Latin American Environmental Regulatory Tracker
Our monthly Latin American Environmental Regulatory Tracker lists pending and recently enacted environmental laws and regulations in several Latin American countries. The February 2019 issue covers developments from December 16 to January 15.
Law No. 27492 modifies Law No. 26.473 to ban the import and marketing of halogen lamps as of December 31, 2019.
Buenos Aires City Law No. 6117 regulates the environmental management of contaminated sites.
The Committee on Agriculture, Livestock, Food Supply and Rural Development in the Chamber of Deputies approved Bill No. 10737/18, which would place restrictions on imports of bananas from countries that do not respect environmental standards.
The National Environmental Council (CONAMA) published Resolution No. 492/2018, establishing two new phases of the Air Pollution Control Program for Motor Vehicles (PROCONVE) that set pollutant emission limits for new light motor vehicles for road use.
The Ministry of Public Safety published Ordinance No. 256/2018 to establish procedures for the control and inspection of chemical products by the Federal Police.
The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published Normative Instruction No. 1/2019, which modifies the Annual Report on Potentially Polluting Activities and Users of Environmental Resources.
Design for Environment
Two bills (Nos. 560/2018 and 559/2018) proposed in the Chamber of Deputies would establish special tax regimes to promote goods and services with a low environmental impact.
The Ministry of Mines and Energy published Public Consultation No. 65/2018, which proposes draft procedures for the preparation of the 2050 National Energy Plan (PNE). Public comments will be accepted until February 17, 2019.
The Superior Court of Justice (STJ) published Precedents Nos. 623 and 629 regarding civil liability for environmental damages.
Provisional Act No. 867/2018 was published to amend the Forest Code (Law No. 12651/2012) to extend the deadline for adhesion to the Environmental Regularization Program (PRA) until December 31, 2019.
The Ministry of Labor published Ordinance No. 1.085/2018, modifying Regulation No. 22, which establishes occupational health and safety rules in the Mining Sector, to bring changes to the sections on Disposal of Tailings, Wastes, and Products, and Emergency Response Plans.
Packaging & Labeling
The Ministry of Environment and members of the steel packaging industry finalized the Terms of Commitment for the Implementation of the Reverse Logistics System for Steel Packaging, formalizing the Industry's commitment to guarantee the environmentally adequate disposal of packaging for products, such as house paints and food.
The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published a draft Normative Instruction that aims to improve the procedures and methods for verifying compliance with National Environmental Council (CONAMA) Resolution No. 416/2009, which establishes rules on the collection and final disposal of used tires.
Bill No. 11265/2018, proposed in the Chamber of Deputies, would amend Law No. 13.233/2015 by extending the deadline for cleaning products to include labels encouraging moderate consumption of water and warning of water shortage risks.
The Ministry of Agriculture has published Resolution No. 9.074/2018, which establishes conditions and requirements to authorize microbial pesticides for commercialization.
The Ministry of Environment has published Resolution No. 1.439/2018, establishing the Environmental Regulation Program 2018-2019, which contemplates the policies, plans, and instruments of environmental management related to air quality, climate change, biodiversity, waste, soil, and risk assessment, and sets out priorities planned by the Ministry of Environment.
The Ministry of Environment has published Resolution No. 1.386/2018, draft revisions to Decree No. 7/2015, which establishes noise emission standards for motorcycles, and light and medium vehicles.
Chamber of Deputies Bill No. 12373 would prohibit and penalize the provision and use of non-degradable plastic straws in commercial establishments.
The Ministry of Housing, City, and Territory has published Decree No. 2412 to incentivize the use and treatment of solid waste.
The National Standardization Advisory Committee for the Preservation and Rational Use of Energy Resources (CCNNPURRE) published draft technical standard PROY-NOM-031-ENER-2018, which would establish energy efficiency specifications and test methods for LED lights intended for public street lighting and outdoor areas.
Ministerial Resolution No. 440-2018-MINAM approves the National Ecosystems Map, which includes the documents: "Descriptive Memory of the National Ecosystems Map" and "Conceptual Definitions of Ecosystems."
Resolution No. 287-2018-MINAGRI-SERFOR-DE approves the Guidelines for the identification of fragile ecosystems and their incorporation in the Sectorial List of Fragile Ecosystems.
The Ministry of Environment has finalized the Guidelines for applying criteria on natural infrastructure and risk management when encountering the need for reconstruction due to climate change via Supreme Decree No. 017-2018-MINAM.
The Ministry of Environment (MINAM) approved the Guidelines for the Preparation of the Baseline, and the Identification and Characterization of Environmental Impacts via Ministerial Resolution No. 455-2018-Minamwithin the framework of the National Environmental Impact Assessment System (SEIA). These documents will allow for a common frame of reference for the preparation of environmental studies.
Bill No. 03732/2018-CR, proposed in the Unicameral Congress, would create a Registry of areas contaminated with heavy metals as a result of environmental damage caused by mining activities.
Oil & Gas
The Ministry of Mines and Energy (MEM) published Supreme Decree No. 002-2019-EM, which regulates public participation in the development of hydrocarbon activities.
Packaging & Labeling
Law No. 30884 regulates single-use plastics and containers used in the consumption of food and beverages.
The Ministry of Environment has published the draft National Plan for Implementing the Minamata Convention on Mercury via Ministerial Resolution No. 446-2018-MINAM.
The Ministry of Environment has published Ministerial Resolution No. 458-2018-MINAM, which would establish the draft Terms of Reference for Developing Recovery Plans for Areas Degraded by Municipal Solid Waste.
As part of our International Environmental Law practice group, Beveridge & Diamond's Latin America practice group helps multinational clients navigate dynamic and unprecedented change in Latin American environmental law. We counsel clients from various industrial sectors on a wide range of issues arising under the domestic environmental regulations of most Latin American countries with an emphasis in Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico, and Peru. For more information, please contact the authors.