Mato Grosso do Sul Environmental Protection Agency updates status of 9,469 companies summoned by the Public Prosecutor’s Office to implement a reverse logistics system

Recently, Mato Grosso do Sul State Environmental Protection Agency (“IMASUL”) has published four (4) new ordinances indicating the regularity or not of many legal entities related to the implementation of reverse logistics systems for packaging in general, at the state level.

In November 2020, the Public Prosecutor’s Office of Mato Grosso do Sul summoned 9,469 companies, from various sectors, to provide proof of their compliance with obligations involving reverse logistics of packaging in general, as provided for in State Decree No. 15,340/2019, or to justify the lack of such compliance with the obligations established in the legal provision.

As a result of such previous summonses from 2020, several companies have provided proof of implementation of reverse logistics systems for packaging, or justification for the lack of such implementation. Mato Grosso do Sul Environmental Protection Agency has also applied a warning penalty to manufacturers and importers of products that allegedly had not regularized themselves in accordance with State Decree No. 15,340/2019 and that had distributed, in 2019, products that generated post-consumer packaging.

Also based on such summonses, several other companies presented statements to Mato Grosso do Sul Environmental Protection Agency and to the Public Prosecutor’s Office and, after analyzing the justifications, Mato Grosso do Sul Environmental Protection Agency presented its conclusions through the publication of the four (4) ordinances.

In summary, these ordinances regulate and provide for the situation of the summoned companies as well as for the Management Entities registered in the Reverse Logistics System for General Packaging in Mato Grosso do Sul (“SISREV/MS”). Furthermore, through the 6th Explanatory Note published by Mato Grosso do Sul Environmental Protection Agency, deadlines were established for the regularization of each company, in accordance with their particular situation.

Please find below a brief table summary of the subject matter provided for in each respective ordinance:

 

OrdinanceScope AnnexesDeadline
Ordinance IMASUL No. 921Result of the analysis of the justifications presented by companies that indicated non-compliance with the obligations involving the implementation of a reverse logistics system.Annex I: List of companies whose justifications were approved;

Annex II: List of companies whose justifications were rejected.

Between August 10, 2021 and September 23, 2021, SISREV/MS will reopen for the companies included in Annex II in order to regularize their status.
Ordinance IMASUL No. 922List of Management Entities or similar legal entities and Adhering Companies with pending issues in SISREV/MS, for the year 2019.Annex I: List of Management Entities or similar legal entities that did not present full proof of fulfillment of the targets set out in SISREV/MS or did not comply with the requirements listed in the official letter indicating pending issues.

Annex II: List of Adhering Companies that declared compliance with the targets for reverse logistics in more than one Management Entity, however, in at least one of them, did not present full proof of fulfillment of the targets or did not comply with the requirements listed in the official letter regarding pending issues.

Annex III: List of Adhering Companies that declared compliance with the targets for reverse logistics, however their respective Managing Entities did not present full proof of fulfillment of the targets or did not comply with the requirements listed in the official letter sent by IMASUL regarding pending issues.

Annex IV: List of Adhering Companies that registered in SISREV/MS but did not create reverse logistics systems and/or did not send an annual performance report for the base year of 2019.

From July 1, 2021 to July 30, 2021, SISREV/MS will reopen to enable the regularization of companies and entities listed in Annexes I to IV.

* It is important to note that this period is not applicable to new Adhering Companies, which cannot be included in already registered systems of the Management Entities or similar legal entities. Such new Adhering Companies must create and register a new system in the period between August 10, 2021 and September 23, 2021.

From August 10, 2021 to September 23, 2021, Adhering Companies listed in Annex IV can choose to exclude their registrations as Management Entities or similar legal entities and join new systems.

Ordinance IMASUL No. 923List of manufacturers and importers of products that have regularized their status in accordance with current legislation, and issuance of warning to companies listed in Annex I.Exhibit I: Manufacturers and Importers of products that did not regularize their status.From August 10, 2021 to September 23, 2021, SISREV/MS will reopen so that the companies in Annex I can regularize their status.

If applicable, from July 1, 2021 to August 8, 2021, companies can submit justifications through the website http://justificalr.imasul.ms.gov.br/, concerning non-compliance with the obligations for the implementation of a reverse logistics system in the State of Mato Grosso do Sul.

Ordinance IMASUL No. 924List of companies considered to be in compliance with the applicable legislation, having proven their observance of requirements for the targets of reverse logistics of packaging in general in the State of Mato Grosso do Sul.Exhibit I: Management Entities or similar legal entities.

Exhibit II: Adhering companies.

 

Demarest’s Environmental Law team is available to provide support with further information and for the definition of measures to be adopted on a case-by-case basis.