Environmental protection and the sustainability of natural resources are fundamental pillars of legislation in Portugal, requiring companies from different sectors to maintain a responsible and transparent attitude in their interaction with the environment. To fulfil this objective, legislation establishes that companies must submit detailed information to the Portuguese Environment Agency (APA) relating to waste management, emissions or consumption of natural resources. In this context, the Single Environmental Permit (TUA – Título Único Ambiental) was approved by Decree-Law 75/2015 of 11 May. This tool simplifies administrative processes and centralises environmental permits, although the obligations to submit data also apply to companies that do not need a TUA. This article analyses the main requirements and procedures, highlighting the importance of environmental compliance for all companies.

1. Regulatory Authorities

Environmental regulation in Portugal is carried out by various organisations, each with specific roles in implementing and overseeing environmental policies. The Ministry of the Environment and Energy is the government body responsible for defining and coordinating these policies. The main regulatory bodies include:

• Portuguese Environment Agency (APA – Agência Portuguesa do Ambiente), which manages licences and monitors environmental compliance.
• The Water and Waste Services Regulatory Authority (ERSAR), which focuses on the water and waste sectors.
• General Inspectorate for Agriculture, the Sea, the Environment and Spatial Planning (IGAMAOT), responsible for monitoring and inspections.
• The Institute for Nature Conservation and Forests (ICNF), which oversees biodiversity conservation and forest resources.
• Regional Coordination and Development Commissions (CCDR), which manage spatial planning and the regional implementation of environmental policies.

In addition, the Industrial Emissions Regime (Decree-Law 127/2013), in line with Directive 2010/75/EU, strengthens pollutant limits and introduces requirements such as the baseline report for assessing contamination, promoting greater responsibility on the part of industrial operators in controlling hazardous substances.

2. Legislation enforcement

Regulators in Portugal ensure compliance with environmental obligations through a combination of continuous monitoring, inspections and sanctioning procedures. Companies and industrial operators must periodically send to APA the detailed information on their activities, including data on pollutant monitoring, waste management, water resource use and environmental reports. In addition, it is compulsory to obtain various licences and authorisations before starting certain operations.

In cases of non-compliance, the APA can refer the situation to the IGAMAOT, which will initiate administrative offence proceedings. IGAMAOT, as the main environmental inspection body, has the authority to carry out unannounced inspections and can enter facilities and check for compliance. It is common for industrial operators to be inspected at least once every three years.

In addition, the APA, the ICNF and the CCDR have inspection services that cover activities in their territory, especially in cases of complaints or possible irregularities.

If serious risks are detected, such as the danger of major accidents due to dangerous substances, the operation can be suspended or banned. In cases of environmental offences, the Public Prosecutor’s Office is informed and the case goes to court.

3. Licences and regulator

The licences required to start an industrial activity in Portugal are the operating permit and the environmental licence, issued by the licensing coordinating body and the APA, respectively. The issuing of the operating licence is conditional on the prior obtaining of the environmental licence or the absence of a decision by the competent authorities within the legal deadline. Thus, industrial activity cannot begin without both licences being formally granted.

For activities whose main operation involves the incineration or co-incineration of waste, only the operating licence, issued by the APA, is required. In the case of industrial activities that are not related to waste management, the environmental licence is sufficient, which may contain specific provisions relating to waste management facilities, combustion plants or titanium dioxide facilities.

The environmental licence is valid for a maximum of 10 years and must be renewed six months before it expires. The operating licence, for incineration or co-incineration activities, is valid for up to 7 years, with the same renewal conditions. The operating licence varies according to the legal regime applicable to the activity in question.

4. Single Environmental Licence (LUA – Licenciamento Único Ambiental)

The Single Environmental Licence (LUA) is a scheme that aims to simplify and consolidate environmental licensing procedures in Portugal. Implemented by Decree-Law no. 75/2015, LUA brings together various environmental licensing and authorisation regimes in a single process, reducing bureaucracy and increasing efficiency for economic operators and licensing bodies.

Objective and Scope

The main objective of LUA is to integrate the environmental obligations and conditions applicable to an activity or installation into a single title – the TUA. This title encompasses different regimes such as air emissions licensing, waste management, use of water resources, pollution prevention and control, and greenhouse gas licensing, among others.

Advantages of LUA

Reduced Costs and Deadlines: The integration of licensing regimes into a single process reduces the time and resources needed to obtain all the required licences.

Centralisation of Information: All environmental obligations are consolidated, allowing greater clarity and traceability for operators.

Ease of Legal Compliance: The TUA clearly presents the conditions and deadlines to be met, promoting environmental compliance.

How does it work?

Applications for licences under the LUA are made electronically via the SILiAmb platform, where you can submit documents, follow the process and receive notifications. LUA is applicable to both new installations and existing installations that need to renew or significantly amend their licences.

Legal regimes

TheLUA covers various environmental legal regimes that regulate different aspects of economic and industrial activities. Each of these regimes represents a specific area of environmental impact that must be managed in accordance with the applicable legislation. According to Decree-Law 75/2015, the schemes included in the LUA are:

• Integrated Pollution Prevention and Control (IPPC) – Regulates activities subject to environmental licensing, ensuring the reduction of emissions and the efficient use of natural resources.
• Air Emissions – This covers the licensing of potentially air-polluting activities and sets emission limits.
• Waste Management – Includes authorisations for waste management, transport and recovery operations.
• Use of Water Resources – Covers the abstraction, use and discharge of water, guaranteeing the sustainability of water resources.
• Prevention of Serious Accidents (Seveso) – Regime that applies safety measures to installations with dangerous substances, preventing serious accidents.
• Greenhouse Gas Licensing (CELE) – Covers the obligations of installations under the European trade in greenhouse gas emission licences.
• Noise – Regulates activities that may cause significant acoustic impact, establishing noise limits.
• Inert Extraction – Regulates the exploitation of mineral resources and other inert materials.

These regimes are consolidated in the TUA, which ummarises the compliance conditions applicable to the installation or activity, facilitating its environmental management in an integrated and efficient manner.

5. Single Environmental Permit

The TUA is a regulatory instrument that simplifies and groups together the environmental licences and authorisations required for industrial activities. The conditions of the TUA are determined according to the specifics of the installation and its activity, and may include a series of environmental monitoring and reporting obligations, depending on the nature of the process. Among the most common requirements are reports on atmospheric emissions, waste management, consumption of natural resources and wastewater quality.

AER – Annual Environmental Report

For operators of installations subject to the IPPC regime, a fundamental environmental obligation is the preparation of the Annual Environmental Report (AER). This report is mandatory for holders of the TUA, as specified in the IPPC decision.

The main aim of the AER is to ensure compliance with the conditions set out in the environmental licence, promoting continuous improvement in environmental management. The report must include detailed information on atmospheric emissions, waste management, consumption of natural resources, wastewater quality and the measures adopted to minimise environmental impacts. It must also record incidents that have occurred and the corrective actions implemented, acting as an essential tool for inspection by the competent authorities.

The AER is submitted annually via the SILiAmb platform, which ensures transparency and traceability of the environmental practices of licensed facilities. In addition, the AAR must be validated by qualified verifiers, as required by the APA, which guarantees the conformity and accuracy of the information provided.

PRTR – Pollutant Release and Transfer Register Protocol

One of the periodic environmental reporting obligations of Portuguese companies is to submit information to the Pollutant Release and Transfer Register (PRTR), regulated by Decree-Law no. 127/2008. This system aims to monitor and publicise data on pollutant emissions and transfers, promoting greater transparency and environmental responsibility.

The activities included in the PRTR cover industrial sectors with significant environmental impacts, such as the energy, chemical, waste management and agro-industrial sectors. Companies that exceed the established thresholds for pollutants or waste transfer are obliged to annually report detailed information on emissions to air, water and soil, as well as off-site waste management. This data is submitted via the APA electronic platform, which integrates this process with other regimes, such as IPPC.

As well as facilitating control by the authorities, the PRTR offers accessible data to the public, encouraging more sustainable industrial practices.

MIRR – Integrated Waste Registration Map

Another important environmental obligation is the Integrated Waste Registration Map (MIRR – Mapa Integrado de Registo de Resíduos), which is mandatory for all organisations that generate, transport or treat waste in Portugal. This report must be submitted annually, between 1 January and 31 March, via the Integrated Electronic Waste Registration System (SIRER – Sistema Integrado de Registo Eletrónico de Resíduos) on the SILiAmb platform. Failure to submit the MIRR is a serious environmental offence, subject to penalties.

The obligation to complete it applies to establishments that deal with various waste streams, including batteries, tyres and end-of-life electrical equipment. The MIRR is essential for tracking the production and management of waste, ensuring control over the environmental impact of each activity. Companies located in the Azores should use the Regional Waste Information System (SRIR – Sistema Regional de Informação sobre Resíduos) instead of SILiAmb.

In addition, the data reported is fundamental to the fulfilment of national waste management targets and to guaranteeing transparency in the sector’s operations.

6. Conclusion

Environmental licensing in Portugal provides a robust framework for controlling environmental impacts, centralising licences and authorisations through the TUA and promoting transparency in reporting processes. However, there are significant opportunities to improve this system.

More advanced digital integration, technical support for companies and simplification of procedures could reduce administrative burdens and increase compliance. Adopting a risk-based monitoring model and strengthening public transparency would incentivise environmental responsibility, while adjustments to the legal regime could more effectively support the energy transition and circular economy.