On 5 June 2023, Federal Decree Nos. 11,546, 11,547, 11,548, 11,549, and 11,550 were enacted, setting forth provisions related to climate change.
Two new regulations were published on 13 February 2023. The regulations, which directly impact the business sector, are the following: (i) Federal Decree No. 11,413/2023, which established three new reverse logistics credit certificates at the federal level: the Reverse Logistics Recycling Credit Certificate, the Certificate of Structuring and Recycling of Packaging in General and the Future Mass Credit Certificate; and (ii) Federal Decree No. 11,414/2023, which reinstituted and reformulated the pro-scavengers program, subject of former Federal Decree No. 7,405/2010, revoked in 2020.
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. 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.
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.
On 24 October 2022, CETESB published Board Decision No. 106/2022/P, which establishes the new procedures to be observed within the scope of administrative proceedings for issuing Technical Opinions related to contaminated areas.
The Brazilian Institute of Environment and Natural Resources opened a public consultation regarding a new normative that regulates the control of corporate emissions and the management of pollutant emission credits for the Vehicle Emission Control Program’s L8 phase. The public consultation is in accordance with CONAMA Resolution No. 492/2018, which established the Proconve L7 and L8 phases, and aims to obtain input from stakeholders who will be involved in Proconve L8.
On 15 January 2021, the federal government made available on its website (https://www.gov.br/mma/pt-br/assuntos/agendaambientalurbana/ProgramaNacionaldeRecuperaodereasContaminadas.pdf) the National Program for the Recovery of Contaminated Areas, object of Ordinance MMA No. 603/2020. In summary, the program seeks to expand and consolidate data and information on key issues for the management of contaminated areas in Brazil.
State Law No. 11,326/2020 came into force on November 22, 2020, establishing the obligation for producers, importers, distributors and sellers to implement the take-back system of several post-consumption products and their packaging sold in the Brazilian State of Maranhão.