Measures to reduce the consumption of single-use products and to promote reuse and recycling

March 15, 2022

The approval of the Regional Legislative Decree no. 5/2022/A, of 4 March establishes measures to reduce the consumption of single-use products and promote reuse and recycling, preventing waste production and its environmental impact. This decree transposes Directive (EU) 2015/720 of the European Parliament and the Council, of 29 April 2015, into the legal system of the Autonomous Region of the Azores, amending Directive 94/62/EC regarding the reduction of lightweight plastic carrier bags' consumption. It also partially transposes Directive (EU) 2019/904 of the European Parliament and of the Council, of 5 June 2019, on the reduction of the impact of certain plastic products on the environment.

According to this decree (does not dismiss its reading), the following measures come into force immediately:

Prohibition of placing on the market
The following single-use plastic products are prohibited from entering the regional market:
• cotton bud;
• cutlery (forks, knifes, spoons and chopsticks);
• plates;
• straws;
• drink stirrers;
• sticks designed to be attached to balloons and to hold them in place (except for balloons for industrial or other professional use which are not distributed to consumers);
• containers, such as boxes with or without lids, made of expanded polystyrene used to contain food:
     ♦ intended for immediate consumption on the spot or to take away;
     ♦ typically consumed from the container;
     ♦ ready to consume without preparation (without cooking, baking or heating);
• beverage cups and containers made of expanded polystyrene, including covers, caps and lids.

It is also prohibited the entry into the regional market of any product of which the main structural component is an oxo-degradable plastic.

Availability of plastic tableware
In the establishments and other places where retail trade, accommodation, restaurant or drinking activities are carried out, including non-sedentary activities, it is forbidden to have available single-use plastic tableware whose main component is plastic (plates, bowls, boxes, cups, including their covers or lids, as well as spoons, forks, knives, chopsticks or sticks, straws and stirrers). 

In these establishments, where food products or ready-to-eat meals are sold for take-away or home delivery, it is forbidden to group or wrap food products or meals in boxes and single-use cups whose main component is plastic, including their covers or lids.

Placing on the regional market – marking requirements
The following single-use plastic products may be placed in the regional market, if they comply with the marking provisions defined in the diploma: pads, sanitary tampons and tampons with applicator; wet wipes (pre-moistened wipes for personal hygiene and household use); filter tobacco products and filters marketed for use in combination with tobacco products; and beverage cups.

The decree provides for the implementation by the Government, under terms to be defined by ordinance, of a pilot system for the deposit of plastic, glass and metal beverage packaging, including an incentive mechanism for consumers to return packaging to ensure its recycling.

Further measures will gradually come into force later on:
From 1 June 2022, measures will come into force regarding waste separation and forwarding in establishments and other places where retail trade, accommodation, restaurant or drinking activities, including non-sedentary activities, are carried out.

From 1 June 2023, new measures to reduce the consumption of plastic bags will come into force.

From 1 July 2024, measures to place single-use plastic drinks containers on the regional market will come into force.

For more information, please visit the Portal dos Resíduos.