COP28 & Latin America, Pesticides, Plastics and Packaging, Batteries and Solar Panels, Hazardous Waste, Chemical Registration, EPR & Circular Economy
COP28 and the National Agendas
This week the COP28 is underway in Dubai – with Latin American countries playing key roles, including Colombia’s leadership for the region in the adoption of the Loss and Damage Fund on the first day of the event.?
At the same time, countries continue to adopt their national regulations and proposals.? Recently, Argentina adopted itss National Strategy for the Use of Carbon Markets, indicating its support for both voluntary and mandatory markets.? Mexico recently revised its existing Climate Change Law to call for the creation of a National Atlas of Vulnerability to Climate Change.? It defines the new Atlas as a structured and systematic set of maps that will show vulnerability to climate change and guide the implementation of strategies within the planning and adaptation process.? The reform also requires the states to consider vulnerability to climate change in any construction or development plans.
And Chile just put into place a system for cleaner air – beyond just GHG – described in an earlier edition of the Newsletter. ?Namely, the new System for Emission Compensations ai part of its Green Tax on polluters. ?
And let’s not overlook the current state of energy in the region: “Latin America and the Caribbean already has one of the cleanest electricity sectors in the world, offering bright prospects for future clean energy industries. Renewables, led by hydropower, generate 60% of the region’s electricity, twice the global average, while some of the world’s best wind and solar resources can be found in countries including Brazil, Mexico, Chile and Argentina. Use of bioenergy is widespread across the region, and it is a major exporter of biofuels.”? The quote comes from the Latin America Energy Outlook?by the International Energy Agency.? This is IEA’s first comprehensive look at the full range of fuels and energy technologies across all 33 countries of the region.?
Latin America is not only important for its energy.? Its thought leaders are being recognized well beyond the region.? TIME magazine just included Brazil’s Ministry of Environment Marina Silva on its inaugural 100 Climate List of the most influential people on climate change in the world.? Not only is Ms. Silva a recognized authority and activist, but Brazil as a country has an outsized role in the climate debate due to the Amazon and its other critical biomes.? The list included two other Brazilians:? photographer Sebastiao Salgado and geologist Marcelo de Oliveira.
And for anyone trying to get a big picture view of how Latin America is doing on the issues of climate neutrality and resilience, look no further than a recent OECD report analyzing various sectors from energy and transport to agriculture and tourism.? The report looks at environment-related policies such as water, biodiversity, and ecosystems.? The report concludes with an Action Plan that includes 40 key policy recommendations. ?Given the sway that the OECD has in the region as countries like Brazil, Peru, and Argentina try to join the club, that Action Plan may get more play than if some other organization had produced it.?
Link to Argentina’s National Strategy:
Link to revision to Mexico’s Climate Change Law:
Link to IEA Report on Latin America:
Link to OECD Report:
Hazardous Argentina Waste Incineration Rules
Argentina has issued a new rule on incineration of hazardous waste.? The new technical standard sets out the basic guidelines taking into consideration the existing law and regulation and the country’s commitments under the Basel Convention. ?It also includes the approval process for incineration projects.? The rule went into effect upon publication on November 14, 2023.
Link to Rule:
EPR for Batteries in Chile
Circular Economy, Climate Change, and Green Energy Transition all rolled into one.? That’s the reality of the newest of Chile’s mandatory Extended Producer Responsibility collection and recovery targets for priority products under its progressive EPR Law of 2016:? batteries. ?The government has kicked off the process of developing the new supreme decree by the publication on November 14, 2023.? Battery is defined to mean any device weighing over 5 kilograms that supplies energy obtained by direct transformation of chemical energy.? It covers lead-acid batteries, lithium-ion batteries, and other batteries.? A draft decree is supposed to be prepared within 6 months from this publication.?
Link to publication:
Brazil Chemical Agenda on the Move
Brazil is wasting no time on getting its well-respected National Chemical Safety Commission (known by its Portuguese acronym "CONASQ") back in business. The CONASQ was a reference for interdisciplinary stakeholder engagement on important national policy and regulations that developed the draft REACH-inspire bill that is essentially the text pending before the Senate today. Unfortunately, the Commission was disbanded by Executive Order in 2019.
But President Lula ordered the CONASQ back into existence. On Monday, November 13th, the Ministry of Environment published the notice for the selection of the non-governmental groups that will join the new CONASQ (the government agencies are set by decree). Organizations representing civil society, the private sector, the academic-scientific community. and trade associations working on these issues can apply. Registration was extended into December.
From those applicants, ten (10) entities and organizations will be elected to the following seats: I - three civil society organizations; II - three private sector organizations; III - two organizations from the academic-scientific community; and IV - two trade associations. The selection will be made through electronic voting taking place from December 6 to 13. Only legal representatives of the non-governmental organizations can vote.
As a reminder, the REACH-inspired Bill is before the Senate for consideration, in succession, by three Committees.
With the CONASQ back on the scene, I feel more comfortable than ever expecting the chemical agenda in Brazil to move.
Pesticides Regulations
Latin American countries may be new to registering industrial chemicals ala REACH or TSCA, but they have had complex standards for registering and controlling regulated products for decades.? One of those areas of regulation includes pesticides.? Chile recently published modifications to its list of banned pesticides.? Now, manufacture, importation, distribution, sale, possession, and application of the following pesticides is prohibited: Binapacryl, Captafol, Chlorobenzilate, Ethylene Dichloride, DNOC and its salts, Dinoseb and its salts and esters, Fluoroacetamide, Phorate, Phosphamidon, HCH, Monocrotophos, Ethylene Oxide, Trichlorfon and Dicofol.?
At the same time, Brazil’s FDA-analog ANVISA is running a public comment period regarding changes to the monographs in the List of Active Ingredients of Agrochemicals, Sanitizing Disinfectants, and Wood Preservatives in IN 103/2021.? The sixty (60) day comment period began running on November 24, 2023.? And yet another was posted for public comment on November 30th for a similar period.? These updates to the list are a regular occurrence -which means that checking to see if an active ingredient is approved or not should be a regular occurrence for companies in this sector.
Companies interested in exporting pesticides to Latin America should realize it is a country-by-country analysis and plan their budgets and timelines accordingly for a successful go-to-market experience.
Link to Chile rule:
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Link to ANVISA drafts:
Brazil: BPA Bill
Brazil is no stranger to regulating BPA in certain products.? For example, the country already restricts import or manufacture of baby bottles containing BPA.? Now, a new Bill in the Congress would seek to extend the protection by requiring products for pregnant and breastfeeding women that contain BPA to carry warnings on packaging and in advertising materials to inform them of the alleged health risks posed by the substance.? The Bill is currently in the Chamber of Deputies for consideration by at least two Committees.
Link to Bill:
Colombia’s Bans on Single-Use Plastics
As the UN treaty on plastic pollution moves along, Latin American countries are not standing by.? On November 21, 2023, Colombia’s industry, associations, recycler, academia, and government entities met to sign a pact to reduce single use plastics within the framework of the country Law 2232/2022 – the National Pact Colombia Free of Single-Use Plastics. ?The Ministry of Environment will establish measures to progressively those plastics in the country.?
A total of 14 categories of single-use plastic products will be gradually withdrawn from the market, over a period of two to eight years, to start a reconversion to sustainable and greener alternatives.
The first products to come off the market over a two-year period will be:
- Plastic bags provided at point of sale to pack, load or transport packages and merchandise, except those that are reusable or for industrial use.
- Bags used to pack newspapers, magazines, advertising and invoices, as well as those used in laundries to pack washed clothes.
- Rolls of empty bags in commercial surfaces for packing, loading or transporting packages and goods or carrying food in bulk, except for raw animal products.
- Mixers and straws for beverages.
- Plastic holders for inflation pumps.
- Plastic holders for cotton swabs or flexible cotton-tipped swabs.
Companies need to take note of the national regulations in the markets where they do business.? International precedents like the emerging UN treaty on plastics are definitely drivers for the action, but countries can step ahead of the curve – as Colombia has done here.
Peru’s Draft Packaging Regulation
In addition to the recent publication of its draft “National Circular Economy Roadmap 2030” (Resolution 351-2023-MINAM), Peru has posted for public comment a draft regulation requiring mandatory Extended Producer Responsibility (EPR) for packaging and its waste.? The new obligations would apply to:
a)????? Any person or company who participates as producer of packaged consumer product, manufacturer or importer of packing and packaging, distributor and merchant of packaged consumer goods, as well as generator, solid waste operators, and organizations of recyclers
b)???? Economic activities that in their processes use materials that come From wastes as secondary raw material, and
c)????? Packing and packaging placed on the national market, as well as the wastes they generate.
The draft regulation would not apply to containers and packaging that are hazardous waste, used for drugs and medicines, or flexible packaging. ?
The draft follows familiar patterns of similar EPR rules in the region: requiring producer management plants, setting collection and recycling targets, etc. The extremely short 10 -day comment period has now expired.? There is no specific deadline for the government to publish the final version.
Link to Draft:
Mandatory EPR for Solar Panels
Chile has opened a process to receive public input on its plan to add photovoltaic panels in the proposed decree that will set EPR obligations for WEEE and batteries.? Comments may be submitted until February 1, 2024.
Link to Resolution:
Brazil Regulating HCFCs
Brazil’s Ministry of the Environment continues its work to regulate HCFCs.? Phase III of its Brazilian Program to Eliminate HCFCs is now open for public comment until December 30, 2023.? The focus of this phase is on the refrigeration and air conditioning service sector.? All of this work is part of Brazil’s commitments under the Kigali Amendment to the Montreal Protocol.
Link to Proposal:
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In the face of global challenges, your dedication to spreading awareness about sustainability and environmental stewardship is truly commendable ????. As Jane Goodall once said - What you do makes a difference, and you have to decide what kind of difference you want to make. Continue inspiring others with your invaluable insights. Keep up the great work! #ChangeMakers #Sustainability #inspirationalquotes
Global Sustainable Transformation | Environmental Innovation Services | Circular Resource Systems
11 个月Amazing regulatory progress in Latin America and great summary Mel! ??? Thanks alot! Tips, sign up for Mel’s newsletter! Jaime M. Camalich Vivek Voora Gina Aspelin Hedbring Rebecca Larson Lidia Partheni Mathias Gustavsson Anders Hjort Staffan Filipsson
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Writer: Environment, Politics and Sustainability
11 个月The headline is a mouthful, but the things I learned beneath it made the chewing well worth it.