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Brazil: New federal decree regulating the National Solid Waste Policy is published

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In brief

Federal decree No. 10.936/2022, which regulates the National Solid Waste Policy, was published on 13 January 2022, revoking the previous regulation established by federal decree No. 7.404/2010 and federal decree No. 9.177/2017, which dealt with isonomy in reverse logistics as well as other provisions.

More details

The new regulation institutes the Nacional Reverse Logistics Program, integrating the National Information System on Solid Waste Management (“Sinir“) and the National Solid Waste Plan (“Planares“).

This program will be the instrument for coordinating and integrating reverse logistics systems and aims to: (i) optimize the implementation and operationalization of the physical and logistics infrastructure; (ii) provide scale gains; and (iii) enable synergy between systems.

The reverse logistics systems must be, within 180 days of the publication of this decree, integrated into Sinir. Also, for the purpose of inspecting these systems, the waste transport manifest, which is a self-declaratory document issued by Sinir and valid in the national territory, was established.

In addition to information on waste transport, reverse logistics systems must include the following other basic requirements: the location of voluntary delivery points; the consolidation points; and the results obtained, considering the established goals and any others requested by the Ministry of the Environment.

Also, reverse logistics systems, through sectoral agreements, regulations issued by the government or terms of commitment, shall be extended to products sold in plastic, metallic or glass packaging, as well as other products and packaging, primarily considering the degree and extent of the impact of the waste generated on public health and the environment.

Despite the revocation of the previous decree dealing with equality between those responsible for reverse logistics (whether signatories or not to a sectoral agreement or term of commitment), a specific subsection for this topic was provided in the new regulation.

According to information from the Ministry of the Environment, the new regulation aims to bring clearer and more effective measures to comply with the norm.

The public consultation for sectoral agreements and regulations, being formally standardized, also underwent changes.

In practical terms, the decree did not bring significant changes but reinforces the position that the government will continue to focus its action on urban policies, notably on reverse logistics and mass recovery of waste, which is one of the priorities of current management.

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.

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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

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.

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