The Congress of the Republic unanimously approved Draft Bills 010 of 2020 and 213 of 2021 (accumulated in Draft Bill 274 of 2020), by means of which measures tending to the gradual reduction of the production and consumption of certain single-use plastics are established and other provisions are enacted (the "Draft Bill").
For this purpose, the Draft Bill establishes that "the introduction in the market, commercialization and distribution in the national territory of products that are totally or partially manufactured with single-use plastics, including those produced with oxodegradable plastics are prohibited" (To see the list of prohibited products, please review the list in article 5 of this Draft Bill).
Thus, natural or legal persons that carry out these activities will have until the entry into force of the prohibition to conduct the progressive and gradual substitution of these products through the sustainable alternatives indicated in the Draft Bill (to see the sustainable alternatives, please review numeral 2 of article 2 of the Draft Bill). In this sense, terms from two years to eight years from the entry into force of the Draft Bill will be applied.
For example, point-of-payment bags used to transport or carry packages and goods, as well as mixers and straws for beverages, will be banned within a term of two years from the effective date of this bill. On the other hand, containers, recipients and bags to contain non-prepackaged liquids for immediate consumption, as well as plates, trays, spoons, forks, glasses and eating gloves will be prohibited for a term of eight years from the effective date of this bill.
Additionally, the Draft Bill prohibits the entry and use of single-use plastics in the areas of the National Natural Parks System, moorlands, Ramsar wetlands, sensitive marine ecosystems, biosphere reserves and, in general, in the areas of the National System of Protected Areas.
It is worth mentioning that the Ministry of Environment and Sustainable Development must regulate (within 12 months from the effective date of this bill) the characteristics, requirements and certification of products that will replace single-use plastics, including those products that are marketed through digital platforms. Likewise, it must develop and implement a National Policy for the substitution of single-use plastic, which must consider the effective participation of the public and private sectors and civil society.
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