The Ministry of the Environment (MMA) through Exempt Resolution No. 0863 dated August 16, 2021 (R.E. 863), approved the particular conditions and the mechanism for calculating the guarantee to be submitted by the collective management systems, as well as the conditions under which its collection will be carried out, in accordance with the provisions of Supreme Decree No. 8, 2019, of the MMA (D.S N°8/2019), which establishes collection and recovery goals and other associated tire obligations.
R.E. 863 is issued in compliance with the provisions of D.S N°8/2019, which provides that the collective management systems must submit a guarantee in order to ensure compliance with the goals and associated obligations, which will be effective in case of non-compliance with the same.
The addressees of this resolution are the collective tire management systems.
R.E. 863, by means of different formulas, establishes the specific calculation mechanism to determine the “compliance cost” and the “non-compliance risk factor”, which are the elements that determine the amount of the guarantee to be submitted by the collective management systems. The determination is made on the basis of the year of entry into force of the goals for the respective management system.
The resolution also contains the terms that must be included in the guaranteed bond, such as the type of instrument, gloss, validity, collection conditions, etc.
Validity Pursuant to D.S N°8/2019, the guarantee must be included within the first management plan, which shall be submitted before June 30 of the year prior to the year in which the respective management system starts its operation.