On December 22, 2022, the Federal Government published in the Official Gazette Federal Decree No. 11,300/2022, which established the take-back requirements system for glass packaging. In summary, the Decree aims to regulate provisions foreseen by the National Policy for Solid Waste to address rules and procedures on take-back requirements for glass packaging.
After almost two years elapsed since the Public Consultation on the regulation of take-back requirements for glass packaging – opened on January 04, 2021 – the definitive version of the Decree was published.
Federal Decree No. 11,300/2022, thus, became the first official publication that went into force containing the rules and targets for the regulation of take-back requirements of packaging by type of material: in this case, glass.
The recently published Decree, as it appears to be the orientation and proposal of the current Federal Government, shows similarity in form and content to the regulation proposals that went to Public Consultation regarding take-back requirements for plastic, paper/paperboard and metal packaging, closed this year.
In general, Federal Decree No. 11,300/2022 foresees two phases for the implementation of the obligations on take-back requirements for glass packaging:
- Phase 1 (already in effect and that will last 180 days) will consist of (i) installing the Performance Monitoring Group (GAP), (ii) manufacturers and importers joining the management entity (or presenting their individual model to the GAP), (iii) traders and distributors joining the management entity (or presenting its individual system), (iv) developing of financial mechanisms to ensure economic sustainability in structuring the implementation and operationalization of the system, (v) preparing communication and environmental education plans, (vi) drafting the Basic Operational Manual and Operational Plan by the companies, and finally, (vii) structuring a mechanism that allows necessary data to be reported and monitored by the government through SINIR.
- Phase 2 (which will begin right after Phase 1 finishes) deals with the execution of the take-back requirements activities. It will consist of (i) installing reception and consolidation points, (ii) signing a legal instrument between cooperatives/associations and companies/managing entities, for services, (iii) guaranteeing the environmentally final destination of waste, considering the decree’s goals, (iv) executing the communication and environmental education plans, and (v) monitoring and evaluating the system.
The Federal Decree’s text establishes specific regional and national minimum targets for recycling disposable glass packaging placed on the domestic market. Manufacturers, importers, traders and distributors of glass and glass packaging must comply with the specified targets, which are aligned with PLANARES — Federal Decree No. 11,043/2022.
The established targets for 2023, already in force, for example, are: North (2.64%), Northeast (4.39%), Midwest (4.39%), Southeast (10.55%) and South (5.27%). Together the regional targets sum the recycling national amount of 27.25% of glass packaging placed on the national market.
Moreover, the Federal Decree also foresees national and annual goals for the use of recycled content in packaging: that is, the proportion, in percentage, of the mass of recycled raw material that should be used in the manufacturing of the packaging related to the total mass of the packaging. For 2023, the national target of 26% is foreseen for glass packages introduced in the domestic market.
Finally, Federal Decree No. 11,300/2022 formalizes and puts into force the institution of the black box system, which will allow the capture of information, in an anonymous way, from the business sector, and the obtaining, in a confidential and secure way, of the quantity of product masses or glass packaging made available in the market and returned to the productive sector.