New Regulation Forbids its Transit, Entrance and Importation either to the National Territory
As per Decree DECTO- 2019-591-APN-PTE it is substituted in its section 1 (among others) which now reads: “It shall be forbidden the transit, entrance and importation either definitive or temporal to the National Territory, Special Customs Area and Customs-Free Areas existing or to be created including their maritime and air spaces, any kind or residue coming from other countries.”
After the Congress has evaluated multiple factors, such as our National Constitution right to a healthy environment fit for human development without compromising the future generations or the incorporation of Basel Convention on the control for Cross-border Movements of Dangerous Residues and their Disposal, it resulted necessary to ensure through the law a more proactive stance on environment protection.
Considering that Law N°24.051 ruled on December 1991 set forth the prohibition to import, introduce and transport any kind of residue coming from other countries to the nation territory and its maritime and air spaces, in 1992 by means of Decree N° 181, it was taken a step further: the prohibition also included the definitive or temporal characteristic of the residue.
However, in its section 3 this law stated that those residues arising from recycling or material recovery and did not have its corresponding safety/environment certificate issued by competent authority prior to embarking, were included in the prohibition. This proceeding resulted impractical in its application since the exporting countries only issue certificates indicating within their local legal frame that the residues were not considered as dangerous.
Likewise, after considering the advance in the matter by means of which certain residues can be processed or recycled for particular purposes and therefore no longer fall into the “residue” category for they are used in manufacturing or sold in the market as supplies, raw material or products.
Therefore, it was decided to substitute the sections of Decree N° 181 and N° 831 as follows:
SECTION 1: from Decree n° 181 now reads “Be it forbidden the transit, entrance and importation either definitive or temporary to the National Territory, Special Customs Areas and Customs-free Areas existing or o be created and their maritime and air space, of any kind of residue coming from other countries.”
SECTION 2: from Decree n°181 now reads “It shall comprise those substances or objects, after being considered as residues, that do not adjust to the requirements and importation process disposed by the National Environment and Sustainable Development Secretary with exceptions to the following:
- that the substance or object be used for specific purposes;
- that there be a market or demand for such substance or object;
- that the substance or object be satisfactory of the technical requirements for its use and abides the local legislation applicable to it;
- that the use of the substance or object do not cause an adverse impact on the environment or health.
SECTION 3: from Decree n° 181 now reads “It is considered as residue any kind of substance or object that which disposal is executed, proposed of execution or compelled to execute.”
SECTION 4: from Decree n° 181 now reads “likewise it is consider as residue to any material, substance or object intended to be imported or entered in the same state in which it was disposed by its generator and/or offered to our country for free or settling a premium for its recycling, treatment or final disposal.”
SECTION 5: from Decree n° 181 now reads “the competent authority shall be the Environment and Sustainable Development Secretary and the National Production and Work Ministry.”
SECTION 6: from Decree n° 831 now reads “it is excluded from the prohibition set forth in section 3, the sealed sources of radioactive material for medicinal or industrial purposes when there be a contractual obligation to return the same to its exporter.”
The National Customs House will be in charge of controlling the application of this law regarding section 3.
This Decree shall be effective after 30 days as from its announcement in the Official Bulletin.