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Superintendence of the Environment - General Instruction on Data Traceability, Monthly Reports, and Content of Compliance Reports under the REP Law

On December 27, 2023, Resolution No. 2084/2023 of the SMA, which issues general instructions on data traceability, monthly reports, and the content of compliance reports established in Law No. 20.920, was published in the Official Gazette. This law establishes a framework for waste management, extended producer responsibility, and promotion of recycling, known as the 'REP Law.'

The objective of the instruction is to regulate the recording of data associated with extended producer responsibility to satisfy the traceability principle, guide regulated entities in collecting necessary data to demonstrate compliance with their obligations, establish monthly reports, and define the content of compliance reports.

The key regulated aspects include:

  1. A. Establishment of the Extended Producer Responsibility Reporting System: This system will contain a public registry of enabled management systems. In the case of collective management systems, it will indicate the producers that compose it and other relevant data. While the system will come into effect on January 1, 2025, the SMA will inform about its enablement for testing and improvements.
  2. B. Digital Records: Producers of priority products subject to waste collection and recovery targets must maintain a digital record of all their priority products on their premises, as well as their commercial operations that count as the introduction of priority products to the national market.
  3. C. Monthly Reporting: Management systems must report through the Extended Producer Responsibility Reporting System the consolidated results of the introduction of priority products to the national market.
  4. D. Record of Actions to Meet the Target: Management systems, industrial consumers, and handlers must maintain a digital record of waste management operations on their premises.
  5. E. Monthly Report on Waste Management Operations: Management systems and industrial consumers must report to the SMA the consolidated results of the waste management operations carried out to meet the collection and recovery target.
  6. F. Compliance Report: Based on the monthly reports, a compliance report proposal will be generated in the Extended Producer Responsibility Reporting System for submission to the Ministry of the Environment. It will contain consolidated data for the reported period, segregated by categories and subcategories of priority products, and the waste management operations associated with each.
  7. G. Archiving Duty: Those obligated to maintain digital records must retain supporting documentation for the data entered for a period of six years.
  8. H. Effective Date: The resolution will come into effect on January 1, 2025. However, from the publication in the Official Gazette, management systems must submit, along with the final compliance report filed in the Ministry of the Environment's Emissions and Transfers of Pollutants Registry, an annex with consolidated data on priority products introduced to the national market and waste management operations.

For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl.

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