In brief
The Ministry of the Environment and Climate Change (MMA) has made three regulatory proposals available for public consultation related to the regulation of reverse logistics for plastic packaging and the structuring of the National Reverse Logistics System.
The proposals present new technical parameters, operational obligations, and reporting requirements applicable to manufacturers, importers, distributors, retailers, and other companies that place plastic packaging on the domestic market. In addition, they integrate the regulations provided for in Decrees No. 10,936/2022 and No. 12,688/2025, establishing guidelines for traceability, classification, auditing, reporting, and operation of digital systems in the context of reverse logistics.
In more detail
Public Consultation No. 01/2026 – National Reverse Logistics System (SISREV-BR)
- Establishes the SISREV-BR as a tool for monitoring, tracking, and reporting on reverse logistics systems in the country.
- Regulates provisions of Decrees No. 10,936/2022 and 12,688/2025.
- Main elements of the proposal:
- Creation of a single national database to consolidate reporting data from all reverse logistics programs.
- Direct integration with National Information System on Solid Waste Management (SINIR) (Law No. 12,305/2010).
- Definition of guidelines for the operation of electronic platforms integrated with the system.
- Submission of contributions via Brasil Participativo until 31 January 2026.
Public Consultation No. 02/2026 – Requirements for Plastic Packaging Sorting Waste
- Regulates technical requirements and procedures for the removal, traceability, transportation, and final disposal of plastic packaging waste (Art. 15, §3 of Decree No. 12,688/2025).
- Obligations of companies and management entities:
- Responsibility for the removal and proper disposal of waste.
- Conducting a gravimetric study to estimate quantities generated.
- Hiring an external auditor for methodological validation.
- Remuneration of operators:
- Calculation based on factors such as:
- Average volume of waste.
- Management costs reported by municipalities to National Sanitation Information System (SINISA).
- Calculation based on factors such as:
Public Consultation No. 03/2026 – Plastic Packaging Recyclability Index (IREP)
- Establishes criteria for calculating and disclosing the IREP provided for in Article 43 of Decree No. 12,688/2025.
- Components of the methodology:
- Standardized quantitative metric considering, for example:
- Material composition and structure.
- Presence of incompatible components.
- Ease of sorting and cleaning.
- Economic feasibility of recycling.
- Available infrastructure for collection, sorting, and recycling.
- Standardized quantitative metric considering, for example:
- Requirements for companies:
- Classification of packaging according to recyclability levels.
- Mandatory disclosure on the label, in a clear and standardized format.
- Calculation of the index in accordance with applicable technical standards.
- Submission to independent external audit.
Giovani Bruno Tomasoni and Manuela Demarche Mello, Partners at Trench Rossi Watanabe, and Clara Andrade, Associate at Trench Rossi Watanabe, have also contributed as co-authors to this Legal Update.
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*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.