The Brazilian Ministry of the Environment (“MMA”) establishes the criteria for the accreditation of entities that manage reverse logistics for general packaging
Ordinance No. 1102, which was published on July 15th, 2024, determines that such reverse logistics management entities must register with the Brazilian Ministry of the Environment and Climate Change (“MMA”). The MMA will analyze the documents submitted and determine whether it will approve them. The accreditation will be valid for three years and can be renewed.
The criteria for the accreditation of the management entity include, among other aspects:
(i) having a valid legal document such as a sectorial agreement or a term of commitment that allows the entity to carry out the activity in a collective model;
(ii) operating at a national level;
(iii) having a qualified technical manager;
(iv) having the technical and operational capacity to structure, implement and operate the reverse logistics system for products and packaging in a collective model;
(v) submitting a declaration acknowledging the legal requirement to prove the traceability of electronic invoices, confirm the effective return of the declared weight in recyclable materials to the manufacturer or recycler, and deliver an annual audit report; and
(vi) using an electronic information system equipped with technology to capture anonymized information from the business sector.
The obligations of the management entities encompass encouraging manufacturers to adhere and to progressively increase the amount of waste reinserted into their chains of production, as well as encouraging networks that collect, transport, sort, recycle and/or treat waste and packaging subject to reverse logistics. In addition, an annual report must be submitted with the consolidated information and data for the period between January 1st and December 31st of the year prior to the submission in order to verify compliance with the reverse logistics actions and targets.
Arising liability issues will be investigated through an administrative proceeding and may result in the cancellation or temporary suspension of the accreditation, or in a warning from the managing entity.
The Environmental & Sustainability team at Souto Correa is available to provide more information and clarifications on the matter.