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1040

Chile

Extended Producer Responsibility

Introduction

On June 1, Act 20,902 was published in the Official Gazette, which establishes the framework for Waste Management, Extended Producer Responsibility and Recycling Encouragement.  This law introduces a new environmental management tool called Extended Producer Responsibility (EPR).

Obligations

The manufacturers of certain priority products are obligated by this law to organize and fund the management of waste produced by the goods that they place on the market.

 

The law states that the following priority products are subject to this system:

 

– Lubricant oils
– Electrical and electronic devices
– Batteries of any type
– Containers and packages
– Tires

 

The law imposes the following obligations upon producers, among others:

 

– They must register in a public record of entrepreneurs and/or manufacturers.

– They must organize and finance the collection and treatment of products through a management system.

– They must ensure that the waste is treated by authorized persons.

– They must comply with the collection and valuation goals for these products.

 

In order to enforce this obligation, the Ministry of the Environment must set goals for each product, which will be done in an administrative procedure in which the regulated sector will participate through a public consultation.  This administrative procedure will gather technical information and the goals set may be appealed to the Environmental Court. For that reason, the participation of regulated companies is highly recommendable as of this moment.

Transitional Articles

The transitional articles of this law stipulate that the Ministry of the Environment may request the following information from producers of priority products until the goals are set for each product:

 

– The number of priority products sold in the country in the previous year.

– The collection, valuation and disposal activities in the same period and their cost.

– A statement as to whether management of sales and valuation is individual or collective.

Oversight

The Environmental Commission will oversee this subject and may impose fines as high as 10,000 Annual Tax Units.

Contact

Please contact Rodrigo Benitez at rbenitez@jdf.cl should you require further information on this subject.