a  national  Circular  Economy  Action 
Plan  in  2017  and  a  new  one  is  being  prepared.  A  new 
national legislation on waste management was approved 
in  2020.  The  new  national  waste  management  plan  is 
undergoing  adoption,  as  well  as  other  national  strategic 
plans  in  the  waste  sector.  However,  the  progress  in  this 
field  has  been  limited.  Portugal  is  far  below  the  EU 
average  on  circular  economy  and  waste  management 
indicators. Portugal has missed the EU target of recycling 
50%  of  municipal  waste  by  2020.  The  overall  recycling 
rate  was  of  29%  in  2019  and  26.5%  in  2020  (provisional 
data),  against  an  EU  average  of  48%.  Achieving  the  EU 
targets  for  the  next  decade,  including  reaching  55% 
recycling  of  municipal  waste  by  2025,  will  require 
significant efforts. 

Portugal  boasts  a  rich  biodiversity.  The  20.6%  of  its 
territory  belongs  to  the  EU  Natura  2000  network  (EU 
average  is  18.5%).  However,  a  scientific  assessment  of 
Natura 2000 in Portugal concluded that some species and 
habitats, particularly in the marine environment, are not 
sufficiently protected. Therefore, Portugal should extend 
its  Natura  2000  network  with  additional  designations, 
particularly for marine sites. Furthermore, Portugal needs 
to  adopt  the  management  plans  of  the  sites  already 
designated,  identifying  the  conservation  objectives  and 
conservation  measures  and  providing  the  necessary 
resources.  Moreover,  complementary  measures  are  still 
required  to  ensure  that  the  EU  Invasive  Alien  Species 
Regulation is properly applied. 

remain 

Despite  the  progress  that  Portugal  has  made  in  recent 
years,  challenges 
in  water  management, 
especially in the  areas of  water governance, water body 
rehabilitation and water efficiency. Further infrastructure 
investment  are  needed  to  improve  water  management, 
such  as 
in  wastewater  collection  and  treatment, 
reduction  of  leaks  in  the  networks  and  general  water 
supply,  improving  monitoring  (quality  and  quantity),  as 
well  as  nature-based  solutions  and  river  restoration. 
Moreover,  Portugal  should  take  advantage  of  the 
potential  of  water  reuse.  Portugal  continues  to  work  in 

this  sector  and  will  soon  adopt  the  third  cycle  or  River 
Basin  Management  Plans  under  the  Water  Framework 
Directive. Portugal is also preparing the PENSAARP 2030, 
a  new  national  strategic  Plan 
for  water  supply, 
wastewater and pluvial waters management. 

Anticipating  the  adverse  effects  of  climate  change,  such 
as  floods,  coastal  erosion,  droughts,  heat  waves  and 
forest  fires,  remains  a  core  challenge  in  Portugal.  In 
addition,  sustainable  development  could  be  further 
mainstreamed into other policy areas. 

On air pollution, Portugal presents a mixed picture. While 
emissions  of  several  air  pollutants  has  fallen  in  recent 
decades,  air  quality  in  Portugal  continues  to  give  cause 
for  concern,  mainly  as  regards  nitrogen  dioxide.  In 
particular, personal transport exacerbates problems with 
air  quality  and 
the  major 
traffic  congestion 
metropolitan  areas  in  Portugal,  leading  to  health  and 
economic  costs.  Further  measures  are  also  needed  to 
comply with the Noise Directive. 

in 

The  support  of  EU  funding  has  significantly  contributed 
to  improving  the  implementation  of  EU  environmental 
law and policy in Portugal. Total environmental financing 
reached  around  1%  of  GDP  in  2014-2020.  Nevertheless, 
Portugal 
challenges  and 
investment needs, estimated to be at least 1.26% of GDP, 
signalling a potential financing gap of 0.26% of GDP over 
baselines. EU financing will continue to play a key role in 
addressing 
the 
investment gaps. 

shortcomings  and 

considerable 

closing 

these 

faces 

still 

Under NextGenerationEU,  Portugal is  set  to receive EUR 
16.6  billion  in  grants  and  loans  from  the  Recovery  and 
Resilience  Facility  (RRF)  until  2026.  The  Portuguese 
Recovery  and  Resilience  Plan  (RRP)  is  based  on  three 
pillars: resilience, climate transition and digital transition. 
It  devotes  around  38%  of  its  budget  to  the  climate 
change  objectives.  There  are  some  components  with  a 
special focus on the environment; in particular, on forest 
management, water management and bio-economy. 

In 2021-2027, EU Cohesion Policy will support long-term 
development  objectives  in  Portugal  by  investing  EUR 
22.75  billion,  including  EUR  223.8  million  from  the  Just 
Transition Fund directed  to alleviate the socio-economic 
impacts  of  the  green  transition  in  the  most  vulnerable 
regions.  The  Partnership  Agreement  with  Portugal  is 
under negotiation, but apart of the Cohesion Fund and a 
relevant  percentage  of  the  ERDF  will  probably  be 
devoted  to  environmental  investments.  Furthermore, 
other  EU  Funds  will  also  contribute 
to  support 
environmental projects in Portugal: EARDF, EMFAF, LIFE, 
Horizon Europe, etc. 

Environmental Implementation Review 2022 – Portugal 

 
Portugal  4 

Part I: Thematic Areas 

1. Circular Economy and waste management 

Measures towards a circular economy 

Figure 1 – Circular material use rate (%), 2010-20201 

The new Circular Economy Action Plan adopted in March 
2020 is one of the main building blocks of the European 
Green Deal. The EU’s transition to a circular economy will 
reduce  pressure  on  natural  resources  and  will  create 
sustainable  growth  and  jobs.  It  is  also  a  prerequisite  to 
achieve  the  EU’s  2050  climate  neutrality  target  and  to 
halt  biodiversity 
loss.  The  Action  Plan  announces 
initiatives  along  the  entire  life  cycle  of  products,  aiming 
to reduce the EU's consumption footprint and to double 
the EU's circular material use rate by 2030. It targets how 
products  are  designed,  promotes  circular  economy 
processes,  encourages  sustainable  consumption,  and 
aims to ensure that waste is prevented and the resources 
used are kept in the EU economy for as long as possible  

The  circular  material  use  rate  is  a  good  indicator  of  an 
economy’s circularity, as it includes all the materials that 
are  fed  back  into  our  economy.  Large  differences  in  the 
circularity  rate  exist  between  countries.  To  help  achieve 
the  goal  of  the  EU  Circular  Economy  Action  Plan  of 
doubling  the  EU  circular  material  use  rate  by  2030, 
ambitious  measures  targeting  the  whole  product  life 
cycle are needed at Member States’ level. Such measures 
range  from  sustainable  product  design  that  makes  it 
possible to increase durability, reparability, upgradability 
and  recyclability  of  products,  to  other  measures  like 
remanufacturing,  increasing  the  circularity  in  production 
processes,  recycling,  as  well  as  boosting  eco-innovation 
and increasing the uptake of green public procurement. 

Portugal’s  circular  (secondary)  use  of  material  was  2.4% 
in 2014 and 2.2% in 2020, compared to the EU average of 
12.8%. Therefore, not only is Portugal well below the EU 
average,  but  in  2020  its  performance  was  worse  than  6 
years earlier. 

Resource  productivity  expresses  how  efficiently  the 
economy  uses  material  resources  to  produce  wealth. 
Improving  resource  productivity  can  help  to  minimise 
negative 
impacts  on  the  environment  and  reduce 
dependency on volatile raw  material  markets. As  shown 
in  Figure  2,  with  EUR  1.1  generated  per  kg  of  material 
consumed  in  2020,  resource  productivity  in  Portugal  is 
well below the EU average of EUR 2.09 per kg. 

Figure 2: Resource productivity 2010-20202 

Circular Economy Strategies 

The  Commission  encourages  Member  States  to  adopt 
implement  national/regional  circular  economy 
and 

1 Eurostat, Circular Economy Monitoring Framework.  
2 Eurostat, Resource productivity. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
strategies covering the whole life cycle of products. This 
is  because  such  strategies  are  one  of  the  most  effective 
ways  to  progress  towards  a  more  circular  economy  at 
Member  State  level.  Since  the  launch  of  the  European 
in  20173, 
Circular  Economy  Stakeholder  Platform 
national,  regional  or  local  authorities  have  used  the 
platform to share their strategies and roadmaps. 

As explained in the 2019 EIR, in December 2017 Portugal 
adopted a national Circular Economy Action Plan (PAEC). 
It  was  set  to  be  reviewed  in  2020  but  it  has  been 
extended  to  2021  and  a  new  Action  Plan  is  reportedly 
under  preparation.  It  is  worth  mentioning  that  amongst 
the  numerous  implementing  actions  introduced  in  the 
framework  of  the  2017-2021  Action  Plan4,  a  2020 
Resolution has approved the Resource Efficiency Program 
in Public Administration for the period up to 2030. 

Therefore, a new PAEC is currently undergoing adoption. 
It will have the European framework as a background, as 
well as the objectives established in the Thematic Agenda 
3  “Climate  transition  and  sustainability  of  resources”  of 
the 2030 Portugal Strategy: 
-  Make the economy more efficient; 
- 
Turning waste into resources; 
-  Make the economy regenerative;  
- 

Promote a more sustainable society. 

is  no  specific  strategy 

Portugal has currently no sectoral strategy on textiles and 
plastics.  Moreover,  there 
is 
targeting  the  construction  sector.  However,  Portugal  is 
active in this area through the 2021 “Circular Agreement” 
with  the  construction  industry.  This  agreement  aims  to 
support  companies  in  the  transition,  for  example  by 
helping  them  to  incorporate  more  recycled  materials  in 
construction works. 

Portugal  5 

Another example is the  initiative “Economia Circular  nas 
Freguesias  (Juntar  +)”.  This  supports  circular  economy 
measurres at a local level (civil parish), and demonstrates 
the  associated  economic,  social  and  environmental 
benefits (2018/2019/2021). 

It  is  also  worth  mentioning  the  mobilisation  of  different 
actors around the Portuguese Pact for Plastics (February 
2020), which  has more than 100 members, representing 
the different stages of the plastic value chain. 

As part of the circular economy-related reforms included 
in  the  RRP,  Portugal  has  committed  to  implement  the 
New  General  Waste  Management  System  in  view  of 
simplifying the use of by-products, as well as aligning the 
waste  policy  in  Portugal  with  the  circular  economy 
principles. There are also other measures promoting the 
circular  economy  in  Component  12  on  Bio-economy  of 
the RRP Portugal. 

Portugal  has  approved  in  December  2021  the  National 
Sustainable  Bioeconomy  Action  Plan  (PABS),  Horizon 
20255. This Plan is a  strategic document  that frames the 
main  measures  to  accelerate  the  transition  of  the 
Portuguese  economy  to  a  sustainable  and  circular 
bioeconomy. It identifies future high potential sectors in 
in  particular,  three  key  economic 
bioeconomy  and, 
activities  (Textile  and  Clothing,  Footwear  and  Natural 
Resin)  that,  by  the  nature  of  its  activities,  for  its  socio-
economic 
for 
development in the area of Bioeconomy, it is considered 
to  have  the  conditions  to  decisively 
leverage  the 
implementation of models based on Bioeconomy. 

importance,  and 

the  potential 

for 

Eco-Innovation 

Some  recent  projects  in  Portugal  to  support  the  circular 
economy  in certain economic  sectors can be highlighted 
as good practice, for example: 
- 

The “Guidance on Good Practices and Tools for More 
Sustainable  Tourism”, 
including:  Circular  and 
Sustainable Restoration; Best Practices for a Circular 
Economy  in  Tourist  Accommodation;  Sustainable 
Construction in Tourist Resorts; Single-Use Plastics in 
the Tourism Sector (2021). 
The  “CirCo  Project”  that  trains  companies  in  eco-
design (2021/2022). 
The  Circular  Construction  Protocol  with  business 
associations, 
raise  awareness  and  provide 
technical  support  in  companies  on  the  new  legal 
framework (2021/2022). 

to 

- 

- 

it 

is 

 A  successful  transition  to  a  circular  economy  requires 
social  and  technological  innovation.  This  is  because  the 
full potential of the circular economy can only be reached 
when 
implemented  across  all  value  chains. 
Therefore, eco-innovation is an important enabling factor 
for  the  circular  economy.  New  approaches  to  product 
design  and  new  business  models  can  help  to  produce 
systemic  circularity  innovations,  creating  new  business 
opportunities.In  the  2021  Eco-Innovation  Scoreboard6, 
Portugal  ranked  11th  in  the  list  of  EU  countries  with  a 
total  score  of  115,  just  below  the  EU  average  of  121.  In 
three  components  of  the  2021  Eco-innovation  Index, 
Portugal performs below the EU average (eco-innovation 
inputs,  eco-innovation  outputs,  and  resource  efficiency 
outcomes),  while  it  performs  above  the  EU  average  in 
two  of  them  (eco-innovation  activities  and  socio-
economic outcomes). 

3 The European Circular Economy Stakeholder Platform  
4 Updated information on the circular economy in Portugal is available 
in the eco.nomia Portal. 

5  PABS  –  Resolution  of  the  Council  of  Ministers  nº  183/2021  of  28 
December 2021. 
6 See the EU Eco-Innovation Scoreboard 2021. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
                                                                 
Figure 3 – Eco-innovation performance 2010-20197 

EU Ecolabel and EMAS 

The number of EU Ecolabel8 products and EMAS9 licensed 
organisations in a given country provides some indication 
of  the  extent  to  which  the  private  sector  and  national 
stakeholders  are  actively  engaged  in  the  transition  to  a 
circular  economy.  It  also  shows  how  committed  public 
authorities  are  to  supporting  instruments  designed  to 
promote the circular economy. 

By September 2021, Portugal had 5.109 products and 23 
licences  registered  in  the  EU  Ecolabel  scheme  out  of 
83.590  products  and  2.057  licences.  This  is  a  modest 
increase  of  licences  compared  with  the  2019  EIR,  while 
the  overall  number  of  products 
in  the  EU  have 
quadrupled. Moreover, in October 2021, 47 organisations 
from  Portugal  were  registered  in  EMAS,  the  European 
Commission's  Eco-Management  and  Audit  Scheme, 
compared  with  53  organisations  reported  in  the  2019 
EIR. 

Portugal  6 

helping to increase the use of GGP or green purchasing. 
Thus, EU GGP criteria are set up for many sectors10. 

Portugal adopted a first GPP national action plan in 2008 
and renewed it in 2016. Part of the strategy has involved 
identifying  priority  groups  of  products  and  services,  and 
developing  Criteria  Guidelines 
first 
monitoring  exercise, 
in  early  2021,  revealed  that 
between 2017 and the first quarter of 2020 less than20% 
of  public  procurement  exercises  (and  their  respective 
budgets)  contained  green  criteria.  The  monitoring  also 
revealed, however, that this share is growing. 

for  them.  The 

A new  GPP  Strategy is  being  prepared, to be adopted in 
the second half of 2022, aiming more ambitious targets, 
more  effectiveness  and  reinforcing  circular  aspects  of 
public  procurement,  as  well  as  carbon  neutrality 
objectives. A specific GPP Action Plan will also be part of 
the implementation framework. 

a 

legislative 

for  Public 
Meanwhile, 
Administration  modernization  and 
innovation  was 
adopted and included specific targets for GPP use in the 
three major governmental areas for 202311. 

instrument 

In  conclusion,  Portugal  has  made  some  progress  in 
strengthening its circular economy policy framework, and 
is  developing  a  new  Action  Plan.  Given  that  its  circular 
material  use  rate  is  far  below  the  EU  average  a  priority 
action on this is proposed. Further measures to enhance 
GGP  are  also  under  preparation  but  need  to  be 
effectively adopted. 

2022 priority actions 

  Adopt  the new  Portuguese  Circular  Economy Action 
Plan  (PAEC)  and  implement  the  measures  set  up 
properly and in good time. 

Green Public Procurement (GPP) 

Waste management 

Public  procurement  accounts  for  a  large  proportion  of 
authorities’ 
consumption,  with  public 
European 
purchasing  power  representing  around  14%  of  EU  GDP. 
Although GPP is a voluntary instrument, it has a key role 
to  play  in  the  EU's  efforts  to  become  a  more  resource-
efficient  and  sustainable  economy.  The  Commission  is 

7  European  Commission  -  Directorate-General  for  Environment  (DG 
ENV),  Eco-innovation  Observatory,  Eco-innovation  scoreboard  and  the 
eco-innovation index. 
8 European Commission, Ecolabel Facts and Figures. 
9  EMAS  is  the  European  Commission’s  Eco-Management  and  Audit 
Scheme, a programme to encourage organisations to behave in a more 
environmentally sustainable way. 

Turning waste into a resource is supported by:  
legislation,  which 
implementing  EU  waste 
(i)  fully 
includes  the  waste  hierarchy,  the  need  to  ensure 
separate  collection  of  waste,  the 
landfill  diversion 
targets, etc.;  
(ii) reducing waste generation and waste generation per 
capita in absolute terms;  
(iii)  limiting  energy  recovery  to  non-recyclable  materials 
and  phasing  out  landfilling  of  recyclable  or  recoverable 
waste. 

10 In the Communication ‘Public procurement for a better environment’ 
(COM  (2008)  400)  the  Commission  recommended  the  creation  of  a 
process  for  setting  common  GPP  criteria.  The  EU  GGP  criteria  are 
regularly published and updated. 
11 Council of Ministers Resolution nº 55/2020, of 31 July 2020. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
                                                                 
This  section  focuses  on  management  of  municipal 
waste12  for  which  EU  law  sets  mandatory  recycling 
targets. 

resource  efficiency  and 

Preventing products and materials from becoming waste 
for  as  long  as  possible  is  the  most  efficient  way  to 
improve 
the 
environmental  impact  of  waste.  Waste  prevention  and 
re-use are the most preferred options and  are therefore 
at  the  top  of  the  waste  hierarchy.  The  amount  of 
municipal  waste  generated  is  a  good  indicator  of  the 
effectiveness of waste prevention measures. 

reduce 

to 

After  a  downward  trend,  municipal  waste  generation  in 
Portugal  has  started  to  increase  over  the  last  decade.  It 
came  to  513  kg/year/inhabitant  in  2020.  The  waste 
generation  per  capita  is  now  slightly  above  the  EU 
average  (505  kg/year/inhabitant),  although  it  remains 
close to it,  as Figure  4  shows.  This trend seems to  show 
that  Portugal’s  economic  growth  is  not  yet  decoupled 
from the generation of waste. 

in  the 

Figure  4  also  shows  municipal  waste  by  type  of 
treatment,  in  terms  of  kilos  per  capita.  The  picture  is 
overall  steady 
last  years.  Thus,  Portugal’s 
incineration  rate  has  been  stable  at  around  19%  since 
2015,  while  landfilling  accounts  for  48%  in  2019  (far 
above  the  EU  average  of  around  24%).  The  situation 
varies by region, but managing waste efficiently remains 
a major challenge for Portugal. 

Figure  4:  Municipal  waste  by  treatment  in  Portugal, 
2010-202013 

Portugal  7 

information  available  to  the 
Moreover,  based  on 
Commission,  it  appears  that  a  significant  number  of 
irregular  and  substandard  landfills  operate  in  Portugal. 
These sites do not meet the EU landfilling standards (.i.e. 
they  lack  pre-treatment  of  waste  or  do  not  treat  the 
organic  fraction)  and  present  serious  risks  for  human 
health  and  the  environment.  A  study14  launched  by  the 
Commission  to  investigate  the  landfilling  of  untreated 
non-hazardous  municipal 
revealed 
shortcomings  in  four  of  the  five  landfills  visited  in 
Portugal. At least 59% of the municipal waste is landfilled 
without  any  treatment.  Furthermore,  Portugal  has  not 
set  up  a  suitable 
integrated  network  of  waste 
management  installations  for  mixed  municipal  waste.  In 
February  2022,  the  Commission  has  therefore  initiated 
an infringement procedure for failing to comply with the 
Landfill15  and  the  Waste  Framework  Directive16  with  the 
notification of a letter of formal notice to Portugal17. 

solid  waste 

Portugal  had  made  slow  but  steady  progress  over  the 
past decade  in increasing  its  recycling rate and diverting 
municipal  waste  from  landfilling.  However,  the  recycling 
rate for municipal waste in 2019 was 29 % (12% of which 
was  recycled,  while  17%  was  composted).  This  is  well 
below  the  EU  average  of  48  %  (2019)  and  shows  no 
improvement  since  2016.  Furthermore,  provisional  data 
for 2020 shows a  recycling rate of around 27%. Figure  5 
shows  that  Portugal  needs  to  step  up  investment  in 
recycling to meet the EU recycling targets. 

Figure 5: Recycling rate of municipal waste in Portugal, 
2010-202018 

12 Municipal waste consists of (a) mixed waste and separately collected 
waste  from  households,  including  paper  and  cardboard,  glass,  metals, 
plastics,  bio-waste,  wood,  textiles,  packaging,  waste  electrical  and 
electronic  equipment,  waste  batteries  and  accumulators,  and  bulky 
waste, 
including  mattresses  and  furniture;  (b)  mixed  waste  and 
separately  collected  waste  from  other  sources,  where  such  waste  is 
similar in nature and composition to waste from households. (Directive 
2008/98/EC, Art. 3 2b). 
13 Eurostat, Municipal waste by waste operation, April 2022. 

14 European Commission, Study to assess the implementation by the EU 
Member  States  of  certain  provisions  of  Directive  1999/31/EC  on  the 
landfill of waste. 
15 Directive 1999/31/EC 
16 Directive 2008/98/EC 
17 See press release, INF/22/601. 
18 Eurostat, Recycling rate of municipal waste, April 2022. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
Portugal  8 

legal  requirements  (e.g.  waste  prevention,  separate 
collection  for  a  number  of  specific  waste  streams, 
recycling  and 
targets).  Revised  plans  and 
landfill 
programmes were also due on 5 July 2020. 

The 2019 EIR reflected the situation on waste prevention 
and  waste  management  planning  in  Portugal,  which  is 
now finalising the new National Waste Management Plan 
(PNGR  2030),  as  well  as  the  new  Strategic  Plan  for 
Municipal Waste (PERSU 2030) and the Strategic Plan for 
non-Municipal  Waste  (PERNU  2030).  The  adoption  of 
these  key  tools  for  the  waste  management  policy  is 
foreseen for 2022. 

In the 2019 EIR, Portugal received  three priority actions, 
which included a wide range of recommendations. Some 
initiatives,  e.g.  supporting  municipalities,  as  well  as  the 
new  national  legislation  on  waste  management  address 
some  of  them,  although  they  need  to  be  implemented. 
Other  aspects  are  still  relevant  and  applicable,  and  in 
view  of  the  upcoming  Early  Warning  Report  they  are 
proposed  again,  together  with  the  new  planning 
requirements. 

2022 priority actions 

 

 

Ensure that a  national waste management  plan and 
the  pertinent  regional  or 
intermunicipal  waste 
management  plans  in  line  with  the  revised  Waste 
Framework Directive are in place. 
Improve  waste  management  and  increase  recycling 
rates  to  meet  the  EU  targets  and  promote  circular 
economy by enhancing coordination among all levels 
of government and further investment. 

  Review 

treatment 

infrastructure 

requirements, 
taking  into  account  the  changes  in  waste  collection 
and  the  need  to  move  away  from  mixed  waste 
treatment. 
Close and rehabilitate the non-compliant  landfills as 
a matter of priority. 

 

Portugal  is  one  of  the  countries  that  has  missed  the  EU 
target  of  recycling  50%  of  municipal  waste  by  2020. 
There  are  also  big  differences  between  Portugal’s 
regions.  The EU has set  up even more ambitious targets 
for the next decade, including achieving 55% recycling of 
municipal waste by 2025. 

Therefore,  significant  efforts  are  needed  to  increase  the 
prevention, minimisation, sorting, reuse and recycling of 
waste,  thereby  diverting  waste  away  from  landfills  or 
incinerators,  and  to  modernise  waste  recycling  and 
treatment facilities. 

it 

is  fair  to  acknownledge  that  the 
Nevertheless, 
extended  producer  responsibility  has  played  a  key  role 
for 
the  municipal  waste 
the 
management. 

improvement  of 

The  situation  of  the  waste  management  sector  was 
already reflected in the 2018 Commission's Early Warning 
report'19,  which 
listed  key  priority  measures  which 
Portugal  should  take  to  close  the  implementation  gap. 
The  Commission  is  currently  finalising  its  analysis  of  the 
progress  on  the  recommendations  from  the  2018  Early 
Warning  Reports  as  a  well  as  an  analysis  of  progress 
towards  achieving  the  2025  waste  recyling  targets.  The 
Commission  will  issue  this  report  at  the  end  of  2022.  It 
will  assess  the  progress  made  to  date,  and  make  new 
recommendations as appropriate. 

Implementation of the 2018 waste legislative package 

By 5 July 2020, Member States had to bring their national 
laws  in  line  with  modifications  included  in  the  revised 
Waste Framework Directive, the Packaging and Packaging 
Waste Directive and the Landfill Directive20. Portugal has 
notified  the  transposition  of  the  2018  waste  package  to 
the Commission. A conformity assessment of the national 
transposing measure21 is currently ongoing. 

Waste  Management  Plans  and  Waste  Prevention 
Programmes  are  central  for  a  sound  implementation  of 
the EU waste legislation. They set out key provisions and 
investments to ensure compliance with existing and new 

19  European  Commission,  Report  on  the  implementation  of  waste 
legislation, including the early warning report for Member States at risk 
of missing the 2020 preparation for re-use/recycling target on municipal 
waste, SWD(2018)422 accompanying COM(2018)656. 
20  Directive  (EU)  2018/851,  Directive  (EU)  2018/852,  Directive  (EU) 
2018/850  and  Directive  (EU)  2018/849  amend  the  previous  waste 
legislation and set more ambitious recycling targets for the period up to 
2035. 
21  The  New  General  Waste  Management  System,  adopted  by  the 
Decree-Law 102-D/2020 of 10.12.2020, rectified by Declaration 3/2021, 
of  21.01.2021,  and  amended  by  Law  52/2021,  of  10.08.2021,  entered 
into force on 1.7.2021. 
The  Packaging  and  Packaging  Waste  Directive  was  transposed  by  the 
4th  amendment  of  Decree-Law  152-D/2017  of  11  December  2017 
through Decree-Law 102-D/2020 of 10 December 2020. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
 
 
 
Portugal  9 

2. Biodiversity and natural capital

to 

and 

achieve  healthy 

The  EU  Biodiversity  Strategy  for  2030  adopted  in  May 
2020  aims  to  put  the  EU’s  biodiversity  on  a  path  to 
recovery  and  sets  out  new  targets  and  governance 
mechanisms 
resilient 
ecosystems.  
In particular, the strategy sets out ambitious targets to: 
(i) protect a minimum of 30% of the EU’s land area and 
30% of its sea area and integrate ecological corridors, as 
part of a true trans-European nature network;  
(ii) strictly protect at least a third of the EU’s protected 
areas,  including  all  remaining  EU  primary  and  old-
growth forests;  
(iii)  effectively  manage  all  protected  areas,  defining 
clear  conservation  objectives  and  measures,  and 
monitoring them appropriately.  
The strategy also sets out an EU nature restoration plan 
–  a  series  of  concrete  commitments  and  actions  to 
restore  degraded  ecosystems  across  the  EU  by  2030, 
and  manage  them  sustainably,  addressing  the  key 
drivers of biodiversity loss. 

The Habitats and the Birds Directives are key legislative 
tools  to  deliver  on  the  Strategy’s  targets  and  are  the 
cornerstone  of  the  European  legislation  aimed  at  the 
conservation of the EU's wildlife22. 

Portugal’s National Strategy of Nature Conservation and 
Biodiversity  2030  (NSNCB)23  was  approved  by  the 
Government  on  5  April  2018.  It  identifies  2030  goals 
reflected  into  more  than  100  measures,  each  with 
corresponding indicators, priorities, deadlines, means of 
verification, tools and responsible entities. 

Furthermore,  on  1  August  2019,  the  Portuguese 
Government adopted Resolution 143/2019, containing a 
strategy and recommendations for the implementation 
of a network of marine protected areas. 

Nature protection and restoration  

Natura  200024,  the  largest  coordinated  network  of 
protected  areas  in  the  world,  is  the  key  instrument  to 
achieve  the  Birds  and  Habitats  Directives'  objectives  to 

22  These  should  be  reinforced  by  the  Nature  Restoration  Law, 
according to the new EU Biodiversity Strategy. 
23  Estratégia  Nacional  de  Conservação  da  Natureza  e  Biodiversidade 
2030,  Resolução  do  Conselho  de  Ministros  n.º  55/2018  -  Diário  da 
República N.º 87 Série I, de 7 de maio. 
24  Natura  2000  comprises  Sites  of  Community  Importance  (SCIs) 
designated  pursuant  to  the  Habitats  Directive  as  well  as  Special 
Protection  Areas  (SPAs)  classified  pursuant  to  the  Birds  Directive; 
figures of coverage do not add up due to the fact that some SCIs and 
SPAs  overlap.  Special  Areas  of  Conservation  (SAC)  means  a  SCI 
designated by the Member States. 

ensure  the  long  term  protection,  conservation  and 
survival  of  Europe's  most  valuable  and  threatened 
species and habitats and the ecosystems they underpin. 
The setting up of a coherent Natura 2000 network, the 
designation  of  Sites  of  Community  Importance  (SCI)  as 
Special  Areas  of  Conservation  (SAC),  and  the  setting  of 
conservation  objectives  and  measures  for  the  Natura 
2000  sites  are  key  milestones  towards  meeting  the 
objectives of the Directives. 

Setting up a coherent network of Natura 2000 sites 

Portugal  hosts  99  habitat  types25  and  335  species26 
covered  by  the  Habitats  Directive.  The  country  also 
hosts  populations  of  90  bird  taxa  listed  in  the  Birds 
Directive Annex I27. 

By  2021,  20.6%  of  the  national  land  area  of  Portugal 
was covered by Natura 2000 (EU coverage 18.5%), with 
Special  Protection  Areas  (SPAs)  classified  under  Birds 
Directive covering 10% (EU coverage 12.8%) and Sites of 
Importance  (SCIs)  or  Special  Areas  of 
Community 
Conservation 
(SACs)  under  the  Habitats  Directive 
covering  17%  (EU  coverage  14.2%)  of  the  Portuguese 
territory. 

The latest assessment of the SCI/SAC part of the Natura 
2000  network  shows  that  there  are  insufficiencies  in 
designation  for  several  species  and  habitat  types.  The 
Commission  has  lauched  an  infringement  procedure 
and  a  letter  of  formal  notice  on  this  issue  was  notified 
to  Portugal  in  July  2019.  Although  some  insufficiencies 
have  been  corrected  in  the  meantime,  the  assessment 
of  the  case  has  found  that 
insufficiencies  persist. 
Therefore, the Commission has decided to advance with 
this infringement procedure and has notified a reasoned 
opinion to Portugal in May 2022. 

Considering  both  Natura  2000  and  other  nationally 
designated  protected  areas,  Portugal  legally  protects 
22.4%  of  its  terrestrial  areas  (EU  27  coverage  26,4%) 
and 4.5 % of marine areas (EU 27 coverage 10,7%)28. 

25 EEA, Article 17 dashboard, Annex I total, 2019. 
26  EEA,  Article  17  dashboard,  Annex  II  +  Annex  IV  excluding  those  in 
Annex  II  +  Annex  V  excluding  those  in  Annex  II,  2019.  This  counting 
only takes into account species and habitats for which assessment of 
conservation status was requested. 
27  EEA, Article  12  dashboard,  Annex  I,  2020. This counting  only  takes 
into account birds taxa for which information was requested. 
28  European  Environment  Agency,  Protected  Areas,  terrestrial 
protected  area  percentage  (2021)  and  marine  protected  area 
percentage (2019), March 2022. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
                                                                 
Figure 6: Marine & terrestrial protected area coverage, 
202129  

Designating Special Areas of Conservation (SACs) and 
setting conservation objectives and measures 

Portugal  10 

Following  a  ruling  by  the  Court  of  Justice  of  the 
European  Union  on  5  September  2019,  Portugal 
designated  as  Special  Areas  of  Conservation  (SACs)  all 
the  existing  Sites  of  Community  Importance  in  the 
mainland (Atlantic and Meditrerranean biogeographical 
in  the  Macaronesian 
regions).  Most  of  the  sites 
biogeographical region had already been designated as 
SACs.  There  are,  however,  two  pending  designations, 
for the SCIs ‘Menez Gwen’ and ‘Lucky Strike’, for which 
the  6-year  deadline  set  by  the  Habitats  Directive  has 
already expired. 

The  decree  that  designated  the  SACs  on  the  mainland, 
Decreto  Regulamentar  1/2020,  does  not  identify  the 
habitat  types  and  the  species  protected  in  each  of  the 
sites and is therefore considered by the Commission as 
not  fulfilling Portugal’s obligations under Article 4(4) of 
the Habitats Directive. 

Moreover,  Portugal  has  not  yet  adopted  management 
plans  for  any  of  the  SACs  on  the  mainland  and  the 
management  plans  adopted 
in  the  past  for  the 
Macaronesian SACs are not sufficiently specific in terms 
of conservation objectives and measures. 

The  Commission  therefore  considers  that  Portugal  has 
not yet complied with the ruling of the Court of Justice 
and  has  launched  an  infringement  procedure  under 
Article 260 of the Treaty, which is currently ongoing. 

Progress in maintaining or restoring favourable 
conservation status of species and habitats 

To measure the performance of Member States, Article 
17  of  the  Habitats  Directive  and  Article  12  of  the  Birds 
Directive  require  reporting  on  the  progress  towards 
maintaining or restoring favourable conservation status 
of  species  and  habitats.According  to  the  report 
submitted  by  Portugal  on  the  conservation  status  of 
habitats  and  species  covered  by  the  Article  17  of  the 
Habitats  Directive  for  the  period  2013-2018,  the  share 
of assessments for habitats in good conservation status 
in  2018  is  23.7%.  This  is  less  than  the  29.5%  reported 
under the previous reporting period (2007-2012). As to 
protected  species,  the  share  of  assessments  in  good 
conservation  status  in  2018  is  26.5%,  more  than  the 
19.7%  reported  under  the  previous  reporting  period 
(2007-2012).  Only  4%  of  the  forest  area  show  a 
favourable  conservation  status31.  As  far  as  birds  are 
concerned,  30%  of  the  breeding  species  showed  short-
increasing  or  stable  population  trends  (for 
term 

31 State of Nature Report. EEA 2021. 

Figure  7:  Natura  2000  terrestrial  protected  area 
coverage, 202130  

29  EU  Biodiversity  Strategy  Dashboard,  indicators  A1.1.1  and  A1.2.1, 
February 2022. 
30  European  Environment  Agency,  Natura  2000  Barometer,  February 
2022. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
 
 
                                                                 
                                                                 
wintering species this figure was 38.5%).  

share  of  assessments 

At the same time, the share of habitats assessed to have 
a  bad  conservation  status  has  increased  to  28.8%  and 
in  bad 
the 
conservation  status  has  also  increased    to  11.3%.  The 
main 
urban 
agriculture, 
development and alien and problematic species. 

pressures 

species 

from 

are 

for 

Figure  8:  Assessments  on  conservation  status  for 
habitats  for  2007-2012  and  2013-2018  reporting 
periods32  

Figure  9:  Assessments  on  conservation  status  for 
species 
for  2007-2012  and  2013-2018  reporting 
periods33 

Portugal  11 

habitats  and  species  is  evolving,  since  the  worsening 
trend may in part be due to improved knowledge rather 
than  to  actual  degradation.  It  is  clear,  however,  that  a 
lot of work is needed to reach favourable conservation 
status  and,  mainly  for  what  concerns  habitat  types, 
even  to  fill  in  the  knowledge  gaps,  which  are  still  very 
big.It can be highlighted as a good practice the “We are 
ON 
(Natura  2000)”  communication 
campaign,  which  reached  3500  school  pupils  and  150 
teachers,  promoting  curiosity,  public  participation  and 
visits  to  eight  Natura  2000  sites  in  Portugal.  This 
relatively  small-scale  project  demonstrates  through  its 
tailor-made  educational  activities  how  to  achieve  big, 
long-lasting impacts. 

the  network 

Bringing nature back to agricultural land and restoring 
soil ecosystems 

Agricultural land 

The Biodiversity Strategy works alongside the new Farm 
to  Fork  Strategy  and  the  new  Common  Agricultural 
Policy  (CAP)  to  support  and  achieve  the  transition  to 
fully sustainable agriculture.  
The  Biodiversity  and  Farm  to  Fork  Strategies  have  set 
four important targets for 2030:  
- a 50% reduction in the overall use of – and risk from – 
chemical pesticides; 
-  a  50%  reduction  in  the  use  of  more  hazardous 
pesticides; 
-  a  50%  reduction  in  losses  of  nutrients  from  fertilisers 
while  ensuring  there  is  no  deterioration  of  soil  fertility 
(which  will  result  in  a  20%  reduction  in  the  use  of 
fertilisers);  
- bring back at least 10% of agricultural area under high-
diversity  landscape  features  and  increase  areas  under 
organic farming to at least 25%. 

Portugal  with  estimated  8.05%  of  area  under  organic 
farming  is  marginally  below  the  EU  average  of  9.07% 
(2020 data, Eurostat). 

It  is  difficult  to  assess  how  the  conservation  status  of 

32  European  Environment  Agency,  Conservation  status  and  trends  of 
habitats  and  species,  December  2021.  Please  note  when  comparing 
the  figures  shown  for  2007-2012  and  2013-2018  these  may  also  be 
affected by changes of methods or due to better data availability. 
33 idem 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
 
                                                                 
Figure  10:  Share  of  total  utilised  agricultural  area 
occupied by organic farming per Member State, 202034 

According  to  the  Commission  recommendations  for 
Portugal’s  CAP  strategic  plan35,  water  availability  and 
soil  quality  are  two  significant  challenges  for  the 
agricultural  sector 
in  Portugal.  Likewise,  preserving 
biodiversity  remains  a  challenge  in  Portugal  where  the 
conservation  status  of  agricultural  habitats  is  largely 
assessed  as  “unfavourable-inadequate”.  It  should  be 
noted  that  the  abandonment  of  agricultural  activity  is 
considered  a  key  factor  that  has  negatively  affected 
some of these farming systems. 

The  Commission  considers  that  Portuguese  agriculture 
needs to improve its ecological and climate transition in 
line  with  the  objectives  of  the  Farm  to  Fork  and  the 
Biodiversity  Strategies.  The  future  CAP  strategic  plan 
should  play  a  major  role  by  setting  a  greater 
environmental  ambition  raising  the  level  of  minimum 
requirements  and  developing  appropriate  incentives. 
Preserving  areas  of  extensive  agriculture,  as  well  as 
providing incentives for use agricultural models helping 
in  maintain  or 
increase  biodiversity  needs  to  be 
prioritised. 

Soil ecosystems  

new 

Soil  is  a  finite  and  extremely  fragile  resource.  It  is 
increasingly degrading in the EU. 
on 
adopted 
EU 
The 
17 November 2021,  stresses  the 
importance  of  soil 
protection,  of  sustainable  soil  management  and  of 
restoring  degraded  soils  to  achieve  the  Green  Deal 
objectives  as  well  as  land-degradation  neutrality  by 

strategy, 

soil 

34 
https://ec.europa.eu/eurostat/databrowser/view/sdg_02_40/default/
table?lang=en (Eurostat, Area under organic farming, February 2022). 
35  Commission  recommendations  for  Portugal’s  CAP  Strategic  Plan. 
SWD (2020) 398 final of 18.12.2020. 

Portugal  12 

2030.  
This entails:  
(i) preventing further soil degradation;  
(ii)  making  sustainable  soil  management  the  new 
normal;  
(iii) taking action for ecosystem restoration. 

One factor  in the degradation  of soil ecosystems  is the 
area  of  soil  that  is  sealed  or  atificialised36.  In  Portugal 
(Figure 12) the land taken per year in the period 2012-
2018  can  be  seen  as  a  measure  of  one  important 
pressure on nature and biodiversity. At the same time, 
land use change constitues  an environmental pressure 
on people living in urbanised areas.  

Portugal ranks below the EU average with net land take 
of 67,8 m2/km2 (EU-27 average: 83,8 m2/km2). 

land 
In  2018,  Portugal  updated 
to 
degradation  according 
reporting 
platform37  with  actions 
intended  to  combat  the 
degradation identified. 

its  reporting  on 
the  PRAIS3 

Figure  11:  Land  take  and  re-cultivation 
(m2/km2), 2012-201838 

in  EU27 

36 Artificial  land cover  is defined as the total of roofed built-up areas 
(including  buildings  and  greenhouses),  artificial  non  built-up  areas 
(including sealed area features, such as yards, farmyards, cemeteries, 
car  parking  areas  etc.  and  linear  features,  such  as  streets,  roads, 
railways, runways, bridges) and other artificial areas (including bridges 
and  viaducts,  mobile  homes,  solar  panels,  power  plants,  electrical 
substations, pipelines, water sewage plants, and open dump sites). 
37 UNCCD, Prais3 
38  European  Environment  Agency,  Land  take  in  Europe,  December 
2021. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
                                                                 
 
                                                                 
However,  Portugal  has  not  yet  committed  to  set  Land 
Degradation  Neutrality  targets  under 
the  United 
Nations  Convention 
to  Combat  Desertification 
(UNCCD)39.  

Contamination  can  severely  reduce  soil  quality  and 
threaten  human  health  or  the  environment.  Lastest 
data Member States estimated that potentially polluting 
activities  have  taken  or  are  still  taking  place  on 
approximately 2.8 million sites in the EU40. At EU level, 
650.000 of these sites have been registered in national 
or regional inventories. 65.500 contaminated sites have 
already  been  remediated.  Portugal  had  registered  181 
sites  where  potentially  polluting  activities  took  place, 
and among these 83 sites had already been remediated. 

transboundary 

Soil erosion by water is a natural process, which can be 
aggravated by climate change and human activities such 
as  inappropriate  agricultural  practices,  deforestation, 
forest  fires  or  construction  works.  High  levels  of  soil 
erosion  can  reduce  productivity  in  agriculture  and  can 
impacts  on 
have  negative  and 
biodiversity  and  ecosystem  service,  and  on  rivers  and 
lakes  (increased  volume  of  sediments,  transport  of 
contaminants).  According  to  the  RUSLE2015  model41, 
Portugal  has  an  average  soil  loss  rate  by  water  of  2.31 
tonnes per hectare per year compared to a EU average 
of 2.46 t  ha, which  indicates  soil erosion is  medium on 
average.  It  is  important  to  note  that  these  figures  are 
the  output  of  a  model  run  at  EU  level  and  therefore 
should  not  be  considered  as  values  measured  in-situ. 
The  actual  soil  loss  rate  can  vary  widely  within  the 
Member State depending on local conditions.  

Soil  organic  matter  plays  an  important  role  in  the 
carbon cycle and in climate change. Soils are the second 
largest carbon sink in the world after the oceans. 

To  face  all  these  challenges,  as  part  of  the  European 
Green  Deal  initiatives,  the  Commission  has  adopted  in 
November  2021  the  new  EU  Soil  Strategy  for  203042, 
Reaping  the  benefits  of  healthy  soils  for  people,  food, 
nature and climate. 

Forests and timber 

The EU Forest Strategy for 2030, adopted in July 2021, is 
part  of  the  ‘Fit  for  55’  package.  The  strategy  promotes 

Portugal  13 

the many services that forests provide. Its key objective 
is  to  ensure  healthy,  diverse  and  resilient  EU  forests 
that  contribute  significantly 
the  strengthened 
to 
biodiversity and climate ambitions.  
Forests are important carbon sinks and conserving them 
is vital if the EU is to achieve climate neutrality by 2050. 

Out  of  the  27%  of  EU  forest  area  protected  under  the 
Habitats Directive, less than 15% of assessments show a 
favorable  conservation  status43.  The  share  of  forested 
areas in the EU with a bad conservation status increased 
from 27% in 2015 to 31% in 2018. 

In Portugal, forests cover 37.21% of territory44 and more 
than 90% of the forest habitats assessments covered by 
the  Habitats  Directive  reveal  a  bad  to  poor  status45 
(Figure 12). 24.000 ha in Portugal is covered by primary 
forests46. 

Figure  12:    Conservation  status  of  forests  protected 
under  the  Habitats  Directive  in  EU  Member  States, 
2013-2018 (% assessments)47 

The  European  Union  Timber  Regulation  EUTR)48 
prohibits  the  placing  on  the  EU  market  of  illegally 
harvested  timber.  According  to  the  EUTR,  EU  Member 
States’  competent  authorities  must  conduct  regular 
checks on operators and traders, and apply penalties for 
non-compliance.  With  the  amendment  of  Article  20  of 
the EUTR, reporting every 2 years has been changed to 
become annual reporting, and covers the calendar year 
as of 2019. 

39 UNCCD, The LDN Target Setting Programme 
40  Ana  Paya  Perez,  Natalia  Rodriguez  Eugenio  (2018),  Status  of  local 
soil  contamination  in  Europe:  Revision  of  the  indicator  “Progress  in 
the management Contaminated Sites in Europe”. 
41  Panagos,  P.,  Borrelli,  P.,  Poesen,  J.,  Ballabio,  C.,  Lugato,  E., 
Meusburger, K., Montanarella, L., Alewell, C., The new assessment of 
soil loss by water erosion in Europe, (2015) Environmental Science and 
Policy, 54, pp. 438-447. 
42 See the EU Soil Strategy for 2030 

43 EEA, State of Nature in the EU. 
44 EEA, Forest information system for Europe. 
45 COM SWD (2021) 652 
46 JCR, Mapping and assessment of primary and old-growth forests in 
Europe, p. 13. 
47  European  Environment  Agency,  Conservation  status  and  trend  in 
conservation status by habitat group - forests, January 2022. 
48  Regulation  (EU)  No  995/2010  of  the  European  Parliament 
and of the Council of 20 October 2010. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
Portugal  14 

the  above  report  identified  some  challenges  and  areas 
for improvement. 

Given  that  the  deadlines  for  implementing  the  various 
obligations  of  the  IAS  Regulation  applied  gradually 
between  July  2016  and  July  2019,  it  is  premature  to 
draw 
the 
implementation of the IAS Regulation. 

several  aspects  of 

conclusions  on 

A  202153  on  the  baseline  distribution  shows  that  from 
the 66 species on the Union list, 24 have been observed 
in  the  environment  in  Portugal.  The  spread  can  be 
checked in the next figure. 

Figure  13:  Number  of  invasive  alien  species  of  EU 
concern, 
georeferenced 
based 
information for Portugal, 2021 

available 

on 

In  the  period  March  2017  –  February  201949,  Portugal 
carried  out  97  checks  on  domestic  timber  operators.  It 
also  carried  out  40  checks  on  operators  importing 
timber. 
is  estimated  that  Portugal  had  1.056 
operators placing domestic and 4.144 operators placing 
imported  timber  types  onto  the  internal  market  over 
the reporting period. 

It 

The  new  Deforestation  Regulation50  will  repeal  and 
replace  the  EU  Timber  Regulation,  as  it  will  essentially 
integrate and improve the existing system to  check the 
legality of timber. 

Invasive alien species (IAS) 

in 

and 

land 

changes 

IAS  are  a  key  cause  of  biodiversity  loss  in  the  EU 
use, 
sea 
(alongside 
overexploitation, climate change and pollution).  
Besides  inflicting  major  damage  on  nature  and  the 
economy,  many  IAS  also  facilitate  the  outbreak  and 
spread of infectious diseases, posing a threat to humans 
and wildlife.  
The  implementation  of  the  EU  Invasive  Alien  Species 
Regulation  and  other  relevant 
legislation  must  be 
stepped up.  
The  biodiversity  strategy  for  2030  aims  to  manage 
recognised  invasive  alien  species  and  decrease  the 
number of ‘red list’ species they threaten by 50%.. 

The  core  of  the  IAS  Regulation  (EU)  1143/201451  is  the 
list of Invasive Alien Species of Union concern. 

The total number of invasive alien species (IAS) of Union 
concern is currently 66, of which: 30 are animal species 
and  36  are  plant  species;  41  are  primarily  terrestrial 
species,  23  are  primarily  freshwater  species,  1  is  a 
brackish-water species and 1 is a marine species.  

According  to  a  2021  report52  on  the  review  of  the 
application of the IAS Regulation based on reports that 
Member States submitted for the period 2015-2018, the 
implementation of the IAS Regulation is already starting 
its  objectives  such  as  a  coherent 
to  deliver  on 
framework for addressing IAS at EU level and increased 
awareness  of  the  problem  of  invasive  alien  species, 
including  among  the  general  public.  At  the  same  time, 

49 COM/2020/629 final 
50  Proposal  for  the  Regulation  on  the  making  available  on  the  EU 
market  and  export  of  products  associated  with  deforestation  and 
forest degradation. 
51  Regulation  (EU)  No  1143/2014  of  the  European  Parliament  and  of 
the Council of 22 October 2014 on the prevention and management of 
the introduction and spread of invasive alien species 
52  Report  from  the  Commission  to  the  European  Parliament  and  the 
Council  on  the  review  of  the  application  of  Regulation  (EU)  No 
1143/2014. COM (2021) 628 final, 13.10.2021. 

An infringement procedure is ongoing as Portugal failed 
to  establish  and  implement  one  single  action  plan  or  a 
set  of  action  plans  fulfilling  the  requirements  specified 
in Article 13 of of the IAS Regulation by 13 July 2019 and 
to transmit it/them to the Commission without delay. 

2022 priority actions 

 

Portugal  needs  to  complete 
its  Natura  2000 
network  on  the  basis  of  the  existing  knowledge, 
and  to  complete  the  designation  of  SACs,  making 
sure  that  the  legislation  that  designates  the  SACs 

53  Cardoso  A.C.,  Tsiamis  K.,  Deriu  I.,  D'  Amico  F.,  Gervasini  E.,  EU 
Regulation 1143/2014:  assessment  of  invasive  alien species of  Union 
concern  distribution,  Member  States  reports  vs  JRC  baselines,  EUR 
30689  EN,  Publications  Office  of  the  European  Union,  Luxembourg, 
2021, ISBN 978-92-76-37420-6, doi:10.2760/11150, JRC123170. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
 
                                                                 
Portugal  15 

Portugal’s 

Commission 

2018 
assessed 
The 
determinations of GES for each MSFD’s 11 descriptors56 
and  determined  their  level  of  adequacy  in  relation  to 
the  Commission  GES  Decision57.  A  good  or  very  good 
score indicates that the national determinations of GES 
are  well  aligned  with  requirements  of  the  Commission 
GES  Decision,  providing  qualitative  and  quantitative 
national  environmental  objectives  to  be  achieved  for 
their marine waters. 

Figure  14:  Level  of  adequacy  of  GES  determination  by 
Portugal (ABI and AMA regions) with criteria set under 
the  Commission  GES  Decision  –  article  9  (2018 
reporting exercise)58 

includes  all  the  necessary  information,  namely  on 
the  habitat  types  and  species  protected  in  each 
area. 
It is also urgent that adequate management  plans, 
which  identify  site-specific  conservation  objectives 
and  measures  for  each  area  are  put  in  place  and 
that  the  actual  management  of  the  Natura  2000 
sites is fully in line with those management plans. 
The management plans to be set up or revised need 
to  take  full  account  of  the  main  pressures  and 
threats  in  each  area  and  identify  the  necessary 
measures  to  address  those  pressures  and  threats 
that  conservation  status  can 
adequately,  so 
improve significantly. 
Strengthen the integration of biodiversity concerns 
into  other  policies  (in  particular  in  agriculture,  but 
also  in  fisheries,  urban  and  infrastructure  planning 
and sustainable tourism). 
Take  additional  measures  to  fight  against  land 
degradation, soil erosion and desertification. 

 

 

 

 

  Adopt  and implement  actions plans as required by 

the Invasive Alien Species Regulation. 

Marine ecosystems 

The  EU  Biodiversity  Strategy 
for  2030  aims  to 
substantially  reduce  the  negative  impacts  on  sensitive 
species  and  habitats  in  marine  ecosystems  and  to 
achieve good environmental status as well as eliminate 
or 
incidental  catches  of  protected, 
endangered, threatened and sensitive species to a level 
that allows species recovery and conservation54. 

reduce 

the 

The  Marine  Strategy  Framework  Directive  (MSFD)55 
requires Member States to achieve Good Environmental 
Status  (GES)  of  their  marine  waters.  To  that  end, 
Member  States  have  to  develop  marine  strategies  for 
their marine waters, and cooperate with Member States 
sharing  the  same  marine  region  or  subregion.  These 
marine  strategies  comprise  different  steps  to  be 
developed and implemented over six-year cycles. 

Among  other  obligations,  the  MSFD  requires  Member 
States  by  15  October  2018  to  define  a  set  of  GES 
characteristics  for  each  descriptor  (article  9),  and  to 
provide  an  initial  assessment  of  their  marine  waters 
(article  8).  The  Commission  then  assesses  whether  this 
constitutes  an  appropriate  framework  to  meet  the 
requirements of the Directive. 

54  The  EU  Common  Fisheries  Policy  (CFP)  aims  to  contribute  to  the 
achievement  of  the  objectives  of  the  environmental  legislation  for 
marine ecosystems. 
55 Marine Strategy Framework Directive 2008/56/EC 

Portugal is included in two marine sub-regions: 

  ABI-NE Atlantic: Bay of Biscay and Iberian Coast. In 
this marine sub-region,  4 out of 11 determinations 
of  GES  were  assessed  as  good  or  very  good.  The 
is 
national  determination  of  GES  by  Portugal 
coherent for 4 out of 11 descriptors. 

  AMA-NE Atlantic: Macaronesia. In this marine sub-
region,  10  out  of  11  determinations  of  GES  were 
assessed  as  good  or  very  good.  The  national 

56 Annex I of Directive 2008/56/EC. 
57  Commission  Decision  (EU)  2017/848  laying  down  criteria  and 
methodological  standards  on  good  environmental  status  of  marine 
waters  and  specifications  and  standardised  methods  for  monitoring 
and assessment, and repealing Decision 2010/477/EU. 
58  Assessment  carried  out  by  the  European  Commission  of  the  data 
reported by the Member States, January 2022. Please note that only 
two sub-sections of descriptor D1 are displayed (D1-M Mammals and 
D1-B Birds). For the analysis, these two sub-sections were considered 
as a whole after averaging them.  

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
Portugal  16 

determination of GES by Portugal is coherent for 10 
out of 11 descriptors. 

adopted  and  another  one  on  regional  cooperation, 
which have been partially adressed. 

The  MSFD  also  requires  that  Member  States  make  an 
assessment of the current environmental status of their 
marine waters in relation to the determination of GES. A 
good  or  very  good  score  indicates  Member  States  has 
good capabilities to assess their marine environment in 
in  the 
accordance  with  the  requirements  set  out 
Commission GES Decision. 

Figure  15:  Level  of  adequacy  of  initial  assessment  of 
Portugal’s marine environment (ABI and AMA regions) 
with criteria set under the Commission GES Decision – 
article 8 (2018 reporting exercise)59 

the  MSFD60,  while 

As  highlighted  in  the  Commission’s  report  on  the 
regional 
implementation  of 
cooperation  has  improved  since  the  adoption  of  the 
MSFD,  more  cooperation 
is  needed  to  attain  full 
regional coherence of the marine strategies, as required 
by  the  Directive.  Furthermore,  in  March  2022,  the 
European Commission published a Communication with 
recommendations for Member States.  The Commission 
assessment highlights that Member States need to step 
up  their  efforts  to  determine  the  good  environmental 
status  and  the  use  of  the  criteria  and  methodological 
standards  according  to  the  Commission  GES  Decision. 
The  above  considerations  form  the  basis  for  the  2022 
priority actions. 

2022 priority actions 

 

 

Ensure  regional  cooperation  with  Member  States 
sharing  the  same  marine  (sub)region  to  address 
predominant pressures. 
Implement  the  recommendations  made  by  the 
in  the  Staff  Working  Document61 
Commission 
accompanying 
on 
recommendations  per  Member  States  and  region 
on the 2018 updated reports for Articles 8, 9 and 10 
of the MSFD. 

Communication62 

the 

In the marine sub-region ABI-NE Atlantic: Bay of Biscay 
and  Iberian  Coast,  5  descriptors  out  of  11  were  scored 
as  good  or  very  good.  Portugal’s  assessment  of  its 
marine  environment  is coherent  with requirements  set 
under  the  Commission  GES  Decision  for  5  out  of  11 
descriptors. 

the  marine 

In 
sub-region  AMA-NE  Atlantic: 
Macaronesia,  7  descriptors  out  of  11  were  scored  as 
good or very good.  Portugal’s assessment  of its marine 
environment  is  coherent  with  requirements  set  under 
the  Commission  GES  Decision 
for  7  out  of  11 
descriptors. 

In  the  2019  EIR,  the  Commission  suggested  Portugal  a 
couple of priority actions related to the measures to be 

Ecosystem assessment and accounting 

The  EU  Biodiversity  Strategy  for  2030  calls  on  Member 
States  to  better  integrate  biodiversity  considerations 
into  public  and  business  decision  making  at  all  levels 
and  to  develop  natural  capital  accounting.  EU  needs  a 
better performing biodiversity observation network and 
more  consistent 
the  condition  of 
reporting  on 
ecosystems. 

The  ecosystem  assessment 
is  an  analysis  of  the 
pressures  and  the  condition  of  terrestrial,  fresh-water 
and marine ecosystems and their services using spatially 
explicit  data  and  comparable  methodology  based  on 
European data about the functions of ecosystem assets 
and the ecosystem services they produce, using relative 
to the baseline year 2010. 

The ecosystem accounting is built on five core accounts 
(ecosystem  extent,  ecosystem  condition,  physical 
ecosystem  services,  monetary  ecosystem  services  and 

59 Idem. 

60 COM(2020)259  
61 SWD(2022)1392. 
62 COM(2022)550. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
                                                                 
                                                                 
monetary  ecosystem  assets).  These  accounts  are 
compiled  using  indicators  of  ecosystem  assets  and  the 
ecosystem services they produce. 

regional  ecosystem 
Portugal  has  carried  out  a 
assessment in Alentejo, but upscaling to national level is 
still  lacking  and  a  comprehensive  approach  is  needed. 
Portugal  has  a 
lot  of  fragmented  experience  and 
interest  from  the  local  level,  NGOs,  universities  and 
other  stakeholders.  The  government  launched  several 
initiatives taking on board the importance of ecosystem 
services and natural capital for growth and jobs, such as 
green  economy  initiative,  green  tax  reforms,  TEEB 
approaches and an ecosystem services assessment. 

A long-term process was to  begin in 2016  covering the 
territory  of  the  Portuguese  mainland.  Developing  a 
network platform was part of this effort. 

Portugal  has  not  provided  updated  information  and 
therefore no progress has been recorded since January 
2016.  This  assessment  is  based  on  27  implementation 
questions and updated every six months. 

Figure 16: ESMERALDA MAES Barometer (January 2016 
- March 2021)63 

Ecosystem  assessment  has  been  extended  to  5  EU 
outermost  regions  (including  Azores)  and  10  overseas 
territory assessment. 

Business  and  Biodiversity  platforms,  networks  and 
communities of practice are key tools for promoting and 
facilitating  natural  capital  assessments  (NCA)  among 
business and financial service providers for instance via 
the  Natural  Capital  Protocol  of  the  Natural  Capital 
Coalition64.  NCA  helps  private  business  to  better 
understand  and  value  not  only  their  impacts  but  also 
their dependencies on nature and thereby contributing 
to  the  EU  Biodiversity  Strategy.  At  EU  level65  and  in  a 
number of the Member States – however not all - such 

63  European  Commission,  Joint  Research  Centre,  EU  Ecosystem 
assessment: summary for policymakers, page 80, May 2021. 
64 Natural Capital Coalition, Natural Capital Protocol 
65  Business  and  Biodiversity,  The  European  Business  and  Biodiversity 
Campaign aims to promote the business case for biodiversity in the EU 
Member  States  through  workshops,  seminars  and  a  cross  media 
communication strategy. 

Portugal  17 

platforms have been established. 

The  Initiative  on  Business  and  Biodiversity66,  a  national 
platform  in  Portugal  aims  to  promote  the  introduction 
of  biodiversity  strategies  within  businesses  through 
voluntary arrangements. 

2022 priority actions 

 

Continue  supporting  the  mapping  and  assessment 
of  ecosystems  and  their  services,  and  ecosystem 
accounting  development, 
through  appropriate 
indicators to integrate ecosystem extent, condition 
and services (including some monetary values) into 
national  accounts.  Continue 
the 
development  of  national  business  and  biodiversity 
including  natural  capital  accounting 
platforms, 
impact  of 
systems  to  monitor  and  value  the 
business on biodiversity. 

supporting 

66 Portugal, Initiative on Business and Biodiversity 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
 
 
                                                                 
Portugal  18 

3. Zero Pollution 

Clean air 

its 

EU  clean  air  policies  and  legislation  need  to  significantly 
improve air quality in the EU, moving the EU closer to the 
quality recommended by the WHO and curbing emissions 
of key air pollutants.  
Air  pollution  and 
impacts  on  ecosystems  and 
biodiversity  should  be  further  reduced  with  the  long-
term  aim  of  not  exceeding  critical  loads  and  levels.  This 
requires  strengthening  efforts  to  reach  full  compliance 
with EU clean-air legislation and defining strategic targets 
and actions for 2030 and beyond.  
The 2030 zero-pollution action-plan targets are to reduce 
the health impacts of air pollution by 55% and to reduce 
the  EU  ecosystems  threatened  by  air  pollution  by  25%, 
compared to 2005. 

for  most  pollutants 

emissions  reduction  commitments  for  all  air  pollutants 
covered  by  the  Directive  for  the  period  2020  to  2029  - 
and 
for  2030  onwards.  The 
projections  however  do  not  demonstrate  reaching  the 
2030  onwards  emission  reduction  commitments  for 
PM2.5. Latest  inventory data submitted by Portugal, prior 
to review by the Commission, indicate that Portugal is in 
compliance  with  the  emission  reduction  commitments 
for  NOx,  NMVOC,  SO2  and  PM2.5,  and  in  non-compliance 
with  the  emission  reduction  commitment  for  NH3  in 
2020. 

Portugal has submitted its National  Air Pollution Control 
Programme (NAPCP) on 1 April 2019. 

Figure  17:  Emission  trends  of  main  pollutants/  GDP  in 
Portugal, 2005-201975 

The  EU  has  developed  a  comprehensive  suite  of  air 
quality  legislation,  which  establishes  health-based  air 
quality 
reduction 
and 
commitments68  per  Member  State  for  a  number  of  air 
pollutants. 

standards67 

emission 

Air  quality  in  Portugal  continues  to  give  cause  for 
concern. The latest available annual estimates (for 2019) 
from  the  European  Environment  Agency69  indicate  that 
around 4.900 premature deaths per year (or 51.100 years 
of  life  lost  (YLL))  can  be  attributed  to  fine  particulate 
matter  concentrations70,  270  (2.900  YLL)  to  ozone 
concentration71 and 540 (5.600 YLL) to nitrogen dioxide72 
concentrations73.  

The  emissions  of  key  air  pollutants  have  decreased 
significantly  in  Portugal  over  the  last  years,  while  GDP 
growth  continued  (Figure  17).  According  to  the  latest 
projections  as  submitted  under  Article  10(2)  of  the 
National  Emission  Reduction  Commitments  Directive 
(NECD74),  Portugal  forecasts  that 
it  will  meet  the 

67 European Commission, 2016. Air Quality Standards 
68 Reduction of national emissions of atmospheric pollutants. 
69 European Environment Agency. Air Quality in Europe – 2021 Report. 
Please  see  details 
in  this  report  as  regards  the  underpinning 
methodology, p.106. 
70  Particulate  matter  (PM)  is  a  mixture  of  aerosol  particles  (solid  and 
liquid) covering a wide range of sizes and chemical compositions. PM10 
(PM2.5) refers to  particles with a  diameter  of  10  (2.5) micrometres or 
less. PM is emitted from many human sources, including combustion. 
71 Low-level ozone is produced by photochemical action on pollution. 
72  NOx  is  emitted  during  fuel  combustion  e.g.  from  industrial  facilities 
and  the  road  transport  sector.  NOx  is  a  group  of  gases  comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 
73  Please  note  that  these  figures  refer  to  the  impacts  of  individual 
pollutants, and to avoid double-counting cannot be added up to derive 
a sum.  
74 Directive 2016/2284/EU   

Figure  18:  PM2.5  and  NOx  emissions  by  sector  in 
Portugal (2019)76 

75 European Environment Agency. 
76 European Environment Agency. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
 
 
                                                                 
Portugal  19 

of  air  pollutants,  to  reduce  adverse  air  pollution 
impacts  on  health  and  economy  with  a  view  to 
reaching WHO guideline values in the future. 
Portugal  is  strongly  encouraged  to  accelerate  the 
ratification  of  the  POPs  Protocol  under  the  UNECE 
Air Convention. 

 

Industrial emissions 

 The main objectives of EU policy on industrial emissions 
are to:  
(i) protect air, water and soil;  
(ii) prevent and manage waste;  
(iii) improve energy and resource efficiency;  
(iv) clean up contaminated sites.  
To  achieve  this,  the  EU  takes  an  integrated  approach  to 
the  prevention  and  control  of  routine  and  accidental 
industrial emissions. The cornerstone of the policy is the 
Industrial  Emissions  Directive  (IED)78.  The  Commission 
tabled a proposal  in April  202279. The revision seeks to 
improve the Directive’s contribution to the zero-pollution 
objective, as well as its consistency with climate, energy 
and circular economy policies. 

The  overview  of  industrial  activities  regulated  by  IED 
below  is  based  on  data  reported  to  the  EU  Registry 
(2018)80 

installations  are 
In  Portugal,  around  740 
required  to  have  a  permit  based  on  the  IED.  The 
distribution of installations is shown in Figure 19. 

industrial 

The  industrial  sectors  in  Portugal  with  the  most  IED 
installations in 2018 were intensive rearing of poultry and 
pigs (35%), followed by food and drink production (14%), 
the  waste  management  sector  (14%),  surface  treatment 
of metals (10%) and mineral production (6%). 

78  Directive  2010/75/EU  covers  industrial  activities  carried  out  above 
certain thresholds. It covers the energy industry, metal production, the 
mineral and chemical industry, waste management, and a wide range of 
industrial  and  agricultural  sectors  (e.g.  intensive  rearing  of  pigs  and 
poultry, pulp and paper production, painting and cleaning). 
79 
 European  Commission,  proposal  for  a  revision  of  the  Industrial 
Emissions Directive, 4 April 2022. The revision of the IED is performed in 
parallel to the revision of Regulation (EC) No 166/2006 on the European 
Pollutant Release and Transfer Register (E-PRTR). 
80 European Environment Agency, European Industrial Emissions Portal. 

For the year 2020, no exceedances above the limit values 
established by the Ambient  Air Quality Directive (AAQD) 
were  registered  for  nitrogen  dioxide  (NO2),  particulate 
matter 
(PM2.5). 
However,  for  several  air  quality  zones  the  target  values 
for ozone concentration have not been met77. 

fine  particulate  matter 

(PM10),  or 

Persistent  breaches  of  air  quality  requirements,  which 
have severe negative effects on health and environment, 
are  being  followed  up  by  the  European  Commission 
through infringement  procedures (mainly over PM10 and 
NO2 exceedances) covering all Member States concerned, 
including  Portugal.  The  European  Commission  has 
referred Portugal to the Court of Justice of the European 
Union  over  exceedances  of  NO2  limit  values.  The  aim  is 
that appropriate measures are put in place to bring all air 
quality zones into compliance. 

Portugal  has  not  yet  ratified  the  Protocol  on  persistent 
organic  pollutants  (POPs)  under  the  United  Nations 
Economic  Commission 
(UNECE)  Air 
Convention. 

for  Europe 

In  the  2019  EIR,  Portugal  received  two  priority  actions, 
related to the  upcoming  NAPCP and the need to reduce 
the  main  emission  sources  for  the  main  pollutants 
through targeted actions. Although the NACPCP has been 
adopted,  there  has  been  limited  progress.  Therefore, 
priority  action  in  this  regard  are  still  pertinent  together 
with the other new ones. 

2022 priority actions 

 

 

Take,  in  the  context  of  the  National  Air  Pollution 
towards 
Control  Programme 
reducing  emissions 
sources 
mentioned above. 
Ensure  full  compliance  with  the  EU  air  quality 
standards and maintain downward emissions trends 

(NAPCP),  actions 
the  main 
from 

77 European Environment Agency, Eionet Central Data Repository 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
                                                                 
Figure  19:  Number  of  IED  industrial  installations  per 
sector in Portugal, 201881 

Figure 20: Emissions to air from IED sectors  and rest of 
national total air emissions in Portugal, 201882 

Portugal  20 

The  industrial  sectors 
identified  as  contributing  the 
largest  burden  to  the  environment  for  emissions  to  air 
were the power sector for Sulphur Oxides (SOx), Nitrogen 
Oxides (NOx), Arsenic (As), Chromium (Cr), Mercury (Hg) 
and Nickel (Ni); pulp and paper production for Particulate 
Matter  (PM2.5),  Zinc  (Zn)  and  SOx;  surface  treatment 
using organic solvents for Non Methane Volatile Organic 
Compounds  (NMVOCs);  intensive  rearing  of  poultry  or 
pigs  for  Ammonia  (NH3);  other  solvent  use  for  dioxins; 
non-ferrous metals (stationary combustion) for Hg; other 
(Cu);  mineral 
industrial  product  use 
production for Chromium (Cr), Lead (Pb), Nickel (Ni), Zn, 
NOx and PM2.5; metal production for Cadmium (Cd), Lead 
(Pb), Zn and waste management for dioxins.  

for  Copper 

The  breakdown,  based  on  E-PRTR  data,  is  presented  in 
the figure below. 

The  environmental  burdens  for  industrial  emissions  to 
water  mainly  result  from  the  production  of  pulp  and 
paper  for  nitrogen,  phosphorous  and  total  organic 
carbon,  and 
from  waste  management  activities, 
refineries  and  non-ferrous  metals  industries  in  case  of 
heavy  metals.  The  breakdown,  based  on  E-PRTR  data,  is 
presented in the figure below.  

The European Environment Agency in its report on ‘Costs 
of  air  pollution  from  European  industrial  facilities  2008–
2017’83,  has  identified  the  coal-firing  thermal  power 
station  in  Sines  as  one  of  the  30  industrial  facilities  in 
Europe  with  the  highest  absolute  damage  costs  from 
emissions  of  the  main  air  pollutants  and  greenhouse 
gases in 2017. 

81  European  Environment  Agency,  EU  Registry,  European  Industrial 
Emissions Portal (data retrieved on 3 November 2021). 

82  European  Environment  Agency,  LRTAP,  Air  pollutant  emissions  data 
viewer  (Gothenburg  Protocol,  LRTAP  Convention)  1990-2019  (data 
retrieved on 3 November 2021).  
83  EEA  (2021).  Costs  of  air  pollution  from  European  industrial  facilities 
2008–2017. Eionet Report - ETC/ATNI 2020/4. The ranking is based on 
the  approach  accounting  for  the  value  of  a  life  year  (VOLY),  table  42, 
p.129 and table 44, p.140. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
 
                                                                 
Figure  21:  Relative  releases  to  water  from  industry  in 
Portugal84, 201885 

Figure 22: Number of inspections in IED installations  in 
Portugal in 201886 

Portugal  21 

The  EU  approach  to  enforcement  under  the  IED  creates 
direct  rights  for  the  public  to  have  access  to  relevant 
information  and  to  participate  in  the  permitting  process 
for potentially polluting installations. This empowers the 
public and NGOs to ensure that permits are appropriately 
granted  and  that  the  conditions  of  these  permits  are 
complied  with.  As  part  of  environmental  inspection, 
competent  authorities  undertake  site  visits  to 
IED 
installations  to  take  samples  and  to  gather  necessary 
information.  According  to  Article  23(4)  of  the  IED,  site 
visits must be carried out between once a year and once 
every three years, depending on the environmental risks 
posed  by  the  installations.  In  2018,  Portugal  undertook 
263  site  visits,  most  of  which  to  installations  for  the 
intensive  rearing  of  poultry  or  pigs  (27%),  followed  by 
waste  including  landfill  sites  (9%),  the  food  and  drink 
industries (8%), and energy installations (3%). 

84  The  heavy  metals  are  presented  both  as  a  weighted  sum  of  eco 
toxicity and human toxicity factors to illustrate both the ecological and 
human impact (based on USEtox). 
85  European  Environment  Agency,  E-PRTR,  European 
Industrial 
Emissions  Portal.  The  heavy  metals  are  presented  both  as  a  weighted 
sum  of  eco  toxicity  and  human  toxicity  factors  to  illustrate  both  the 
ecological  and  human  impact  (based  on  USEtox)  (data  retrieved  on  3 
November 2021). 

The  development  of  Best  Available  Techniques  (BAT) 
Reference  Documents  (BREFs)  and  BAT  Conclusions 
ensures  a  good  collaboration  with  stakeholders  and 
enables  a  better  implementation  of  IED87.  Since  the  last 
EIR  report,  BAT  Conclusions  were  adopted  for  Waste 
Incineration, for the Food, Drink and Milk Industries and 
for  Surface  Treatment  Using  Organic  Solvents  including 
Wood and Wood Products Preservation with Chemicals. 

The  Commission  relies  on  the  efforts  of  national 
competent  authorities  to  implement  the  legally  binding 
BAT  conclusions  and  associated  BAT  emission  levels  in 
environmental permits.This should result in considerable 
and continuous reduction in pollution.  

In  2019,  Portugal  received  priority  actions  to  review 
permits  and  to  strengthen  control  and  enforcement  to 
ensure compliance with newly adopted BAT Conclusions. 
The  Commission  has  followed  up  on  these  actions 
through the reporting by Portugal to the EU Registry. The 
Commission 
is  currently  checking  with  Portugal  the 
reported information about the permits granted for each 
installation  in  the  scope  of  the  IED.  Another  priority 
action was to tackle air pollution from the power sector, 
which  is  still the case as  mentioned above and needs to 
be  addressed  by  the 
implementation  of  the  BAT 
Conclusions for large combustion plants by August 2021. 

2022 priority actions 

 

Continue  addressing  emissions  from  the  energy 
sector, especially from the Sines power plant. 

Major industrial accidents prevention, SEVESO 

The  main  objectives  of  EU  policy  on  the  prevention  of 
major industrial accidents are to: 
(i)  control  major  accident  hazards  involving  dangerous 

86  European  Environment  Agency,  EU  Registry,  European  Industrial 
Emissions Portal (data retrieved on 3 November 2021). 
87 European Commission BAT reference documents 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
substances, especially chemicals;  
(ii)  limit  the  consequences  of  such  accidents  for  human 
health and the environment;  
(iii)  continuously  improve  prevention,  preparedness  and 
response to major accidents.  
The  cornerstone  of  the  policy  is  Directive  2012/18/EU 
(the Seveso-III Directive88). 

industrial  plants 
The  overview  detailed  below  of 
regulated  by  the  Seveso-III  Directive,  hereafter  ‘Seveso 
establishments’, is based on data reported to the eSPIRS 
database  (2018)89  and  the  Portugal  report  on  the 
implementation of the Seveso-III Directive for the period 
2015-201890. 

In  Portugal,  among  the  191  Seveso  establishments,  126 
are categorised as lower-tier establishments (LTE) and 65 
as  upper-tier  establishments  (UTE)  –  based  on  the 
quantity  of  hazardous  substances  likely  to  be  present. 
The UTE are subject to more stringent requirements. The 
evolution  of  the  number  of  Seveso  establishments  is 
presented in Figure 23. 

Figure 23: Number of Seveso establishments in Portugal, 
2011, 2014 and 201891 

Portugal  22 

Figure 24: Situation regarding EEP in Portugal, 201892 

The  information  to  the  public  referred  to  in  annex  V  of 
the Seveso-III Directive – especially about how the public 
concerned  will  be  warned  in  case  of  a  major  accident  ; 
the  appropriate  behaviour  in  the  event  of  a  major 
accident  ;  and  the  date  of  the  last  site  visit  –  are 
permanently  available 
the  Seveso 
establishments in Portugal. 

for  100%  of 

The  share  of  UTE  for  which  information  on  safety 
measures  and  requisite  behaviours  were  actively  made 
available to the public over the last  years are presented 
in Figure 25.  

Figure 25: Share of UTE for which information on safety 
measures and requisite behaviours were actively made 
available  to  the  public  in  Portugal,  2011,  2014  and 
201893 

According to Portugal, the External Emergency Plan (EEP) 
is required for 65 UTE. In 2018, 51 UTE had an EEP and 51 
of  these  EEP  had  been  tested  over  the  last  3  years.  The 
summary  is  shown  in  Figure  24.  The  establishment  of 
EEPs 
is  essential  to  allow  proper  preparation  and 
effective  implementation  of  the  necessary  actions  to 
protect  the  environment  and  the  population  should  a 
major industrial accident nevertheless happen. 

2022 priority actions 

 

Strengthen  control  and  enforcement  to  ensure 
compliance  with  Seveso-III  Directive  provisions, 
especially on EEP. 

88 
 Directive 2012/18/EU on the control of major accident hazard involving 
dangerous substances. 
89 European Commission, Seveso Plants Information Retrieval System. 
90 As provided for by Article 21(2) of the Seveso-III Directive 
91 European Commission, Assessment and summary of Member States’ 
Implementing  Decision  2014/896/EU 
implementation  reports  for 
(implementing  Directive  2012/18/EU  on  the  control  of  major  accident 
hazards involving dangerous substances), 2022. 

92 Idem. 
93 Idem. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
 
 
 
 
 
                                                                 
Noise 

The  Environmental  Noise  Directive94  provides  for  a 
common  approach  to  avoid,  prevent  and  reduce  the 
harmful  effects  of  exposure  to  environmental  noise 
although  it  does  not  set  noise  limits  as  such.  The  main 
instruments  it  uses  in  this  respect  are  strategic  noise 
mapping  and  planning.  A  relevant  2030  zero  pollution 
action  plan  target  is  a  reduction  by  30%  of  the  share  of 
people 
transport  noise 
compared to 2017. 

chronically  disturbed  by 

Excessive noise from aircraft, railways and roads is one of 
the  main  causes  of  environmental  health‐related  issues 
in  the  EU.  It  produces  ischemic  heart  disease,  stroke, 
interrupted sleep, cognitive impairment and stress95. 

limited  set  of  data96, 
In  Portugal,  based  on  a 
environmental  noise  is  estimated  to  cause  at  least 
around 100 premature deaths and 400 cases of ischemic 
heart disease annually97. Moreover, some 90 000 people 
suffer  from  disturbed  sleep.    In  Portugal,  the  people 
exposed  to  noise  decreased  by  41%  between  2012  and 
2017.  On  the  basis  of  the  latest  full  set  of  information 
that 
of 
agglomerations,  roads  and  railways  remains  incomplete. 
Moreover,  Portugal  still 
lacks  action  plans  for  two 
agglomerations  and  some  roads  and  railways.  These 
instruments,  adopted  after  a  public  consultation,  should 
include the measures to keep noise low or reduce it.  

noise  mapping 

analysed, 

been 

has 

In the 2019 EIR, Portugal received two priority actions to 
complete  noise  maps  and  action  plans,  where  there  has 
been limited progress. Therefore, they are reiterated. 

The  Commission  launched  an  infringement  procedure 
the  Noise  Directive98.  The 
against  Portugal  on 
Commission  referred  the  case  to  the  Court  of  Justice  of 
the  European  Union99,  which  by  Judgment  of  31  March 
2022 has condemned Portugal for the failure to draw up 
certain  strategic  noise  maps  and  action  plans  for 
agglomerations,  major  road  sections  and  major  railway 
sections and failure to communicate a summary of those 

94 Directive 2002/49/EC 
95 WHO 2018, Environmental Noise Guidelines for the European Region. 
96  For  further  information:  European  Environment  Agency,  Noise  Fact 
Sheets 2021. 
97  These  figures  are  an  estimation  by  the  European  Environmental 
Agency  based  on  :  (i)  the  data  reported  by  Member  States  on  noise 
exposure  covered  by  Directive  2002/49/EC;  (ii)  ETC/ATNI,  2021,  Noise 
indicators under the Environmental Noise Directive 2021: Methodology 
for  estimating  missing  data,  ETC/ATNI  Report  No  2021/06,  European 
Topic Centre on Air Pollution, Transport, Noise and Industrial Pollution; 
(iii)  the  methodology  for  health  impact  calculations,  ETC/ACM,  2018, 
Implications of environmental noise on health and wellbeing in Europe, 
Eionet  Report  ETC/ACM  No  2018/10,  European  Topic  Centre  on  Air 
Pollution and Climate Change Mitigation. 
98 Infringement procedure 2017/2066.  
99 Case C-687/20 

Portugal  23 

action plans. The Portuguese authorities  has to take the 
appropriate measures  in order to comply with the terms 
of this judgment. 

2022 priority actions 

 
 

Complete noise mapping. 
Complete  action  plans  for  noise  management  of 
agglomerations, major roads and major railways. 

Water quality and management 

EU legislation and policy requires significant reduction of 
the impact of pressures on transitional, coastal and fresh 
waters (including surface and ground waters). Achieving, 
maintaining or enhancing good status of water bodies as 
defined  by  the  Water  Framework  Directive  will  ensure 
that  EU  citizens  benefit  from  high  standards  for  safe 
drinking  and  bathing  water,  and  that  the  nutrient  cycle 
(nitrogen  and  phosphorus) 
in  a  more 
sustainable and resource-efficient way. 

is  managed 

Water Framework Directive 

is 

(WFD)100 

the 
The  Water  Framework  Directive 
cornerstone of the EU water policy in the 21st century101. 
The WFD along with other water-related legislation102 set 
the  framework  for  sustainable  and  integrated  water 
management, which aims at a high level of protection of 
water resources, prevention of further deterioration and 
restoration to good status. 

By March 2022, Member States have to report  the third 
generation  of  River  Basin  Management  Plans  (RBMPs) 
under the WFD. The Commission will assess the reported 
status and progress, checking how the findings identified 
in  the  assessment  of  the  second  RBMPs103  have  been 
addressed.  Portugal  has  not  yet  reported  the  third 
RBMPs. 

The  Commission    published  in  December  2021  the  6th 
Implementation  Report104.  It  includes,  amongst  others, 
an 
the 
implementation of the Programmes of Measures and  on 

assessment 

progress 

interim 

on 

of 

100 The Water Framework Directive (2000/60/EC). 
101 The EU Water Policy. 
102  This 
includes  the  Groundwater  Directive  (2006/118/EC),  the 
Environmental  Quality  Standards  Directive  (2008/105/EC),  the  Floods 
Directive  (2007/60/EC),  the  Bathing  Water  Directive  (2006/7/EC),  the 
Urban  Waste  Water  Treatment  Directive  (91/271/EEC),  the  new 
Drinking  Water  Directive  (2020/2184/EC),  the  Nitrates  Directive 
(91/676/EEC),  the  Marine  Strategy  Framework  Directive  (2008/56/EC), 
the Industrial Emissions Directive (2010/75/EU) and the new Regulation 
on minimum requirements for water reuse (2020/741). 
103  Detailed  information  can  be  found  in  the  5th  Report  from  the 
Commission on the implementation of the Water Framework Directive 
and the Floods Directive, as well as in the 2019 EIR. 
104 See the 6th Implementation Report of the WFD and FD. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
                                                                 
the  new  priority  substances.  The 
monitoring  of 
assessment  report  for  Portugal105  showed  that  most 
Portuguese River  Basin  Districts have already completed 
some  of  the  measures  envisaged  in  the  second  RBMPs. 
in 
However,  the 
Madeira is lagging behind. 

implementation  of  the  measures 

Based  on  the  2nd  RBMPs  reporting  and  data  published 
2020106,  in  Portugal  52.6%  of  all  surface  water  bodies107 
reach good ecological status (with unknown status 4.7%) 
and  only  25.1%  have  good  chemical  status  (with 
unknown  73.6%).  For  groundwaters,  9.3%  failed  to 
achieve  good  chemical  status  and  2.6%  are  in  poor 
quantitative status. 

Figure  26  illustrates  the  proportion  of  surface  water 
bodies  in  Portugal  and  other  European  countries  that 
failed to achieve good ecological status. 

Figure  26:  Proportion  of  surface  water  bodies  (rivers, 
lakes, transitional and coastal waters) in less than good 
ecological status per River Basin District108 

Portugal  24 

Figure  27.  Percentage  of  surface  water  bodies  not 
achieving good chemical status109 

Under  the  IED  framework,  it  should  be  stressed  that 
Portugal  showed  over  the  last  decade  a  significant 
decrease  (15.9%)  in  industrial  releases  of  heavy  metals 
like Cd, Hg, Ni, Pb and in Total Organic Carbon, TOC (38%) 
to water110. 

Total  water  abstracted  annually  (corresponding  to  2019 
in Portugal  from  surface  and  groundwater 
baseline) 
sources is 5.407.85 hm3  (EEA,  2022).  The  percentage  for 
water  abstraction  per  sector  is  70.64%  for  agriculture, 
14.56%  for  public  water  supply,  11.7%  for  electricity, 
3.09%  for  manufacturing,  as  illustrated  in  the  following 
Figure.  Portugal  uses  a  register  to  control  water 
abstractions.  According  to  the  Portuguese  Law  58/2005 
(Water  Law),  permits  are  required  as  a  general  rule.  A 
simple  communication  to  authorities  is  necessary  even 
for  small  extraction  with  no  significant  impacts  in  water 
quality. 

Figure  27  presents  the  percentage  of  surface  water 
bodies  in  Portugal  and  other  European  countries  failing 
to  achieve  good  chemical  status.  For  Portugal,  the 
percentage  is  1.3%,  if  one  includes  water  bodies  failing 
due 
to  substances  behaving  as  ubiquitous  PBTs 
(Persistent, Bio-accumulative, and Toxic). Without uPBTs, 
the percentage of surface water bodies failing to achieve 
good chemical status remains the same. 

105  European  Commission,  Directorate-General 
for  Environment, 
Assessment  of  Member  States’  progress  in  Programmes  of  Measures 
during  the  second  planning  cycle  of  the  Water  Framework  Directive. 
Member State: Portugal, 2022. 
106 See WISE - Freshwater 
107  Rivers, lakes, transitional, coastal, territorial. 
108 European Environment Agency, 2021.  

109 European Environment Agency, December 2019. 
110 European Environment Agency, June 2021. 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
Figure 28. Water abstraction per sector in Portugal111 

In Portugal, the water exploitation index plus (WEI+)112 is 
12.67%  (corresponding  to  year  2017),  which  is  less  than 
20% that is generally considered as an indication of water 
scarcity113, although it ranks above the EU average. 

Figure  29.  Water  exploitation  index  plus  (WEI+)  inside 
EU, 2017114 

Portugal  has  recently  approved  a  policy  to  produce 
reclaimed  water  to  be  used  in  multiple  non-potable 
purposes115.  This  is  a  positive  initiative  and  can  be 
highlighted as a good practice. 

Floods Directive 

As  mentioned,  the  Commission  published  in  December 
2021 the 6th Implementation Report. It includes, amongst 
others,  the  review  and  update  of  the  Preliminary  Flood 
Risk Assessments during the second cycle (2016-2021). 

The  assessment  report116  showed  that  Portugal  has 

111European  Environment  Agency, Water  abstraction  by  source  and 
economic sector in Europe, 2022. 
112 The Water Exploitation Index plus (WEI+) is a measure of total fresh 
water  use  as  a  percentage  of  the  renewable  fresh  water  resources 
(groundwater and surface water) at a given time and place. It quantifies 
how  much  water  is  abstracted  and  how  much  water  is  returned  after 
use to the environment. 
113  By  May  2022,  EEA  will  develop  seasonal  WEI+  at  river  basin  and 
NUTS2  level,  which  provide  a  more  complete  picture  of  water  stress 
and water scarcity for each Member State. 
114 European Environment Agency, Water exploitation Index Plus, 2022. 
115 Decree-Law 119/2019, to be applied with Regulation (EU) 2020/741. 
116  European  Commission,  Directorate-General 
for  Environment, 
Assessment  of  Second  Cycle  Preliminary  Flood  Risk  Assessments  and 

Portugal  25 

developed  a  clear  methodology  for  defining  past  floods 
with  significant  adverse  impacts,  including  a  mechanism 
for  the  collection  of  detailed  information  on  the  impact 
of  flooding.  However,  the  assessment  of  potential 
including  a 
adverse  consequences  of  future  floods, 
quantitative  methodology  and  consideration  of  the 
effectiveness  of  manmade  infrastructures  needs  further 
improvement.  

Portugal  has  not  yet  reported  the  second  generation  of 
Flood Risk Management Plans (FRMPs) under the Floods 
Directive. The European Commission will assess progress 
since  the  adoption  of  the  first  Flood  Risk  Management 
Plans and publish a new report, as done in 2019. 

It can be highlighted as a good practice that Portugal has 
developed  an  online  platform  for  the  reporting  of  flood 
events  to  optimise  the  recording  of  occurrences  in  the 
field. 

Drinking Water Directive 

As  regards  the  Drinking  Water  Directive,  no  new 
assessment  of  the  quality  of  drinking  water  is  available 
since  the  EIR  2019.  The  quality  of  drinking  water  in 
Portugal has not been indicated as an area of concern. 

The recast Directive 2020/2184 entered into force on 12 
January 2021, Member States have until 12 January 2023 
to  transpose  it  into  their  national  legal  system.  Portugal 
will have to comply with the reviewed quality standards. 

Bathing Water Directive 

Regarding  the  Bathing  Water  Directive,  it  should  be 
highlighted  that  in  2020,  out  of  the  630  Portuguese 
bathing  waters,  89.2%  were  of  excellent  quality117. 
Detailed information on the Portuguese bathing waters is 
available  from a  national portal118 and via  an  interactive 
map viewer of the European Environment Agency. 

Identification  of  Areas  of  Potential  Significant  Flood  Risk  under  the 
Floods Directive : Member State : Portugal, 2022 
117  European  Environment  Agency,  2021.  State  of  bathing  waters  in 
2020 – Portugal country report. 
118  Portuguese  Environmental  Agency  (APA)  –  Bathing  waters  in 
Portugal 

Environmental Implementation Review 2022 – Portugal 

 
 
 
                                                                 
 
                                                                                                        
Figure  30:  Bathing  water  quality  in  Europe  in  the  2020 
season119 

tourism  that  depend  on  them.  Nevertheless,  excessive 
fertilisation remains a problem in many parts of the EU. 

Portugal  26 

Figure 31: Portugal, Bathing water quality 2017-2020120 

Portugal has a nitrogen and phosphorus surplus which is 
slightly  lower  than  the  EU  average.  The  network  of 
monitoring stations is concentrated in Nitrate Vulnerable 
Zones  (NVZ)  but  there  are  also  stations  outside  NVZ  to 
follow the development of the possible nitrates pollution. 
There is a high number of groundwater hotspots showing 
nitrates concentration above 50 mg/l in NVZ, also a high 
number  of  stations  show  an  increasing  trend.  A  high 
number of surface waters are affected by eutrophication 
of  which  very  high  number  is  outside  NVZ.  The  Action 
Programmes were revised in 2012123. 

Urban Waste Water Treatment Directive 

Over  the  years,  Portugal  has  encountered  difficulties 
implementing 
the  Urban  Waste  Water  Treatment 
Directive (UWWTD). 

last  available  data124,  the  overall 
According  to  the 
compliance rate in Portugal is 92%, which  is higher than 
the EU average of 76% in 2018 (see figure 32). Regarding 
the amount of urban wastewater which still needs to be 
collected or treated according to the requirements of the 
UWWTD, further efforts are needed to provide collection 
(0.1%),  biological 
(6.2%)  and  biological 
treatment  with  nitrogen  and/or  phosphorus  removal 
(14.8%). On the other hand, Portugal reuses only 1.2% of 
treated urban wastewater. 

treatment 

Figure 32: Proportion of urban waste water that meets 
all  requirements  of  the  UWWTD  (collection,  biological 
treatment,  biological  treatment  with  nitrogen  and/or 
phosphorus  removal)  in  compliant  urban  areas  of  the 
UWWTD (‘compliance rate’), 2018125 

Nitrates Directive 

The latest Commission Report on the  Implementation of 
the  Nitrates  Directive121,  referring  to  the  period  2016-
2019122,  warns  that  nitrates  are  still  causing  harmful 
pollution  to  water  in  the  EU.  Excessive  nitrates  in  water 
are  harmful  to  both  human  health  and  ecosystems, 
causing  oxygen  depletion  and  eutrophication.  Where 
national authorities and farmers have cleaned up waters, 
it has had a positive impact on drinking water supply and 
biodiversity,  and  on  the  sectors  such  as  fisheries  and 

Portugal 
is  the  only  EU  Member  State  which  has 
identified  "less  sensitive"  areas126,  or  areas  in  principle 

119 European Environment Agency – European Bathing Water Quality in 
2020, 2022. 
120  European  Environment  Agency,  European  Bathing  Water  Quality  in 
2017, 2018, 2019, 2020. 
121 Implementation of the Nitrates Directive in the EU. 
122 Last Implementation Report 2016-2019. 

123  Commission  SWD  accompanying  the  Implementation  Report  2016-
2019 on the Nitrates Directive – Fiche on Portugal. 
124 WISE – Country profiles on urban waste water treatment - Portugal. 
125 European Commission, WISE Freshwater, 2021. 
126  E.g.:  open  bays,  estuaries  and  other  coastal  waters  with  a  good 
water exchange. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
                                                                 
 
                                                                 
not  adversely  affected  by  wastewater  discharges  due  to 
their intrinsic features127. 

 

Portugal  27 

implementation  of  the  Urban  Waste 
Complete 
Water Treatment Directive for all agglomerations, by 
building  up  the  necessary  infrastructure,  as  well  as 
develop the potential of water reuse. 

Despite  the  improvement  in  compliance  throughout  the 
years,  for  which  the  use  of  EU  funding  has  been 
fundamental,  the  incomplete  implementation  of  the 
UWWTD has led to several rulings of the Court of Justice 
of  the  European  Union  against  Portugal.  Some  of  these 
cases,  including  one  paying  fines,  were  already  solved. 
However, there are two judgments of the Court of Justice 
not fully implemented. 

It  should  be  noted  that  Portugal 
is  preparing  the 
PENSAARP 2030, a new national  strategic Plan for water 
supply, wastewater and pluvial waters management. The 
Water  and  Waste  Services  Regulatory  Authority  (ERSAR) 
has developed a programme to collect a set of indicators 
on 
the  value,  knowledge  and  management  of 
infrastructure in order  to better understand the state of 
water  services’  assets  and  thereby  contribute  to  more 
rigorous  planning  and  decision  making  in  operation, 
maintenance and renovation. However, at  the  municipal 
the 
level, 
reorganisation  of  water 
supply  and  wastewater 
sanitation  services  has  not  yet  revealed  its  full  potential 
and  requires  additional  effort  to  create  economies  of 
scale  and  increase  technical  capacity.  Water  policies 
should  ensure  that  all  relevant  sectors  are  prepared  for 
future  climate  impacts,  which  requires  improvements  in 
monitoring  the  projected  water  availability  and  the 
integration of the water policy into the relevant sectoral 
policies. 

fragmented  and 

remains 

sector 

the 

The 2019 EIR for Portugal included six priority actions on 
water  management.  Considering  that  the  assessment  of 
the third cycle RBMPs will take some time, some of these 
are reiterated, and the following ones are suggested. 

2022 priority actions 

 

  New  physical  modifications  of  water  bodies  should 
be  assessed  in  line  with  Article  4(7)  of  the  WFD.  In 
these assessments alternative options and adequate 
mitigation measures have to be considered. 
Continue  current  efforts  to  further  reduce  nitrates 
pollution  from  agriculture  in  groundwater.  Portugal 
should revise and reinforce its action programmes to 
tackle  the  groundwater  pollution  in  hot  spots  and 
revise NVZ designation to address eutrophication of 
surface  waters  where  agriculture  pressure 
is 
significant. 
Efforts  should  be  made  to  improve  the  coordinated 
implementation  between  water,  marine  and  nature 
policies. 

 

127 Portugal reports regularly to the Commission on its areas identified 
as "less sensitive areas”: "Cabo da Roca/Estoril” and “Madeira Island”. 

Chemicals 

The EU seeks to ensure that chemicals are produced and 
used  in  a  way  that  minimises  any  significant  adverse 
effects  on  human  health  and  the  environment. 
In 
October  2020,  the  Commission  published  the  Chemicals 
Strategy  for  Sustainability  /  Towards  a  Toxic-Free 
environment128,  which  led  to  some  systemic  changes  in 
EU chemicals legislation. The strategy is part  of the EU's 
zero-pollution  ambition  –  a  key  commitment  of  the 
European Green Deal. 

legislation129  provides  baseline 
The  EU’s  chemicals 
protection for human health and the environment. It also 
for  businesses 
ensures  stability  and  predictability 
operating within the internal market. 

Labelling  and  Packaging 

Since 2007, the Commission has gathered information on 
the  enforcement  of  the  Regulation  on  the  Registration, 
Evaluation,  Authorisation  and  Restriction  of  Chemicals 
the  Regulation  on 
(the  REACH  Regulation)  and 
Classification, 
(the  CLP 
Regulation). In December 2020, the Commission assessed 
the  Member  States  reports  on  the  implementation  and 
enforcement  of  these  Regulations130,  in  line  with  REACH 
Article  117(1)  and  CLP  Article  46(2).  According  to  the 
latest  available  data,  national  enforcement  structures 
have  not  changed  much.  However,  it  is  apparent  from 
this  report  that  there  are  still  many  disparities  in  the 
REACH-CLP  implementation  and  notably  in  the  area  of 
the  law  enforcement.  The  recorded  compliance  levels 
seem  to  be  quite  stable  over  time,  but  with  a  slight 
worsening  trend  likely  due  to  enforcement  authorities 
being  more  effective 
in  detecting  noncompliant 
products/companies  and  more  non-compliant  products 
being put on the EU market. 

In August 2021, the Commission published a measurable 
assessment  of  the  enforcement131  of  the  two  main  EU 
Regulations  on  chemicals  using  a  set  of  indicators  on 
different aspects of enforcement. 

128 See the Chemicals Strategy, COM(2020) 667 final. 
129 The REACH Regulation – The CLP Regulation. 
130  Final  Report  on  the  operation  of  REACH  a  CLP.  Member  States 
reporting 2020. 
131  European  Commission,  REACH  and  CLP  enforcement:  EU  level 
enforcement indicators 

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Figure 33: Percentage % of non-compliance cases out of 
the  total  number  of  REACH  and  CLP  controls  during 
2019  per  Member  State  and  compared  to  the  EU 
average132 

2022 priority actions 

  Upgrade  the 

implementation  and  enforcement 
administrative capacities towards a zero tolerance to 
non-compliances. 

Portugal has various national enforcement authorities for 
REACH and CLP, depending on the scope: 
  General 

Inspectorate 

Agriculture, 

Sea, 

for 

Environment and Spatial  Planning (IGAMAOT), 
  Authority for Economic and Food Safety (ASAE), 
 
  Regional 

Tax and Customs Authority (AT), 
Inspectorate 

for  Environment  of  the 

Autonomous Region of Azores, 

  Regional  Directorate  for  Environment  and  Climate 
Change, 
Institute  of  Health  Administration  and 
Regional  Authority  for  Economic  Activities  of  the 
Autonomous Region of Madeira. 

Portugal  has  devised  and  partially  implemented  both 
REACH and CLP enforcement strategies. The Enforcement 
strategy  is  included  in  the  Annual  Plan  of  Activities  of 
IGAMAOT.  The  priorities  are  based  on  REF  and  pilots 
projects  and  results  from  past  years  inspections.  The 
Annual  report  on  enforcement  activities  is  conducted 
with  suggestions  for  enforcement  priorities  in  the  next 
years. 

As  a  rule,  all  infringements  of  REACH  are  classed  as 
serious  or  very  serious  environmental  administrative 
offences.  If  the  infringement  is  sufficiently  serious,  the 
competent  authority  may  decide  to 
impose  further 
penalties  in  addition  to  a  fine.  That  authority  may  also, 
where  necessary,  order  the  provisional  seizure  of  assets 
and documents. 

Inspectorate 

the  EU  average. 

In  Portugal,  only  11  staff  members  are  allocated  to 
REACH  and  CLP  enforcement,  under  the  General 
Environment 
(IGAMAOT).  Accordingly, 
REACH  and  CLP  controls  in  2019  remain  with  105  well 
Furthermore,  proactive 
below 
inspections  remain  far  below  average.  Although  the 
actual  level  of  expertise  has  increased  since  the  last 
reporting,  it  is  still  not  sufficient  for  some  specific  tasks 
under REACH, namely in relation to risk management and 
some specific areas of concern such as nanomaterials and 
endocrine  disruptors. 
the 
significant percentage of non-compliance cases out of the 
total  number  of  REACH  and  CLP  controls,  far  above  the 
average. 

It  should  be  mentioned 

132    European  Commission,  Final  Report,  on  the  operation  of  RREACH 
and CLP, pp.87-88, 2022. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
4. Climate Action

Portugal  29 

to 

(NDC) 

law  also 

In  line  with  the  Paris  Agreement  and  as  part  of  the 
European Green Deal, the European Climate Law sets the 
EU  target  of  reaching  climate  neutrality  by  2050  and 
reducing  greenhouse  gas  (GHG)  emissions  by  55%  by 
2030  compared  to  1990.  The 
limits  the 
contribution  that  carbon  removals  can  make  towards 
emission  reductions 
in  2030  to  ensure  a  sufficient 
mitigation effort.  
The  EU  and  its  Member  States  submitted  updated 
the 
nationally  determined  contributions 
UNFCCC in December 2020.  
The  EU  is  working  across  all  sectors  and  policies  to  cut 
GHG  emissions  and  make  the  transition  to  a  climate-
neutral  and  sustainable  economy,  as  well  as  addressing 
the unavoidable consequences of climate change.  
EU  climate  legislation  incentivises  emissions  reductions 
from  transport,  the  maritime  sector  and  fluorinated 
gases (F-gases) used in products.  
For  road  transport,  EU  legislation  requires  the  GHG 
intensity  of  vehicle  fuels  to  be  cut  by  6%  by  2020 
compared  to  2010133  and  sets  binding  GHG  emission 
standards for different vehicle categories134.  
Under the F-gas Regulation, the EU’s F-gas emissions will 
be cut by two thirds by 2030 compared with 2014 levels. 
From  2021,  emissions  and  removals  of  GHGs  from 
LULUCF have been included in the EU emission-reduction 
efforts.  
The  EU  adaptation  policy  is  an  integral  part  of  the 
European  Green  Deal.  From  2021,  Member  States  are 
required 
their  national  adaptation 
policies135,  as  the  EU  Climate  Law  recognises  adaptation 
as a key component of the long-term global response to 
climate change. Member States will be required to adopt 
national  strategies,  and  the  EU  will  regularly  assess 
progress  as  part  of  its  overall  governance  on  climate 
action. The updated EU adaptation strategy, published in 
February  2021,  sets  out  how  the  EU  can  adapt  to  the 
unavoidable  impacts  of  climate  change  and  become 
climate resilient by 2050. 

report  on 

to 

the  various  levels  of  governance,  with  regards  to  public 
policies, citizens and private sector.The work is consistent 
with the Carbon Neutrality Roadmap for 2050, and builds 
on  the  Portugal  Green  Growth  Commitment  and  the 
National Programme for Climate Change 2020/30 set up 
in 2015. Portugal’s  national objective is to reach carbon 
neutrality by 2050.  

In  its  Recovery  and  Resilience  Plan,  Portugal  allocates 
nearly 38% of the plan to climate objectives and outlines 
crucial  reforms  and  investments  to  further  the  green 
transition,  including  many  measures  for  decarbonisation 
of 
forest 
sustainable 
management (see more details in Chapter 5). 

transport, 

industry, 

and 

The National Adaptation Strategy was published in 2010 
and  revised  in  2015.  There  is  a  significant  shift  towards 
the development of Local Adaptation Strategies, with the 
project ClimAdaPT. There is a significant shift towards 
the  development  of  Local  Adaptation  Strategies, 
with the project ClimAdaPT, having led to 27 local 
adaptation  strategies.    In  2019,  Portugal  adopted  the 
Climate  Change  Adaptation  Action  Programme  and  is 
currently  preparing  a  national  adaptation  roadmap 
(planned for 2023-2024).  

The  country’s  total  greenhouse  gas  emissions  have 
decreased  by  1%  between  1990  and  2020.  Although  its 
economy  has  a  higher  emissions  intensity  than  the  EU 
average, emissions per capita are lower 

Figure  34:  Left  hand  side:  Total  greenhouse  gas 
emissions (incl. international aviation) in Portugal, 1990-
2020 

Key national climate policies and strategies 

Portugal  has  an  integrated  National  Energy  and  Climate 
Plan  (NECP)  for  the  years  2021–2030.  In  2021,  the  first 
Portuguese  Climate  Law  was  adapted,  which  recognizes 
the  climate  emergency  and  consolidates  the  objectives, 
principles and obligations, in respect to climate action, at 

133  The  Fuel  Quality  Directive  (Directive  98/70/EC)  sets  strict  quality 
requirements  for  fuels  used  in  road  transport  in  the  EU  to  protect 
human health and the environment, and to make road travel across the 
EU safer. 
134 Directive 98/70/EC. 
135 Article 29 of Regulation (EU) 2018/1999. 

Effort sharing target  

For emissions not covered by the EU ETS, Member States 
have  binding  national  targets  under  the  Effort  Sharing 
legislation 
the  period  2021-2030.  Under  EU 
legislation,  Portugal  has  a  target  of  limiting  increase  of 

for 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
 
Portugal  30 

in  the  non-ETS  sectors 
greenhouse  gas  emissions 
(buildings,  road  and  domestic  maritime  transport, 
agriculture,  waste  and  small  industries)  to  +1  by  2020 
and reduce emissions by 17% by 2030, compared to 2005 
levels.  The  country’s  ESR  emissions  in  2019  were  much 
below its 2020 target.  

In its National Energy and Climate Plan, Portugal intends 
to achieve more reductions than its current ESR target for 
2030 of -17%.  

advanced  biofuels,  incentivizing  the  development  and 
deployment  of  renewable  fuels  of  non-biological  origin 
and 
refining 
processes. 

reducing  upstream  emissions  before 

Road transport in 2019 represented  25% of the total 
greenhouse gas emissions. To further reduce emissions 
in  buildings,  more  building  renovation  programmes,  as 
included  in  Portugal’s  Recovery  and  Resilience  Plan,  are 
needed.  

Figure  35:  Emissions  and  targets  under  the  Effort 
Sharing Decision/ Effort Sharing Regulation  in Portugal, 
2020 and 2030 as percentage change from 2005. 

19  in  Portugal  represented  25%  of  the  total  greenhouse 
gas  emissions.  Emissions  have  decreased  by  12% 
compared to 2005.  

Figure  37:  Greenhouse  gas  emissions  by  sector  in 
Portugal136 
1990-2019,  
projections 2021-2030137 

emissions 

historical 

– 

Figure 36: Emissions, annual emission allocations (AEAs) 
and  accumulated  surplus/  deficit  of  AEAs  under  the 
Effort Sharing Decision in Portugal, 2013-2020 

Emissions  from  agriculture  have  increased  slightly  since 
2005. 

In the Land Use, Land Use Change and Forestry (LULUCF) 
sector,  Portugal 
increasing  net 
is  projected  to  see 
removals  by  2030.  Reported  quantities  under  the  Kyoto 
Protocol  for  the  LULUCF  sector  in  Portugal  show  net 
removals  of,  on  average,  -5.4  Mt  CO2-eq  for  the  period 
2013  to  2019.  In  this  regard,  Portugal  contributes  with 
1.6%  to  the  annual  average  sink  of  -344.9  Mt  CO2-eq  of 
the EU-27. 

Key sectoral developments 

In  road  transport,  the  GHG  intensity  of  vehicle  fuels  in 
Portugal has decreased by 3, 1% from 2010 to 2019. The 
country needs to act swiftly to meet the current EU-wide 
reduction  target  of  6%  by  2020.  There  are  several  types 
of action that Member States can take in this regard, for 
example, further expanding the use of electricity in road 
transport,  supporting  the  use  of  biofuels,  in  particular 

136  The  sectors  in  the  figure  correspond  to  the  following  IPCC  sectors: 
Energy supply: 1A1, 1B and 1C. Energy use in manufacturing industries: 
1A2.  Industrial  processes  and  product  use:  2.  Transport:  1A3.  Other 
energy  use:  1A4,  1A5  and  6.  Agriculture:  3.  Waste:  5.  International 
aviation: 1.D.1.a. 
137 European Environmental Agency, Total GHG trends and projections. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
Portugal  31 

competitive 

green  hydrogen  economy.  Favourable  conditions 
include  the  existence  of  a  modern  natural  gas 
renewable 
infrastructure, 
very 
electricity  production  prices  and  a 
strategic 
geographical location that facilitates exports. 
Speed up the renovation of buildings  
Take  full  advantage  of  the  opportunities  that  arises 
from 
Automotive 
manufacturing  is  a  major  employer,  and  Portugal 
could  benefit  from  investing  and  leading  in  low-
emission technology in this sector. 
Take  further  adaptation  measures  due  to  Portugal’s 
vulnerability to climate change effects. 

economy. 

greening 

the 

Figure  38:  Reported  and  accounted  emissions  and 
removals from LULUCF in Portugal 138 

 
 

 

Use of revenues from the auctioning of EU ETS 
allowances 

The  total  revenues  from  the  auctioning  of  emission 
allowances  under  the  EU  ETS  over  the  years  2012-2021 
were  about    EUR  1.7  billion.    In  Portugal,  all  revenues 
from  auctioning  are  channelled  to  the  Environmental 
Fund 
finances 
environmental  projects  that  may  or  may  not  be  directly 
related to climate objectives.  

revenues)  which 

(alongside  other 

2022 priority actions 

 

  Decarbonise  the  transport  sector.  Road  transport  in 
particular  continues  to  represent  a  large  share  of 
Portugal’s energy consumption.  
Further increase the uptake of renewables. Portugal 
has  ambitious  plans  to 
increase  the  role  of 
renewables,  notably  in  the  heating  and  cooling 
sector,  and  to  invest  in  small  scale  decentralised 
renewable  electricity  production. 
It  also  plans 
significant investments in hydrogen. There is room to 
further  diversify  renewable  energy  generation. 
Portugal  presents  unique  conditions  to  develop  a 

138  The  differences  between  reported  and  accounted  emissions  from 
LULUCF under the Kyoto Protocol are described in the ‘explanatory note 
on  LULUCF  –  accounted  and  reported  quantities  under  the  Kyoto 
Protocol’.   

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
 
 
Portugal  32 

Part II: Enabling framework: Implementation tools 

5. Financing 

Environmental 
European Union 

investment  needs 

in 

the 

on  the  levels  of  circularity  implemented.  The  annual 
biodiversity financing gap is estimated at around EUR  20 
billion. 

Financing  environmental  measures  is  essential  for  their 
success.  Although  most  financing  comes  from  national 
sources, various EU funds contribute significantly, helping 
to close the financing gaps.  

Post-2020,  environmental  implementation  will  also  be 
supported  by  the  EU’s  COVID-19  recovery  fund  (via  the 
RRF) and the ‘do no significant harm’ principle which runs 
across the EU budget. The renewed commitments made 
at  COP26  (Glasgow,  October-November  2021)  and  the 
Biodiversity  Convention  (April-May  2022)139  will  also  be 
reflected in the EU budget. 

Overall environmental investment gaps (EU-27) 

The EU’s investment needs for the green transition cover 
a  range  of  interlinked  areas.  The  additional  investment 
needs  over  the  baselines  (i.e.  the  gap  between  what  is 
needed  and  what  is  forecast  to  be  invested  if  no 
additional  action 
is  taken)  for  climate,  energy  and 
transport  were estimated in  2021 at EUR 390 billion per 
annum (EU27)140 with a further EUR 130 billion a year to 
deliver the EU's core environmental objectives141. Climate 
adaptation costs can also be  significant, reaching a  total 
of  EUR  35-62  billion  (narrower  scope)  or  EUR  158-518 
billion (wider scope) per year142. Those investment needs 
reflect  the  implementation  objectives  to  2020  and  to 
2030  (except  for  climate  adaptation,  the  cost  of  which 
costs are expected to last over a longer time horizon). 

A  preliminary  update  of  the  EU’s  core  environmental 
investment  gap  is  provided  in  Table  1143.  Almost  40%  of 
the  environmental  investment  needs  relate  to  dealing 
with pollution, which account for nearly two-thirds of the 
total  gap  if  combined  with  water  management.  The 
investment  gap 
is 
estimated  between  EUR  13-28  billion  a  year,  depending 

in  circular  economy  and  waste 

139  The  Convention  on  Biological  Diversity  (cbd.int);  Post-2020  Global 
Biodiversity Framework | IUCN. 
140  SWD(2021)  621,  accompanying  proposal  COM(2021)557  to  amend 
the REDII Directive (EU) 2018/2001. 
141 Identifying Europe’s recovery needs. SWD(2020) 98 final/2 
142 Impact assessment of the new LIFE Regulation. SWD(2018)292 
143  With  decreases  due  to  Brexit  and  some  reconciliation  among  the 
objectives.  DG  ENV”Study  supporting  EU  green  investment  needs 
internal  analysis 
analysis” 
“Environmental  Investment  needs  and  financing  in  the  EU’s  green 
transition“, July 2020. 

(ongoing,  2021-2023)  and  DG  ENV 

1: 

Table 
environmental 
objective, 2021-2030 per annum144 

Estimated  breakdown  of 

EU’s 
investment  gaps,  by  environmental 

the 

Estimated investment gap (EU-27, 
p.a.)  

Environmental 
objective 

Pollution  prevention 
& control 

Water  management 
& industries 

Circular  economy  & 
waste 

 EUR million 

 42.8 

 26.6 

 13.0 

Biodiversity 
ecosystems 145 

& 

 21.5 

R & D & I and other 

Total 

 6.2 

 110.1 

 % 

 39% 

 24% 

 12% 

 20% 

 6% 

 100% 

Environmental investment needs in Portugal 

significantly 

During  the  last  decades,  the  support  of  the  EU  funding 
has 
the 
contributed 
implementation  of  the  EU  environmental  law  and policy 
in 
faces 
considerable  challenges  and  investment  needs  in  the 
areas  of  water  and  waste  management,  air  quality  and 
nature protection. 

Portugal.  Nevertheless, 

Portugal 

improve 

still 

to 

In  this  sense,  the  following  environmental  needs  have 
been identified by sector: 

Pollution prevention & control 

The  EU’s  first  Clean  Air  Outlook146  under  the  clean  air 
programme estimated that the total air pollution control 

144    European  Commission,  DG  Environment,  “Study supporting  EU 
investment  needs  analysis”  (ongoing,  2021-2023)  and  DG 
green 
Environment  internal analysis  “Environmental  Investment  needs  and 
financing in the EU’s green transition“, July 2020.  
145 To meet the needs of the EU Biodiversity Strategy for 2030 (Natura 
2000,  green  infrastructure),  at  least  EUR  20  billion  a  year  should  be 
unlocked  for  nature,  while  to  fully  cover  the  strategy  (including 
restoration) EUR 30-35 billion may be needed, indicating a gap of EUR 
10-20 billion a year compared to current baseline expenditure. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
                                                                 
 
                                                                 
Portugal  33 

costs for Portugal to reach the NECD emission reduction 
requirements147 by 2030 amount to a total of EUR 1 066 
million  per  year,  including  EUR  727  million  for  capital 
investment (assuming the achievement the 2030 climate 
and energy targets). 

As  the  second  EU’s  Clean  Air  Outlook148  suggests, 
implementing all relevant legislation adopted up to 2018, 
the  2030  climate/energy  measures  and  the  NAPCP 
should  largely  facilitate  to  reach  the  2030  climate  and 
2018  energy  targets.  Furthermore,  implementing  the 
measures  announced  in  the  Member  States  in  their 
NACPs, the EU would largely achieve the reductions of air 
pollutant  emissions  that  correspond  to  the  obligations 
under the NEC Directive for 2030, except for 15 Member 
States for ammonia149. 

Water management 

remain 

Despite  the  progress  that  Portugal  has  made  in  recent 
years,  challenges 
in  water  management, 
especially in the areas of  water governance, water body 
rehabilitation and water efficiency. Further infrastructure 
investment  is  needed  to  improve  water  management, 
such  as 
in  wastewater  collection  and  treatment, 
reduction  of  leaks  in  the  networks  and  general  water 
supply,  improving  monitoring  (quality  and  quantity),  as 
well  as  nature-based  solutions,  floods  prevention  and 
river restoration. Moreover, Portugal should take further 
advantage  of  the  potential  of  water  reuse.  Further 
measures  are  also  needed  to  face  water  scarcity  and 
droughts. 

A  study  conducted  under  the  cooperation  agreement 
between the European Commission and the Organisation 
for  Economic  Cooperation  and  Development  (OECD) 
estimated investment  needs  and financing capacities for 
water-related investment in EU Member States150. There 
are  also  country  factsheets  for  all  Member  States  and 
OECD  recommendations  for  some  of  them,  including 
Portugal151. Up to 2030, the cumulative additional capital 
investment  need  for  Portugal  was  estimated  at  EUR  3.6 
billion over baseline levels (around 360 million per year), 
with over 90% of that related to wastewater. Moreover, 
the  recent  6th  Water  Framework  Directive  and  Floods 

146 International Institute for Applied Systems Analysis (IIASA), Progress 
towards  the  achievement  of  the  EU's  air  quality  and  emissions 
objectives, 2018. 
147  Covering  the  reductions  of  and  the  emission  ceilings  for  5 
atmospheric  pollutants,  SOx,  NOx,  PM2.5,  NH3  and  VOC  by  2030, 
compared  to  2005.  Source:  Progress  towards  the  achievement  of  the 
EU’s  air  quality  and  emissions  objectives,  IIASA  2018.  (Page  29). 
Requirements are based on Directive (EU) 2016/2284.  
148 COM (2021) 3 Final and Report Annex.   
149  Nevertheless,  the  NECD  also  foresees  deliveries  by  2020  and  2025. 
Communication Second Clean Air Outlook. 
150 See the outcomes of the cooperation agreement between European 
Commission and OECD. 
151 See country fiche for Portugal. 

Directive  Implementation  Report152  and  the  financial  - 
economic  study153  accompanying  it,  are  also  a  relevant 
source of information in this domain. 

Waste & circular economy 

to  a  Commission  study154, 
According 
the  capital 
investments  need  in  the  waste  sector  in  Portugal  are 
estimated at  an additional  EUR 670 million during 2021-
2027 (and EUR 911 million in 2021-2035) over baselines, 
with  corresponding  annual  investment  needs  between 
EUR  65-90  million  a  year  on  average.  This  concerns 
municipal  and  packaging  waste  measures  related  to 
collection,  recycling  reprocessors,  bio-waste  treatment, 
waste  sorting  facilities  and  waste  registry  digitalisation. 
This does not include the investment necessary for other 
key  waste  streams  (plastics,  textile,  and  furniture)  or  to 
scale  up  circularity  and  waste  prevention  across  the 
economy. 

Biodiversity & ecosystems 

Prioritised  action  frameworks  (PAFs)  adopted  by  the 
Member  States  according  to  Article  8  of  the  Habitats 
Directive  present  the  conservation  priorities  for  the 
its  supporting  green 
Natura  2000  network  and 
infrastructure,  their  costs  and  planned  funding  sources 
for  the  period  corresponding  to  the  current  MFF  (2021-
2027).  Portugal  has  submitted,  in  October  2021,  to  the 
three  PAFs:  mainland 
the 
European  Commission 
Portugal,  the  Azores  Autonomous  Region  and  Madeira 
Autonomous  Region.  For  Portugal,  the  total  identified 
needs  amount  to  EUR  341.8  million  per  year  (including 
EUR 63 million annual one-off costs). The biggest part of 
this  (more  than  EUR  210  million  per  year)  is  for  Natura 
2000 site-related maintenance and restoration measures 
for  species  and  habitats,  namely  for  agroecosystems, 
woodlands  and  forests  and  heathlands  and  shrubs.  The 
main  funding  sources  foreseen  in  the  Portuguese  PAFs 
are the EAFRD, ERDF, Cohesion Fund and LIFE. The above 
amounts  do  not  cover  additional  costs  concerning  the 
Biodiversity  Strategy  to  2030,  including  on  increased 
protection and restoration. 

EU environmental funding 2014-2020 

The  multiannual  financial  framework  (MFF)  2014-2020 
allocated  EUR  960  billion  (in  commitments,  2011  prices) 

152 WFD and FD Implementation Reports – DG Environment – European 
Commission. 
153  European  Commission,  Directorate-General 
for  Environment, 
Economic  data  related  to  the  implementation  of  the  WFD  and  the  FD 
and the financing of measures, Final report. Publications Office, 2021. 
154  European  Commission:  Study  on  investment  needs  in  the  waste 
sector  and  on  the  financing  of  municipal  waste  management  in 
Member States, 2019. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                                                        
                                                                 
for  the  EU155.  The  commitment  to  green  transition 
included  a  20%  climate  spending  target  and  funding 
opportunities  for  the  environment;  in  particular,  under 
the  European  Structural  and  Investment  (ESI)  Funds156. 
The 2014-2020 budget was subsequently topped up with 
over  EUR  50  billion  (current  prices)  from  REACT-EU  for 
cohesion policy action against coronavirus (COVID-19)157. 

Portugal  received  EUR  28.8  billion  from  the  ESI  Funds 
2014-2020 to invest in job creation and a sustainable and 
healthy  European  economy  and  environment.  The 
planned  direct  environmental  investment  amounted  to 
EUR  2.5  billion  with  further  EUR  1.3  billion  identified  as 
indirect environmental investment value, totalling to EUR 
3.8  billion.  Figure  40  shows  an  overview  of  (planned) 
individual  ESI  Funds  earmarked 
(EU 
amounts, without national amounts). 

for  Portugal 

Figure  39:  ESI  Funds  allocated  to  Portugal,  including 
environmental investments, 2014-2020158 

155 Council Regulation (EU, EURATOM) No 1311/2013. 
156  The  European  Structural  and  Investment  (ESI)  Funds  include  the 
European Regional Development Fund (ERDF), the Cohesion Fund (CF), 
and  the  European  Social  Fund  (ESF)  with  the  Youth  Employment 
Initiative  (YEI),  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD) and the European Maritime and Fisheries Fund (EMFF). 
157 Regulation (EU) 2020/2221. 
158  European Commission, DG Environment analysis based on ESI Funds 
Open  Data  Portal  Integration  of  environmental  concerns  in  Cohesion 
Policy  Funds  (COWI,  2017),  Regulation  (EU)  No  1303/2013,  Regulation 
(EU)  2021/1060  and  Implementing  Regulation  (EU)  No  215/2014.  Cut-
off date for data: December 2021. Environmental investments here are 
captured  via  the  combined  use  of  intervention  fields  and  coefficients 
under  the  Regulation  (EU)  No  1303/2013  and  Regulation  (EU) 
2021/1060  allowing  for  a  more  precise  identification  and  valuation  of 
Indirect  environmental 
investments.  N.B. 
relevant  environmental 
investments are valued using the Annex I environmental coefficients of 
Regulation (EU) 2021/1060 (as opposed to full value). 

Portugal  34 

Table 2: Direct  and indirect environmental investments 
under the ESI Funds in Portugal, 2014-2020159 

Instrument 

Under Cohesion policy (ERDF + CF) 
Direct environmental investments 
water 
waste 
air quality 
biodiversity and nature 
land rehabilitation 
climate and risk management 
Indirect environmental investments 
renewable energy 
energy efficiency 
sustainable transport 
sustainable tourism 
business development, R&I 

Under EAFRD/rural development 
Direct environmental investments 
water 
climate and risk management 
Indirect environmental investments 
renewable energy 
energy efficiency 

Under EMFF 
Direct environmental investments 
environment  protection  &  resource 
efficiency 
Indirect environmental investments 
business development, R&I 

Under ESI Funds total  
Direct environmental investments 
Indirect environmental investments 

Allocations  
for the environment  
(EUR million) 

2 938.4 
1 643.7 
616.0 
305.7 
34.4 
44.6 
162.6 
480.4 
1 294.7 
64.4 
150.4 
708.3 
98.4 
273.2 

773.1 
745.3 
292.3 
453.0 
27.7 
10.3 
17.4 

71.4 
70.6 
70.6 

0.8 
0.8 

3 783.0 
2 459.7 
1 323.2 

The  main  financing  source  for  the  environment  is  the 
Cohesion  Fund,  which  is  channelled  trough  a  national 
Operational  Programme  dedicated  to  the  environment: 
the  OP  'Sustainability  and  Efficiency  in  the  Use  of 
Resources'  (POSEUR).  To  complete  the  programming 
architecture,  there  are  also  two  other  national  OPs: 
Competitiveness  and  Internationalisation,  and  Technical 
Assistance.  In  addition,  there  are  seven  regional  OPs, 
which  in  this  period  are  multi-funding,  covering  both 
ERDF  and  ESF,  where  environmental  measures  are  also 
included. 

investments 

159  European Commission, DG Environment - Data analysis. The values 
the  specific 
of  environmental 
environmental  areas  may  differ 
tracking  values  at 
cohesiondata.ec.europa.eu, e.g. for clean air or biodiversity due to two 
factors:  the  set  of  environmental  coefficients  used  and  the  range  of 
funds assessed. DG Environment’s analysis here covered the full range 
of ESI Funds. See also a previous footnote.  

identified  here 
from  the 

in 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
  
 
                                                                 
In addition, there are various ERDF OPs involving Portugal 
in transnational and cross-border cooperation (known as 
'territorial  cooperation')  in  which  investment  in  the 
environment plays a major role. 

investments  (specifically,  for  water  and  sewerage  and 
some  for  waste)  out  of  the  total  EIB  loans  for  Portugal 
(EUR  10.2  billion)164.  The  country  ranks  twelfth  in  the 
total amount of EIB lending. 

Portugal  35 

The  environmental  integration  has  been  ensured  in  the 
Partnership  Agreement  2014-2020  and  the  different 
Operational  Programmes  for  the  five  ESIF  through  the 
application  of  the  Strategic  Environmental  Assessment 
(SEA) Directive and by other means. 

supplemented  by  other  EU 

Funding  for  the  environment  from  the  ESI  Funds  has 
been  also 
funding 
programmes available to all Member States, such as, the 
LIFE  programme,  the  Horizon  2020  or  loans  from  the 
European  Investment  Bank  (EIB),  that  add  up  to  an 
estimated  total  of  EUR  4.7  billion  of  EU  environmental 
financing for Portugal in 2014-2020. 

is  entirely  dedicated 

The  LIFE  programme160 
to 
environmental  and  climate  objectives. 
finances 
demonstration  and  best  practice  actions  for  green 
solutions  to  be  deployed.  In  the  2014-2020  period, 
Portugal has received EU support for 20 LIFE projects (for 
nature and environment) with EUR 37.1 million from the 
LIFE programme (out of 1 028 EU27 LIFE projects with the 
total EU contribution of EUR 1.74 billion) 161. 

It 

Many outstanding LIFE projects can be found in Portugal. 
Among  those  selected  in  the  last  years,  it  can  be 
mentioned  the  LIFE14  ENV/PT/000817,  in  this  project 
partners  created  an  alternative  market  for  fruit  and 
vegetables  that  were  too  small,  too  large  or  too  ugly  to 
sell in regular outlets. Their work has reduced food waste 
by more than 2 300 tonnes to date, a sum comparable to 
the annual amount of unused food from 13 000 people. 

In 2014-2020, the Horizon 2020 allocated about EUR 54.1 
million  for  Portugal,  in  particular,  for  circular  economy, 
including  raw  materials,  climate  action,  nature  and 
resources,  earth  observation,  water,  research  and 
innovation and cultural heritage) which  is about  4.7% of 
Portugal’s total allocation162. 

received  EUR  523.2  million 

From the European Fund for Strategic Investments (EFSI), 
Portugal 
for  direct 
environmental 
investments  and  EUR  22  million  for 
indirect  environmental  investments  (totalling  to  EUR 
its  total  allocation  (EUR  1.1 
545.2  million)  out  of 
billion)163. 

From  the  European  Investment  Bank  (EIB),  Portugal 
received  EUR  794.5  million  for  direct  environmental 

160 European Commission, LIFE Programme. 
161 Source: CINEA 
162 Source: EASME, https://sc5.easme-web.eu/. 
163  Approved  and  signed  EFSI  financing  -  EIB,  2015-2020:  Source: 
https://www.eib.org/en/products/mandates-
partnerships/efsi/index.htm. 

In 2020, the EIB provided EUR 24.2 billion to fight climate 
change at EU level, 37% of its total financing and EUR 1.8 
billion (3% of its financing) for the environment165. 

EU environmental funding 2021-2027 

The  2020  European  Green  Deal  investment  plan  calls 
investments  (public  and 
upon  EUR  1  trillion  green 
private)  by  2030.  The  multiannual  financial  framework 
(MFF) 2021-2027 and the NextGenerationEU will mobilise 
EUR  2.018  trillion  (in  current  prices)  to  support  the 
COVID-19  recovery  and  the  EU's  long-term  priorities, 
including  environmental  protection166.  Following  the  EU 
Green  Deal’s167 
the 
Interinstitutional  Agreement  on  the  2021-2027  MFF168, 
30%  of  the  EU  budget  will  support  climate  efforts  and 
7.5% (as of 2024) and 10% (as of 2026) biodiversity that 
requires  increased  programming  of  financial  resources 
for  biodiversity,  specifically  under 
the  2021-2027 
Cohesion  policy  and  the  2023-2027  CAP  to  reach  those 
targets.  

‘do  no  harm’  pledge  and 

Sustainable  finance  significantly  increases  transparency 
on environmental sustainability (a goal promoted by the 
EU  Taxonomy)169,  strengthens  non-financial  reporting 
requirements, facilitates green bond issuance (by the EU 
green  bond  standard170).  Reinforced  by  the  Renewed 
Sustainable  Finance  Strategy  (2020)171  it  will  increase 
investment flows to climate and environment. In support 
of  financing  climate  adaptation,  the  new  strategy  on 
adaptation to climate change172 can facilitate to close the 
insurance  protection  gap  from  non-insured  climate-
related  events173.  The  EIB  will  align  50%  of  its  lending 

long-term  EU  budget  & 

164 EIB loans in EU countries in 2014-2020. Source: EIB Open Data Portal. 
165  EIB  2021  Activity  Report.  The  EIB  Group  jointly  works  with  the 
European  Commission  in  implementing  several  programs  that  finance 
environmental implementation: InvestEU, the successor of EFSI, Pillar II 
and III of the Just Transition Mechanism. The EIB Group stands as a key 
implementing  partner  for  InvestEU  with  responsibility  for  managing 
75% of the overall budgetary capacity of the mandate. 
166  European  Commission,  2021-2027 
NextGenerationEU. 
167 COM/2019/640 final. 
168 Interinstitutional Agreement, OJ L 433I. 
169 See EU Taxonomy for sustainable activities. 
170 EU Green Bond Standard - 2021/0191 (COD). 
171 COM (2021) 390 Final - European Commission, Strategy for Financing 
the Transition to a Sustainable Economy.  
172 COM (2021) 82 final. 
173  The  strategy  would  support  improved  insurance  gap  coverage 
including through the natural catastrophe markets as reflected with the 
EIOPA  (the  Association  for  European  Insurance  and  Occupational 
Pension Authorities) dashboard on insurance protection gap for natural 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
                                                                 
 
with climate and environment by 2025174 with a EUR 250 
billion contribution to the Green Deal Investment Plan by 
2027. 

thematic  concentration.  Furthermore,  other  EU  Funds 
will also contribute to support environmental projects in 
Portugal: EARDF, EMFAF, LIFE, Horizon Europe, etc. 

Portugal  36 

Table  3  makes  an  overview  of  the  EU  funds  earmarked 
specifically  to  Portugal  for  the  2021-2027  period.  These 
funds  are  also  supplemented  by  other  EU  funding 
programmes available to all Member States. 

Table  3:  Key  EU  funds  allocated  to  Portugal  (current 
prices), 2021-2027 

Instrument 

Cohesion policy 
ERDF 
CF 
ESF+ 
ETC (ERDF) 
Just Transition Fund 
EAFRD/rural 
development  
under  CAP  Strategic 
Plans 2023-2027178 
European  Maritime, 
and 
Fisheries 
Fund 
Aquaculture 
(EMFAF) 
Recovery and 
Resilience Facility 
(RRF)  
2021 – 2026181 

Country funding allocation  
(million EUR) 
Total: 22 755.3175 
11 496.7 
3 399.3176 
7 496.6 
138.9 
223.8177 

2 702.8179 

378.6180 

13.907.3 (grants) 
2 699.0182 (loans) 

In 2021-2027, EU Cohesion Policy will support long-term 
development  objectives  in  Portugal  by  investing  EUR 
22.75  billion,  including  EUR  223.8  million  from  the  new 
Just  Transition  Fund  directed  to  alleviate  the  socio-
economic  impacts  of  the  green  transition  in  the  most 
vulnerable regions. 

The  Partnership  Agreement  with  Portugal 
is  under 
negotiation. A significant part of the Cohesion Fund and a 
relevant  percentage  of  the  ERDF  will  be  devoted  to 
into  account  the 
environmental 

investments,  taking 

catastrophes. See: The pilot dashboard on insurance protection gap for 
natural catastrophes | Eiopa (europa.eu). 
174 EIB Climate Bank Roadmap 2021-2025, November 2020 
175  European  Commission,  2021-2027  Cohesion  policy  EU  budget 
allocations. 
176  The  transfer  to  the  Connecting  Europe  Facility  (Transport)  is  not 
included. 
177  European  Commission,  2021-2027  Cohesion  policy  EU  budget 
allocations. 
178 European Commission, CAP strategic plans.  
179 Regulation (EU) 2021/2115, Annex XI.  
180 Regulation (EU) 2021/1139, Annex V. 
181  The  actual  reforms  and  investments  under  the  RRF  have  to  be 
implemented until 31 December 2026.  
182 Council Implementing Decision, FIN 512. 

It is worth recalling that the implementation of the ERDF 
2021-2027  is  linked  to  the  fulfilment  of  the  enabling 
conditions, 
including  the  three  environmental  ones. 
Portugal  has  already  met  the  nature  enabling  condition, 
although  further  efforts  are  needed  to  comply  with  the 
waste and water enabling conditions. 

Under  NextGenerationEU, Portugal is  set  to receive EUR 
16.6  billion  in  grants  and  loans  from  the  Recovery  and 
Resilience  Facility  (RRF).  The  Portuguese  Recovery  and 
Resilience  Plan  (RRP)183 
is  based  on  three  pillars: 
resilience,  climate  transition  and  digital  transition.  It  is 
structured in 20 components. It includes 32 Reforms and 
83 Investments. 

The Portugal’s RRP devotes 37.9% of its budget to climate 
change  objectives.  The  components  more  relevant  for 
environmental  topics  are:  8  on  forests,  9  on  water 
management, 12 on bio-economy and 5 on Sea. 

Figure 40: Climate expenditure in RRP, 2021-2026184 

Under  NextGenerationEU,  the  Commission  will  issue  up 
to EUR 250  billion of  EU green bonds (1/3 of the NGEU) 
until 2026 that will comply with the general spirit of the 
DNSH  principle,  but  will  not  be  subject  to  the  currently 
developed  Delegated  Acts  related  to  the  EU  Taxonomy 
and will not fully align with the proposed EU Green Bond 
Standard. 

Portugal  should  take  advantage  of  the  European 
Structural  and  Investment  Funds  and  the  Recovery  and 
improve  compliance  with  EU 
Resilience  Facility  to 
environmental law and policy and to use the potential of 
the green economy for competitiveness and job creation. 

183 European Commission – Portugal’s recovery and resilience plan. 
184 European Commission. The contributions to climate objectives have 
been calculated using Annex VI of the RRF Regulation (EU) 2021/241. 

Environmental Implementation Review 2022 – Portugal 

 
  
  
 
                                                                                                        
 
 
                                                                 
Portugal  37 

Figure 41: Environmental protection investments in the 
EU-27 (EUR million and % of GDP), 2018194 

In  addition  to  EU  funds  earmarked  specifically  for 
Portugal  in  the  2021-2027  period,  there  are  also  other 
funding  programmes  that  can  been  accessed  at  the  EU 
level  and  which  are  open  to  all  Member  States.  These 
include,  among  others,  the  LIFE  programme185  (EUR  5.4 
billion),  Horizon  Europe 
(EUR  95.5  billion)186,  the 
Connecting  Europe  Facility187  (EUR  33.7  billion)188  or  the 
funds  to  be  mobilised  via  the  InvestEU189.  They  will  also 
support  the  green  transition,  including  research  and 
innovation  activities 
for  environmental  protection 
(Horizon  Europe)190,  clean  transport  and  energy  (the 
Connecting 
sustainable 
infrastructure (InvestEU)192. 

Facility191) 

Europe 

or 

National environmental protection 
expenditure 

Total  national  environmental  protection  expenditure 
(including all relevant current and capital expenditure)193 
in the EU-27 was EUR 272.6 billion in 2020, representing 
2%  of  the  common  GDP  being  quite  stable  over  time.  
While  absolute  expenditure  is  concentrated  in  a  few 
countries,  as  a  share  of  GDP,  most  countries  spend 
between 1-2%, including Portugal with 1.4%.  

Of  the  above  total,  the  EU-27's  capital  expenditure 
(Capex)  on  environmental  protection  (i.e.  investment) 
amounted  to  EUR  56.3  billion  in  2018,  lowering  to  EUR 
54.5  billion  in  2020,  representing  around  0.4%  of  GDP. 
Most  Member  States  invested  0.2-0.5%  of  their  GDP  in 
environmental  protection,  including  Portugal  with  0.3%. 
During 2014-2020, this totalled to around EUR 376 billion 
of environmental investment in the EU27, and to EUR 4.2 
billion for Portugal. 

185 European Commission, LIFE Programme. 
186  European  Commission,  Multiannual  financial  framework  2021-2027 
(in commitments) - Current prices. 
187  The  CEF  (Transport)  includes also  EUR  11.3  billion transferred from 
the  Cohesion  Fund.  30  %  of  the  transferred  amount  will  be  made 
available,  on a competitive  basis,  to  all  Member  States eligible  for  the 
Cohesion Fund. The remaining 70% will respect the national envelopes 
until  31  December  2023.  Any  unspent  amount,  by  that  date,  under 
national envelopes will support all Cohesion Fund’s Member States. 
188 Regulation (EU) 2021/1153. 
189  The  InvestEU  Fund  is  foreseen  to  mobilise  over  EUR  372  billion  of 
investment through an EU budget guarantee of EUR 26.2 billion to back 
the  investment  of  financial  partners  such  as  the  European  Investment 
Bank (EIB) Group and others. 
190 European Commission, Horizon Europe. 
191 European Commission, Connecting Europe Facility. 
192 European Union, InvestEU. 
193  At  economy 
intermediate 
consumption and  capital  expenditure  of  households,  corporations  and 
governments related to environmental protection goods and services. It 
excludes  EU  funds,  while  may  include  some  international  expenditure 
beyond  domestic.  Data  source:  Environmental  Protection  Expenditure 
Accounts (EPEA), Eurostat. EPEA accounts are based on the CEPA 2000 
classification, excluding climate, energy and circular economy. 

including  final  consumption, 

level, 

protection 

investments 

institutional  sector,  around  32%  of  Portugal’s 
By 
environmental 
(capital 
expenditure)  came  from  the  general  government,  44% 
from  specialist  producers  (of  environmental  protection 
services, e.g. waste and water companies) and 24% from 
the  classical  industry  (or  business)  sector  that  normally 
pursues environmental activities as ancillary to their main 
activities.  At  EU  level,  37%  comes  from  governments, 
33%  from  specialist  producers  and  30%  from  industry 
(business). 

the  governmental  area  of 

the  Ministry 
It 

It  is  worth  to  mention  the  Portuguese  Environmental 
Fund195, which is an autonomous fund under the tutelage 
of 
for 
Environment  and  Climate  Action. 
is  a  financial 
instrument  that  supports  entities,  activities,  or  projects 
that  implement  sustainable  development  policies  and 
contribute 
the  achievement  of  national  and 
international  objectives  in  the  fields  of  climate  action, 
waste  and  circular  economy,  as  well  as  environmental 
education,  recovery  of  environmental  damage,  nature 
conservation  and  water  resources.  In  2020  the  total 
amount of expenses was around 570 million EUR. 

to 

194 Eurostat, Environmental Protection Expenditure Account, 2021. 
195 The “Fundo Ambiental” was created in 2016, replacing other existing 
Funds in the field of the environment. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                 
 
                                                                 
Figure  42:  EU-27  Member  States'  environmental 
protection  investments  (Capex)  by  institutional  sectors 
(Total economy = 100%), 2018196 

Portugal  38 

issuance  was  EUR  124  billion.  83%  of  the  green  bonds 
issued by European countries served energy, buildings or 
transport  objectives  between  2014-2020,  8%  supported 
water and waste, with further 6% supporting land use  – 
with  links  to  ecosystem  conservation  &  restoration, 
based  on  the  Climate  Bonds  Taxonomy  being  broadly 
similar to the EU Taxonomy200. Portugal’s contribution to 
the  2020  annual  EU  green  bond  issuance  amounted  to 
EUR 2 555.8 million.  

Figure 43: Annual EU green bond issuance in 2020 (EUR 
billion)201 

investments  went 
to  biodiversity  and  27% 

Breakdown  of  investment  by  environmental  topic  is 
partially available, at the level of institutional sectors only 
(instead  of  economy  level),  due  to  different  reporting 
patterns197. At Portugal’s general government  level, 35% 
to 
of  environmental  protection 
wastewater,  30% 
to 
environmental  R&D  in  2018.  In  case  of  the  country’s 
specialist  producers,  around  half  of  the  relevant 
investments were received by waste management (52%) 
over  a  third  by  wastewater  (36%),  with  further  5%  by 
noise  and  4%  by  biodiversity  protection.  For  industry 
(business),  the  first  priority  was  the  protection  of  air 
(51%),  followed  by  wastewater  (23%)  to  name  the  most 
significant items. 

The  total  annual  European  green  bond  issuance  198  in 
2020  was  USD  156  billion  (EUR  137  billion199),  growing 
from  USD  117  billion  (EUR  105  billion)  in  2019,  also 
including  some  non-EU  European  countries.  By  EU-27 
Member  States  only,  the  2020  annual  green  bond 

196 Eurostat, Environmental Protection Expenditure Accounts (env_epe). 
197 Data reporting is different for  the 3 institutional  sectors, leading to 
aggregation  difficulties.  Specialist  companies  provide  comprehensive 
data  across  all  environmental  areas  (CEPA  1-9),  while  this  is  less  the 
case  for  general  government  and  industry  that  often  report  (the  non-
obligatory)  data  in  merged  categories  only  (with  difficulty  to  split)  or 
not at all.  
198  Green  bonds  were  created  to  fund  projects  that  have  positive 
environmental  and/or  climate  benefits.  The  majority  of  green  bonds 
issued are green “use of proceeds” or asset-linked bonds. The very first 
green  bond  was  issued  in  2007  with  the  AAA-rated  issuance  from 
multilateral  institutions,  the  European  Investment  Bank  (EIB)  and  the 
World Bank. 
199 At Eurostat’s annual average EUR/USD exchange rates. 

Green budget tools 

Green taxation and tax reform 

Portugal’s  environmental  taxes  amounted  to  EUR  4.77 
billion  in  2020  (2.38%  of  GDP),  being  slightly  above  the 
EU  average 
(2.24%  of  GDP).  The  distribution  of 
environmental taxes was similar to that at EU level, while 
the  share  of  pollution  and  resource  taxes  (0.77%)  was 
significantly lower than the EU average (3.55%). 

It  is  worth  recalling  that  the  Portuguese  Government 
created a "Commission for a Green Tax Reform" in 2014, 
and  its  recommendations  were  partially  followed  in  the 
subsequent  reform  of  the  Portuguese  tax  system  that 
took  place  in  2015  in  order  to  foster  environmental 
taxation.  The  Portuguese  authorities  are  currently 
working  in  a  study  on  this  matter  in  view  of  possible 
further measures in this direction. 

Interactive  Data  Platform  at  www.climatebonds.net.  Further 
Taxonomy: 

200 
Bonds 
information 
https://www.climatebonds.net/standard/taxonomy  
201  Climate Bonds Initiative, 2022. 

Climate 

on 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
 
                                                                 
Figure 44: Environmental taxes in the EU-27, 2020202 

The  2019  European  Green  Deal  underlines  that  well-
designed  tax  reforms  can  boost  economic  growth  and 
resilience, foster a fairer society and a just transition, by 
sending the right price signals and incentives to economic 
actors.  The  Green  Deal  creates  the  context  for  broad-
based  tax  reforms,  fossil  fuel  subsidies  removal,  shifting 
the tax burden from labour to pollution, also accounting 
for  social  considerations203.  The  application  of  the 
‘polluter pays principle’ (PPP)204 stipulating that polluters 
should bear the cost of measures to prevent, control and 
remedy  pollution;  is  facilitated  by  the  EU  Commission’s 
TSI flagship205 on greening taxes.  

Environmentally-harmful subsidies 

Addressing  and 
removing  environmentally  harmful 
subsidies  (EHS)  is  a  further  step  towards  wider  fiscal 
reforms206. 

Fossil  fuel  subsidies  are  costly  for  public  budgets  and 
adversely  impact  the  achievement  of  the  Green  Deal 
objectives. In many cases they also go against incentives 
for  green  investments,  not  contributing  to  levelling  the 
playing  field.  Fossil  fuel  subsidies  varied  around  EUR  55 

202 Eurostat, Environmental taxes accounts (env_eta). 
203  European  Commission,  The  European  Green  Deal,  COM  (2019/640 
final), p.17 
204  Article  191(2)  of  the  Treaty  on  the  Functioning  of  the  European 
Union:  “Union  policy  on  the  environment  (…)  shall  be  based  on  the 
precautionary  principle  and  on  the  principles  that  preventive  action 
should  be  taken,  that  environmental  damage  should  as  a  priority  be 
rectified at source and that the polluter should pay”. 
205  European  Commission,  Greening  taxes-  applying  polluter  pays 
principle in practice,  green budgeting TSI participation. 
206  European  Commission,  Study  on  assessing  the  environmental  fiscal 
reform potential for the EU28 
. January 2016. 

Portugal  39 

billion  in  the  EU  since  2015.  They  rose  by  4%  between 
2015 and 2019, however some countries, such as Latvia, 
Lithuania  Sweden,  Greece  or 
Ireland,  managed  to 
decrease  them.  In  the  EU,  subsidies  on  petroleum 
products,  in  sectors  such  as  transport  and  agriculture, 
kept on growing over the period, while subsidies on coal 
and lignite decreased, due to the diminishing role of solid 
fuels in electricity generation.  

As a share of GDP, fossil fuel subsidies ranged from 1.2% 
in Hungary to less than 0.1% in Malta in 2019 (being 0.4% 
on  EU  average).  In  Portugal,  they  amounted  to  EUR  0.9 
billion  (0.45%  of  the  GDP)  in  2019.  In  2020,  the  EU27’s 
total fossil fuel subsidies decreased to EUR 52 billion (due 
to falling consumption trends amid the COVID-19-related 
restrictions)  which,  without  Member  State  actions,  are 
likely  to  rebound  as  economic  activity  picks  up  from 
2020207. 

A summarised assessment about the EHS in Portugal can 
be found in the 2019 EIR. The next figure also gives some 
interesting information in this respect. 

Figure  45:  Trends  in  petroleum  products  and  coal 
subsidies in Portugal208 

% GDP 
Petroleum  
Coal 

2013 
0,07 
0,00 

2014 
0,07 
0,01 

2015 
0,08 
0,04 

2016 
0,10 
0,04 

2017 
0,12 
0,09 

2018 
0,11 
0,07 

2019 
0,13 
0,08 

2020 
0,16 
0,08 

Current green budgeting practices  

Green  budgeting  encompasses  various  climate  and 
environmental  tagging  and  tracking  practices  in  budgets 
and  some  EU  Member  states  already  use  green 
budgeting  elements209.  Green  budgeting  helps  identify 

207 State of the Energy Union report, COM(2021) 950 and Annex 
208 OECD, Fossil Fuel Subsidy Tracker. 

209 European Commission, Green Budgeting Practices in the EU: A First 
Review,  2021.  and  OECD,  Public  Governance  Directorate,  Climate 

Environmental Implementation Review 2022 – Portugal 

 
 
                                                                 
 
                                                                 
 
and  track  green  expenditure  and  green  revenues  to 
increase transparency on the environmental implications 
of  budgetary  policies,  improving  policy  coherence  and 
supporting  green  policies 
(including  climate  and 
environmental objectives)210. 

EU climate proofing and sustainability proofing guidance 
have  also  been  developed,  as  tools  to  assess  project 
eligibility  and  compliance  with  environmental  legislation 
and  criteria211.  The  EU  Commission  established  a  green 
budgeting  reference 
launched  a 
technical  support  flagship  (TSI)  on  green  budgeting  in 
2021  to  assist  Member  States  in  developing  or  further 
developing national green budgeting frameworks to reap 
the  benefits  for  policy  coherence  and  for  the  green 
transition.  Portugal  participates  in  the  EU  Commission’s 
green budgeting flagship started in 2021. 

framework212  and 

Overall financing compared to the needs 

The  overall  environmental  financing  for  investments  is 
estimated to have been 0. 0.6-0.7% of GDP in the 2014-
2020  period  in  the  European  Union,  taking  into  account 
major EU funds and national financing. This ranged from 
0.3%  (Ireland)  to  1.91%  (Bulgaria),  linked  to  the  level  of 
environmental challenges in Member States.  The overall 
EU  environmental  investment  needs  in  the  2021-2027 
period  are  estimated  to  range  between  0.9-1.5%  of  the 
projected  common  GDP  (2021-2027),  suggesting  an 
overall  environmental  financing  gap  (or 
’additional 
financing  need’  over  baseline  financing)  of  0.6-0.8%  of 
GDP for the EU, assuming environmental financing levels 
similar to the past period213. 

Change  and  Long-term  Fiscal  Sustainability,  Working  Paper,  February 
2021. Climate Change and Long-term Fiscal Sustainability 
210  European  Commission,  European  Commission  Green  Budgeting 
Reference Framework. 
211 European Commission, Technical guidance on sustainability proofing 
for the InvestEU Fund. 
212  European  Commission,  Green  Budgeting  Reference  Framework, 
based  on  the  review  of  the  OECD  Paris  Collaborative  on  Green 
Budgeting initiative, 2017. 
213 Source: DG Environment data analysis. EU financing sources covered: 
ESI  Funds  (ERDF,  CF,  ESF,  YEI,  EAFRD,  EMFF),  Horizon  2020,  LIFE,  EFSI 
(EU amount), EIB loans. National financing: total national environmental 
protection  capital  expenditure  (investments)  -  source:  Eurostat  EPEA 
dataset.  Cut-off  date  for  data:  end  2021.  N.B.  The  total  financing  may 
be  higher,  in particular  through further  indirect  investments,  requiring 
further analysis in the future.   

Portugal  40 

Figure 46: Total environmental financing baseline (2014-
2020)  and  estimated  needs  (2020-2030)  in the EU27 (% 
of GDP) 214 

Portugal’s environmental financing for investments came 
to an estimated 1% of GDP (EU average:  0.7%) in 2014-
2020,  in  two-thirds  relying  on  domestic  sources.  On  the 
other  hand,  the  country’s  environmental  investment 
needs  in  the  2021-2027  period  are  found  to  reach  over 
1.26%  of  GDP  (covering  need  broken  down  by  Member 
State), suggesting an additional financing need (gap) of at 
least  0.26%  of  GDP  –  that  is  likely  higher  when  also 
accounting for needs estimated currently at EU-level only 
(e.g.  water  protection,  higher  circularity,  biodiversity 
strategy etc.).  

2022 priority actions 

 

  Devise  an  environmental  financing  strategy  to 
maximise  opportunities  for  closing  environmental 
implementation  gaps,  bringing  together  all  relevant 
administrative levels. 
level  of  financing  for  the 
increased 
Ensure  an 
environment, 
sources 
(currently  accounting  for  a  third  of  the  total),  to 
cover  significant 
investment  needs  across  the 
environmental  objectives  compared  to  past  level  of 
financing. 

from  private 

including 

214 European Commission, ESI Funds Open Data, 2021. 

Environmental Implementation Review 2022 – Portugal 

 
                                                                                                        
 
 
 
 
 
                                                                 
Portugal  41 

6. Environmental Governance 

Information, public participation and access to 
justice 

Table  4:  Country  dashboard  on  the  implementation  of 
the INSPIRE Directive, 2016-2020219 

Citizens  can  more  effectively  protect  the  environment  if 
they  can  rely  on  the  three  ‘pillars’  of  the  Aarhus 
Convention:  
(i) access to information;  
(ii) public participation in decision making; 
(iii) access to justice in environmental matters.  

It is of crucial importance to public authorities, the public 
and businesses that environmental information is shared 
efficiently  and  effectively215.  Public  participation  allows 
authorities  to  make  decisions  that  take  public  concerns 
into account. Access to justice is a set of guarantees that 
allows citizens and NGOs to use national courts to protect 
the  environment216.  It  includes  the  right  to  bring  legal 
challenges (‘legal standing’)217. 

Environmental information 

This section focuses on Portugal’s implementation of the 
INSPIRE Directive. 

The  INSPIRE  Directive  aims  at  establishing  a  European 
spatial  data  infrastructure  for  sharing  environmental 
spatial  information  between  public  authorities  across 
Europe, assisting in policy-making across boundaries and 
facilitating  public  access  to  this  information.  Geographic 
information  is  needed  for  good  governance  at  all  levels 
and should be readily and transparently available. 

Portugal’s  performance  could  be  better.  It  has  been 
reviewed  based  on  the  2021  country  fiche218.  Data 
identification  and  documentation  have  made  good 
progress, and implementation levels are good. However, 
more  efforts  are  needed  to  make  the  data  more  widely 
accessible. 

215  The  Aarhus  Convention,  the  Access  to  Environmental  Information 
Directive  (Directive  2003/4/EC)  and  the  INSPIRE  Directive  (Directive 
2007/2/EC)  together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities  and  with  the 
public. This EIR focuses on the INSPIRE Directive's implementation.  
216 These guarantees are explained in the Commission Notice on access 
to  justice  in  environmental  matters,  OJL  275,  18.8.2017  and  a  related 
Citizen's Guide. 
217  This  EIR  focuses  on  the  means  implemented  by  Member  States  to 
guarantee  rights  of  access  to  justice,  legal  standing  and  to  overcome 
other major barriers to bringing cases on nature and air pollution. 
218 INSPIRE in your country - Portugal 

2016 

2020 

Legend 

is 

addressed 

■  Implementation  of  this 
well 
provision 
advanced 
(nearly) 
or 
completed.  Outstanding 
issues  are  minor  and  can 
easily. 
be 
Percentage: >89% 
■  Implementation  of  this 
provision  has  started  and 
made some or substantial 
progress  but  is  still  not 
close  to  be  complete. 
Percentage: 31–89% 
■  Implementation  of  this 
falling 
provision 
behind. 
significantly 
are 
efforts 
Serious 
close 
necessary 
to 
implementation 
gap. 
Percentage: <31% 

is 

Effective  coordination  and  data 
sharing 
Ensure  effective 
coordination  

■ 

■  

Data 
sharing 
without obstacle   ■ 

■ 

INSPIRE performance indicators 
i.  Conformity  of 
metadata  

■ 

■ 

ii.  Conformity  of 
spatial 
data 
sets220 

■ 

■ 

iii. Accessibility of 
spatial  data  sets 
through view and 
download 
services 
iv.  Conformity  of 
network services  ■ 

■ 

■ 

■ 

Public Participation 

Portugal  has,  since  2015,  made  available  an  integrated 
online service221 allowing citizens, NGOs, or businesses to 
participate  in  EIA  and  SEA  processes;  the  “Participa” 
website makes available a full list of cases, with access to 
relevant  documentation,  and  facilitates  submission  of 
evidence  by 
to 
environmental information and associated administrative 
documents is guaranteed in law. However, information is 
not yet available on the extent to which the public makes 
use  of  the  opportunity  to  participate  in  SEA  and  EIA 

In  addition,  access 

the  public. 

219 INSPIRE Knowledge base, 2021. 
220 The deadlines for implementation of the spatial data interoperability 
were  in  2016  still  in  the  future:  23/11/2017  for  Annex  I  data  and 
21/10/2020 for Annex II and III data. It must be also considered that this 
conformity indicator will in many cases never reach 100% conformity as 
majority  of  the  countries  provide  as-is-data  sets  in  addition  to  the 
INSPIRE harmonised data sets. 
221 See the Participa Website. 

Environmental Implementation Review 2022 – Portugal 

 
 
 
 
 
                                                                 
  
  
  
  
                                                                 
processes,  and  it  is  therefore  not  possible  to  identify  if 
further  action 
is  needed  by  public  authorities  to 
encourage participation. 

Access to justice 

Portugal  allows  both 
individuals  and  environmental 
associations  to  bring  legal  actions  on  environmental 
matters. NGOs have legal standing to promote within the 
competent  entities 
the  administrative  means  of 
environmental protection and to initiate and intervene in 
administrative  and  in  judicial  procedures,  regardless  of 
any  direct  interest  in  the  case.  There  are  no  additional 
legal  requirements  for  recognising  legal  standing  of 
NGOs,  such  as  time  of  constitution,  effective  activity  or 
number  of  associates.  NGOs  may 
in 
administrative  proceedings  provided  that  they  have  an 
environmental  scope  in  their  statutory  regulations  also 
when  challenging  SEA  decisions  (either  the  plan  or 
program  or  the  environmental  report  or  both)  and  also 
other  plans  and  programmes.  There  is  also  a  system  of 
regular  and  substantive  supervision  of  regulatory  legally 
binding  acts  and  it  is  accessible  for  the  members  of  the 
public and NGOs. 

intervene 

As pointed out in the 2019 EIR, the main deterrent from 
legal  challenges  in  Portugal  appears  to  be  the  high 
judicial costs. 

There is some information on access to justice, usually in 
the  official  language  of  the  country  only,  maintained  by 
the  government,  and  it  needs  to  be  searched  for.  The 
main  source  of  information  is  the  APA  website  and  the 
website  of  the  Lisbon  Office  of  the  Attorney  General, 
which  includes  notes  regarding  legal  amendments  and 
cross-references to other legislation. 

includes  a  section  on  access  to 

The  Commission  has  developed  the  e-Justice  portal222, 
in 
which 
environmental  matters,  including  also  country  specific 
information for each Member State223. 

justice 

In 2019, there was a priority action addressed to Portugal 
on  access  to  justice,  namely  to  better  inform  the  public 
about their rights on access to justice. It is concluded that 
there has been limited progress made. 

2022 priority actions 

  Gather  and  publish  annual  information  on  public 

 

participation in SEA and EIA processes. 
Identify whether further action by public authorities 
is  necessary  to  ensure  that  the  impressive  range  of 
tools  for  public  participation  leads  to  improved 
public engagement in decision-making. 

222 See the Commission eJustice portal. 
223 See Access to justice in environmental matters in Portugal. 

Portugal  42 

  Better  inform  the  public,  e.g.  using  the  relevant 
Commission  eJustice  fact  sheets,  about  their  rights 
on access to justice in environmental matters. 
Some actions and monitoring need to be carried out 
to ensure that costs are not a hindrance to effective 
access to justice in environmental matters. 

 

Compliance assurance  

to  ensure 

Environmental compliance assurance covers all the work 
undertaken  by  public  authorities 
that 
industries,  farmers  and  others  fulfil  their  obligations  to 
protect water, air and nature, and manage waste224.  
It includes support measures provided by the authorities 
such as: 
(i) compliance promotion225;  
(ii)  inspections  and  other  checks  that  they  carry  out,  i.e. 
compliance monitoring226;  
(iii)the  steps  that  they  take  to  stop  breaches,  impose 
sanctions  and  require  damage  to  be  remedied,  i.e. 
enforcement227.  

Citizen  science  and  complaints  enable  authorities  to 
liability228 
focus  their  efforts  better.  Environmental 
ensures that the polluter pays to remedy any damage.  

Compliance promotion and monitoring 

The Portuguese authorities launched a website dedicated 
to  information  on  the  Natura  2000  network229  in  2020, 
and  already  provides  detailed 
information  on  the 
applicable  legislation.  However,  the  information  is  not 
easy  for  land  managers  and  general  users  to  navigate, 
and  does  not  add  significantly  to  compliance  assurance. 
Similarly,  detailed  information  on  the  requirements  of 
the  Nitrates  Directive  is  provided,  and  a  Code  of  Good 
Agricultural  Practices230  includes  a  range  of  measures 
designed  to  improve  compliance  but  the  code  is  not 
formulated  in  a  way  which  makes  it  easy  for  land 
managers  to  interpret,  or  to  identify  which  measures 
they should adopt. Further and more usable information 
is provided in some cases at regional level, although it is 
unclear how actively it is kept up to date or disseminated. 

224  The  concept  is  explained  in  detail  in  the  Communication  on  EU 
actions  to 
improve  environmental  compliance  and  governance 
COM(2018)10  and  the  related  Commission  staff  working  document, 
SWD(2018)10.  
225 This EIR focuses on the help given to farmers to comply with nature 
and nitrates legislation.  
226 This EIR focuses on inspections of major industrial installations.  
227  This  EIR  focuses  on  the  availability  of  enforcement  data  and  co-
ordination between authorities to tackle environmental crime. 
228  The  Environmental  Liability  Directive,  2004/35,  creates  the 
framework. 
229 Portugal – geographical information on the Natura 2000 network. 
230 Code of Good Agricultural Practices, Nitrates Directive. 

Environmental Implementation Review 2022– Portugal 

 
                                                                 
 
                                                                 
Portugal  43 

Despite the fact that EIR 2019 recommended Portugal to 
continue  to  make  efforts  to  further  reduce  nitrates 
pollution  from  agriculture  in  ground  water,  no  recent 
(2019-2021)  relevant  protection  measure/tool  and  data 
were found. In addition, as a priority action, the 2019 EIR 
pointed  out  that  more  detailed  online  information  to 
help  farmers  about  how  to  comply  with  obligations  on 
nature  is  required  –  currently,  there  is  sufficient  online 
information  in  that  regard  at  a  local,  regional  and 
national level. In any case, more promotion activities are 
required. 

level  of 

information 

is  made  public  on 
A  good 
environmental inspections, based on a clear and formally 
adopted  Environmental  Inspections  Guide.  Information 
on  planned  inspections  is  provided,  as  is  information  on 
inspections  carried  out,  together  with  a  regular  annual 
in 
report  on  complaints  received  and  action  taken 
response.  Detailed  information  on  the  inspections  is 
available,  and  improvements  have  been  made  on  the 
search ability of the data (presentation of the information 
by  sector  of  activity).  The  2019  EIR  pointed  out  that 
public  authorities  shall  publish  inspection  reports  and 
that  they  are  required  to  have  inspection  plans  public 
authorities. Both these obligations were fulfilled in 2019 
EIR and Portugal is still currently compliant. 

Complaint handling and citizen science 

information 

Portugal has a clear and user-friendly system for citizens 
to  make  complaints  about  environmental  issues;  and  as 
noted  above, 
is  published  annually  on 
complaints  received  and  the  action  taken  in  response. 
Further  efforts  are  being  made  to  improve  this  system, 
with IGAMAOT and a number of other public authorities 
cooperating in the establishment of a single platform for 
complaints  on  Agriculture,  Sea  and  Environment  (iFAMA), 
including Nature Conservation and Spatial Planning which 
is  expected  to  be  available  from  2022,  which  will  allow 
citizens  to  track  the  management  of  the  case  by  the 
public  authorities.  The  Republican  National  Guard  also 
makes  a  separate  form  available  on  its  website  for  the 
reporting of suspected environmental crimes. 

While the complaint handling processes described above 
appear to provide a robust channel for citizens to register 
issues, 
concerns  or  complaints  about  environmental 
there 
little  evidence  of  further  use  of  citizens’ 
engagement, or citizen science activities. 

is 

Enforcement  

Concerning  a  more  effective  enforcement,  since,  and 
including,  the  year  2017,  Portugal  has  a  National  Plan  for 
Environmental  Inspection  and  Enforcement  (PNFIA),  an 
annual  plan  with  national  incidence,  based  on  a  digital 
platform  coordinated  by  IGAMAOT,  with  the  purpose  of 

in 

and 

inspection 

attributions 

developing synergies resulting from the articulation, of the 
attributions  of  each  of  the  entities  with  permitting, 
enforcement 
the 
governmental  area  of  the  environment.  PNFIA  platform 
allows  accommodating  and  planning  of  enforcement  in  a 
coordinated  manner,  as  well  as  maximizing  resources  and 
avoiding  unjustified  overlaps  of  action,  with  gains  in 
efficiency  in  the  activity  of  monitoring  compliance  with 
legislation  by  the  Administration.  The 
environmental 
entities 
the 
integrate  PNFIA  are 
that 
Commissions  for Coordination and Regional Development 
(CCDR)  of  the  North,  Centre,  Lisbon  and  Tagus  Valley, 
Alentejo and Algarve, the Portuguese Environment Agency 
(APA)  and,  since  2020,  the  Directorate-General  for  Energy 
and  Geology  (DGEG).  In  addition  to  information  on 
individual  inspections,  summary  data  is  provided  on 
overall  levels  of  activity  by  the  General  Inspection  of 
Agriculture,  Sea,  Environment  and  Spatial  Planning 
(IGAMAOT).  Statistics  published  by  the  Directorate-
General for Justice Policy separately identify categories of 
environmental crimes.  

IGAMAOT, 

the 

identify  the 

Guidelines  defined  at  national  level  for  criminal  justice 
policy231 
investigation  of  environmental 
crimes  as  a  priority.  A  document  with  a  technical-
identification  of 
for 
scientific  methodology 
environmental "substantial damage" to water resources, 
which  will  also  allow  for  the  differentiation  between 
environmental  administrative  offences  and  crimes  is 
being prepared by several national authorities. IGAMAOT 
has adopted an information management  system, which 
allows  it  to  collect  information  on  environmental  crimes 
committed 
investigation  processes 
delegated  by  the  Public  Prosecutor.  IGAMAOT  is  also 
working on a computer platform with the registration of 
all  national  environmental  sanctioning  and  preventive 
measures, and judicial decisions.  

criminal 

and 

A  formal  agreement  between  the  IGAMAOT  and  the 
Judiciary  Police  was  signed  in  2021232,  providing  for 
collaboration  in  prevention,  detection,  and  investigation 
of  crimes;  for  exchange  of  information  and  knowledge; 
and also for joint training activities through the Judiciary 
Police School. 

For  a  more  effective  articulation  with  IGAMAOT,  the 
Portuguese  Public  Prosecution  Service  (PGR)  issued  the 
that  ensures  articulation 
Instruction  n.º  1/2019 
mechanisms,  especially 
in  procedures  during  judicial 
appeals  of  environmental  contraventions.  The  Directive 
1/2021  from  PGR,  underlines,  concerning  methodology, 
the  need  to  concentrate  the  investigation  within  a 
nucleus  of  prosecutors  to  reach  specialization;  the  core 
competences  of  IGAMAOT  as  the  police  authority  with 

231 See the published Guidelines. 
232 See the cooperation agreement. 

Environmental Implementation Review 2022– Portugal 

 
                                                                 
investigations;  the 
criminal  competences  to  support 
convenience  of  the  constitution  of  mixed  investigation 
teams;  the  convenience  of  internal  articulation  between 
different 
jurisdictions  within  the  Public  Prosecution 
Service; and the cooperation between police authorities. 

Environmental Liability Directive  

Anticipating the provisions of article 18 of Environmental 
Liability  Directive  (ELD),  as  amended  by  Regulation  (EU) 
2019/1010,  of  5  June  2019,  which  determines  the 
disclosure  of  information  by  Member  States  on  the 
experience gained with the application of the ELD by 30 
April of 2022, Portugal provided annual reports on cases 
under  the  ELD  since  2019233.  These  occurrences  were 
reported  using  a  communication  platform  specifically 
developed  for  the  purpose  and  made  available  on  the 
APA website234. This National Communication System and 
the  National  Report  on  ELD  Cases,  published  in  2020, 
were  recognized  as  “Environmental 
liability  –  Best 
practices”  by  the  European  Commission235i.  The  reports 
provide  a  case-by-case  annex  detailing  actions  taken  in 
response. 

the 

financial 

guarantees, 

Regarding 
National 
Environmental  Liability  Legal  Regime  (Decree  Law  No. 
147/2008)  imposes  their  mandatory  constitution  since 
2010 for all operators carrying out activities in Annex III. 
Furthermore,  APA  made  available  at  its  website  a  FAQ’s 
document  with  guidance  on  this  matter,  among  others 
related to environmental liability236. 

fiche  providing  an  overview  of 

A  country 
the 
implementation  of  the  ELD  in  Portugal  was  also  made 
available by the European Commission237. 

2022 priority actions 

 

Providing  more  targeted  information  online  to  help 
farmers  understand  how  to  comply  with  obligations 
on nature protection. 

Effectiveness of environmental 
administrations  

Those  involved  in  implementing  environment  legislation 
at  Union,  national,  regional  and  local  levels  need  to  be 
equipped  with  the  knowledge,  tools  and  capacity  to 
improve the delivery of benefits from that legislation, and 
the governance of the enforcement process. 

233 See 2019 report and 2020 report. 
234 APA Website, Environmental Liability, communication form. 
235  European  Commission  –  DG  ENV  –  Environmental  liability  –  Best 
practices. Portuguese ELD Report 2020. 
236 APA – Environmental liability, FAQs. 
237 Implementation of the ELV- Fiche Portugal. 

Portugal  44 

Administrative capacity and quality 

Environmental  policy  developments 
in  Portugal  are 
mainly  driven  by  EU  Directives  and  Regulations,  and  the 
relevant  EU  rules  are  generally  transposed  in  time.  At 
present,  the  number  of  complaints  and  infringements  in 
the environmental field can be considered  below the EU 
average. 

Overall,  during  the  last  decade  an  improvement  in  the 
implementation of EU environmental law in the different 
sectors  can  be  observed.  For  instance,  there  has  been 
the 
the 
progress 
environmental assessments. 

implementation  of 

regarding 

The  Recovery  and  Resilience  Plan  (RRP)  for  Portugal 
includes  a  wide  range  of  measures  to  improve  the 
performance  of  the  public  administration  and  boost  the 
digital transition. This improvement should also affect the 
environmental field. 

Coordination and integration  

As  mentioned  in  the  previous  EIRs,  the  transposition  of 
the  revised  EIA  Directive238  provides  an  opportunity  to 
streamline  the  regulatory  framework  on  environmental 
assessments.  Despite  a  delay  in  full  transposition  in 
relation  to  the  deadline  (May  2017),  Portugal  has 
transposed  the  revised  EIA  Directive.  The  quality  of  the 
transposition  has  been  assessed  by  the  Commission 
services.  Some  gaps  were  detected  and  the  Commission 
opened an infringement procedure, which is currently at 
reasoned opinion stage. 

to 

to 

in  order 

applicable 

The  Commission  encourages  the  streamlining  of  the 
environmental  assessments 
reduce 
duplication  and  avoid  overlaps 
in  environmental 
assessments 
projects.  Moreover, 
streamlining  helps  reducing  unnecessary  administrative 
burden  and  accelerates  decision-making,  without 
compromising 
the  environmental 
assessment  procedure239.  Portugal  has  introduced  the 
streamlining  of  environmental  assessments  under  EIA 
and  Habitats  Directives  already  prior  the  revision  of  the 
EIA  Directive.  Coordinated  procedures  have  been 
established  for  EIA,  Water  Framework  Directive  and 
Industrial Emission Directive. 

the  quality  of 

It  can  be  highlighted  as  a  good  practice  the  Single 
that  has  been 
Environmental  Permitting  Platform 

238 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. 
239 The Commission issued a guidance document in 2016 regarding the 
setting  up  of  coordinated  and/or 
that  are 
simultaneously subject to assessments under the EIA Directive, Habitats 
Directive,  Water  Framework  Directive,  and  the  Industrial  Emissions 
Directive, OJ C 273, 27.7.2016, p. 1.  

joint  procedures 

Environmental Implementation Review 2022– Portugal 

 
                                                                 
                                                                 
Portugal  45 

Portugal  has  been  active  in  this  respect  and  has  already 
in  the  fields  of  waste 
benefited  from  the  EIR-P2P 
management,  air  quality, 
forest  management  and 
sustainable urban development. 

In  particular,  from  2019  these  EIR-P2P  events  have 
counted with the participation of Portugal: 

-  Multi-country  workshop  on  sustainable  urban 
development that took placed in Belgium (2019). 
Expert  Mission  on  Waste  Management, 
organised in Portugal (2019). 

- 

in 

-  Multi-country  Workshop  on  Ammonia  reducing 
technology  and  measures:  how  to  include  the 
reduction  effect 
the  national  emission 
inventory  and  projections.  This  event  was 
virtually organised by the Commission (2021). 
-  Multicounty  TAIEX  EIR  Flagship  Workshop: 
Towards  Zero  Pollution  for  Air,  Water  and  Soil. 
This  event  was  virtually  organised  by  the 
Commission (2022). 

developed  to  operationalize  the  Single  Environmental 
Permitting  Regime,  which  simplifies,  harmonizes  and 
articulates many environmental permits. 

2022 priority actions 

 

Improve overall national environmental governance, 
in  particular  the  administrative  capacity  and  the 
levels  of 
coordination  between 
government. 

the  different 

Reforms through the Commission’s Technical 
Support Instrument (TSI) 

The Commission supports environmental implementation 
and  the  green  transition,  not  only  through  the  EU 
financing programs, but also granting technical assistance 
such as the TSI. 

The Commission’s TSI supported two projects in Portugal 
in 2019-2020 to promote the circular economy: “Circular 
Economy:  Closing  the  loop  –  From  waste  to  resource  – 
The  key  for  the  success”  and  “Reduce-Reuse-Recycle:  3 
Roads to a Circular Economy”. 

Under  the    2021  call  ,  three  projects  in  the  field  of  the 
environment are being supported: “Pilot implementation 
of  the  National  Plan  for 
Integrated  Wildland  Fire 
Management”,  “New  green  tax  reform  –  resources  and 
pollution”, and “More effective, efficient and accountable 
environmental permits and inspections”. 

Under  the  TSI  2022,  a  selected  project  will  address  the 
development  of  decarbonisation,  digitization  and  a 
sustainable blue economy for the maritime and fisheries 
sectors  (including  marine  environment  planning  and 
sustainability). 

TAIEX EIR peer to peer Projects 

The Commission launched the TAIEX EIR peer to peer tool 
in  2017  to  facilitating  peer-to-peer  learning  between 
environmental  authorities240.  The  EIR-P2P  can  support 
various  types  of  peer  exchange:  expert  missions,  study 
visits  and  workshops  in  a  very  wide  range  of  sectors 
covered by the EIR. This initiative has been welcomed by 
the Member States, at national, regional and local level. 

During  the  last  years,  the  EIR-P2P  events  have  been 
logically  affected  by  the  pandemic,  although  they  have 
continued  in  other  formats.  New  activities  are  ongoing 
and  the  Commission  will  continue  supporting  this 
successful tool. 

240 The TAIEX-EIR Peer-to-Peer (EIR-P2P). 

Environmental Implementation Review 2022– Portugal