New standard on the inclusion of conditions in the environmental licensing for activities subject to take-back requirements of packaging in Rio de Janeiro

In brief

On 21 September 2022, the State Environmental Institute of Rio de Janeiro (INEA) published Institutional Standard No. NOI-INEA-19.R-0, establishing the procedure for analysis and inclusion of conditions in the environmental licensing of activities and enterprises subject to the submission of the Environmental Declaratory Act (ADE) and the Targets and Investments Plan (PMIn) established by the reverse logistics system for packaging and packaging waste.

More details

Standard No. NOI-INEA-19.R-0 aims to institute the procedure for the analysis and inclusion of conditioning factors in environmental licensing, in the phase of issuing or renewal of the operation license, of enterprises that must present the ADE and the PMIn.

The ADE and the PMIn were instituted by State Law No. 8.151/2019 and SEAS Resolution No. 13/2019. The ADE refers to the companies’ (packaging manufacturers, packagers and importers of products sold in packaging) annual declaration regarding the quantity of packaging placed in the state of Rio de Janeiro market and the percentage effectively sent to the recycling industries. On the other hand, the PMIn refers to the forecast of resources to be invested by companies (manufacturers, traders and importers of packages or packaged products) in actions for the operationalization of reverse logistics in the state.

Standard No. NOI-INEA-19.R-0 is directed at manufacturers, packagers, importers or other parties responsible for the import, distribution or commercialization of packaging in the state of Rio de Janeiro. Also, it establishes a set of general responsibilities to INEA’s units for implementing the procedure for the inclusion of the conditioning.

“Manufacturers” are understood as: (i) those who produce packaging of any material; and (ii) the trademark holders of the respective products and/or those who on their behalf carry out the products’ filling, assembly or manufacturing.

Thus, for those subject to the delivery of the ADE and the PMIn, the inclusion of a specific condition in the operation license (at the time of renewal or issuance) for the presentation of proof of completion of these documents is foreseen.

The period to submit, by system, the ADE and the PMIn in relation to the year 2021 will be until 4 October 2022, as extended by SEAS Resolution No. 127/2022.

Our Environment, Climate Change and Sustainability Team is available to provide further clarification on the subject.