Brazil: Minas Gerais government regulates take-back requirement systems in the state

15 Mar 2024    2 minute read

In brief

On 9 February 2024, the Minas Gerais State Secretariat for the Environment and Sustainable Development (SEMAD in Portuguese) published Copam Normative Decision No. 249/2024, which defined the guidelines for implementing, operating and monitoring the take-back requirement systems in the state.

Contents

More details

By establishing guidelines for operationalizing take-back systems, Copam Normative Decision No. 249/2024 made it mandatory for manufacturers, importers, distributors and traders to structure and implement take-back obligations for the products it specifies in the state of Minas Gerais.

The new regulation foresees take-back systems for the following products: (i) Household electronics and their packaging; (ii) Batteries; (iii) Automotive lead-acid batteries; (iv) Fluorescent, sodium vapor, mercury vapor and mixed light bulbs; (v) Lubricating oil packaging; (vi) Packaging in general; (vii) Household medicines for human use and their packaging; and (viii) Waste tires.

The obligations are aimed at manufacturers, importers, distributors and traders - whether or not they are based in the state - who must demonstrate that they have met the goals related to the take-back systems specified above. The obligations are imposed regardless the agents are subject or not to environmental licensing. The rules also apply to e-commerce traders.

The planned targets are similar to those set out in the National Solid Waste Plan (PLANARES in Portuguese), approved by Federal Decree No. 11,043/2022. For example, the take-back targets for general packaging to be fulfilled by 2025 are 31.25%.

All agents subject to take-back obligations in the state must register the take-back plans to which they are aligned to, whether in the individual or collective model, before 30 December 2024.

The first report demonstrating compliance with the targets and waste recovery must be submitted by 31 July 2026 and will refer to the products and packaging placed on the market in the base year of 2024, whose environmentally appropriate final disposal must take place in 2025.

Copam Normative Deliberation No. 249/2024 has already incorporated specific concepts from federal regulations, such as the new take-back credits for packaging in general (CCRLR, CERE and Future Mass Credit Certificate in Portuguese) - which can be traded between agents and used to demonstrate compliance with the targets imposed - and the determination for greater participation and inclusion of cooperatives, associations and waste collectors organizations in the take-back systems.

Unlike the model adopted in other Brazilian states, the regulation does not foresee a specific provision establishing the need to comply with take-back targets as a condition for issuing or renewing environmental permits.

Our Environment, Climate Change and Sustainability team has extensive experience in the subject and is available to discuss the impacts of the new regulation on companies' day-to-day operations.

* * * * *

LOGO_TrenchRossiWatanabe_Brazil

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Contact Information
Renata Amaral
Partner
Trench Rossi Watanabe, Sao Paulo
Read my Bio
renata.amaral@trenchrossi.com
Giovani Tomasoni
Partner
Trench Rossi Watanabe, Sao Paulo
Read my Bio
giovani.tomasoni@trenchrossi.com
Manuela Demarche
Associate
Trench Rossi Watanabe, Sao Paulo
Read my Bio
manuela.demarche@trenchrossi.com

Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.