New National Decree regulating the take-back system of electronics – Trench Rossi Watanabe
The Federal Government published Decree No. 10,240/2020 in the Official Gazette last Thursday (February 13, 2020). The Decree regulates the take-back system on electronics nationwide. The new rule is aligned with the Sector Agreement for the take-back of electronics signed by the Ministry of Environment and some companies in the sector in October 2019. The Decree came into force immediately after its publication.
The take-back system provided for in the Decree must be structured by manufacturers, importers, distributors and traders of electronic products and their components and accessories, exclusively for domestic use, thus excluding corporate (B2B) and home care products. Note that the Decree does not apply to batteries or light bulbs, since these products already have their own take-back system.
Annex I of the Decree lists the products subject to the take-back system. The list includes a great variety of products, such as portable goods, white goods (stoves, fridges, etc.) and telephones. The list will be updated periodically, with updates available on the Solid Waste Management National System (SINIR) website.
Producers and importers must:
a) provide the environmental appropriate destination, preferably recycling, to 100% of the products in the system;
b) inform the Performance Monitoring Group (GAP) of the criteria used to calculate the total weight of electronic goods sold in the market and to which the Decree applies, adopting 2018 as the base-year;
c) participate on the execution of communication and informal environmental education plans, aimed at informing consumers about the implementation of the system;
d) make available to the competent environment authorities reports that evidence compliance with the responsibilities provided for in the Decree.
Distributors and traders, on the other hand, must:
a) make available collection points in order to receive the waste from consumers;
b) receive and temporarily store electronic waste delivered by consumers;
c) make information available to the environment authorities when requested.
Implementation of the take-back system will meet the following deadlines:
Phase 1: the system must be structured by December 31, 2020, by which the companies will adhere to the managing entity or present individual plans for the operation of the take-back system.
Phase 2: will start on January 1, 2021, with the qualification of service providers who will act in the system, in addition to the preparation of communication and environmental education plans to inform consumers about the implementation of the system and the installation of collection points by traders.
The Decree also establishes goals for the take-back of these products, in relation to the quantity of products manufactured and imported in 2018 as the base-year, in addition to the number of municipalities in which the system will operate:
2021- 1% (24 municipalities)
2022 – 2% (68 municipalities)
2023 – 6% (186 municipalities)
2024 – 12% (294 municipalities)
2025 – 17% (400 municipalities)
Finally, the transport of electronic waste destined for the take-back system will not be considered hazardous, which will make the operation of the system much easier. Our environment team is available for further clarification on the matter.