With the coming into force, on 26 May 2017, of Statutory Instrument no. 145/2017, of 26 April, Indaver, as an experienced Total Waste Management partner, hereby informs its clients of the most important aspects of this legislation. It establishes the rules applicable to the transport of waste within Portuguese territory, by road, rail, inland waterway, sea and air and creates the electronic waste monitoring document (e-GAR). This information does not obviate the need to consult the full information at:
https://dre.pt/application/file/a/106923854

1. An e-GAR is an electronic document, which can be downloaded from the APA, I.P. website, as an integral part of SIRER.

2. APA, I.P. provides organisations with responsibilities in the areas of waste and goods transport, i.e. inspection and supervisory bodies and licensing authorities, with access to the data in e-GARs.

3. e-GARs particularly include the following information:

a. The identification, quantity and classification breakdown of the waste;
b. The origin and destination of the waste, including the operation to be executed;
c. Identification of the carriers;
d. Identification of the waste transport date.

4. When the waste transported is classified as dangerous/? goods, by the corresponding transport regulations, the e-GARs must also include the information necessary for the issue of the transport document provided for in these regulations.

Obligations of the waste producer or holder

Waste producers or holders must either issue the e-GAR prior to the transport of waste, or permit the carrier or consignee to issue the same.

Following the issue of the e-GAR, the waste producer or holder must:

a. Within no more than 10 days, check on the website for any changes of the original e-GAR data, made by the waste consignee at the time of the receipt thereof, on the acceptance or rejection of the waste;
b. Within no more than 30 days, ensure that the e-GAR is completed on the website, after receipt of the waste by the consignee.

When the waste producer or holder permits the waste carrier or consignee to issue the e-GAR, the waste producer or holder is required to confirm the correct completion of the e-GAR and the waste transport authorisation, on the website, prior to transport of the waste.

Where the waste producer or holder of waste is prevented from complying with the provisions of the preceding paragraph, it must sign the e-GAR in hard copy and subsequently confirm the waste transport authorisation and the correct completion of the e-GAR, on the website, within no more than 15 days.
Whenever the time limits referred to above are exceeded, APA, I.P. shall give the producer or holder 15 days’ notice, via the website, to regularise the situation,on pain of delayed communication of the situation to the supervisory and inspection bodies.

Obligations of the carrier

Waste carriers shall:
a. Confirm the correct completion of the e-GAR prior to transporting the waste;
b. Make the e-GAR available to the proper authorities during transport duly authorised by the waste producer or holder.

Obligations of waste consignees

1 - Waste consignees shall, within no more than 10 days of receipt thereof:

a. Confirm receipt of the waste;
b. Propose the correction of the original data in the e-GAR; or
c. Decline reception of the waste.

Retention of monitoring documents

Waste producers, holders, carriers and consignees shall retain the e-GARs, in a physical or electronic format, for five years.
The e-GARs shall be provided to the proper waste and goods transport authorities, when requested.

Additional Note:
Waste Monitoring Forms (INCM form 1428) may be used until 31 December 2017, after which only e-GARs may be used.
Additional information at: http://apambiente.pt/index.php?ref=16&subref=84&sub2ref=1414

We are available to our esteemed clients to provide all support necessary during this phase of the implementation/ transition from the current system to the new e-GARs.