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 October 2018 issue covers developments from August 16 to September 15.
Argentina
Energy Efficiency
Chamber of Deputies Bill No. 5438-D-2018 would create the Program Promoting the Production and Sale of Energy Efficient Household Electrical Appliances (RENOVATE).
Oil & Gas
Chamber of Deputies Bill No. 4960-D-2018 would establish minimum environmental protection measures for exploration and exploitation projects in unconventional hydrocarbon reservoirs.
Packaging & Labeling
Chamber of Deputies Bill No. 5443-D-2018 would create a "Socially Responsible Production Label."
Chamber of Deputies Bill No. 5539-D-2018 would establish a program for the progressive substitution of disposable, conventional plastic products.
Resolution No. 3/2018 establishes quality and safety requirements for aluminum flexible tubes used for the packaging of products sold in Argentina.
Waste
Senate Bill No. 2965/18 would establish the National Strategy for the Reduction, Reuse, and Recycling of Household Waste.
Buenos Aires City Bill No. 2711-2018 would establish legal provisions for the environmental management of expired household medicines.
Chamber of Deputies Bill No. 5390-D-2018 would establish legal provisions preventing programmed obsolescence of electrical and/or electronic products.
Chamber of Deputies Bill No. 5563-D-2018 would establish legal provisions for the management of electrical and electronic equipment waste.
Brazil
Biodiversity
Ministry of Environment published the Implementation Plan for the National Strategy for Invasive Alien Species (Ordinance No. 3/2018).
Chemicals
Decree No. 9.493 regulates the inspection of chemicals controlled by the Army.
Energy Efficiency
Ordinance No. 2/2018 approves energy efficiency targets for air conditioners.
Packaging & Labeling
Senate Bill No. 382/2018 would prohibit the production, import, export, sale, and distribution of plastic bags.
Sustainable Development
Ministry of Environment announces a strategy to reach Sustainable Development Goals under the United Nations 2030 Agenda for Sustainable Development (Ordinance No. 333/2018).
Chile
Agriculture
Resolution No. 5.391/2018 establishes provisions for declaring the physicochemical composition of fertilizers that are marketed and distributed in Chile and repeals Resolution No. 5.306/2016.
Chemicals
Chamber of Deputies approves a bill (No. 11.919) that would implement two conventions that ban chemical and biological weapons, both of which were ratified by Chile more than twenty years ago.
Chile has transmitted its updated national plan for implementing the Stockholm Convention on Persistent Organic Pollutants to the Conference of the Parties (COP), reflecting amendments made at COP-7.
Energy
Chamber of Deputies Bill No. 12079-12 would modify the General Bases of the Environment Law (No. 19.300) to submit certain power generation plants to the Environmental Impact Evaluation System.
Energy Efficiency
Senate Bill No. 12058-08 would instruct the Ministry of Energy to prepare a National Energy Efficiency Plan every five years and would aim to reduce energy consumption amongst large consumers and in the housing and public sectors, and promote the use electric vehicles.
Restricted Substances
On August 27, 2018, the Government of Chile deposited its instrument of ratification, thereby becoming the 96th Party to the Minamata Convention on Mercury.
Waste
Fifteen tire import companies and the Agency for Sustainability and Climate Change signed a Clean Production Agreement with the aim of developing a collective tire waste management system and opening new markets for associated byproducts.
Thirty private sector companies, represented by ACCIÓN Empresas, and the Agency for Sustainability and Climate Change and the Recycling Industry National Association signed a Clean Production Agreement to reduce their waste to zero.
Colombia
Land Management
Chamber of Deputies Bill No. 056/18 would establish mechanisms for managing environmental liabilities in Colombia.
Oil & Gas
Senate Bill No. 115/18 would declare a moratorium on hydraulic fracturing activities for the exploration and exploitation of hydrocarbons located in unconventional reservoirs.
Packaging & Labeling
Chamber of Deputies Bill No. 123/18 would regulate the manufacture, sale, and distribution of single-use plastics used for the consumption of food and drinks.
Restricted Substances
Senate Bill No. 102/18 would set lead limits in products sold in Colombia.
Costa Rica
Waste
Legislative Assembly Bill No. 20.985 would establish legal provisions for reducing and preventing plastic and solid waste pollution.
Mexico
Health & Safety
Voluntary technical standard NMX-EC-17067-IMNC-2018 provides guidelines for understanding, developing, operating, and maintaining certification schemes for products, processes, and services.
Technical standard NOM-027-ENER / SCFI-2018 establishes thermal performance and gas savings specifications, test methods, and safety and labeling requirements for household and commercial solar water heaters that use liquefied petroleum gas or natural gas as fuel.
Technical standard NOM-201-SCFI-2017 establishes the minimum safety requirements, test methods, and conformity evaluation procedures for portable cooking devices that use liquefied petroleum gas or other petroleum products as fuel.
Technical standard NOM-221-SCFI-2017 establishes specifications for mobile terminal equipment that can be connected to the radio spectrum or telecommunications networks.
Land Management
Draft Technical Standard PROY-NMX-SAA-14055-1-IMNC-2018 would provide guidelines for the establishment of good practices in land management to prevent or minimize land degradation and desertification.
Oil & Gas
An agreement repeals various provisions of the Guidelines for industrial and operational safety, and environmental protection for the onshore transport of oil, petrochemicals, and other petroleum products via pipelines.
Technical standard NOM-185-SCFI-2017 establishes the specifications, test and verification methods, and conformity assessment procedures for computer programs and electronic systems that control the operation of systems for the measurement and dispatch of gasoline and other liquid fuels.
Packaging & Labeling
A Senate bill would require the packaging and labels of products to identify potential risks to the environment stemming from the products' use as well as measures to be carried out to ensure comprehensive management of their waste.
Peru
Health & Safety
Ministerial Resolution No. 340-2018-MEM/DM approves ten technical standards for refrigeration appliances.
Oil & Gas
Ministerial Resolution No. 307-2018-MEM/DM would establish draft Terms of Reference for the preparation of Abandonment Plans in the Hydrocarbons Sector.
Ministerial Resolution No. 337-2018-MEM/DM would establish draft provisions for the application of Environmental Quality Standards for soil and Management Criteria for Contaminated Sites, applicable to electric power generation and hydrocarbon activities.
Ministerial Resolution No. 346-2018-MEM/DM would establish draft guidelines for the development of Environmental Management and Abandonment Plans for hydrocarbon activities without environmental certification, and corresponding Statement of Motives.
Supreme Decree No. 023-2018-EM modifies the Regulation for Environmental Protection in Hydrocarbon Activities (Supreme Decree No. 039-2014-EM) to promote responsible investment in and ensure sustainable development of the Hydrocarbons Sector.
Packaging & Labeling
Unicameral Congress Bill No. 03278/2018-CR would replace the use of plastic bags in commercial establishments with biodegradable substitutes.
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.