The deadline for submitting reports for the year 2022 has been extended to December 10, 2024
The Environmental Institute of Mato Grosso do Sul (Imasul) has strengthened its inspections regarding the compliance with reverse logistics in the state. Companies that did not submit reports for 2020 and 2021 were fined, with penalties reaching up to R$ 100,000.
New rules and deadlines
State Decree No. 16.089/2023 established new rules for reverse logistics in Mato Grosso do Sul, including mandatory registration in Sisrev-MS and the submission of annual performance reports. Additionally, the state extended the deadline for submitting the report for the 2022 base year to December 10, 2024.
In July of this year, Imasul fined hundreds of companies for failing to submit reports for the 2020 and 2021 base years. Failure to regularize or present a defense could result in a fine of R$ 100,000, in addition to other measures. According to Imasul, "More than 200 companies from various states across the federation have already been fined this week alone, totaling over R$ 20 million in fines. For the 2021, 2022, and future base years, the sanctions provided in Decree 16.089/2023 will be applied if obligations are not met."
In case of non-compliance, the penalties provided in Federal Law No. 9.605/1998 (Environmental Crimes Law) and Federal Decree No. 6.514/2008 may be applied.
In recent years, Imasul has summoned companies, through Ordinances, to prove the implementation of the Reverse Logistics System, with Sisrev-MS processing approximately 20,000 tons of general packaging in 2022, according to their data.
The extension of the deadline for submitting reports is intended to allow companies to regularize their situation, but this measure proved ineffective in 2023, leading to many companies being warned by Imasul's Ordinances. Those fined claim they were not properly notified of the obligation and are now contesting the penalties, with many alleging they are not subject to such obligations.
Companies operating in the state must be aware of the legal requirements and ensure compliance with reverse logistics obligations, including taking advantage of the extended deadline to regularize their situation if necessary, or, if they have been warned by Imasul but are not subject to such obligations, to avoid the application of undue penalties.
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