The Scope of EPR throughout Latin America

Latin America is not one to be overlooked when complying with EPR, as the regulations are vast and, in some cases, come with harsh penalties for non-compliance. This blog will explore the countries in Latin America with the most developed EPR, namely, Uruguay, Chile, Argentina, Colombia, Brazil and Mexico. While this blog focuses on EPR for packaging specifically, many of these countries have EPR for WEEE, batteries and even textiles.

Uruguay:

EPR in Uruguay is enforced through the Packaging Recycling Law No.17849. This regulation entered into force in stages between 2004 and 2007. Further resolutions were made and added to the law in 2021.

In Uruguay, there are mandatory registrations for producers through the National Directorate of the Environment. If producers are not registered, they will not be allowed to manufacture or import packaged products or distribute within Uruguay. Registered organisations must then submit annual statements by the 30th of March each year, which will include information on the quantity and type of packaged and marketed products broken down by type of packaging. Producers must also create management plans that outline objectives, targets and deadlines for reduction and recycling.

Although Uruguay have developed reporting for EPR, Chile has gone one step further to identify specific product categories to target waste groups which contribute the most to pollution in Chile. These product groups have been informed by research to ensure that those with the most prevalent environmental impact are being prioritised.

Chile:

EPR in Chile separates products into 6 priority product groups. Namely, these are tyres, containers and packaging, lubrication oils, WEEE and batteries. In the most recent news, Chile is working on developing and implementing a full EPR process for textile waste. In Latin America, this will be the most developed EPR for textiles to date.

In Chile, producers of packaging are considered those who first introduce packaging or packaged goods onto the market. These producers will be obligated to register on the Pollution Emissions and Transfer Register and report annually on the types of packaging and quantities placed on the market. All packaging must be assigned to a management system, or it will be prohibited from sale on the Chilean market. The EPR regulations also come with eco-modulated fees for the types of packaging placed on the market.

Chile has one of the most developed EPR systems in Latin America, and is modelled similarly on EPR systems we are familiar with in Europe, whilst also taking into consideration waste pickers, which are well-established ways of income in South America, and upholds their importance. Chile acts as a guide for countries such as Argentina to follow its lead.

Argentina:

Argentina is still developing its EPR regulations, and we can hope to see continual developments. The current regulation covers minimum budgets for the management of post-consumer packaging. This regulation encourages the placing on the market of more reusable or recyclable packaging in place of less environmentally friendly alternatives. There is also a requirement for organisations to register with a management system and comply with it. This regulation also outlines details surrounding targets that the state is aiming to reach nationally in terms of recyclability.

There have been very few updates on this regulation or any others relating to EPR in Argentina. But, as always, the state of EPR globally is always evolving, and we can hope to see some progression soon.

Colombia:

Colombia’s EPR regulation covers primary, secondary and single-use packaging. This involves the reporting of weights and types of packaging placed on the market. Producers under this regulation cover those that manufacture in Colombian territory, and those who import into Colombia. It will also apply to any owners of trademarks displayed on the packaging. There are requirements in Colombia for companies to take back a minimum percentage of their waste, which gradually increases on an annual basis. Environmental management plans must be submitted to the regulatory body on an annual basis. In Colombia, there are also further regulations for single-use plastics in packaging.

Brazil:

Brazil operates EPR as a reverse logistics system, which is organised through smaller Reverse Logistics Organisations that oversee different sectors of packaging. Organisations will have to register with every organisation which applies to their packaging to be compliant. The National Solid Waste Regulation includes the polluter pays principle and requires that obligated producers attain the correct certifications from compliance schemes that ensure recycling obligations are being met and submit these to the relevant authority to assure legal trading and maintain their license to business in Brazil.

On top of the general EPR regulations, the states within Brazil have individual regulations, especially in the area of single-use plastics and plastic bags. Some states, such as Sao

Paolo, also operate their own reverse logistics system regulations, which control the issuing of environmental permits for operation in Sao Paolo.

Similar to Brazil, Mexico also have state-specific regulations, but for Mexico, this also includes the implementation of the national EPR law too.

Mexico:

Mexico’s EPR operates through the LGPGIR regulation, but requires each of the states in Mexico to release their own requirements for EPR, and the governing of compliance is monitored by individual states. This means that if a business is trading in Mexico, they must ensure that they are compliant in all the states in which they operate or trade.

In each state, there can be different requirements and the inclusion of different forms of packaging. Individual waste management systems can be set up by states; however, not all states have implemented this.

Some Mexican states have only gone as far as banning single-use plastics in packaging, whereas others, such as Quintana Roo, have a waste management system which requires companies to report and log an EPR plan annually and has laid out requirements for specific priority products, which include but are not limited to, containers and packaging.

This blog aims to highlight the nuances in EPR regulations across Latin America, from state-specific enforcement in Mexico to simpler packaging recycling laws in Uruguay. The laws in Latin America are highly distinct from one another, and much simplified through this blog. We understand that navigating obligations and compliance can be complex. Latin America is evolving within its EPR, and regulations are announced and adapted often; we understand that staying afloat in EPR updates can be challenging. At Ecoveritas, we keep track of and interpret EPR regulations across the globe, including the ones focused on in this blog. Whether that be plastics, packaging, textiles or electricals and batteries, we monitor and understand how and where your business may be obligated.

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