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

Argentina

Agriculture

Chamber of Deputies Bill No. 1344-D-2018 establishes minimum environmental protection measures for the traceability of agrochemicals.

Climate Change

Senate Bill No. 410/18 promotes measures against the greenhouse gas effect and the implementation of the carbon footprint.

Energy

Bill No. 1025/18 requires 100% use of renewable energies in Argentina by 2050.

Health & Safety 

Resolution No. 169/2018 establishes requirements for electrical equipment sold in Argentina to ensure the protection of national health and safety.

Packaging & Labeling

Senate Bill No. 821/18 reproduces the previous proposal (No. 241/16) establishing an Ecological Label Law.

Chamber of Deputies Bill No. 1417-D-2018 manages packaging and its wastes.

Waste

Ministry of Environment presents the status of the Draft Hazardous Waste Law.

Water

Senate Bill No. 1083/18 reproduces a previous proposal (No. 759/15) recognizing the right to potable water and sanitation as essential human rights.

Senate Bill No. 1026/18 guarantees access to water as a human right.

Senate Bill No. 1005/18 modifies the National Civil and Commercial Code to recognize the fundamental right of access to potable water.

Senate Bill No. 403/18 creates the National Program for the Implementation of the Water Footprint.

Brazil

Agriculture

São Paulo Bill No. 147/2018 regulates the registration of agrochemical companies and products, as well as the use, consumption, sale, storage, transport, and provision of services used in the application and destination of agrochemicals and related products.

Biodiversity

São Paulo Secretariat of Environment (SMA) Resolution No. 35/2018 establishes the Ninhos Program for the protection and management of wildlife and amending SMA Resolution No. 51/2016, which governs the procedure for converting simple administrative fines into environmental services.

Joint Committee in the Chamber of Deputies approves a Provisional Measure (No. 809/17) that would authorize the Chico Mendes Institute for Biodiversity Conservation (ICMBio) to a select a public bank to create and manage a fund consisting of environmental compensation contributions made by entities responsible for projects of significant environmental impact.

Land Use

Senate Bill No. 168/2018 creates the General Environmental Licensing Law and establishing the Strategic Environmental Assessment (AAE).

Packaging & Labeling

Chamber of Deputies Bill No. 9933/2018 institutes the “Environment-Friendly Company Seal.”

Restricted Substances

Decree No. 9.315/2018 regulates Law No. 11.762/2008, which sets the maximum limit of lead allowed in the manufacture of house paints, varnishes, coatings for children’s products and school supplies, and other similar materials.

Waste

São Paulo Secretariat of Environment (SMA) Resolution No. 41/2018 establishes guidelines for the implementation of the Recycling Module of the Online State System for the Management of Solid Wastes (SIGOR).

São Paulo's environmental agency (CETESB) Directorate Decision No. 076/2018/C establishes the Procedure for the Incorporation of Reverse Logistics into the Scope of Environmental Licensing.

Water

Senate Bill No. 159/2018 prohibits the registration, manufacture, import, distribution, dissemination, and sale of sanitizing and cosmetic products that have plastic microparticles in their composition.

Senate Bill No. 161/2018 amends national laws establishing guidelines for basic sanitation to authorize the granting of rebate bonuses to users that reduce their water consumption.

Chile

Chemicals

Decree No. 260/2017 promulgates the Agreement with the United Nations Development Program on the project: “Management Plan for the Elimination of Hydrochlorofluorocarbons (HCFCs) in Chile - Phase II.”

Energy

Decree No. 92/2018 approves Long-Term Energy Planning for the period 2018 – 2022.

Health & Safety

Resolution No. 740/2018 approves the technical guide for the auditory evaluation involved in monitoring the health of workers occupationally exposed to noise.

Decree No. 31/2018 approves the National Program for Safety and Health in the Workplace.

Land Use

Bill No. 11689-12 modifies the General Bases of the Environment Law (No. 19.300) to incorporate the factors of climate change and citizen participation in the environmental impact procedure.

Packaging & Labeling

Bill No. 11651-12 prohibits the use of non-degradable plastic food containers in commercial establishments.

Water 

Chamber of Deputies approves a bill (No. 9779-33) that would modify the General Law of Sanitary Services to permit the use of treated wastewater in agricultural and mining activities.

Colombia

Climate Change

Ministry of Environment and Sustainable Development released a Draft Resolution regulating the National Registry for the Reduction of Greenhouse Gas Emissions.

Bill No. 73/2017S (published for its first debate in the Senate) establishes guidelines for the management of climate change.

Green Growth

National Council of Economic and Social Policy (CONPES) issues public policy document (No. 3918/2018) that establishes a roadmap for the implementation of the United Nations Sustainable Development Goals under the 2030 Sustainable Development Agenda.

Packaging & Labeling

In a second-round debate, the Chamber of Deputies approves a bill (No. 110/17C, No. 210/18S) that would prohibit the entry, sale, and use of plastic bags and other plastic materials in the archipelago of San Andrés, Providencia, and Santa Catalina. The Bill now passes to the Senate for review.

Chamber of Deputies unanimously approves a bill (No. 158/2016S, No. 139/2017C) ratifying the Minamata Convention on Mercury. With the Congressional debate process now complete, the Bill passes to the President and then the Constitutional Court for review.

Waste

Bill No. 170/2017S (published for its first debate in the Senate) regulates the generation, handling, collection, storage, transport, treatment, and disposal of used vegetable frying oils.

Water

Bill that would modify the Constitution to declare water a fundamental right will be proposed again in the next legislative period.

Costa Rica

Biodiversity

Draft Decree modifying Decree No. 31514-MINAE/2003 (General Standards for Accessing Genetic and Biochemical Elements and Resources of Biodiversity) and Decree No. 33697-MINAE/2007 (Requirements and procedures for obtaining permits, concessions, and agreements for accessing genetic and biochemical elements and resources of biodiversity).

Waste

Draft Decree No. DAJ-FG-398-2018 regulates the digital processing of registrations and authorizations of the Ministry of Health in Integrated Waste Management in the National Information System for the Integrated Management of Wastes (SINIGIR) platform.

Mexico

Energy

A notice announces the requirements for the acquisition of Clean Energy Certificates in 2021 established by the Secretariat of Energy.

Forestry

A Chamber of Deputies bill would modify the General Forestry Law to empower the Secretariat of Environment and Natural Resources (SEMARNAT) to verify the legal origin of imports of primary forest materials and wood products.

Land Use

A Chamber of Deputies bill would modify the General Law for Ecological Equilibrium and Environmental Protection, in terms of environmental impact assessments.

Oil & Gas

A procedure outlines requirements and technical administrative considerations that must be fulfilled by holders of permits for the transport of petroleum, liquefied petroleum gas, and national gas, excluding transport through liquefied petroleum gas pipelines, and distribution and sale of petroleum, liquefied petroleum gas, and national gas to the public.

Guidelines establish parameters to determine the compensation for the commercial extraction of hydrocarbons that the assignee or contractor will deliver to the owner when the project reaches the commercial extraction phase.

Waste 

Secretariat of Environment and Natural Resources (SEMARNAT) Guide for the Consumption and Sustainable Management of Batteries.

A draft bill would modify the Regulation to the General Law for the Prevention and Integrated Management of Wastes to establish separate content requirements for the logbooks of large and small generators of hazardous waste.

Water

Chamber of Deputies bill would establish the Law for Remediation and Environmental Restoration of Heavily Polluted Watersheds in Mexico.

Peru

Climate Change

The Euro IV vehicle emission standard and its equivalents went into effect on April 1, 2018.

Energy

The Technical Energy Efficiency Labeling Regulation for Energy Using Equipment went into effect on April 7, 2018.

Mining

Bill No. 02682/2017-CR establishes the General Mining Law.

Bill No. 02691/2017-CR strengthens the regulatory framework for the management of environmental liabilities in mining sector activities.

Oil & Gas

Bill No. 02625/2017-CR establishes the Organic Hydrocarbons Law.

Packaging & Labeling

Bill No. 02696/2017-CR incentivizes the use of reusable bags and containers made out of biodegradable materials.

Water

Bill No. 02609/2017-CR modifies the Water Resources Law (No. 29338) to require the need for a technical and an environmental impact study before authorizing the transfer of water from one basin to another.

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.