On May 15, 2019, the Rio de Janeiro State Environmental Agency ("SEAS") published Resolution SEAS No. 13 ("Resolution"), regulating the Packaging Declaratory Act ("ADE") and the Plan of Goals and Investments ("PMIn") established in the Take-back System of Packages and its Waste ("TB").
Among the innovations brought by the Resolution, we highlight:
- Manufacturers of packages, packers and importers of products sold in packages must file the ADE and PMIn within SEAS ("Responsible");
- The ADE has to be annually filed and the first one must be presented by March 31, 2020;
- Every two years, SEAS will estipulate the goals to be met by the Responsible, based on the information provided in the ADEs;
- Regardless of the goals, retailers are already authorized to provide a place for the installation of Voluntary Delivery Points ("PEVs");
- The obligations set forth shall not apply to pesticides, lubricating oils and drugs packages nor to distributors and traders on B2B businesses.
Failure to comply with the Resolution will subject the Responsible to penalties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.