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Decree that sets goals and obligations to plastic containers and packaging in Chile is publised

March 16, 2021

On March 16, 2021, Supreme Decree No. 12/2020 of the Ministry of the Environment was published in the Official Gazzette, setting forth collection and recovery goals and other associated obligations related to containers and packaging, in the context of Law 20,920, on Extended Producer Responsibility.

Regulated containers and packaging

For the purposes of this decree, containers and packaging will be those products made of any material and of any nature that are used to contain, protect, manipulate, facilitate delivery, store, preserve, transport or to improve the presentation of the goods, as well as the auxiliary elements integrated or attached to them, when they fulfill the function of informing the consumer or any of the of the aforementioned functions.

Collection and recovery goals

The decree establishes the collection and recovery goals that must be met by the producers, on a progressive scale per year, distinguishing two categories of containers and packaging:

Domiciliary containers and packaging

Collection and recovery goals
Years 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th+
Paperboards for Liquid 5% 8% 11% 15% 19% 23% 27% 31% 36% 40% 50% 60%
Metal 6% 9% 12% 15% 17% 21% 25% 29% 32% 36% 45% 55%
Paper and paperboard 5% 9% 14% 18% 23% 28% 34% 39% 45% 50% 60% 70%
Plastics 3% 6% 8% 11% 14% 17% 20% 23% 27% 30% 37% 45%
Glass 11% 15% 19% 22% 26% 31% 37% 42% 47% 52% 58% 65%

Non domiciliary containers and packaging

Collection and recovery goals
Years 1st 2nd 3rd 4th 5th 6th 7th 8th 9th+
Metal 23% 32% 42% 51% 61% 64% 66% 68% 70%
Paper and paperboard 48% 54% 60% 65% 71% 74% 78% 81% 85%
Plastics 13% 19% 25% 32% 38% 42% 46% 51% 55%

Related obligations

Furthermore, the Decree N° 12/2020 establishes additional obligations for the producers of containers and packaging to fulfill the indicated goals, including:

  1. Obligation to provide information regarding the rates of the management system and the producers that integrate the system.
  2. Obligation to install and operate waste reception and storage facilities. The number of facilities per borough will be determined according to its inhabitants, having at least one facility for boroughs with up to 40,000 inhabitants, adding an additional facility for each 80,000 inhabitants in excess of 40,000.
  3. Obligation of selective collection of household waste.

Fulfillment of goals and obligations

The producers of containers and packaging must comply with the goals and their related obligations through the management systems included in the EPR Law, both individually and collectively, which must provide a guarantee to ensure its compliance.

Inspection and sanction

Compliance with the provisions of Decree No. 12/2020 is overseen by the Superintendence of the Environment, which is entitled to impose sanctions of up to 10,000 UTA (USD 8 million approx.) per year.

Validity

This decree is effective as of the date of its publication in the Official Gazette, with the exception of Titles III, which refers to the collection and recovery goals for containers and packaging waste, and IV, referred to additional obligations, which will become enforceable 30 months from the publication of this decree.



AUTHORS: Rafael Vergara, Julio Recordon , Manuel José Barros.