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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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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit 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. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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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.

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Manuela Demarche joined the Firm in 2017 and is a Senior Associate of the Environment and Sustainability practice group, with focus on Environmental Law, Sustainability, ESG and Climate Change. Manuela Demarche has a wide breadth of experience in matters related to environmental liability and licensing proceedings – especially regarding mitigating and compensatory measures, intervention by interested third parties, risk mitigation and protected areas – and advises clients in relevant cases to the current Brazilian scenario, comprehending consultations, due diligences, administrative and judicial matters related to environmental regularization (air pollution, effluents, solid waste, contaminated lands), circular economy, implementation of take-back requirements and product life-cycle, biodiversity, crisis management and definition of strategies under broad legal focus. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Livia Lupinacci is an Associate in Trench, Rossi e Watanabe Advogados Sao Paulo office. *Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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