Draft that establishes goals and obligations for lubricating oils is published

On December 3, 2020, an excerpt from Exempt Resolution No. 1,296 of the Ministry of the Environment was published in the Official Gazette, approving and submitting to public consultation a preliminary draft that establishes recovery and valuation goals, and related obligations for lubricant oils, in the context of Law No. 20,920 on Extended Liability of the Producer.

Regulated Priority Product: Lubricant Oil

For the purposes of the preliminary project, a lubricating oil is considered to be a “mineral or synthetic oil that performs a lubricating function, whether it is an oil for combustion engines, gearboxes, turbines, hydraulics or others that, while performing different functions, have a chemical composition similar to these”. This definition encompasses both lubricant oils that are brought into the national as a product and those contained in a vehicle or machinery.

Collection and valorization goals

The draft proposes the following collection and valuation goals, in a progressive scale over the years.

First year 50%
Second Year 55%
Third Year 60%
Fourth Year 65%
Fifth Year 70%
Sixth Year 75%
Seventh Year 80%
Eighth Year 84%
Ninth year 87%
From year ten onwards 90%

Associated obligations

Among the additional obligations proposed to comply with the indicated goals are the following:

  • Management systems must publicly inform their fees and who their associates are.
  • Marketers of lubricant oils must receive the lubricating oil residues from their clients, starting on January 1st of the third calendar year as of the decree’s entry into force.
  • Management Systems must withdraw the lubricant oil residues from the oil marketers that request it, starting from the third year after the decree comes into force.
  • Lubricant oil producers must incorporate a label on their containers indicating the correct way to handle lubricant oil waste and the environmental and legal consequences of not doing so within three years of the publication of the decree.

Public Consultation

Any person or legal entity may pose observations on the preliminary draft, within 30 business days (i.e., until January 19, 2021). The draft published in the Official Gazette can be found here