Maria Paula Chaves
On February 14th, the National Executive Branch has repealed Decree DECTO-2019-591-APN-PTE and Joint Resolution N°3 of November 12th of 2019 (See our Newsletter “Dangerous residues”), regarding the prohibition of 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 maritime and air spaces, any kind of waste coming from other countries.
This decision was based on the fact that said decree overruled the requirement of having a safety/environment certificate issued by the competent authority of the country of origin and/or departure prior to embarking and ratified by the enforcing authority. Therefore, the absence of this requirement constitutes a setback in environmental matters that puts our country in a situation of risk due to the possible entry of hazardous waste.
Now the executive branch has a term of 180 days since this act to propose a regulation in order to govern this and foster an integral management of wastes within the frame of a circular economy ¬- an economic system aimed at eliminating waste and the continual use of resources.
Until the pertinent regulations are passed, Decree N°181 of January 24th of 1992 and Decree N°831 of April 23rd of 1993 will apply in their original wording.
This version of Decree N°181 reads as follows:
Section 1 – 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 waste coming from other countries.
Section 2 – The previous section also includes those wastes arising from recycling or material recovery that do not have the corresponding safety/environment certificate issued by the competent authority of the country of origin and/or departure prior to embarking and ratified by the authority enforcing this decree, all without prejudice to the powers of the National Customs Department.
Section 3 – It is considered as waste any kind of substance or object produced in any activity and which removal, recycling, recovering or final disposal is executed, proposed of execution or compelled to execute, as well as those that, in the opinion of the enforcing authority, are considered as such.
