According to § 3 of Article 1 of the Decree, the importation of waste for purposes other than the transformation of materials and strategic minerals in industrial processes is prohibited, as established in Article 49, caput and § 1, of Law No. 12.305/2010.
Article 3, in turn, authorizes the importation of the types of waste listed in the Annex to this Decree, such as:
– “Other poly(ethylene terephthalate) – NCM 3907.69.00”;
– “Waste, parings and scrap of unvulcanized rubber, even reduced to powder or granules – NCM 4004.00.00”;
– “Vulcanized rubber (for example, ebonite) in all forms, including waste and scrap; articles of vulcanized rubber – NCM 4017.00.00”.
The Annex to this Decree may be revised (to include or remove NCM codes), through proposals jointly made by the Ministry of Development, Industry, Trade and Services (MDIC) and the Ministry of the Environment (MMA), based on the following criteria:
I – Economic viability and competitiveness of the transformation industry using waste as input in its production processes;
II – Availability of the waste as industrial input in the domestic market;
III – Recyclability and actual demand for the waste by national industry;
IV – Impact of the importation on the activities of cooperatives, associations and other grassroots organizations of recyclable and reusable materials collectors;
V – Potential environmental impacts; and
VI – Degree of purity of the waste.
The Environmental, Regulatory and Biodiversity team at Nascimento e Mourão is closely monitoring this regulatory agenda and is available for any questions or specialized legal support on the topic.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner – Environmental and Regulatory Law Practice.
