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Smokers and commercial spaces had a year to get used to the new rules of the so-called butcher law. However, guidelines and incentives were lacking, according to commercial spaces, which admit that they still do not understand exactly what they should do. Despite the doubts, the Ministry of the Environment and Climate Action told SOL that “it is not aware that an extension of the deadline for the entry into force of the administrative regime is being contemplated.” For this reason, starting next Tuesday, smokers who throw cigarette butts on the ground may be penalized with fines ranging from 25 to 250 euros. And restaurants or cafes should provide ashtrays to their customers and ensure the cleanliness of the space within a radius of five meters; here the fines are higher and can reach 1500 euros.
The values of the fines have been known since last year, but there are still many doubts about the regulations, about compliance with those same rules and about the incentives to buy ashtrays that have not yet arrived. In the law document to “reduce the impact of butts, cigars or other cigarettes on the environment”, published in September last year in the Diário da República, it was read that the guardianship had 180 days to create a system of incentives. , within the scope of the Environmental Fund, so that the spaces “adapt to the fulfillment of the obligation to provide ashtrays and their own equipment for the disposal of tobacco product residues”. But in places where smoking is prohibited, these incentives have not yet arrived.
In addition, the Government was in charge of promoting awareness campaigns, both for smokers and for spaces where smokers habitually exist. No incentives and campaigns have been received or seen during the last year, but to SOL, the Ministry under the tutelage of João Pedro Matos Fernandes explained that, in relation to the Environmental Fund 2020, “incentive systems for innovation in the deposit and recycling of tobacco waste “. These incentives come, however, in the form of “awareness” with a fund of 40 thousand euros, “through a protocol with the beneficiary entities”, advanced the Ministry of Environment and Climate Action, without explaining, however, if This incentive system is intended for the purchase of ashtrays. And there will also be a “design award for innovation in promoting the disposal and recycling of tobacco waste” amounting to 60 thousand euros. The call for applications is being prepared, according to tutela.
This week, in an interview with the newspaper i, Ana Jacinto, general secretary of the Portuguese Association of Hotels, Restaurants and Similar (AHRESP), spoke precisely of the lack of support to implement this law and defended “a moratorium so that the application of this law not made in September “. The application of this law comes at a dramatic moment, when the latest AHRESP investigation indicated that 43% of catering companies seek insolvency. Therefore, it is not exactly the best time to impose costs and more contextual changes to companies, “added Ana Jacinto.
Inaccurate measurements
For smokers, the rules are simple: don’t throw cigarette butts on the ground. But, for that, it is necessary to ensure, first, that smokers are aware of the information and, later, that the spaces and streets have ashtrays for the placement of cigarette butts. According to the law, restaurants, cafeterias, public transport stops, local accommodation, educational establishments, shopping centers and all spaces where smoking is prohibited must have ashtrays at the entrance and must clean the waste produced “in areas of commercial occupation. and in an area of influence within a radius of 5 m “, the document published in 2019 reads. On this, AHRESP says that it has already asked the guardianship questions, which are still unanswered.” In relation to cleaning, What is understood by waste cleaning in areas of commercial occupation and in an area of influence of five meters? It not only covers the terrace, it covers the five meters around it, but how is this area of influence calculated? from where? From the facade? No one has ever responded to this, “said Ana Jacinto.
Regarding the inspection, the PSP and the Municipal Police will be in charge of inspecting smokers who throw cigarette butts on the ground and ASAE must inspect the spaces. By the way, ASAEjá warned in July, on its website, that it will walk with a tape measure in hand.
For the pockets, and in an ecological format, the parishes of Lisbon say they have already distributed pocket ashtrays, some long before the publication of the new law. In SOL, the parish of Misericórdia said that last year around ten thousand portable ashtrays were offered and in previous years street ashtrays were placed, especially in Rua Cor de Rosa, in an investment of ten thousand euros. “Another measure implemented was to exempt merchants from the fees for placing ashtrays on public roads,” explained the parish. Alvalade says it has placed 90 ashtrays on the streets since 2017. “We hope to distribute another 20 ashtrays by the end of October,” added the Alvalade Parish Council. In São Vicente, the parish council “proceeded to install the beateiras together with the equipment it directly manages, that is, sports and cultural equipment, service stations and educational equipment.” In total, 78 ashtrays were purchased. In the parish of Olivais, the directive opted for the distribution of pocket ashtrays and explained that cafes and restaurants know the regulations they must comply with, making ashtrays available to customers.
