Latin American Environmental Regulatory Tracker
Our monthly Latin American Environmental Regulatory Tracker lists pending and recently enacted environmental laws and regulations in several Latin American countries. The June 2018 issue covers developments from April 16 to May 15.
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
A substitute bill would amend legislation on the use of pesticides in Brazil has been proposed in Chamber of Deputies. The substitute bill would incorporate points from twelve other proposals, including one that would repeal the Agrochemicals Law (No. 7.802/89).
A bill (No. 541/15) would prohibit aerial spraying of pesticides in Brazil approved by Senate Committee on Social Affairs. The 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
Ministry of Mines and Energy and Organization for Economic Cooperation and Development (OECD) confirms commitment to responsible mineral supply chains.
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 a 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 a hermetic motor compressor) to March 1, 2019.
Green Growth
Decree No. 41032-PLAN-MINAE-RE implements the National Policy of Sustainable Production and Consumption.
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:
- Fixed assets of rechargeable batteries, and machinery and equipment for the collection and recycling of batteries.
- Consumption of rechargeable batteries.
Oil & Gas
General Provisions establish guidelines for integrated management of Special Management Wastes in the Hydrocarbons Sector.
A 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
Law No. 30754/18 approves the Climate Change Framework Law.
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 a gradual reduction of plastic bag use and create a national plastic bag tax.
Unicameral Congress Bill No. 02858/2017-CR would prohibit the 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.
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.
