Public consultation for regulation of the reverse logistics system of plastic packaging begins

As regulations derived 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 edited, GM/MMA Ordinance No. 259 was published on October 5, 2022 by the Brazilian Ministry of the Environment, disclosing the opening of public consultation process regarding project of decree aiming at regulating provisions contained in PNRS (§2 of Article 32 and §1 of Article 33), specifically related to plastic packaging reverse logistics system.

In summary, the object of the proposal is defining criteria and structuring the implementation and operation of the reverse logistics system of plastic packaging by means of the return of packaging after consumer use, regardless of public urban cleaning and solid waste management services, in accordance with provisions established in PNRS.

Thus, the decree under consideration contains provisions regarding (i) the structuring of the implementation of the reverse logistics system which will be constituted by two consecutive phases (Phase 1 and Phase 2); (ii) operation of the reverse logistics system and its operating plan; (iii) financing of the reverse logistics system; (iv) governance for performance monitoring; (v) management of entities and companies; (vi) the form of consumer participation; (vii) the obligations of waste chain agents; (viii) the participation of cooperatives and associations of waste collectors and public service holders of urban clean-up; (ix) communication and environmental education plans; (x) the objectives, targets and timetable; (xi) the monitoring and evaluation of the system; (xii) the technical and economic viability of the system; (xiii) risk and hazardous waste management; (xv) penalties; and (xvi) final provisions.

With regard to targets, minimum regional and national percentages will be set in accordance with The National Plan on Solid Waste, instituted by Decree No. 11,043 / 2022, proportionally to the quantity / mass of disposable plastic packaging placed on the national market.

The public consultation will be held for 30 days and contributions and suggestions should be forwarded by means of the electronic form available at https://www.gov.br/participamaisbrasil/decreto-embalagens-de-plastico.

The Environmental Team of Tauil & Chequer Advogados in association with Mayer Brown is available for further information.