PLANT PROTECTION PRODUCTS
Scope and definitions.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Scope and definitions
ARTICLE 1-This law establishes the minimum environmental protection budgets for the management of empty plant health care packages, due to the toxicity of the product they contained, requiring differentiated and conditioned management.
ARTICLE 2 °-All empty containers of plant protection used in the national territory, which must be placed in a System of Integral Management of Empty Packaging of Plant Protection, shall be included in the scope of this law. to the guidelines set out in the following article.
Article 3-These are objectives of this law: (a) To ensure that the integral management of empty containers is carried out in a way that does not affect the health of people or the environment. (b) Ensure that the material recovered from packaging that has been in plant protection is not used for uses which may involve risks to human or animal health or have negative effects on the environment. (c) Improve the effectiveness of management, considering the pre-existing structures and methods in each jurisdiction, in accordance with the principle of progressiveness. d) Dynamize the administrative procedure for the registration and authorization of the subjects covered by this law. (e) Establish and define the different stages and links in the integral management of empty plant protection packages.
ARTICLE 4 °-For the purposes of this law, the following definitions are established: Applicator: Any natural or legal person, public or private, that applies or releases plant protection products to the environment. Transitional Storage Centre (CAT): Aquella facility to be used for the reception, conditioning, coupling and disposal of empty plant protection packages to the recovery or recovery channels
final arrangements, which comply with the conditions and safety requirements which the competent authorities have. Marketer: Any natural or legal person placing plant protection products on the market. Plant protection: any substance or mixture of substances intended to prevent, control or destroy any harmful organism, including unwanted species of plants or animals, causing injury or negative interference in production; Manufacture or storage of plants and their products. The term includes adjuvant, phytorregulators, desiccants and substances applied to plants before or after harvest to protect against deterioration during storage and transport. Integral management of empty plant protection packages: A set of interdependent and complementary activities, which form a process of actions for the management of empty packaging of plant protection plants, with the aim of protecting the environment and the quality of life of the population, taking into account the objectives and hierarchy of options of this law, from production, generation, transitional storage, transport and processing, to its final disposal or use as input from another production process. Best available management practice (MPGD): More effective and advanced alternative packaging management versus a given context, including the particularities of the relevant jurisdiction, types of agricultural producers, the type of packaging, its composition and the plant protection content, among others. The MPGD shall demonstrate the practical, economic, social and environmental capacity of certain management techniques to meet the objectives and the hierarchy of options set out in this Law. Operator: Any natural or legal person authorised by the Competent Authorities to modify the physical characteristics and/or the chemical composition of any empty container of plant protection, in such a way as to remove its harmful properties, recover energy and/or material resources, or obtain a less toxic waste or make it susceptible to recovery or safer for its transport or final disposal. Registrant: Any natural or legal person who has obtained the Certificate of Use and Marketing of a duly registered plant health plant in the National Register of Plant Therapeutics of the National Service for Health and Food Quality (SENASA), as set out in the current regulations. Residue: Plant protection remaining in the container once the contents of the container have been emptied. Authorized Carrier: Any natural or legal person authorized by the Competent Authorities to carry out the transportation from the Transitional Storage Center (CAT) to the Operator and/or from the Operator to the industry that complies with the security requirements that they have. User: Any natural or legal person who acquires plant protection products for agricultural activity and, as a result, generates and is a holder of empty plant protection packages.
ARTICLE 5-In accordance with the provisions of the General Law of the Environment 25,675 and for the purposes of this law and sustainable agricultural production, the following guiding principles are laid down: (a) Extended and shared responsibility: Understood as the duty of each of the registrants to be objectively responsible for the integral management and their financing, regarding the containers containers of the plant protection products placed by them in the national market and their consequent empty containers. In the performance of this duty, account must be taken of the life cycle of the package and the respect for the hierarchy of options. This responsibility shall be shared with the other links in the management chain to the extent of the specific obligations imposed on them by this law. (b) Interdiction: For the purposes of this law, the Competent Authorities, in their agreements for inter-jurisdictional movements of empty plant protection packages, may not be placed in a
position of economic, social and environmental isolation. Inter-jurisdictional transit shall not be prohibited by the provinces, but may be reasonably regulated. (c) Simplification of procedures: For the procedures of registers and authorizations arising from this law, the Competent Authorities and the Enforcement Authority, in the field of their respective competences, shall establish mechanisms of reasonable procedural simplification.
ARTICLE 6-The following hierarchy of options for the Integral Management of Empty Packaging of Plant Protection: a) Prevention in the generation is established. (b) Reuse. (c) Recycling. d) Valorization. (e) Final Disposition. The reuse option will only take place in those cases that establish the regulation. The choice of a hierarchically lower management option should include the MPGD.
ARTICLE 7 °-For the purposes of this law two (2) classes of empty packaging of plant protection products are distinguished: (a) Those empty containers which are liable to be subjected to the waste reduction procedure laid down in Article 22; has performed the same and were delivered to the authorized Transitional Storage Centers (CAT). (b) empty containers which cannot be subjected to the procedure for the reduction of residues, either because of their physical characteristics or because they contain non-miscible or non-water-dispersible substances and which have been delivered to the Authorized Transitional Storage (CAT).
ARTICLE 8-Any action involving the abandonment, discharge, burning and/or burial of empty plant health packages throughout the national territory shall be prohibited in the same way as the placing on the market and/or delivery of packaging to natural persons or (a) legal form outside the authorised system, without prejudice to any other restrictions imposed by this rule.
ARTICLE 9-The use of recovered material is prohibited in order to produce any type of products which, by their use or nature, may involve risks to human or animal health, or have negative effects on the environment. The Application Authority shall define the prohibited uses of the valorised or recycled material from the application of the present.
From the System of Integral Management of Empty Packaging Packaging
ARTICLE 10. -The System shall comply with the minimum guidelines set out below: (a) The formulation, operation and maintenance of the System shall be the direct responsibility of the registrants in accordance with this law, without prejudice to the obligations of other subjects covered by this rule. (b) The time limit set for the formulation and presentation of the System shall be ninety (90) days running from the publication of this Law in the Official Gazette. Since the approval of the System, the
The registrants will have two hundred and seventy (270) days to adjust their management to the guidelines of the same. You will not be able to market your products until they are in compliance with this deadline.
ARTICLE 11. -The System of Integral Management of Empty Packaging of Plant Protection should: a) Formulate procedures for the integral management of empty containers of plant protection in order to achieve the highest efficiency in their collection. (b) Determine specific procedures and may include economic incentives to ensure the return of empty containers by the user. To this end, it may condition the sale of plant protection to those users who do not return. c) Consider the adoption of associative forms of registrants in order to optimize the fulfillment of the objectives of this law. (d) Establish general logistics for the integral management of empty plant protection packages. (e) Ensure the traceability and control of both empty plant protection packages and the processes of the system. f) To be able to match the particularities of each productive region and type of user in order to ensure efficiency and security for the System. (g) Ensure the correct treatment of empty plant protection packages. (h) Facilitate and promote capacity building in each of the chain links in order to adapt and improve the quality of each of the intervening processes to the final destination of the empty plant protection packages. i) Propose, manage and disseminate awareness and training programs and mechanisms in the proper management of empty plant health care packages. In the event of an MPGD applicable to any stage of the System, the registrant shall submit it to the Competent Authority for approval.
ARTICLE 12. -Empty packaging of plant protection products can only be managed through the channels established by the System of Integral Management of Plant Protection Empty Packaging, once approved by the Competent Authority.
ARTICLE 13. -The System will be articulated in three (3) stages: a) From the User to the Center for Transitional Storage (CAT): Emptying a container container of plant protection, the user and applicator will be objectively responsible for guaranteeing the procedure of reduction of waste. They shall also separate empty containers in the two (2) classes established by Article 7. Subsequently, they must be transferred and delivered to a Transitional Storage Centre (CAT), for which they will not require any specific authorisation. (b) From the Transitional Storage Centre (CAT) to the Operator: The packages at the Transitional Storage Centres (CAT) must be classified and set up in differentiated spaces according to the typology set out in Article 7. The packaging shall be derived for recovery or final disposal, as appropriate, by authorised carrier. The CAT will be the responsibility of the registrants and must be registered in the registers created for the effect by the Competent Authorities as generators of empty containers of plant protection, being able to be private or mixed. They must be located in industrial areas and/or rural areas and comply with the requirements laid down in the supplementary legislation. (c) The Operator to Industry: The material processed by the operator shall be sent by a carrier authorized for subsequent reinsertion into a production process, in compliance with the provisions of Article 9.
From the Enforcement Authority and the Competent Authorities
ARTICLE 14. -The Ministry of Agriculture, Livestock and Fisheries and the Secretariat of Environment and Sustainable Development of the Chief Cabinet of Ministers, will be jointly the Enforcement Authority according to the scope that establishes the regulations of the present law.
ARTICLE 15. -The Application Authority shall: (a) Dictate any additional rules deemed necessary for the performance of this law. b) Concierge to the different actors on the need for training actions at each stage of the System. c) To collaborate in the control and control to ensure that the Integral Management of Empty Packaging of Plant Protection is carried out in appropriate safety and health conditions and in facilities that comply with the provisions that the legislation and the rules which, as a result, will be established. (d) Promote the establishment of mechanisms to ensure the traceability of empty phytosanitary containers throughout the proposed chain of the Management System. e) Receive and record all information from the Competent Authorities regarding the implementation and compliance of this law. f) Lead in case of disputes, ensuring the effective application of the principle of interdiction. g) Create an MPGD record with the information provided by the competent authorities.
ARTICLE 16. -The Application Authority shall be assisted by an honorary (1) Advisory Council, which shall be responsible for advising and proposing initiatives on issues related to this law. The Council shall be composed of one (1) representative representative and one (1) alternate representative for each of the following public bodies: (a) Agriculture, Livestock and Fisheries Secretariat of the Ministry of Agriculture, Livestock and Fisheries. b) Secretary of Environment and Sustainable Development of the Chief Cabinet Office of Ministers. c) Federal Plant Health Commission (CFF). d) National Institute of Agricultural Technology (INTA). (e) National Institute of Industrial Technology (INTI). f) National Service for Health and Agro-Food Quality (SENASA). (g) Ministry of Health. h) Federal Agricultural Council (CFA). i) Federal Environment Council (COFEMA). The Application Authority shall invite the Advisory Council to be integrated into one (1) representative of each of the Chambers that nuclides the registrants. It may also be invited to participate in meetings of public or private institutions linked to the subject of this law.
ARTICLE 17. -The competent authorities shall be the bodies that the provinces and the Autonomous City of Buenos Aires determine to act in the field of their jurisdictions.
ARTICLE 18. -the competent authorities shall:
a) Control and audit compliance with this law. (b) to receive and authorize the management systems submitted by the registrants. (c) Fiscaling comprehensive systems for the management of plant protection packages. (d) Evaluate the possibility of unifying management systems, taking into account their integration with others, tending to the formation of integrated systems under criteria of objectivity. (e) Promote the creation of regionalized territorial areas for the purpose of maximizing efficiency in the implementation of this law, by regionally pooling implementation and control efforts. (f) To establish mechanisms for the registrants to comply with their obligation to inform society as a whole. g) Submit to the Application Authority annually a report certifying the management of packages implemented in their respective jurisdictions, as well as quantitative data to assess compliance with the law. (h) Respect the principles of interdiction and simplification of procedures. (i) to receive, approve or reject the MPGD. (j) Promote the implementation of self-management actions in accordance with the provisions of Article 26 of that Law 25,675.
From the Registrar
ARTICLE 19. -The Registrar: (a) It shall be responsible for the Integral Management of Empty Packaging of Plant Protection, fulfilling the hierarchy of options as set out in Article 6. (b) Identify, kneecap and label packaging in order to ensure the correct information of the management system implemented. (c) It shall establish, in distribution and sales channels, information mechanisms to facilitate the comprehensive management of empty plant protection packages. (d) The environmental aspects should be considered in the design and presentation of plant protection packages, in order to minimize the generation of waste and to facilitate the recovery of the waste. (e) If agreements are made with public or private entities to facilitate the activities of the Management System, it must inform the Competent Authorities. (f) Develop and implement training and awareness programs on adequate management of empty plant protection packages. The information provided for in Articles 22 and 23 of this Law shall be included, without exception, in the mark or in the absence thereof, in the package leaflet or the booklet attached to the product.
Of the User
ARTICLE 20. -The User shall ensure: (a) The performance, on its own or by applicators, of the procedure for the reduction of plant protection residues in empty containers as laid down in Article 22 of this Law. (b) the temporary storage of empty plant protection packages on their own account or by
In order to ensure the safety of the environment and the health of the person concerned, it shall be up to (1) the year of the refund from the date of purchase. c) The training of staff in the environmentally sound management of empty plant protection packages. (d) The mandatory delivery of all packaging in the CAT, moving them in a way that does not affect the environment and health. The packages corresponding to (a) which have not been subjected to the waste reduction technique shall be considered within the meaning of Article 7 (b). In the event that the user does not carry out the procedure for reducing plant protection residues in empty containers on his own or third parties, he must face the costs of managing the packaging in accordance with Article 7 (b). of this law.
From the Marketer
ARTICLE 21. -The Trader must: (a) Deliver the user together with the purchase invoice, all the necessary information referred to the management system adopted by the registrant. It shall include at least the time limit for the return of empty plant-protection packages, suitable methods of storage in the predium, mode of transport of the container and reception places authorised. b) Collaborate with the registrant for the implementation of the adopted management system, as regards the administration and management of the Transitional Storage Centers (CAT).
Of the Procedure for the Reduction of Phytosanitary Wastes
ARTICLE 22. -It is established as a compulsory procedure to reduce plant protection residues in empty containers throughout the national territory, the procedure for washing rigid containers of miscible or dispersible pesticides in water, according to the IRAM 12069 standard or the standard that replaces it in a timely manner. The Application Authority shall assess and may authorise new procedures which as a result of the optimisation of production processes or technological innovations are superators of the standard.
ARTICLE 23. -It is prohibited for the procedure laid down in Article 22 to carry any load of water involving direct contact with water sources and reservoirs, by immersion of the empty container of plant protection.
ARTICLE 24. -Create the Single Traceability System. It shall be intended to permit the
permanent monitoring of management systems with the scope to be established by the regulations of this law and should be harmonised with the provisions of the records created and/or created for issues related to the present.
ARTICLE 25. -the competent authorities shall be responsible for the failure to comply with the provisions of this Law and the regulatory regulations which are in consequence thereof. The penalty, according to its severity, recidivism and nature, may be: (a) Apercibiliento. (b) Freckles of between three hundred (300) and ten thousand (10,000) basic salaries of the initial category of the National Public Administration. c) Suspension of the activity of thirty (30) days until one (1) year, taking into account the circumstances of the case. (d) Temporary or permanent closure, total or partial. (e) Obligation to publish the operative part of the judgment of the offender. The penalties are not exclusive and may be applied concurrently, subject to summary instruction to ensure the right of defence, in accordance with the relevant procedural rules. The application of the previous sanctions does not preclude the application of the civil or criminal sanctions which may be applicable.
ARTICLE 26. -In cases of recidivism, the penalties provided for in the preceding article may be multiplied by a figure equal to the number of reincidences committed. It shall be deemed to be a repeat incident to which, within five (5) years preceding the date of the commission of the offence, it has been sanctioned for another similar offence.
ARTICLE 27. -where the infringer is a legal person, its members and members shall be jointly and severally liable for the penalties laid down in the preceding Articles, together with their directors, administrators and/or managers.
ARTICLE 28. -The funds received in respect of the fines referred to in Article 25 shall be used to comply with the objectives of this Law. To this end, the Competent Authorities may assign them to the Environmental Compensation Fund created by Article 34 of the General Law of the Environment 25,675.
ARTICLE 29. -The actions to impose penalty for violations of this law and its regulatory norms, prescribe at five (5) years, counted from the date of the commission of the infringement. In the case of continued faults, at five (5) years from the commission of the last infraction.
ARTICLE 30. -The penalty is extinguished by the prescription, at five (5) years to count since the sanctioning administrative act has acquired firmness.
ARTICLE 31. -The national executive branch shall regulate this law within a period of no more than sixty (60) days of its sanction.
ARTICLE 32. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE FOURTEENTH DAY OF SEPTEMBER OF THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO 27279-
EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.
Buenos Aires, 7 October 2016 Under the terms of Article 80 of the National Constitution, I certify that Law No. 27,279 (IF-2016-02018246-APN-SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on September 14, 2016, has The law of the European Council of the European For your publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT and the MINISTRY OF AGROINDUSTRY. Compliment, file. -Pablo Clusellas.
Date of publication: 11/10/2016