Latin American Environmental Regulatory Tracker - June 2018

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This month’s tracker reflects key initiatives from April 16 – May 15, 2018.

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¡Gracias!

 Maddie Kadas, Latin American Environmental Practice Leader

ARGENTINA

ENVIRONMENTAL MANAGEMENT

  • Senate Bill No. 1559/18 would establish a National Environmental Census. 

PACKAGING & LABELING

  • Senate Bill No. 1376/18 would establish minimum environmental protection measures for the management of packaging waste.

PRODUCT STEWARDSHIP

  • Senate Bill No. 225/18 would establish the regime to combat practices of planned obsolescence in the sale of electronic products.  

WASTE

  • Buenos Aires City Bill No. 1037/18 would modify provisions under Law No. 1.854 for the Integrated Management of Urban Solid Wastes (text consolidated by Law No. 5.666).

BRAZIL

AGRICULTURE

  • Substitute bill that would amend legislation on the use of pesticides in Brazil has been proposed in Chamber of Deputies. Substitute bill would incorporate points from twelve other proposals, including one that would repeal the Agrochemicals Law (No. 7.802/89).
  • Bill (No. 541/15) that would prohibit aerial spraying of pesticides in Brazil approved by Senate Committee on Social Affairs. Proposal now passes to the Committee on Agriculture and Agrarian Reform for review.

ENERGY

  • Ministry of Mines and Energy proposes mandatory annual greenhouse gas emission reduction targets for the marketing of fuels under the National Biofuels Policy (RenovaBio).  

ENERGY EFFICIENCY

  • Mines and Energy Committee in Chamber of Deputies rejects a bill (No. 7506/14) that would require the energy efficiency of machinery and equipment produced and marketed in Brazil to meet the most demanding international standards for energy efficiency.

ENVIRONMENTAL MANAGEMENT

  • Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) publishes Normative Instructions No. 11 and 12, regulating the Federal Registry for Potentially Polluting Activities.  The new rules go into effect on June 29, 2018.
  • Senate approves a provisional measure (No. 809/17) authorizing  the Chico Mendes Institute (ICMBio) to select a public bank to create and manage a fund comprised of environmental compensation contributions.

GREEN GROWTH

  • Chamber of Deputies Bill No. 10073/18 would establish the reduction of the Industrialized Product Tax (IPI) for products deemed adequate for the development of a green, low-carbon economy. 

PUBLIC PROCUREMENT

  • São Paulo Legislative Assembly Bill No. 234/18 would establish preferential use of recycled aggregates in public works and services.

WATER

  • Committee for Constitution, Justice, and Citizenship in the Chamber of Deputies approves a bill that would create a National Policy for Rationing Water and Combating Water Waste.  Already approved by the Committees for Urban Development and Environment, the proposal now passes to the Senate for review.
  • Committee for Environment and Sustainable Development approves a bill that would create a National Policy for the Integrated Management of Urban Waters. The proposal now passes to the Committee for Urban Development and the Committee for Constitution, Justice and Citizenship for review.

CHILE

PACKAGING & LABELING

  • Senate Environment Committee unanimously approves a substitute proposal that would prohibit the provision of commercial plastic bags throughout Chile. The Bill now passes to the general Senate assembly for review.

COLOMBIA

CLIMATE CHANGE

  • Revised Bill No. 134/17C would impose restrictions on polluting emissions from mobile sources.

GREEN GROWTH

  • Bill No. 48/2017S would incentivize collection, treatment, and use systems for rainwater and solar energy.

MINING

PACKAGING & LABELING

  • Chamber of Deputies approves a bill (No. 110/17C, 210/18S) that would regulate and prohibit the entry, marketing, and use of plastic bags and other plastic materials in the Archipelago of San Andrés, Providencia and Santa Catalina.
  • Draft Resolution would establish the requirements for manufacturers and importers of plastic bags that offer environmental solutions to obtain approval from the National Environmental Licensing Authority (ANLA) for reduced tax rates under the National Plastic Bag Tax.

PRODUCT TAKE-BACK

  • Revised Bill No. 106/17C would impose the principle of Extended Producer Responsibility (EPR) on used lubricating oils and containers made from glass, metal, aluminum and paper.

RESTRICTED SUBSTANCES

  • Law No. 1892/18 approves the Minamata Convention on Mercury.
  • Resolution No. 0721/18 repeals and replaces Resolution No. 0172/12, which sets maximum permissible limits of mercury, cadmium, and lead in zinc-carbon and alkaline batteries manufactured domestically or imported for commercial purposes in Colombia.
  • Revised Bill No. 319/17C, 58/17S would regulate (and, in some cases, restrict or prohibit) the production, marketing, export, import and distribution of products and raw materials that may be harmful to human health.

SAFETY

  • Draft National Contingency Plan (NCP) proposed for spills of hydrocarbons and other hazardous substances (update of NCP of Decree No. 321/99).
  • Draft Resolution would adopt the Terms of Reference for the development of contingency plans for managing spills of hydrocarbons or harmful substances that occur during transport.

COSTA RICA

CHEMICALS

  • Chemicals Committee issues formal opinion in favor of Costa Rica’s accession to the Organization for Economic Cooperation and Development (OECD).  

ENERGY EFFICIENCY

  • Decree No. 41055-MINAE pushes back the effective date of Decree No. 40510-MINAE (establishing energy efficiency specifications for refrigerators and freezers operated by hermetic motor compressor) to March 1, 2019.

GREEN GROWTH

MEXICO

CLIMATE CHANGE

  • Voluntary draft technical standard PROY-NMX-SAA-14067-IMNC-2018 would establish principles, requirements, and guidelines for quantification and reporting of the carbon footprint of a product.

ENVIRONMENTAL MANAGEMENT

  • Voluntary technical standard NMX-SAA-14031-IMNC-2017 establishes guidelines for design and use of environmental performance evaluations within an organization (Cancels NMX-SAA-14031-IMNC-2002).

FORESTRY

  • Chamber of Deputies endorses a bill proposed in the Senate that would issue a new Sustainable Forestry Development Law and abrogate its predecessor published on February 25, 2003.

GREEN GROWTH

  • Senate Bill would provide tax incentives for: 1) fixed assets of rechargeable batteries, and machinery and equipment for the collection and recycling of batteries; and 2) consumption of rechargeable batteries.

OIL & GAS

  • General Provisions establish guidelines for integrated management of Special Management Wastes in the Hydrocarbons Sector.
  • Notice extends the validity of NOM-EM-005-ASEA-2017, which establishes the criteria for classifying Special Management Wastes in the Hydrocarbons Sector and determining which are subject to Management Plans, by six months counted from May 2, 2018.
  • Draft Program would update the deadlines for the registration and authorization of management systems, applicable to entities that sell or distribute various petroleum products.

PACKAGING & LABELING

  • Draft Standard PROY-NOM-003-SSA1-2018 (to establish health information requirements for labels of paints and related products) would update NOM-003-SSA1-2006 and harmonize with the Globally Harmonized System of Classification and Labeling of Chemicals.
  • Voluntary draft technical standard PROY-NMX-E-277-NYCE-2017 would establish the methodology for proper handling and recycling of agricultural plastics, empty containers of agrochemicals, and fertilizers.
  • Voluntary draft technical standard PROY-NMX-R-087-SCFI-2017 would establish specifications for acquiring and using the Environmental Seal on products.
  • Voluntary draft technical standard PROY-NMX-SAA-14021-IMNC-2017 would establish specifications for self-declared environmental claims (Type II environmental labeling) (would cancel PROY-NMX-SAA-14021-IMNC-2014).

PRODUCT TAKE-BACK

  • Senate Bill would promote battery collection and recycling.

PERU

CLIMATE CHANGE

PACKAGING & LABELING

  • Unicameral Congress Bill No. 02702/2017-CR would promote and regulate the minimization of waste from plastic bags used for the portability of merchandise.
  • Unicameral Congress Bill No. 02805/2017-CR would promote responsible use and progressive reduction of plastic bags.
  • Unicameral Congress Bill No. 02843/2017-CR would promote gradual reduction of plastic bag use and create a national plastic bag tax.
  • Unicameral Congress Bill No. 02858/2017-CR would prohibit use of all types of polypropylene, polyethylene, non-biodegradable bags and foam containers on the beaches of the Peruvian coast and in areas that have been declared World Heritage Sites in Peru.

[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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