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Brazil: State decree establishes take-back requirements system for packaging in Mato Grosso do Sul

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In brief

On 17 January 2023, State Decree nº 16.089/20231 was published, establishing and updating the take-back requirements system for packaging in the state of Mato Grosso do Sul. In summary, the decree becomes the new regulatory standard on the take-back requirements system for packaging in the state.

More details

Decree No. 16.089/2023 updates and establishes new guidelines for the implementation, structuring and operation of the take-back requirements system for packaging in Mato Grosso do Sul.

Compared to the last system,2 the new decree generally maintains the existing obligations and targets but includes new specific provisions, including more detailed information on the obligations of traders and distributors, as well as procedures for independent verification of invoices issued. The aim is to align state regulation with the National Solid Waste Policy.

More importantly, the new decree institutes the Recycling Certificate document, or Sisrev-Recicla+ MS, which will serve as a new instrument of the state system to demonstrate the compliance of managing entities and similar legal entities with the obligations and objectives of the take-back requirements system.

The new certificate, which can be traded among recycling agents, will be issued after IMASUL’s prior analysis in order to guarantee the demonstration of the corresponding mass of packaging proper return to the production cycle. On this point, the state decree presents a strong similarity with the federal government’s program Recicla +, created by Federal Decree No. 11,044/2022, which brings economic incentives on the take-back requirements system for packaging in the state.

Moreover, Decree No. 16.089/2023 establishes a new deadline for the annual submission of the take-back requirements system information by managing entities. Now, submission of information to demonstrate compliance with the obligations is to be made by 30 June of the year following the marketing of the packaging, and not anymore 31 January as previously practiced.

Our Environment, Climate Change and Sustainability team has been closely following new publications on the subject and is available to discuss the new decree’s impacts on the day-to-day operations of companies.

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

1 Available here (Portuguese version).

2 State Decree No. 15.340/2019 and amendments, now repealed.

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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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