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Brazil: State decree establishing the take-back requirements system for packaging in Mato Grosso published

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In brief

On 1 February 2023, State Decree No. 112/20231 was published, establishing the take-back requirements system for packaging in the state of Mato Grosso (MT). The decree is the first specific regulation on the subject in MT, regulating the state policy for solid waste (Law No. 7,862/2002) in this regard.

More details

Decree No. 112/2023 establishes new guidelines for the implementation, structuring and operation of the take-back requirements system for packaging in MT.

The recently published decree introduces similar concepts to those provided in Federal Decree No. 11,044/2022, which created the recycling credit (Recicla+), such as the figure of the independent verifier and the “Electronic Information System of the Black Box Species” (“Black Box“). The black box system aims to allow the capture of anonymized information from the business sector and the obtaining, in a confidential and secure way, of the quantity of product packaging material made available in the market and returned to the production sector for the purposes of compliance with the reverse logistics targets by the companies adhering to the collective model.

The new decree obligates manufacturers, importers, distributors and traders of packaging that, after use by the consumer, generate packaging as waste in the territory of Mato Grosso to implement the take-back requirements system. There will be an obligation to implement the system whether or not the obligated parties are signatories to terms of commitment at the national or state level.

The concept of manufacturer is similar to that provided in other states, i.e., the “brand owner” is considered the manufacturer. When the manufacturer is not the brand owner of the product but only fills, assembles or manufactures products on behalf of the brand owner, it must ensure that the respective product and/or packaging is covered by a take-back requirements system in the state.

The decree also provides that the registration of information on take-back requirements systems, which is self-declaratory, must be filed within 180 days from the publication of the decree.

One of the decree’s essential items concerns the targets, which must be progressive and quantitative, expressed in percentages, and by group of recyclable packages. The targets cannot be lower than those provided by the national solid waste plan (PLANARES), as well as sector agreements and terms of commitment of national or state levels.

The information on the target’s accomplishment must be sent through an annual performance report, to be submitted to the state environmental agency (SEMA/MT) by 30 June of each year. The first report must be submitted by 30 June 2023 and must show the amount of packaging placed on the market in the base year 2021, whose recovery (performance year) should have occurred in 2022.

SEMA/MT and the state treasury department (SEFAZ/MT) will check compliance with the decree’s obligations. Noncompliance will lead to the application of the penalties stipulated under Federal Decree No. 6,514/2008, which deals with administrative infringements and penalties to the environment.

Finally, following the trend of other state regulations, Decree No. 112/2023 foresees that the state environmental agency will require compliance with the take-back requirements system for packaging to issue or renew environmental licenses.

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 companies’ day-to-day operations.

1 Available at https://www.iomat.mt.gov.br/portal/visualizacoes/html/17127/#e:17127/#m:1422447.

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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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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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