Other Regulatory News

The Norwegian Environmental Agency announced on February 3, 2022, that the duty to declare annual quantities for 2021 is postponed until May 20, 2022. This occurred because the agency is improving ...

The Norwegian Environmental Agency announced on February 3, 2022, that the duty to declare annual quantities for 2021 is postponed until May 20, 2022. This occurred because the agency is improving the Product Register – the portal for chemical declaration in Norway. 

According to the Norwegian Chemical Declaration Regulation, the duty falls on manufacturers or importers dealing with hazardous chemicals (according to CLP regulation) of 100 kg or more, biocides, chemicals containing microbiological products, explosive precursors, and substances which experienced changes to label or commercial name.

The new portal is expected to be ready by March 15-31, 2022, where the industry will be able to access the portal with the new application already functioning.

Last Update: 2022-02-14

On January 25, 2022, the Organisation for Economic Co-operation and Development (OECD) decided to open a discussion to evaluate the membership of Argentina, Brazil, Bulgaria, Croatia, Peru, and Rom...

On January 25, 2022, the Organisation for Economic Co-operation and Development (OECD) decided to open a discussion to evaluate the membership of Argentina, Brazil, Bulgaria, Croatia, Peru, and Romania in the organization. The initiative highlights the progress made by the six countries since their first respective requests for OECD membership.

Before the start of the assessment, countries must confirm the adherence of OECD's values and guidelines governed by the 60^th Anniversary Vision Statement and the Ministerial Council Statement, which all members adopt by consensus. The Secretary-General has sent letters addressed to the heads of state of those candidate countries for this purpose.

The evaluation process includes more than 20 technical committees that will examine the candidates' legislation, policy, and practices. OECD will support the countries' advancement elaborating individual roadmaps according to the reality of each nation for the best alignment with the organization's framework.

In Latin America, the OECD plays a crucial role in developing each country's chemical regulations. Chile and Colombia (recently joined the OECD) are the only countries in the region that have adopted a comprehensive chemical regulation. Mexico and Costa Rica (also OECD members) are still developing such guidelines. Argentina, Brazil, and Peru are seeking adhesion and have already started elaborating on national chemical instruments to leverage the chances of acceptance.

Check below the condition for each country.

On November 18, 2021, the Ministry of Environment approved complementary provisions to Decree 9/2019, which is the current legislative instrument for the management and handling of Waste&nbs...

On November 18, 2021, the Ministry of Environment approved complementary provisions to Decree 9/2019, which is the current legislative instrument for the management and handling of Waste from Electrical and Electronic Equipment (WEEE). Decree 35/2021 brings obligations for lighting appliances and medical/laboratory equipment to an Extended Producer Responsibility (EPR) perspective. 

Altogether, WEEE is divided into 11 categories. Each Electrical and Electronic Equipment (EEE) category is exemplified below: 

The Ministry of Environment (MINAM) established an annual progressive collection goal per year for 2020-2024 according to WEEE categories calculated as an annual manufacturing/import average, considering the last 3 years as a baseline: 

Besides the recollection goals, the regulations also impose obligations to producers, distributors, marketers, and operators. It is relevant to note that: 

• Producers (whether manufacturer, assembler, or importer) are requested to submit a Waste Management Plan for Electrical and Electronic Equipment to MINAM. Additionally, producers must prepare an annual declaration, which must be submitted through the Information System for the Management of Solid Waste (SIGERSOL). It is also expected from the producer to take, free of charge, WEEE back from end-users, regardless of whether it is from a third-party generation.  
• Distributors and marketers are required to implement collection points for take-back articles, redirect collected WEEE to waste management schemes, and educate customers about the proper handling, segregation, and delivery on collection points.  
• Operators responsible for WEEE recovery plants are in charge of collecting, transporting, and recovering (dismantling/disassembling) WEEE. The operator's annual declaration is similar to the producer's declaration, yet, more detailed in terms of treated WEEE amounts, origin and categories. 

It is recommended for target groups under imposed responsibilities to align with the aforementioned obligations, consult integrally the legislations, and if necessary, request support from an advisory team. Finally, consumers also have the duty to cooperate. They can collaborate simply by retuning WEEE to a registered collection point among the various available in Peru.  

Last Update: 2021-12-20

The United Nations Institute for Training and Research (UNITAR) hosted a webinar on November 18, 2021, aimed at promoting awareness on the management of industrial and consumer chemicals in Latin American countries. The webinar is the first of many yet to come as UNITAR develops the program in the region. 

The conference may be summarized to three main points: 

• Advocate towards the Organisation for Economic Co-operation and Development (OECD) chemical standards 
• Disclose Pollutant Release and Transfer Registers (Registro de Emisiones y Transferencias de Contaminantes, RECTs, in Spanish) 
• Promote cooperation and build capacity in the region 

This may be an ultimate opportunity for many countries in the region, as several countries are developing their national chemical regulations and have already publicly expressed their will to join OECD. It is important to remember that a crucial requirement for OECD affiliation is to present a chemical policy consistent with the organisation’s guidelines. 

In UNITAR’s perspective, the adoption of RECTs, training, and implementations of roadmaps will considerably improve the management of chemical substances and certainly increase the chances to ascend as an OECD member in the future. 

Those who were not able to attend can access the recording video. Interested parties are also advised to contact UNITAR for assistance or to acquire any future material beforehand. 

Last Update: 2021-12-20

After four years of drafting the framework, Colombia finally promulgated a robust chemical management regulation. Decree 1630, published on November 30, 2021, sets the ground for implementing a national chemical inventory. 

Decree 1630/2021 targets hazardous substances for industrial use identified by the Globally Harmonized System (GHS) of classification and labelling. The production, import, use, marketing, distribution, and transportation activities are requested to comply with the provisions.  However, substances already addressed by existing regulations, unknown/variable composition, complex reaction products/of biological materials (UVCB), impurities, articles, polymers and monomers, intermediaries, and in customs transit are exempted. 

Consequently, manufacturers or importers of chemical substances over 100 kg per annum are required to submit information to the authorities. This information include: 

• Manufacturer or importer information 

• Substance amounts manufactured or imported 
• Substance identification, including CAS number 
• Substance hazard classification in accordance with the GHS 
• Identified substance uses 

The aforementioned information will be consolidated into the national inventory of chemical substances present in Colombia. This database will be used, among other things, to identify priority substances and chemicals requiring a risk assessment.   

Overall, the new framework for industrial chemical substances is a cooperation between the Ministries of Environment, Health, Labor, and Commerce. These Ministries will work together to implement and make the national inventory operational with a 6-month deadline, additionally providing further instructions on data submission. The submission of information to the national inventory becomes mandatory within three years from the publication of such guidelines. 

See Decree 1630 (in Spanish) 

Last update: 2021-12-17

In September, Chile reaffirmed commitments with the Latin American Regulatory Cooperation Forum (LARCF), an association promoting dialogue and information exchange, training initiatives, and regulatory cooperation through national chemical associations. At a recent meeting, the Chilean authorities demonstrated how the forthcoming notification platform would perform.  

Authorities intend to gradually submit the system to new usability tests; therefore, other testing and showcase sessions will take place until December 2022. Currently, the system can record new substance notifications, including:  

• If the substance is produced or imported  
• Substance information (official and common names, CAS number)  
• Substance hazard class and hazard category  
• Type of use, sector, and product category  
• Imported/manufactured quantity  
• Substance SDS uploads  

The substance notification was created under the new chemical management regulation (Decree 57), published in February 2021. The first notification window is scheduled between February 2024 and August 30, 2024, indicating that non-industrial substances notified after the initial notification period will be handled as “new substances”. Accordingly, an official national chemical inventory will be published by December 31, 2024.  

In Chile, manufacturers and importers shall submit updated information (e.g., tonnage bands) every two years through the notification portal as part of the notification system. In addition, certain substances are required to undergo risk assessment, although the substance list and assessment criteria have until June 30, 2022, to be published. 

 On August 23, 2021, Chile published the official list for the classification of chemical substances through Resolution 777. The list, commonly referred to as “Official List of Substances Classification”, is based on the GHS 7th version.  

Manufacturers exporting chemicals to Chile are recommended to follow up the latest regulatory obligations and start preparing. 

Last update: 2021-11-05

Circular Economy has been on the rise, and debates about its adoption, key elements, benchmarks, and range of application are prevailing than ever before. In November 2021, the Organisation&...

Circular Economy has been on the rise, and debates about its adoption, key elements, benchmarks, and range of application are prevailing than ever before. In November 2021, the Organisation for Economic Co-operation and Development (OECD) published a paper focusing on Circular Economy Labels and Information Schemes (CELIS). 

The document provides an overview of labels, certifications, and standards that address circular economy aspects, assesses the drivers and barriers preventing the leverage of such communication elements, and identifies circular economy components that can be best applied to the disclosure landscape. 

In respect to these objectives, the paper points that: 

• Information asymmetry or scarcity negatively impact resource efficiency and circularity, leading to inefficient decision-making along the supply and value chains; 

• Although there was an increase in environmental labeling and information schemes, studies have prioritized consumer-oriented labels while setting information disclosure business-to-business aside. Confidential business information and intellectual property rights are pointed as barriers for the information system uptake; 
• Governments are key to enhancing and improving circular economy communication elements, for example, facilitating methodological advancements to support criteria integration (product lifespan, durability, reparability, etc.), developing an information system through regulatory information disclosure requirements, and supporting the harmonization of information systems and metrics; 

Ultimately, CELIS can play an important role in enhancing and improving circular economy activities. The paper is available in the OECD library.  

Last Update: 2021-11-30