Resolution No. 1342, dated December 24, 2020, modified the regulation applicable to the management of containers and packaging. Said modifications are related with: (i) the scope of the applicable regulation; (ii) deadlines for submitting logistic plans and the progress reports before the environmental authority;(iii) the methodology to evaluate compliance; (iv) certificates of efficiency and returnability; and (v) final consumer obligations.

Modificación de la norma a la gestión de envases y empaques

By means of Resolution 1342 dated December 24, 2020, the Ministry of Environment and Sustainable Development “Ministerio de Ambiente y Desarrollo Sostenible” (“MADS”) modified Resolution 1407 of 2018 (reverse logistics plans and systems for the management of containers and packaging). 

Resolution 1342 of 2020 modified the scope of the reverse logistic plans and systems for the management of containers and packaging. Said resolution excluded containers and packaging that correspond to: (i) hazardous wastes; (ii) word and natural fibers, different from paper and cardboard; (iii) drugs and medicines. 

New definitions were introduced in the Resolution 1407 of 2018, such as: (i) recovery of packaging and containers and waste; (ii) packaging of different materials; (iii) returnable packaging; and (iv) recycling. 

Additionally, Resolution 1342 of 2020 extended the term for submitting, before the National Authority of Environmental Licenses (Autoridad Nacional de Licencias Ambientales) (“ANLA”), the packaging reverse logistic plans and the progress reports. 

  • The producers established before December 31, 2018 must submit their packaging reverse logistic plan before January 31, 2021. 
  • The producers established after January 01, 2019 must submit their packaging reverse logistic plan before December 31 of the year after the first fiscal year. 

The progress reports must be submit before the environmental authority according to the following terms:

Term to report

Month for submitting the report 

Number in the 4thposition of the docket number of the logistics plan for the management of containers and packaging.

From January 1 to December 31 of the previous year. 

March

1-5

April

6-0

 

The producers that filled a pilot plan before the ANLA before December 31, 2019, must submit the progress report before March 31, 2020. 

Resolution 1342 of 2020 included new obligations for the companies that transform waste to use it as raw material or products. As of 2021, said companies must be registered before the regional or urban environmental authority. Additionally,  as of 2022 said companies must inform to the regional or urban environmental authority all the modifications to the reverse logistic systems. 

Resolution 1342 of 2020 also established the terms of the certificates of efficiency and returnability.

Finally, Resolution 1342 of 2020 extended the definition of final consumer and established the following obligations: (i) accurately classify containers and packaging waste; and (ii) deliver containers and packaging waste in the collection points established by the reverse logistic systems. 
 

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