Our monthly Latin American Environmental Regulatory Tracker lists pending and recently enacted environmental laws and regulations in several Latin American countries. The September 2018 issue covers developments from July 16 to August 15.

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 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

Minas Gerais State Resolution No. 223/ 2018 regulates Law No. 13.796/2000, companies and activities that generate hazardous waste.

Rio de Janeiro Law No. 8.038/2018 creates an Electronic Waste Reverse Logistics Program within the state.

Citizen Manual for the disposal of electrical and electronic waste in Rio de Janeiro.

Chile

Biodiversity

Decree No. 14/2018 (and complementary Decree No. 14.199/2018) approve the National Biodiversity Strategy 2017 – 2030.

Climate Change

Chilean Government announces the start of the development of a Climate Change Law.

Energy Efficiency

Mandatory energy efficiency labels for water heaters went into effect on July 1, 2018.

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 a 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) 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

TheMinistry 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

A decree would reform 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 were published to the Guidelines for the development, implementation, and authorization of Management Systems for Industrial and Operational Safety and Environmental Protection, applicable to Hydrocarbons sector activities, in terms of the authorization of the Management Systems.

Guidelines were 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 was 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 was 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 was 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.

As part of our International Environmental Law practice group, Beveridge & Diamond's Latin America practice group helps multinational clients navigate dynamic and unprecedented change in Latin American environmental law. We counsel clients from various industrial sectors on a wide range of issues arising under the domestic environmental regulations of most Latin American countries with an emphasis in Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico, and Peru. For more information, please contact the authors.