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 July 2018 issue covers developments from May 16 to June 15.
Argentina
Agriculture
Resolution No. 26/2018 establishes the procedure for granting commercial authorization to genetically modified organisms (GMOs) for agribusiness processing and human and animal use.
Chemicals
Argentina transmits updated national plan for implementing the Stockholm Convention to the Conference of the Parties.
Climate Change
Senate Bill No. 1839/18 would reintroduce Bill No. 1763/16 to establish minimum environmental standards for adaptation to and mitigation of global climate change.
Senate Bill No. 1719/18 would establish minimum environmental standards for adaptation to and mitigation of global climate change.
Design for Environment
Chamber of Deputies Bill No. 3248-D-2018 would create a National Registry of Ecologically-Designed Products.
Energy
Chamber of Deputies Bill No.3409-D-2018 would promote the acquisition and installation of solar and/or wind energy equipment.
Packaging & Labeling
Chamber of Deputies Bill No. 3080-D-2018 would establish minimum environmental standards for the management of packaging waste.
Chamber of Deputies Bill No. 3283-D-2018 would prohibit the provision of polyethylene bags and bags made from other conventional plastic materials by commercial establishments.
Chamber of Deputies Bill No. 3141-D-2018 would reintroduce Bill No. 6910-D-2016 to establish minimum environmental standards for the management of packaging waste through the work of recyclers.
Waste
Law No. 5966 and its Annex modify the Zero Waste Law (No. 1854/05) to update goals for reducing the amount of solid waste to be deposited in landfills, among other amendments.
Resolution No. 1/ASINF/18 and its Annex establish minimum technical requirements that must be met by electronic devices in disuse to be allocated for relocation and /or social re-use.
Buenos Aires Bill No. 1463-J-2018 would establish minimum environmental standards for the management of used batteries.
Buenos Aires Bill No. 1660-D-2018 would promote the use of biodegradable disposable utensils.
Brazil
Biodiversity
Resolution No. 7/2018 and its Annex approve the revised text of the National Strategy for Invasive Species.
Chemicals
After requesting information from manufacturers and importers of electrical and electronic equipment in January 2018 that will be used in the development of a Brazilian RoHS (Restriction of Hazardous Substances), the Ministry of Environment has published the results of that survey. A draft of the Brazilian RoHS is expected by end of 2018.
Conservation
Law No. 13688/18 authorizes the Chico Mendes Institute (ICMBio) to select a public bank to create and manage a fund made up of resources from environmental compensation projects.
Energy
Chamber of Deputies Bill No. 10370/2018 would establish the National Photovoltaic Solar Energy Policy (PRONASOLAR).
Mining
Senate Environment Committee approves a bill (No. 63/2017) that would increase the penalties for the irregular exploitation of mineral resources. With no appeal from the general Senate assembly, the proposal passes to the Chamber of Deputies for review.
Packaging & Labeling
Chamber of Deputies Bill No. 10409/2018 would establish the progressive reduction and elimination of the production, sale, and import of disposable, single-use plastic products.
Senate Bill No. 263/2018 would prohibit the distribution of plastic straws and bags in commercial establishments, as well as the production of personal hygiene products and exfoliating cosmetics that use microplastics as components.
The Economic Development, Industry, Commerce and Service Committee in the Chamber of Deputies approved a bill (No. 3548/2015) that would require beverage manufacturers to display on the packaging of their products the electronic address where consumers can find information on how to recycle the product.
Senate Bill No. 295/2018 would prohibit the manufacture, marketing, distribution, and import of products containing bisphenol A (BPA).
Chamber of Deputies Bill No.10346/2018 would establish the progressive reduction of the use of plastic as a primary input for single-use products.
Waste
The São Paulo Secretariat of Environment (SMA), the São Paulo environmental enforcement agency (CETESB), the São Paulo Federation of Industries (FIESP), the São Paulo Center of Industries (CIESP), and 18 national associations and State unions signed a reverse logistics packaging agreement.
Chile
Land Use
The Council of Ministers for Sustainability approved a bill intended to strengthen the Environmental Impact Assessment System (SEIA).
Packaging & Labeling
Congress approved a bill (No. 9133-12) that would establish a national plastic bag ban for commercial establishments. The proposal now passes to the Constitutional Court and the President for review.
Chamber of Deputies Bill No.11802-12 would prohibit the use of plastic containers and packaging in the sale of products intended for the final consumer.
Waste
A Draft Regulation would establish terms, conditions, and requirements for sanitary authorizations to collect and store hazardous and non-hazardous wastes from priority products, in accordance with the Recycling and Extended Producer Responsibility Law (No. 20.920).
Water
Decree No. 680/2018 approves the 22nd edition of the Water Code.
The Environment Committee in the Chamber of Deputies unanimously approved a bill (No. 11597-12) that would modify the Water Code to prevent the granting of glacier water use rights.
Colombia
Chemicals
Draft Regulation published that would establish provisions for the integral management of chemical substances for industrial use.
Modifications have been made to a bill (No. 26/2017S) that would set lead content limits for products sold in Colombia.
Climate Change
A Draft Regulation would establish maximum permissible pollutant emission levels for mobile sources in current use in Colombia.
Climate change bill approved in a first-round debate held in a joint session of the Senate and House Environment Committees.
Economic Developments
OECD countries agree to invite Colombia as their 37th member.
Enforcement
Modifications made to a bill (No. 118/2017S) that would establish a Legal Liability Code for Environmental Damages with a sanctioning administrative procedure for environmental matters.
Packaging & Labeling
A Draft Regulation would establish minimum environmental standards for the management of used paper, cardboard, plastic, glass, metal and multilayer containers and packaging.
Waste
Modifications have been made to a bill (No. 217/2018S, 007/2017C) that would establish provisions for the final disposal of used lubricating oils and other industrial oils used in Colombia.
Water
Resolution No. 833/2018 establishes parameters and maximum permissible limits for discharges to marine waters.
Costa Rica
Agriculture
Decree No. 41117-S regulates the collection of fees associated with the registration, registration renewal, registration modification, and control and monitoring of pesticide products for domestic and professional use.
Climate Change
Decree No. 41122-MINAE expands the voluntary Carbon Neutrality Country Program 2.0 to incorporate organizations and cantons.
Decree No. 41091-MINAE officializes the National Policy for the Adaptation to Climate Change 2018-2030.
Oil & Gas
Decree No. 41150-MINAE-S regulates of the supply of liquefied petroleum gas.
Decree No. 41151-MINAE approves technical standard RTCR 490: 2017: safety specifications for portable cylinders, stationary tanks, and equipment for the supply and use of liquefied petroleum gas.
Waste
Decree No. 41052-S regulates waste recovery centers.
Ecuador
Chemicals
A bill would prohibit the misuse, sale, illegal import or export, or application of chemical substances, petroleum derivatives, biopolymers, polymers, and other similar products, without sanitary registry, that are used as body treatments.
Energy
A bill would establish the legal framework for a National Energy Efficiency System (SNEE).
Packaging & Labeling
A bill would regulate the use of plastic bags and straws in Ecuador.
Mexico
Forestry
A decree establishes the General Law of Sustainable Forestry Development and repeals and replaces its (2003) predecessor.
Oil & Gas
A program for the registration and authorization of management systems has been finalized; it is applicable to entities that hold a permit issued by the Energy Regulatory Commission (CRE) prior to March 13, 2018, to carry out the sale and distribution of petroleum products.
Safety
Draft technical standard PROY-NOM-064-SCFI-2017 would establish safety specifications and test methods for indoor and outdoor lighting (would cancel NOM-064-SCFI-2000).
Waste
Federal District regulation NADF-012-AMBT-2015 establishes conditions and technical specifications for the integral management of fats and oils of animal or vegetable origin.
The Federal District guidelines for the registration and authorization of commercial establishments and services related to the management of solid wastes have been updated.
Peru
Energy
A Draft Decree, Ministerial Resolution No. 174-2018-MEM/DM, would update environmental management instruments for hydrocarbons and electricity activities.
Packaging & Labeling
Bill No. 02852/2017-CR would regulate the provision of single-use products made with conventional plastic materials.
Bill No. 02882/2017-CR would restrict the use of plastic bags and other domestic use products that contain polyethylene or polypropylene in Machu Picchu and other historical places within the national territory and would promote the use of biodegradable materials.
Bill No. 02921/2017-CR would prohibit the provision of plastic bags, packaging, and other plastic elements to final consumers.
Bill No. 02959/2017-CR would establish provisions for the progressive elimination of the use of plastic in the sale of goods to final consumers.
Bill No. 02976 /2017-CR would establish provisions for the progressive and voluntary reduction of the use of single-use polymers and their derivatives.
Bill No. 02995/2017-CR would aim to reduce the use of plastic and polyethylene in State entities and would promote the use of biodegradable and compostable materials.
Bill No. 03014/2017-CR would promote citizen participation in the reduction and recycling of single-use plastics.
Bill No. 03022 / 2017-CR would aim to reduce environmental pollution through the adequate management of plastic bags and other similar products.
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.
