New regulation allows the import of strategic waste and sets criteria to protect the environment and support waste pickers
The National Solid Waste Policy (PNRS) – Law No. 12,305/2010 – previously prohibited, under Article 49, the import of solid waste of any kind and for any purpose. In January, Law No. 15,088/2025 amended Article 49 to allow the import of certain types of waste for specific purposes.
Accordingly, Decree No. 12,451, signed by the President of the Republic on May 6, 2025, regulates Article 49, §1 of the PNRS in Brazil. The new decree, resulting from the changes introduced by Law No. 15,088/2025, establishes conditions for the import of solid waste while reinforcing the prohibition on the entry of rejects of any kind, hazardous waste, or waste with characteristics that may harm the environment or human health.
Importation is permitted for waste used in the transformation of strategic materials and minerals in industrial processes, as established in §1 of Article 49 of the PNRS. Additionally, import restrictions do not apply to the return of waste previously exported by Brazil, particularly for reverse logistics and recycling purposes.
Key points of the new decree include:
- Recycling credits will not be granted for operations involving imported waste.
- Criteria for import authorization include: (i) compliance with the procedures established under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and (ii) prioritization of waste generated domestically, in order to support waste picker cooperatives.
- A joint act by ministries and presidential offices will define which types of waste may be imported, based on economic feasibility, domestic availability, industrial demand, the impact on cooperatives and associations of recyclable and reusable material collectors, environmental impact, and waste purity levels.
- The Executive Management Committee of the Foreign Trade Chamber may set import limits and must consult the National Forum on Circular Economy and the Interministerial Committee for the Socioeconomic Inclusion of Waste Pickers. Additionally, the Secretariat of Foreign Trade will manage these limits.
- Non-compliance with the provisions of this decree will subject waste importers to the penalties set forth in Law No. 9,605/1998 (Environmental Crimes Law) and other applicable regulations.
It is worth noting that Decree No. 12,451/2025 repealed Decree No. 12,438 of April 17, 2025, which included a specific list of waste types, such as fragments of glass, steel, copper, aluminum, and other minerals. Under the new regulation, a joint act by Executive Branch agencies will define the list of waste of interest and relevant regulations.
This legislation aims to balance the economic potential of selectively importing strategic waste, promoting the circular economy and new transformation industries, while safeguarding environmental protection, public health, and social considerations—particularly regarding waste picker workers.
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