Brazil: The CETESB publishes Board Decision No. 105/2021, which changes the terms of the board decision that linked environmental licensing to the incorporation of reverse logistics
On 6 October 2021, the CETESB (environmental agency of the state of São Paulo) published Board Decision No. 105/2021/P/C of 29 September 2021, which altered Board Decision No. 114/2019/P/C, establishing the “procedure for the incorporation of reverse logistics in the scope of environmental licensing”.
More details
The new board decision changed the deadline for the beginning of the obligation to incorporate reverse logistics in environmental licensing (in cases of obtaining and renewing), extending it to until 31 March 2022.
The extension will be applied when the enterprises are classified, simultaneously, in item 2.4.2 and items c, d, e and f of Board Decision No. 114/2019/P/C and in the categories of individual microentrepreneurs, microenterprises or small businesses whose built area is less than 500 square meters.
The projects covered by the items mentioned in item 2.4.2 are as follows:
(i) Food products, for the reverse logistics of their packaging
(ii) Drinks, for the reverse logistics of their packaging
(iii) Toiletries, perfumes and cosmetics, for the reverse logistics of their packaging
(iv) Cleaning and related products, for the reverse logistics of their packaging
The board decision applies to all ongoing administrative procedures.
Our Environment, Consumer and Sustainability team is available to provide further clarification on this subject.
Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee.
Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders.
Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
