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2 State Decree No. 15.340/2019 and amendments, now repealed.