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 November 2018 issue covers developments from September 16 to October 15.
Regional
Environmental Justice
Twelve countries in Latin America and the Caribbean, including Argentina, Brazil, Costa Rica, Ecuador, Mexico, and Peru, signed the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement.
Argentina
Agriculture
Senate Bill No. 3610/18 would establish a regime for authorization, registration, and control of phytosanitary products.
Environmental Justice
Chamber of Deputies Bill No. 6182-D-2018 would ratify the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement.
Packaging & Labeling
Senate Bill No. 3714/18 would aim to reduce urban solid waste by encouraging the production, use, and treatment of compostable containers and packaging.
Buenos Aires City Bill No. 3040-E-2018 would establish rules for the integrated management of packaging wastes through the implementation of producer take-back systems.
Product Take-Back
Buenos Aires City Bill No. 2915-E-2018 would establish a container recycling and return system.
Waste
Buenos Aires City Bill No. 3020-E-2018 would eliminate the sale and production of plastic straws throughout the territory.
Buenos Aires City Bill No. 2940-E-2018 would establish a waste recycling system in which participating citizens would be rewarded with reduced rates for City sweeping and cleaning services.
Buenos Aires City Bill No. 2844-E-2018 would establish rules for gradually eliminating the production, import, and sale of conventional, single-use plastic products throughout Buenos Aires City.
Bill No. 2819-2018 would create a program to reduce the use of single-use plastic straws and cups in commercial activities.
Water
Senate Bill No. 3563/18 would guarantee the right of access to drinking water to all inhabitants of Argentina.
Brazil
Climate Change
To date, Brazil has reduced consumption of hydrochlorofluorocarbons(HCFCs) by 36.92%, surpassing the 16.6% target set for 2018.
Energy
The Ministry of Science, Technology, Innovation, and Communications (MCTIC) published the Draft Science, Technology and Innovation Plan for Renewable Energy and Biofuels 2018-2022.
Enforcement
The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published Ordinance No. 2.723, which provides for administrative planning of public civil actions to be filed by IBAMA, aiming to determine civil liability arising from environmental violations under IBAMA’s purview.
Product Take-Back
The National Treasury Policy Council (CONFAZ) signed Agreement No. 99/2018, which authorizes nine Brazilian States (AL, AM, BA, ES, PR, PE, RJ, SC, and SP) to exempt electrical and electronic equipment take-back operations, including transport within their respective territories, from the state value-added tax on the circulation of goods and services (ICMS).
Waste
The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) published Draft Normative Instructions on the interstate transportation of electrical and electronic waste in different phases of the reverse logistics chain.
Water
A substitute proposal to Bill No. 6.528/2016 has been proposed in the Chamber of Deputies that would prohibit the handling, manufacture, import and marketing of personal hygiene products, cosmetics, and perfumery containing intentionally added microplastics throughout Brazil.
Chile
Air
The Chamber of Deputies approved a resolution (No. 313) that would call for the President to issue new air quality standards and to standardize existing ones, in accordance with guidelines established by the World Health Organization.
Enforcement
Senate Bill No. 12121-12 would criminally penalize actions that threaten the environment.
Health & Safety
Resolution No. 24.730 establishes technical specifications for electrical products sold in Chile.
Land Development
The Chamber of Deputies approved a bill (No. 11912-12) that would modify the General Bases of the Environment Law (No. 19.300) to require the preparation of an Environmental Impact Study for projects that could generate light pollution in certain areas.
Mining
The Chamber of Deputies approved a resolution (No. 164) that would call for the President to approve a national policy on lithium that would take a comprehensive, long-term approach and incorporate the views of regions and communities, rather than only addressing the extraction and export of the raw material.
Chamber of Deputies Bill No. 12170-12 would prohibit the collection of heavy metal concentrations in urban areas.
The Chamber of Deputies approved a resolution (No. 167) that would call for the President to approve a bill that would establish intervention plans and mitigation measures in areas contaminated with heavy polymetals throughout the country.
Colombia
Air
The Ministry of Environment and Sustainable Development has published a Draft Resolution that would modify the regulation establishing emissions standards for fixed sources in Colombia (No. 909/2008).
Mining
The Ministry of Environment and Sustainable Development has published a draft regulation that would regulate the use of the Colombian Environmental Mining Seal, a certification mark recognized by the Superintendency of Industry and Commerce to demonstrate a product’s compliance with the draft regulation.
Waste
Chamber of Deputies Bill No. 193/2018 would establish a state plan for the collection, treatment, reuse, and integrated management of used tires.
Costa Rica
Agriculture
The Ministry of Labor & Social Security has proposed a draft Occupational Health Regulation for the management and use of agrochemicals.
The Ministry of Agriculture and Ranching has published a Certification Scheme for the Production of Organic Products.
Energy
Decree No. 41121-MINAE-H establishes the official list of equipment that uses renewable or alternative energies that is exempt from excise, ad valorem, and sales taxes, pursuant to Article 38 of the Law for the Rational Use of Energy (No. 7447/1994).
Land Management
Decree No. 41305-S would modify the Regulation for the Control of Noise Contamination (No. 39428-S) in terms of the actions that are exempt from established noise limits.
Packaging & Labeling
The Ministry of Environment and Energy has published Executive Decree No. 41276-MINAE, Regulation for the Use of the Carbon Neutrality Country Program 2.0 Symbols.
Waste
The Ministries of Health and Environment & Energy have proposed a draft regulation that would establish rules for the classification and management of hazardous wastes in Costa Rica.
Ecuador
Forestry
The Ministry of Environment signed an inter-institutional cooperation agreement with the national working group on voluntary forest certification in Ecuador (CEFOVE) to promote sustainable use of forests throughout the country and facilitate the implementation of certification processes for legal timber and non-timber forest products.
Health & Safety
A bill proposed in the National Assembly would establish the Organic Law for Safety and Health in the Workplace.
Waste
A bill proposed in the National Assembly would establish rules for the reduction, reuse, and recycling of plastic wastes, and the progressive elimination of single-use plastics in commerce.
Mexico
Air
Draft modifications were published to NOM-163-SEMARNAT-ENER-SCFI-2013, which regulates emissions of carbon dioxide and its equivalent in terms of fuel efficiency, applicable to new automotive vehicles of gross vehicle weight up to 3,857 kilograms.
Technical Standard NOM-050-SEMARNAT-2018 establishes maximum permissible limits of emissions from automotive vehicles in circulation that use liquefied petroleum gas, natural gas, or other alternative fuels.
Energy
A bill proposed in the Chamber of Deputies would modify the General Law for the Prevention and Integrated Management of Wastes to call for the federal government to use organic and inorganic urban waste for the production of electrical energy.
A bill proposed in the Senate would call for federal, state, and municipal authorities to develop actions for the use of urban solid waste in energy generation processes.
Enforcement
A bill proposed in the Chamber of Deputies would modify the Environmental Responsibility Law to specify that there is no minimum number of community plaintiffs required to exercise action and judicially demand environmental liability, reparation, or compensation for damage to the environment.
Oil & Gas
An Agreement has been published providing the operating license application for service stations that sell petroleum products (gasoline and diesel), liquefied petroleum gas, and natural gas.
Packaging & Labeling
A bill proposed in the Senate would call for federal authorities to develop a regulation and a national program for handling, recycling, and replacing plastics, especially plastic bags, with biodegradable alternatives.
A bill proposed in the Chamber of Deputies would modify the General Law for the Prevention and Integrated Management of Wastes to prohibit the provision of plastic products, containers, and packaging in all commercial activities.
A bill proposed in the Chamber of Deputies would modify the General Law for the Prevention and Integrated Management of Wastes to establish the basis for reducing plastic bag use and transitioning to biodegradable alternatives.
Voluntary technical standard NMX-EE-059-NORMEX-2017 specifies a set of graphical symbols conventionally used for marking packages to convey handling, transportation, and storage instructions.
A bill proposed in the Senate would call for federal authorities to design and implement rules prohibiting the provision of plastics bags, for a fee or free of charge, to transfer merchandise acquired in commercial establishments.
Restricted Substances
Technical Standard NOM-212-SCFI-2017 would establish maximum allowable limits of mercury and cadmium, test methods, and labeling specifications for primary batteries.
Waste
A bill proposed in the Chamber of Deputies would modify the General Law for the Prevention and Integrated Management of Wastes to prohibit the provision of straws in commercial or service establishments.
Water
A bill proposed in the Senate would modify the National Water Law to designate the environmental use of water a priority and give it preference when granting water concessions or assignments.
Peru
Climate Change
A Draft Regulation to the Climate Change Framework Law (No. 30754) is proposed via Ministerial Resolution No. 339-2018-MINAM.
Public Procurement
A bill (No. 03481/2018-CR) proposed in the unicameral Congress would establish and promote minimum quality standards for food, cosmetics, and cleaning products acquired by state entities.
Waste
The Ministry of Environment announced its progress on implementing recommendations from the Organization for Economic Co-operation and Development (OECD), which include updating the country’s Regulation on the Management of Electrical and Electronic Waste (WEEE) in November 2018 to incorporate the Special Regime for the Management of Solid Wastes from Prioritized Goods, envisioned in the Solid Waste Law and its Regulation.
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.
