President of the Republic submits indications to Bill that modifies law N°21.100, which prohibits the delivery and sale of certain plastic products

On May 25, 2019, the Bill that modifies Law No. 21,100 (which prohibits the delivery of plastic shopping bags throughout the national territory) in order to prohibit the delivery and sale of other plastic products (Bulletin 12641-12), submitted before the National Congress for its legislative processing. On November 17, 2020, the President of the Republic formulated indications to this Bill, consisting mainly in:

Terms or Definitions

The definitions of “returnable bottle” and “supermarket” are added, imposing the obligation of returnability on supermarkets.

Granting of certificates, labels or tags

The granting of certificates, labels or tags to legal and natural persons corresponds to the Ministry of the Environment, according to the regulations and article 48 ter of Law 19.300. In this respect, the President presented two relevant indications:

  • Amendment of Article 48 ter of Law 19.300, establishing that:
    • The granting of certificates, labels or tags will not only be applicable to those voluntarily requested, but also for those compulsorily required.
    • Certificate’s applicant must attach a favorable report of compliance with the requirements of the regulations certificates, labels or tags, issued by the corresponding entity authorized by the Superintendence of the Environment (“SMA”).
  • Amends article 3 of Law No. 20.417, organic law of the Superintendence of the Environment, adding as an attribution and function that the Superintendence the administration of a mechanism of evaluation and verification of compliance with respect to sustainability criteria and contribution to the protection of the environmental heritage, in accordance with the provisions of the aforementioned Article 48 ter.

Validity of the prohibitions and obligations

The indication proposes the prohibition of single-use bulbs to enter into force 6 months after the publication of the corresponding regulations, not from the publication of the law.

It also proposes the obligation of returnability applicable to supermarkets to enter into force 6 as of the publication of the law.

Plastic percentage in disposable bottles

The Project proposes to require disposable plastic bottles to be composed of a percentage of plastic that has been collected and recycled within the country, in the proportions determined by the regulations, which will be, according to the President’s proposal, 70% by 2060.