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In brief

Directive No. 22, of 22 December 2021, by the Brazilian Institute of Environment and Renewable Resources (IBAMA), which regulates the Annual Report of Potentially Polluting Activities and Users of Environmental Resources, came into force on 3 January 2022, revoking the previous consolidated directives.


Further details

IBAMA Directive No. 22/2021 revoked IBAMA Directive No. 6/2014 and amendments, so that as of 3 January 2022, the Annual Report on Potentially Polluting Activities and Users of Environmental Resources must be submitted to IBAMA in compliance with the new provisions. 

The new directive has now compiled and consolidated the potentially polluting and resource-using activities that require the submission of the report and the corresponding data to be presented. In addition, it has specified the cases in which not filing the forms is allowed.

Besides, the period established for submitting the annual report is between 1 February and 31 March of each year. The activities reported must have been carried out between 1 January and 31 December of the previous year.

The entities must fill out the forms available on IBAMA’s website, and it is necessary to be previously inscribed on the Federal Technical Registry of Potentially Polluting Activities and Users of Environmental Resources (CTF).

Among the provisions brought in the directive, it is important to stress the one that provides that even if the CTF registration has been terminated, the party legally responsible for the previously registered entity must submit the report concerning the period in which the activities subject to the report were carried out.

Our Environment, Consumer and Sustainability team is available to provide further clarification on the subject.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

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.

Author

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.

Author

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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