Latin American Environmental Regulatory Tracker - August 2018

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ARGENTINA

DESIGN FOR ENVIRONMENT

  • Chamber of Deputies Bill No. 3847-D-2018 would prohibit, as of December 31, 2019, the production, import, and sale of cosmetic and oral hygiene products for dental use that contain intentionally added plastic micro-pearls.

HEALTH & SAFETY

  • Resolution No. 338/2018 modifies Resolution No. 169/2018 (requiring mandatory safety certification for low-voltage electrical products) and Resolution No. 282/2014 (applicable to all products subject to mandatory certification with respect to recognition of certification bodies, testing laboratories and inspection bodies) in terms of the transfer or extension of product safety certificates.

LAND USE

  • Senate Bill No. 2362/18 would establish minimum environmental protection measures that must be incorporated into the Environmental Impact Assessment process prior to the execution of any work, project, installation, or activity within Argentina that has the potential to degrade the environment.

PACKAGING & LABELING

  • Chamber of Deputies Bill No. 4031-D-2018 would establish minimum environmental protection measures for the management of post-consumer packaging in Argentina.
  • Buenos Aires Legislative Assembly Bill No. 1967-D-2018 would require products sold to the public with any deficiency or defect, that are used, reconstructed or remanufactured, to display this information to consumers through labels, wrappers, or special packaging and posters.

BRAZIL

DESIGN FOR ENVIRONMENT

  • São Paulo Legislative Assembly Bill No. 434/2018 would prohibit the handling, manufacture, registration, import, distribution and marketing of cosmetics and personal care products containing micro-plastics.

ENERGY

  • Portaria No. 270/2018 updates the authorized percentages of voluntary mixing of biodiesel with diesel oil outlined in Portaria No. 516/2015.
  • Senate Bill No. 318/2018 would amend Law No. 9.427/1996 (establishing the National Electric Energy Agency (ANEEL)), to provide a discount bonus to users for the reduction of electric energy consumption.

ENFORCEMENT

  • Senate Bill No. 331/2018 would amend the Environmental Crimes Law (No. 9.605/1998) to provide family farmers or members of traditional peoples with the option to convert a fine into a service for the preservation, improvement, and recovery of the environment.
  • Environment and Sustainable Development Committee in the Chamber of Deputies approved a bill (No. 5067/2016) that would amend the Environmental Crimes Law (No. 9.605/1998) to increase the maximum value of a fine applied in cases of environmental disaster from $50 million Brazilian Real to $5 billion.

HEALTH & SAFETY

  • Chamber of Deputies Bill No. 10561/2018 would require manufacturers of electronic communication and computer equipment to disclose warnings about possible health damages due to prolonged and uninterrupted use.
  • A Special Committee in the Chamber of Deputies that analyzes proposed changes to Brazil’s pesticide legislation approved a bill (No. 6299/2002) that would allow the release of pesticides before the analysis of possible risks is concluded.

PACKAGING & LABELING

  • Amazonas State Law No. 4.592/2018 provides for the collection and final destination of plastic packaging from lubricating oils.
  • Goiás State Law No. 20.025/2018 amends Law 19.423/16, (pesticide control regulation) in terms of its infractions, and the required distance that pesticides must be used away from communities and resources.

PUBLIC PROCUREMENT

  • Senate Bill No. 312/2018 would amend the Environmental Crimes Law (No. 9.605/1998) to prevent entities that have caused environmental damages from contracting with public authorities or obtaining or renewing environmental licenses if they have not properly compensated victims of the environmental damage.

WASTE

CHILE

BIODIVERSITY

CLIMATE CHANGE

ENERGY EFFICICIENY

HEALTH & SAFETY

  • Draft protocol PE No. 1/32: 2018 would establish the safety certification procedure for electric hot and cold water dispensers designed for household or office use.

PACKAGING & LABELING

  • Chamber of Deputies Bill No. 11887-12 would amend the General Bases of the Environment Law (No. 19.300/1994) to prohibit the use of disposable plastics in commercial establishments.
  • Senate Bill 11809-12 would aim to reduce the manufacture of single-use plastic bottles.
  • Constitutional Court gives green light to bill (No. 9133-12) that would prohibit the provision of plastic bags in commercial establishments throughout Chile.

PRODUCT TAKE-BACK

  • As established by Resolution No. 409/2018, producers and importers of “priority products” (lubricating oils, electrical and electronic equipment, batteries, containers and packaging, tires and batteries) under the Law to Promote Recycling and Extended Producer Responsibility (No. 20.920) must register and declare 2017 sales and waste management activities through the Pollutant Release and Transfer Register (RETC) [vu.mma.gob.cl] by August 31, 2018.

PUBLIC PROCUREMENT

  • Senate Bill No. 11864-12 would modify the Law on Administrative Contracts for the Supply and Provision of Services (No. 19.886/2003) to consider environmental criteria when selecting public procurement contracts.

WATER

  • Chamber of Deputies unanimously approved a bill (No. 11597) that would modify the Water Code to prevent the granting of glacier water use rights.

COLOMBIA

BIODIVERSITY

  • Congress approved the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety.

CLIMATE CHANGE

  • A bill (No. 73/2017S, 235/2018C) that would establish guidelines for the management of climate change was approved without modifications in the Senate in a second-round congressional debate.
  • Colombia completed the ratification process for the Paris Agreement on climate change.

HEALTH & SAFETY

  • Resolution No. 939/2018 repeals the technical regulation for household refrigerators, freezers, and combination refrigerator-freezers manufactured domestically or imported for sale in Colombia (Resolution No. 859/2006).

OIL & GAS

  • Resolution No. 1209/2018 establishes the Terms of Reference for the preparation of contingency plans for the transport of hydrocarbons, their derivatives, and other harmful substances.

RISK MANAGEMENT

  • A Draft Resolution would establish the format for reporting environmental contingencies for projects, works, or activities not subject to environmental licensing.

SUSTAINABLE DEVELOPMENT

  • Decree No. 1090/2018 modifies the Single Regulatory Decree of the Environment and Sustainable Development Sector (Decree 1076/2015) to establish the Program for the Efficient Use and Conservation of Water.  Water (PUEAA). Resolution No. 1257/2018 provides for the content of PUEAA.
  • The National Council of Public and Social Policy approved CONPES No. 3934, which outlines the 2018-2030 Green Growth Policy for the country.

COSTA RICA

HEALTH & SAFETY

  • Draft standard RTCA 11.03.59:18 would establish sanitary registration requirements for pharmaceutical products and medicines for human use.

OIL & GAS

  • Legislative Assembly Bill No. 20.641 would provide for the elimination of fossil fuel use in Costa Rica and declare the national territory free of the exploration and exploitation of oil and gas.

ECUADOR

PACKAGING & LABELING

  • National Assembly bill would regulate plastics bags, straws, and bottles in Ecuador.

SUSTAINABLE DEVELOPMENT

  • The Ministry of Environment and the Ministry of Industries and Productivity (Mipro) signed a National Agreement for Sustainable Production and Consumption with the Ecuadorian Business Committee and the Association of Ecuadorian Banks to promote access to information, technology and financing, to scale and consolidate the productive sector based on the application of sustainability and bioeconomy approaches.

WATER

  • National Assembly bill would reform the Organic Law of Water Resources, Uses, and Exploitation in terms of its infractions and sanctions.

MEXICO

CLIMATE CHANGE

  • Decree that reforms various provisions of the General Climate Change Law in terms of its objectives, definitions, and government responsibilities, among others.

ENERGY EFFICIENCY

  • Technical standard NOM-015-ENER-2018 establishes energy efficiency limits, test methods, and labeling specifications for refrigerators and freezers.

OIL & GAS

  • An Energy Regulatory Commission (CRE) Agreement amends agency resolution times for procedures related to regulated activities.
  • Modifications published to the Guidelines for the development, implementation, and authorization of Managements Systems for Industrial and Operational Safety and Environmental Protection, applicable to Hydrocarbons sector activities, in terms of the authorization of the Management Systems.
  • Guidelines published for industrial and operational safety and environmental protection for the design, construction, pre-operation, operation, maintenance, closure, dismantlement, and abandonment of natural gas liquefaction facilities.
  • 2018 Supervision Program finalized, applicable to holders of permits for the transportation of liquefied petroleum gas by means other than pipelines, and permits for the distribution and sale of liquefied petroleum gas to the public.

PUBLIC PROCUREMENT

  • General Guidelines finalized for Mexico City public entities in the acquisition of goods with characteristics and specifications of low environmental impact.

TELECOMMUNICATIONS

  •  Draft technical standard PROY-NOM-221/2-SCFI-2018 would establish technical specifications for mobile terminal equipment that can make use of the radio spectrum or be connected to telecommunications networks.

PARAGUAY

CHEMICALS

  • Paraguay transmitted its updated national plan for implementing the Stockholm Convention on Persistent Organic Pollutants to the Conference of the Parties (COP), reflecting amendments made at COP-4, COP-5, COP-6, and COP-7.

PERU

CLIMATE CHANGE

  • Ministerial Resolution No. 258-2018-MINAM published, Draft Guidelines for the incorporation of criteria for natural infrastructure and risk management in the context of climate change.

SUSTAINABLE DEVELOPMENT

  • Supreme Decree No. 008-2018-MINAM and its Annex establish provisions for the implementation, operation, and interoperability of the Environmental Certification Information Technology Platform.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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