by Dean Cogger, December 4th, 2019
Dean is an EC4P Compliance Consultant helping companies identify their legal exposure to WEEE, Batteries and Packaging legislation and providing cost-effective and legally-robust recommendations for compliance.
The Peruvian Ministry of Environment (MINAM) published their much anticipated WEEE Decree (009-2019-MINAM) in November 2019; repealing the WEEE Decree of 2012 and executing a revised WEEE management regime under the 2016 framework Law on Solid Waste. The Agency for Environmental Assessment and Enforcement (OEFA) will be monitoring and enforcing the new regime alongside MINAM. This follows the current trend of increased EPR legislation across the globe, with recent examples in Canada, Singapore and Portugal.
How will this affect your company and its product sales?
The decree defines EEE producers as anyone who places EEE on the national market for the first time for commercial purposes, regardless of sales technique – this includes manufacturers, assemblers, importers and distance sellers. The new regulation increases the compliance burden for those involved across the WEEE supply chain in Peru. The OEFA and MINAM exercise environmental supervision and will be using their powers to monitor and penalise obligated parties during the transitional period. The aim is to establish the official infractions and sanctions of the Decree, which will be published in early 2020. As such, strict enforcement can be expected.
What is the scope?
The Decree introduced an 11-category scope for WEEE that mirrors the 10 categories of EU Directive 2002/96/EC, with the addition of PV panels. There are newly imposed collection targets:
How do you ensure compliance?
Producers will be required to design and implement WEEE management systems – individually or through producer responsibility organisations (PROs) – that offer free take-back of WEEE from end-users, meet collection targets and deliver collected WEEE to approved treatment operators.
WEEE management system plans are subject to MINAM approval and must detail the amount of EEE produced and imported by those participating. Plans must set collection and recovery targets and provide detailed methods of collection and cooperation between producers, municipalities and treatment operators. Financing mechanisms and budgets must be made clear, while there is also a responsibility to present public awareness initiatives.
Previously non-compliant producers have until the end of 2019 to submit or join an approved waste management scheme; increased enforcement undertakings in the near future seem likely.
Want to keep up to date with regulatory changes?
EC4P offers a global WEEE, Batteries and Packaging update service tailored specifically to your company. The updates, issued quarterly or bi-annually, provide an overview of regulatory changes along with a summary of whether any of these changes are applicable to your company. EC4P will also advise you of any action you need to take in order to remain compliant and protect your sales across the world. For more information on this service, please contact us.
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