New Regulations on Solid Waste and Reverse Logistics - Management Entities, Auditors of Results for Reverse Logistics, and Other Developments

Brazil has recently seen significant updates to solid waste management regulations at the national level. These include new regulations which address: the qualification criteria of managing entities; the qualification criteria of auditors of reverse-logistics system results; the procedures for registering and qualifying associations of collectors of recyclable and reusable materials in the National Solid Waste Management Information System (Sistema Nacional de Informações sobre a Gestão dos Resíduos Sólidos, “Sinir”); and the creation of the Recircula Brasil Program, aimed at tracking and recording the reuse of plastics.

Ordinance GM/MMA No. 1,102/2024 establishes the criteria for qualifying managing entities and the method for submitting data from the technician in charge of reverse logistics systems for packaging in general . It also establishes the criteria for standardizing the operation of systems and parameters to be observed by the managing entities in the performance of their activities, regulating articles of Federal Decree No. 11,413/2023—which instituted the Certificates of Reverse Logistics Recycling Credit, Structuring and Recycling of Packaging in General, and Future Mass Credit.

Among other issues addressed in this ordinance, to qualify, managing entities must: (i) be a legal entity with its own legal personality; (ii) be a designated entity by a valid instrument serving as a managing entity in a collective model reverse logistics system for packaging in general; and (iii) have national operations in reverse logistics for packaging in general.

Ordinance GM/MMA No. 1,117/2024 regulates the aforementioned Federal Decree No. 11,413/2013 regarding the qualification criteria for auditors of results of reverse-logistics systems, and institutes the first public call for the registration of legal entities for this purpose. Such qualification will be based on the following criteria: (i) a legal entity with legal personality; (ii) not a manufacturer, importer, distributor, trader linked to the reverse-logistics system, among others; and (iii) not engaged in activities that entail the provision of services to, or the maintenance of, a business that has an interest in its decision.

Ordinance GM/MMA No. 1,018/2024 establishes the procedures for the registration and qualification of cooperatives and associations of collectors of recyclable and reusable materials with Sinir, interfacing with Federal Decree No. 12,106/2024, which provides tax benefits for the recycling production chain (Read our Legal Update on the decree). The registration and qualification of cooperatives and associations of collectors are intended to (i) assist in defining criteria for payment for environmental services; (ii) support states and municipalities in managing solid waste; and (iii) support those responsible for reverse-logistics systems with information for contracting cooperatives and associations of collectors.

The Recircula Brasil Platform was launched by the Brazilian Agency for Industrial Development (ABDI) and the Brazilian Plastics Association (Abiplast) to enable the tracking and certification of plastic recycling in the country. The platform is part of the national movement to encourage recycling, regulated by Federal the Decree No. 12,082/2024, which established the National Circular Economy Strategy (Read our Legal Update on the strategy). The platform will use electronic invoices to monitor the cycle of recycled plastics, from their origin to the final product.

The Environmental, Climate Change and ESG Practice of Tauil & Chequer Advogados, in association with Mayer Brown, is available for additional clarification on the topic.