PORTUGAL
New packaging directive as of 1 January / "Ponto Verde" based on German system
To comply with EU Guideline No. 94/62/CE, Portugal has passed two new directives on the disposal of sales packaging. Under the new laws, Decreto Lei (national law) No. 322/95 and Portaria No. 313/96, Portugal initiated a "green dot" similar to the German "Grüner Punkt" on 1 January 1998. As of this date, all importers into Portugal must use the symbol and sign a licensing agreement with the Portuguese company Sociedade Ponto Verde. Generally speaking, the Portuguese system is comparable to the existing German one. The main differences are found in the area governed by the laws and in regulations governing implementation.

As of November 1997, the Portuguese government has delegated to the private stock company Sociedade Ponto Verde, Sociedade Gestora de Residuos de Embalages, S.A. (SPV) the responsibility of disposing of sales packaging and issuing "green dots". This responsibility includes transport packaging, in contrast to the German "dual system".

The Portuguese law stipulates that packaging which arrives on the Portuguese market as of 1 January 1998 must be reclaimed by the distributor of the packaged goods. However, this obligation can be transferred to the SPV in a manner similar to that employed by the German system. After paying the corresponding fee to this license granting organization, a foreign supplier is entitled to use the green dot and is relieved of its obligation to reclaim and dispose of its packaging material.

Thanks to an agreement between the European organization Pro Europe, whose HQ is in Brussels, and the Portuguese Sociedade Ponto Verde, the German symbol and the words "Grüner Punkt" can be used in Portugal without translation, under the condition that disposal fees falling due in Portugal be paid to Sociedade Ponto Verde. Not only the license application but also all correspondence must be in Portuguese.

In addition, the Portuguese calculation methods differ from those of the German system. Sociedade Ponto Verde's disposal fees are on the average only 30% of comparable German fees. The Deutsch-Portugiesische Handelskammer (German-Portuguese Chamber of Commerce, or AHK), in cooperation with the German stock company Duales System Deutschland AG (DSD, Frankfurter Str. 720-726, D-51145 Köln), is currently involved in contract negotiations with Sociedade Ponto Verde. The goal is a contract which would authorize the AHK to represent the interests of German companies regarding the Portuguese "Ponto Verde". This, in turn, could help to resolve administrative questions more quickly and unbureaucratically.

Contact address: AHK Lisbon: Service "Grüner Punkt", Av. da Liberdade, 38-2, P-1250 Lisboa Tel: +35 11 3211200, Fax +35 11 3467150.
31.01.1998 Plasteurope.com [18893]
Published on 31.01.1998

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