Chile "REACH", Chemical Storage Rule, Plastics, Brazil's Business Pact for Nature, Liability, Access to Information, New Rules for Cleaning Products
Chile “REACH”: Notification Deadline Closed
On Friday, August 30, 2024, the deadline to notify hazardous industrial substances in the Latin American region’s first REACH-inspired chemical registration system closed.
As might be expected with such a major new undertaking, the event was not without its problems.? In the last week before the deadline, the government formally acknowledged what industry had been reporting for some time:? the online platform had too many “bugs.”? Industry had been reporting that the system would randomly change information inputs.? In the final days, the government moved to require all chemicals be submitted via a downloadable Excel spreadsheet via email to the agency.
For now, the government has not posted any formal notice about extending the deadline based on these last-minute issues.? That may be something to watch for – or petition for – if your company found itself unable to comply due to the difficulties.
What’s next??
Per the law, Chile’s agency how has until the end of 2024 to review all the information – and then publish the first ever national inventory of existing hazardous industrial substances.? Per the law, as of January 1, 2025, imports of industrial hazardous substances that are NOT on that inventory will not be allowed by the regional health authorities (the so-called SEREMI) until the substance is notified – and at that time, it will need to notify as a “new” substance subject to additional data requirements.
How will this all play out?
For now, that is open to debate.? What is certain is that Latin America is moving forward with its chemical management agenda – and even if there are some hiccups along the way, it does not seem to be derailing the general trend toward greater control of chemical substances.
Brazil: Draft Chemical Storage Rule Round 2
Brazil’s standard setting organization, ABNT, has posted a revised draft (i.e., Round 2) of an important new chemical storage rule.? Draft ABNT NBR 17160 has already been through one public comment and consultation period – and is now revised and out for another.? The new rule – although voluntary until adopted by reference in an official regulation – would define important rules on safe storage considering factors such as temperature, humidity, light, and ventilation and addressing chemical incompatibility.? The Draft is based primarily on German standard TRGS 510.
The Draft may be consulted on – and comments submitted to – the official ABNT website.
Plastic Alternatives: Peru’s Draft Standard
Peru, like other countries in Latin America, is not waiting for a UN plastics treaty.? The country has already enacted a law regulating single-use plastics and disposal containers and packaging (Law 30884).? Now, the country has posted for public comment a draft technical regulation with the technical and labeling requirements for reusable plastic cutlery and/or tableware for food and beverages for human consumption for domestic use, import, distribution, delivery and marketing.? The inclusion of tariff codes for covered product categories is extremely helpful for determining the specific reach of the proposed standard.? The proposal includes limits on heavy metals and restricted substances.? The draft is quite well developed from requirements of conformity assessment to recycled content and rules on specific polymers.? The details in the draft are based in great part on existing ISO standards cited in the proposal.?
Interested companies should seek an opportunity to participate in the process.
Link to Draft:
Access to Information & Avenues for Liability
The first of its kind international treaty on public access to environmental information and protection of environment activists is a Latin American creation.? The treaty- The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean- is known as the Escazu Agreement. ?It was originally signed by 24 countries – and is slowly getting ratified and implemented by each one.?
The news last week was that Colombia’s courts declared their national law approving the Escazu Agreement – La2 2273/2022 – as constitutional.? This decision allows the Ministry of Environment to move forward on implementation, including its plan to create an Interinstitutional Commission and social program “Alerta por mi ambiente” which provides an avenue for citizens to denounce environmental issues.?
The Escazu Agreement is not only going to provide better access to environmental information to the citizens of each signatory country – it will also have great potential to expand the use of the litigation to bring alleged polluters to court.?
Companies in Latin America should take monitor the adoption and expansion of the Escazu Agreement.
Chile’s Focus on Plastics and Packaging
Chile, like its Latin American neighbors, has single-use plastics squarely in its sights.? The country already adopted a Single Use Plastic Law (Law 21.368), and the government has prepared the implementing regulation.? Last week, the proposed regulation cleared one of the last hurdles to its enactment – it was approved by the Council of Minister for Sustainability and Climate Change.?
This regulation will set out both the obligations around single-use plastics and the requirements for certification of acceptable alternatives.? The alternatives are called “certified plastics” – meaning they are made with at least 20% of their materials from rom renewable resources and compostable.? For disposable plastic bottles – think beverages – the regulation follows the law:? the bottles must be made of plastic collected and recycled in Chile at a starting percentage of 15% by 2025 and up to 70% by 2060. And additionally, 30% of the bottles offered for sale in supermarkets must be returnable.?
But the country may not be stopping there.
Across town, at the same time, the Environment Committee in the Chamber of Deputies was discussing two different related bills.? One would modify the existing Extended Producer Responsibility Law to temporarily prohibit import of certain plastics that are used to create single-use plastic products. The second bill would ban sale of disposal plastic bottles and single-use products.?
If enacted, these bills could take the country even further than the current laws and even the soon-to-be final regulation to the current Single Use Plastic Law.
Link to the Bills:
Brazilian Business Commits to Nature
Two weeks ago, the three branches of government in Brazil (legislative, executive, and judicial) signed a strong commitment -with tangible actions – known as the Pact for Ecological Transformation.? Last week, the government initiative was joined by a very important business proposal titled the “Economic Pact with Nature.”
More than 50 of the country’s most important business and corporate leaders and economists committed to working with the government to find a solution to climate change – while maintaining sustainable economic development for the country.? The Pact calls for the country, which hosts the next Climate COP in 2025, to develop directives and targets for a strong national decarbonization plan to take to the event.
Brazil:? Draft Rule on Cleaning Products
Brazil, as a member of Mercosur (the Common Market of the South), often adapts its regulations to fit those adopted by the trading bloc.? Here, Brazil’s FDA analog, ANVISA, has posted for public comment a draft rule that would set out definitions, classifications, labeling requirements and technical specifications for risk 1 and risk 2 sanitizing products for general cleaning purposes – including the rules for product registration or notification.? Interested parties have until November 4, 2024 to submit comments.
Link to Draft:
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Professor Associado na Funda??o Dom Cabral
2 个月Sociabilizado!
Consultant (Human Resources). Think Tank collaborator. Lawyer.
2 个月Thanks for the information. Interesting to know more about the Escazu Agreement.