As regulations from the National Policy on Solid Waste (Política Nacional de Resíduos Sólidos - “PNRS”) and structuring instruments for the implementation of reverse logistics systems continue to be drafted, GM/MMA Ordinances No. 268 and No. 269 were published on October 31, 2022, by the Brazilian Ministry of the Environment. The two ordinances announced the opening of public consultation processes regarding decrees aimed at regulating provisions contained in PNRS (§2 of Article 32 and §1 of Article 33), specifically those related to metal packaging and paper and cardboard packaging reverse logistics systems.
In summary, the proposals aim to define criteria and structure the implementation and operation of the reverse logistics systems of returning metal packaging and paper and cardboard packaging after consumer use, regardless of the public urban cleaning and solid waste management services, in accordance with provisions established in PNRS.
The decrees under consideration contain provisions regarding:
- structuring the implementation of reverse logistics systems, which will occur in two consecutive phases (Phase 1 and Phase 2);
- operation of the reverse logistics systems and their operating plans;
- financing of the reverse logistics systems;
- governance for performance monitoring;
- management of entities and companies;
- form of consumer participation;
- obligations of waste chain agents;
- participation of cooperatives and associations of waste collectors and public service holders of urban clean-up;
- communication and environmental education plans;
- objectives, targets and timetable;
- monitoring and evaluating the system;
- technical and economic viability of the system;
- risk and hazardous waste management;
- penalties; and
- final provisions.
Minimum regional and national percentages will be set proportionally to the quantity/mass of disposable metal packaging and paper and cardboard packaging placed on the national market, in accordance with the National Plan on Solid Waste, instituted by Decree No. 11,043/2022.
The public consultations will be held for 30 days and suggestions and other comments should be forwarded by means of electronic forms available at https://www.gov.br/participamaisbrasil/decreto-embalagensde-metal and https://www.gov.br/participamaisbrasil/decreto-embalagens-de-papel-e-papelao.
The Environmental Team of Tauil & Chequer Advogados in association with Mayer Brown is available for further information.