The Ministry of Environment and Sustainable Development (“MADS”, by its acronym in Spanish) issued the Resolution 1407 of July 26, 2018 (“Resolution 1407”), in order to regulate the environmental management of paper, cardboard, plastic, glass and metal containers and packaging.

 

For such purposes, the Resolution 1407 orders the creation and implementation of Environmental Management Plans for Containers and Packaging Wastes (“EMP”), aimed at stimulating the reuse of such wastes, and establishes several obligations for the different economic agents, as described below.

 

1.   Producers’ obligations.

 

The Resolution 1407 defines producer of packed goods as those who manufacture, assemble, remanufacture, import or commercialize in Colombia using their trademark, packed goods that are addressed to the final consumers and/or those who commercialize packaging or containers to be used once, including distance and/or online selling (“Producer”).

 

Producers shall design, implement and keep updated an EMP for Containers and Packaging Wastes – either individually or collectively. The Producers existing as of December 31, 2017 shall file their EMP on December 31, 2020 at the latest, before the Environmental Licensing National Agency for its respective approval.

 

Such plan shall include, among others, the operative, technical and financial description of the structure of the collection, transportation, storage, reuse and/or final disposal of the wastes, as well as the awareness campaigns addressed to the final consumers.

 

Moreover, the Producers shall present annual reports with their status of compliance with the collection goals set by the MADS.

 

2.   Sellers’ obligations.

 

The sellers of packed goods shall support the implementation of the EMP and shall provide space for the collection of the waste, among others.

 

3.   Packaging producers and importers’ obligations.

 

The producers and/or importers of packaging and containers and/or the feedstock suppliers for the production of packaging and containers, shall support and participate in EMP and shall support the Producers in applied research and development for the innovation in the design of containers and packages.

 

4.   Consequences of non-compliance with the aforementioned obligations.

 

The breach of environmental requirements can give rise to the imposition of the penalties and preventive measures established in Law 1333 of 2009, consisting, among others, of fines of up to 5000 monthly minimum wages (this is, approximately USD $1,300,000) for 2018. The penalties are applied in accordance with the severity of the breach and the criteria established in the law.