In more detail
The decree excludes from its scope the plastic packaging of products already regulated by specific rules, such as electronics (Decree No. 10,240/2020) and medicines (Decree No. 10,388/2020), as well as packaging covered by their own reverse logistics systems for pesticides, lubricating oils and their waste. Mixed packaging containing paper or cardboard in its composition and some food packaging are also excluded from the obligations set out in the decree. These segments remain subject to their own regulations.
The text presents relevant operational definitions, such as "comparable plastic product", "plastic packaging manufacturer" and "recovery index". In addition, the decree differentiates obligations between "packaging manufacturers" and "manufacturers of products marketed in packaging", which requires specific attention when structuring compliance systems.
Phases are established for the implementation of the system, with targets already set for 2026. The recovery targets by region start at 32% for the first year. These targets include minimum percentages for packaging recovery, which must be proven by means of approved systems. There is provision for minimum targets at both national and regional level.
There are specific obligations relating to returnable packaging. Although it establishes that such packaging must be subject to proof of effective return to the production chain, the text does not clearly specify which agents in the chain are subject to the requirements—whether manufacturers, retailers, distributors or others. The decree also provides for recycled content targets, starting at 22% for 2026. However, there is still no specific definition of the method of accounting for this index.
The decree also stipulates that the results of reverse logistics must be made public. This includes data on the volume of packaging returned, environmental education actions and annual reports.
Finally, the annexes to the Decree complement the standard with the minimum percentages for the targets. Annex I establishes the minimum percentages for the recovery of plastic packaging placed on the market, with progressive targets until 2032. Annex II defines the minimum percentages of recycled content to be incorporated into packaging, also on a progressive basis until 2032.
For more information see: https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2025/decreto/D12688.htm
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