The Ministry of Environment and Climate Change (MMA) has opened public consultations regarding draft regulations that will govern provisions of Decree No. 12,688/2025, which established the reverse logistics system for plastic packaging within the scope of the National Solid Waste Policy (PNRS – Law No. 12,305/2010).
The proposals address two central instruments for the operationalization of the system:
(i) the Plastic Packaging Recyclability Index (IREP); and
(ii) the technical requirements and operational procedures for the management and disposal of waste resulting from the sorting of plastic packaging.
The draft regulation establishing the IREP sets forth a quantitative metric designed to assess the effective recyclability of plastic packaging, considering technical, economic, and systemic criteria, as well as the collection, sorting, and recycling infrastructure available in the country. Based on the calculated index, packaging will be classified by recyclability levels, and manufacturers and importers will be required to indicate this level on labels, along with clear consumer guidelines on proper disposal.
In turn, the draft Ordinance relating to waste regulates the procedures applicable to materials that, after sorting, do not present technical or economic viability for recycling or reuse. The regulation assigns to managing entities and companies responsible for the reverse logistics system the obligation to ensure the collection, transport, and environmentally sound final disposal of this waste, also providing for the annual reporting of information to the Ministry of the Environment (MMA), with a view to monitoring and transparency of the system.
Public consultations are available on the Brasil Participativo platform, and contributions may be submitted until February 11, 2026.
This is a relevant opportunity for economic agents, sectoral entities, and other interested parties to assess the regulatory, operational, and economic impacts of the proposals and submit technical suggestions. By way of example, we highlight the following possible regulatory impacts:
• Mandatory assessment of packaging recyclability based on the Plastic Packaging Recyclability Index (IREP), considering technical, economic, and systemic criteria;
• Adaptation of labels and packaging, including the recyclability level and consumer guidance on proper disposal;
• Review of packaging design (ecodesign), with potential impact on choices of materials, additives, inks, multilayers, and polymer combinations;
• Shared responsibility in the management of non-recyclable waste, including the costs of collection, transportation, and environmentally sound final disposal; and
• Increased reporting obligations to management entities and the Ministry of the Environment (MMA), requiring greater data control and traceability.
If you have any questions, the Environmental and Regulatory team at the Nascimento e Mourão Law Firm is available to provide further clarification and assistance. In preparing relevant contributions to public consultations, conducting regulatory impact analyses, and adapting to new regulatory requirements.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner in the Environmental, Regulatory and Biodiversity Law area.
Bruna Aveiro Santos | bruna.aveiro@nascimentomourao.adv.br
Lawyer in the Environmental, Regulatory and Biodiversity Law area.
