Law No. 20.920 establishes Extended Producer Responsibility regarding the waste pro-duced by the products, which means that the manufacturer or importer must be responsible for the product once its useful life is over, and must meet the recycling goals established by the Ministry of the Environment.
Extended Producer Responsibility implies that producers of priority products must comply with certain obligations such as registering, organising and financing waste management, meeting collection and recovery goals through a management system and ensuring that authorised handlers carry out the treatment of collected waste.
The EPR implies that producers of priority products must comply with certain obligations such as registering, organising and financing waste management, meeting collection and recovery goals through a management system and ensuring that authorised handlers carry out the treatment of collected waste.
The extended producer responsibility will apply to the categories or subcategories defined in the respective decrees that establish goals and other associated obligations, for the fol-lowing priority products:
- Lubricating oils;
- Electrical and electronic devices;
- Containers and packaging; and
Decree No. 12 of the Ministry of the Environment, published on 16 March 2021, in rela-tion to Law No. 20.920, establishes that, in the case of containers and packaging, extended producer responsibility will be applicable to producers, which introduce packaged con-sumer goods into the national market, whose packaging is composed of, at least, one of these five materials:
- Liquid packaging carton;
- Paper and cardboard;
- Plastic; and
Decree No. 12 of the Ministry of the Environment, regulates the obligations of producers subject to extended responsibility:
- Register in the Pollutant Release and Transfer Register of the Ministry of the Environment, in accordance with the provisions of the regulations of this regis-tration and deliver the information requested, directly to the Pollutant Release and Transfer Register, if it is an individual management system, or through the corresponding collective management system without prejudice to the obliga-tions to deliver information under other regulatory bodies;
- Organise and finance the collection of packaging waste throughout the country, as well as its storage, transport and treatment in accordance with current regu-lations;
- Meet the collection and recovery goals of packaging waste;
- Comply with the associated obligations that correspond to them;
- Ensure that packaging waste management is carried out by authorised and reg-istered handlers; and,
- Ensure that commercially sensitive information that is shared in compliance with the law cannot be known to other producers, respecting the applicable reg-ulations on free competition in the market and subject to Law No. 19.628 on the protection of private life.
On the other hand, Bill No. 12.633-12 establishes information obligations for beverage retailers regarding the environmental impact of single-use plastics, the obligation to dis-play in a visible way to the public, on their website and on the product, the certification of the plastic product and the obligation to raise awareness about the returnability of the bot-tles of the beverage retailers.