The Role of the Private Sector: Shared Responsibility and Reverse Logistics CERSOL – Multidisciplinary Centre for Solid Waste Studies

Patrícia IgleciasRWM, Brazil (2013)

SETTING THE SCENE

Brazil

Population: 201.032.714 (IBGE, 2013)

Solid Waste:

62.7 million tonnes (Abrelpe, 2012)

Inadequate disposal of waste: 42%

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WASTE INVENTORY – SAO PAULO STATE

YearTotal Number of

CitiesAdequate Solid Waste Landfill

1997 645 27 (4.2%)

2011 645 422 (65.4%)

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1997 2011

Inadequate Controlled Adequate

SOURCE: CETESB

SOLID WASTE LANDFILL QUALITY INDEX, SAO PAULO STATE

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LEGAL FRAMEWORK

1. National Solid Waste Policy (Federal Law No.12.305/2010)

• Main legal framework at national level

» Federal vis-a-vis state and municipalregulations

2. Newness and complexity lack/a small handful oflegal studies

• Importance of foreign experience (i.e.comparative analysis) – European Union

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WASTE LAW AND ITS RELATIONSHIP WITH OTHERS FIELDS OF LAW

• Consumer protection: consumer rights and duties

» Information is required (Provide information on waste prevention, recycling and elimination)

» Eco-friendly products

• Dangerous substances and product policies

• Contaminated land

• Competition law, tax law etc.

• Waste prevention (Eco-design, eco-efficiency, disaster prevention)

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WASTE LAW: AGENDA

• Shared responsibility for product life cycle (EuropeanExtended Product Responsibility)

• “Post-consumption responsibility”

• Who is responsible…?

» Manufacturers and importers

» Distributors and sellers

» Consumers

» Public cleaning service (Government)

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SHARED RESPONSIBILITY

Product lifecycle:

–Development

–Manufacturing

–Consumption

– Final destination

– Final disposal

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MANUFACTURERS AND IMPORTERS

Trading procedures

Used products

Used packaging

Stations for the voluntary delivery

Used packaging

Recyclable materials

Partnerships with collector’s

cooperatives (pickers)

Recyclable materials

Selective Collection

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DISTRIBUTORS AND SELLERS

Returning of used products and used packaging to manufacturers and importers.

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CONSUMERS

Returning of the used products and

packaging

Separation of the dry waste for the selective

collection

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SOCIAL ASPECTS

• Collector’s cooperatives

• Priority

• Qualification

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PRODUCTS AND REVERSE LOGISTICS

• Pesticides, its waste and packaging • Products which the packaging are hazardous

waste• Batteries• Tyres• Lubricants including all packaging • Fluorescent bulbs• Electronic products• Packaging

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PROPOSED MODEL IN PACKAGING

• Delivery points

• Collector’s cooperatives (pickers)

• Goals: reduction in 22% (quantity of the dry part of the waste in landfills) in 3 years

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IMPLEMENTATION

• Sectors agreement – public edits from Ministry of the Environment

• Decree (imposed regulation)

• Terms of commitments

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GOALS

• Proporcionality with the products placed on the market

• Established in the implementation instrument

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SYNTHESIS OF IDEAS

• Sustainable production and consumption

• Education for consumption

• Waste minimisation

• Participative management and collectiveappropriation of the environment

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• Ecological crisis is also a crisis of human values and ethics in all its dimensions. It brings on new thoughts, new conflicts, new possibilities, new solutions and new behaviors as far as the planet is concerned.

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GENOVEVA CHAGAS DE AZEVEDO

Rua Funchal, 263 - 10º andar - São Paulo/SP – CEP: 04551-060(+55 11) 3514 1400 – www.viseu.com.br 19

Thank you!

Associate Professor of Faculty of Law – University of Sao PauloPartner at Viseu Law Firm

Environmental Lawyer

patricia.iglecias@viseu.com.br