New Law 2232 of 2022, which adopts measures for gradually reducing the production and consumption of certain single use plastics

On July 8, 2022, Law 2232, “by means of which measures aiming at gradually reducing the production and consumption of some single use plastics and other measures are adopted”, entered into force.

This new law divides single use plastic products in two groups, each of which is subject to a different regime, classified as follows:

1. Products subject to progressive ban and replacement, consisting of a ban on the introduction, commercialization and distribution of the products listed in article 5, which are partially or totally made from single use plastics, including oxodegradable plastics. This ban will be effective in two or eight years, depending on the product. Producers shall then adopt sustainable alternatives. This category includes bags handed at cashier points, empty bag rolls used for packing in bulk goods at retail establishments, sticks of cotton swabs, and cutlery, among others.
2. Other products made of single use plastics (i.e., those not listed in article 5), which shall be subject to circular economy and extended producer responsibility systems, according to the regulation to be issued by the Ministry of Environment and Sustainable Development. With respect to PET bottles, the first obligations shall be met by 2025.

In parallel, the new law orders the national government to implement the following complementary measures: (i) issuing a new public policy on the replacement of single use plastics; (ii) adopting a regulation on eco-labelling for single use plastics and (iii) promoting eco-design, civic education and the formalization of the agents participating in the plastics value chain, among others.

In order to comply with the provisions of Law 2232, new regulations by the Ministry of Environment and Sustainable Development are expected in the course of the following months.

Author: Natalia Soto I [email protected] I Mining & Natural Resources