LAW NO. 20,920 ESTABLISHES FRAMEWORK FOR WASTE MANAGEMENT, EXTENDED PRODUCER RESPONSIBILITY AND PROMOTION OF RECYCLING Having regard to the fact that the National Congress has given its approval to the following " Bill: waste management, extended producer responsibility and promotion of recycling. TITLE I GENERAL PROVISIONS Article 1-Subject matter. This law aims to reduce the generation of waste and to promote its reuse, recycling and other recovery, through the introduction of the extended responsibility of the producer and other management instruments. waste, in order to protect the health of people and the environment. Article 2.-Principles. The principles that inspire this law are: a) The polluter pays: the generator of a waste is responsible for this, as well as internalizing the costs and the negative externalities associated with its management. (b) Undergraduate: The obligations to prevent the generation of waste and to promote its reuse, recycling and other recovery shall be established or progressively required, taking into account the quantity and danger of the waste, available technologies, the economic and social impact and the geographical situation, among others. (c) Inclusion: A set of mechanisms and instruments for training, financing and formalisation aimed at enabling the full integration of the base recyclers into waste management, including management systems in the framework of the extended liability of the producer. d) Hierarchy in waste management: Order of preference for management, which considers as the first alternative the prevention in the generation of waste, then the reuse, the recycling of the same or one or more of its components and the energy recovery of waste, total or partial, leaving as the last alternative its disposal, in line with the development of relevant legal, regulatory and economic instruments. (e) Free competition: the operation of the management systems and the operation of the managers under no circumstances will be able to undermine free competition. f) Participatory: The education, opinion and involvement of the community are necessary to prevent the generation of waste and to promote its reuse, recycling and other type of recovery. (g) Caution: the lack of scientific certainty cannot be invoked to stop implementing the necessary measures to reduce the risk of damage to the environment and human health resulting from waste management. (h) Preventive: A set of actions or measures that are reflected in changes in habits in the use of inputs and raw materials used in production processes, design or modifications in such processes, as well as in consumption, designed to avoid the generation of waste, the reduction in quantity or the dangerousness of the waste. i) Liability of the generator of a waste: The generator of a waste is responsible for it, from its generation to its recovery or disposal, in accordance with the law. (j) Transparency and publicity: Waste management shall be carried out in a transparent manner so that the community can access relevant information on the matter. k) Traceability: A set of pre-established and self-sufficient procedures that allow knowledge of the quantities, location and trajectory of a waste or lot of waste along the management chain. Article 3.-Definitions. For the purposes of this law: 1) Storage: Accumulation of waste in a specific place for a given time. 2) Life cycle of a product: consecutive and interrelated stages of a production system, from the acquisition of raw materials or their generation from natural resources, to their disposal as waste. 3. "marketer" means any natural or legal person, other than the producer, who sells a priority product to the consumer. In the case of packaging and packaging, the marketer is the one who sells the consumer's packaging or packaging. 4) Consumer: All generator of a priority product residue. 5) Industrial consumer: every industrial establishment, according to the General Ordinance of Urbanism and Constructions, which generates waste of a priority product. 6) Distributor: Any natural or legal person, other than the producer, who markets a priority product before its sale to the consumer. In the case of packaging and packaging, the distributor is the one who markets the good of packaged or packaged consumption before its sale to the consumer. 7) Ecodesign: Integrating environmental aspects into product design, packaging, packaging, labeling, or others, in order to reduce environmental externalities throughout their life cycle. (8) Elimination: Any procedure aimed at disposing of or destroying a residue in authorized installations. 9. Generator: Holder of a product, substance or object that disposes or has an obligation to discard it according to the current regulations. 10) Manager: Natural or legal person, public or private, who performs any of the waste management operations and is authorized and registered in accordance with the current regulations. 11) Management: Management operations and other policy actions, planning, regulations, administrative, financial, organizational, educational, evaluation, monitoring and audit, regarding waste. 12) Installation of reception and storage: Place or establishment of reception and selective accumulation of waste, duly authorised. 13. Management: All operational actions to which a waste is submitted, including, among others, collection, storage, transportation, pretreatment and treatment. 14. Environmentally sound management: The adoption of all possible measures to ensure that waste is handled in such a way that the environment and health of people are protected against harmful effects that may result of such residues. 15) Best environmental practices: The application of the most demanding and relevant combination of environmental control measures and strategies. 16) Best available techniques: The most effective and advanced stage in the development of processes, facilities or methods of operation, which express the technical, social and economic relevance of a particular measure to limit negative impacts in the environment and the health of people. 17) Ministry: Ministry of the Environment. 18) Preparation for reuse: Review, cleaning or repair action, by which products or components of discarded products are put up for reuse without any further processing. (19) Pretreatment: Physical operations preparatory or prior to recovery or disposal, such as separation, unpacking, cutting, crushing, compacting, mixing, washing and packaging, inter alia, intended to reduce their volume, facilitate their handling or enhancing its recovery. 20. Priority product: Substance or object that once transformed into waste, due to its volume, danger or the presence of resources, is subject to the obligations of the extended responsibility of the producer, in accordance with this law. 21) Producer of a priority product or producer: Person who, irrespective of the marketing technique: (a) is a first priority product for the first time on the domestic market. (b) a priority product acquired from a third party which is not the first distributor under its own mark. c) imports a priority product for their own professional use. In the case of packaging and packaging, the producer is the one who enters the market for the sake of packaging and, or packaging. The supreme decree establishing the targets and other associated obligations of each priority product on the basis of criteria and background shall determine the producers to whom the extended responsibility of the producer, after consideration of his/her condition of micro, small or medium-sized enterprise, as provided in law No. 20,416. 22) Base Recycler: Natural person who, through the use of the artisanal and semi-industrial technique, is engaged in a direct and habitual way to the selective collection of household or equivalent waste and to the management of reception facilities and storage of such residues, including their classification and pre-treatment. Without prejudice to the foregoing, legal persons who are exclusively composed of natural persons registered as base recyclers shall also be considered as base recyclers in accordance with Article 37. 23) Recycling: Use of waste as input or raw material in a production process, including co-processing and composting, but excluding energy recovery. 24. Collection: Operation consisting of collecting waste, including its initial storage, in order to transport them to a storage facility, a recovery or disposal facility, as appropriate. The collection of separate waste at source is called differentiated or selective. (25) Residue: A substance or object which its generator disposes or has the intention or obligation to dispose of in accordance with the rules in force. 26) Reuse: Action by which products or components of discarded products are used again, without involving a production process. 27) Management System: An instrumental mechanism for producers, individually or collectively, to comply with the obligations established in the framework of the producer's extended responsibility, through the implementation of a plan of management. 28) Superintendence: Superintendence of the Environment. 29) Treatment: Recovery and waste disposal operations. 30) Valorization: A set of actions whose objective is to recover a residue, one or more of the materials that compose it and, or the calorific power thereof. Recovery includes preparation for reuse, recycling and energy recovery. 31) Energy value: use of waste in order to take advantage of its calorific value. TITLE II OF WASTE MANAGEMENT Article 4-Prevention and recovery of waste. Any potentially valorizable waste shall be destined for this purpose by avoiding its disposal. For this purpose, the Ministry, having regard to the principle of gradualism and where appropriate, shall establish by supreme decree the following instruments intended to prevent the generation of waste and, or to promote its recovery: a) Ecodesign. b) Certification, labelling and labelling of one or more products. c) Deposit and reimbursement systems. (d) Mechanisms of separation in origin and selective collection of waste. e) Mechanisms to ensure an environmentally sound management of waste. (f) Mechanisms to prevent the generation of waste, including measures to prevent products suitable for use or consumption, as determined by the respective supreme decree, as waste. A regulation will lay down the procedure for drawing up the supreme decrees establishing the above instruments. This procedure shall contain at least the following steps: (a) A general analysis of the economic and social impact. b) A consultation of competent and private public bodies, including base recyclers. (c) A stage of public consultation, which shall have a minimum duration of 30 working days. The proposal for a supreme decree governing any of the instruments mentioned in the preceding letters shall be submitted to the Council of Ministers for Sustainability, in accordance with the provisions of Articles 71 and The following of the law No. 19,300. Such a decree shall be claimed in the terms laid down in Article 16. The Superintendence will be competent to monitor compliance with these instruments and impose sanctions, in accordance with their organic law. Article 5-Obligations of the waste generators. Any waste generator shall deliver them to an authorised manager for processing in accordance with the rules in force, unless it is appropriate to handle them in accordance with the following Article. The storage of such waste must also comply with the rules in force. Solid household and equivalent waste must be delivered to the relevant municipality or to an authorised manager for its handling. The provisions of the preceding paragraphs shall be without prejudice to Article 34. Article 6-Obligations of waste managers. Any manager shall manage the waste in an environmentally sound manner, applying the best available techniques and best environmental practices, in accordance with the rules in force, and having the corresponding authorisations. Also, any manager must declare, through the Registration of Emissions and Pollutant Transfer, at least the type, quantity, costs, service fee, origin, treatment and destination of the waste, according to the provisions of the Regulation as referred to in Article 70 (p) of Law No 19,300. Article 7.-The hazardous waste managers to be determined by the Health Regulations on Hazardous Waste Management must have insurance for damages to third parties and the environment. Article 8-Obligations of the importers and exporters of waste. Importers and exporters of waste shall be governed by the provisions of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, and by the other laws and regulations governing the use of waste. material. The import of hazardous waste for disposal is prohibited. The importation of hazardous waste for recovery will only be authorized if it is credited to the Ministry of the Environment that it will be carried out by authorized managers that have an Environmental Rating resolution that the enable for this purpose. By supreme decree, issued by the Ministry and signed by the Minister of Health, the requirements, requirements and procedures for the authorization of import, export and transit of waste shall be established, which shall include the regulation of the associated guarantees. Where the competent authority advises that an importer or exporter does not have the authorization referred to in the preceding paragraph, the Ministry may take the necessary measures for the proper handling of the waste, at the expense of the infringer, It must always handle waste in such a way as to ensure the protection of the environment and the health of people. The Ministry shall be entitled to refuse import and export authorisations on the basis of a background of the fact that the waste will not be subject to an environmentally sound management. Any importer and exporter of waste shall at least report the type of waste, quantity, origin, treatment applied, including the destination of the waste generated, where appropriate, through the Register of Emissions and Transfers of Pollutants. TITLE III OF THE EXTENDED LIABILITY OF THE PRODUCER Paragraph 1 General provisions Article 9-Extended liability of the producer. The extended responsibility of the producer corresponds to a special waste management regime, in which the producers of the priority products are responsible for the organization and financing of the waste management of the priority products to be placed on the market in the country. Producers of priority products shall comply with the following obligations: (a) To be registered in the register provided for in Article 37. (b) to organise and finance the collection of the waste of the priority products throughout the national territory, as well as their storage, transport and processing in accordance with the law, through some of the management systems; refers to the 3rd paragraph of this Title. This obligation shall be enforceable with the entry into force of the respective supreme decrees establishing targets and other associated obligations. c) Meet the goals and other associated obligations, within the time limits, proportion and conditions set out in the respective supreme decree. (d) Ensure that the waste management of the priority products is managed by authorised and registered managers. (e) The others to establish this law. Article 10.-Priority Products. The extended liability of the producer shall apply to the categories or sub-categories defined in the respective supreme decrees establishing targets and other associated obligations, for the following priority products: (a) Lubricating oils. (b) Electrical and electronic equipment. c) Batteries. (d) Packaging and packaging. (e) Tyres. (f) Pies. For the definition of categories and subcategories, the effectiveness of the instrument for the management of the waste, its volume, hazard, potential for recovery or the home or non-home character of the waste shall be considered. The Ministry, by means of the supreme decrees referred to above, may also apply the extended liability of the producer to the categories and subcategories of other products, which shall be understood as priority products. For this purpose, the criteria referred to in the preceding paragraph shall be considered. Article 11.-Priority products not subject to targets or associated obligations. The Ministry may require producers, whose priority products are in a category or sub-category excluded from the application of the producer's extended liability, to report annually and in respect of the year immediately. prior to the requirement, through the Registration of Pollutant Emissions and Transfers, the following: a) Quantity of products marketed in the country. b) Activities of collection, recovery and disposal carried out and their cost. (c) Quantity of waste collected, recovered and disposed of. (d) Indication of whether the management for collection and recovery activities is individual or collective. Newspapers, newspapers and magazines shall be considered as priority products not subject to any associated targets or obligations and shall be subject to the provisions of this Article. The information referred to may be required for the first time within a maximum period of twelve months, counted from the entry into force of the respective supreme decree. In the case of newspapers, newspapers and magazines, this period shall be counted from the publication of this law. Paragraph 2-Collection and recovery Goals and other associated obligations Article 12.-Collection and recovery Goals. Both the collection and recovery targets for the priority product residues will be established by means of supreme decrees issued by the Ministry. The establishment of such targets will be carried out in relation to the quantity of priority products placed on the national market by each producer, applying the principles of gradualism and hierarchy in the handling of waste, considering the best available techniques and best environmental practices as a criterion for this effect. These supreme decrees will be able to establish differences in goals based on demographic, geographic and connectivity considerations. Article 13.-Associated obligations. In order to ensure the fulfillment of goals, the supreme decrees indicated in the previous Article, the following obligations may be regulated: (a) Labelling. b) Information to distributors or marketers, managers and consumers, including the fee for the cost of waste management. c) Design and implementation of communication and awareness-raising strategies. d) Design and implementation of prevention measures in the generation of waste. (e) Separate delivery at source and selective collection of waste. (f) limitations on the presence of dangerous substances in products. (g) ecodesign requirements. h) The design, coverage and operation of reception and storage facilities. i) Specification of the roles and responsibilities that correspond to the different actors involved in the fulfillment of the goals, in accordance with the provisions of this law. Article 14.-Procedure for the establishment of targets and other associated obligations. A regulation will lay down the procedure for drawing up the supreme decrees setting out targets and other obligations associated with priority product, which must contain at least the following steps: (a) a general analysis of the economic and social impact. (b) A consultation of competent public and private bodies, who will form an expanded operational committee that the Ministry will create, in accordance with Article 70 (x) of Law Nº19,300. This committee shall be constituted by representatives of the ministries, as well as natural and legal persons other than the State Administration representing the producers, the waste managers, the consumer associations, the Grassroots recyclers, academia, non-governmental organizations, among others. c) A stage of public consultation, which will include the opinion of the Advisory Council of the Ministry of the Environment. Article 15.-Statement by the Council of Ministers for Sustainability. The proposal of a supreme decree establishing goals and other associated obligations shall be submitted to the Council of Ministers for Sustainability, in accordance with the provisions of Article 71 et seq. of the Law of the European Union. Nº19,300. Article 16.-Resource of complaint. Without prejudice to the administrative resources that come, the supreme decrees establishing goals and other associated obligations shall be claimed before the respective Environmental Court, by any person who considers that they do not conform to this law and causing injury to him. The deadline for filing the claim will be thirty days, counted from the date of publication of the decree in the Official Journal. The appeals will be known to the court which first of all is given its consideration, excluding competition from others. The interposition of the claim shall not, in any event, suspend the effects of the contested act. Article 17.-The review of the targets and other associated obligations. The targets for the collection and recovery of waste from priority products, as well as the other associated obligations, shall be reviewed at the latest every five years, in accordance with the procedure laid down in the Regulation. Article 18.-Administrative interpretation. It will be up to the Ministry to administratively interpret the provisions contained in the supreme decrees setting goals and other associated obligations. Paragraph 3 of the management systems Article 19.-Management systems. The obligations laid down in the framework of the producer's extended liability shall be fulfilled through a management system, individual or collective. Supreme decrees establishing targets and other associated obligations may restrict the application of one system or another in order to avoid market distortions that put the effectiveness of the producer's extended liability at risk, or affect free competition in the terms set out in the decree with force of law No. 1, 2004, of the Ministry of Economy, Development and Reconstruction, which fixed the consolidated, coordinated and systematized text of Decree Law No. 211 of 1973, hearing prior to the competent public body. Article 20.-Collective management systems. Producers who assume their obligations collectively must do so by means of the constitution or incorporation into a legal person who does not distribute profits among their associates, who will be responsible to the authority. This legal person shall have the sole purpose of managing the waste of the priority products, and in no case shall it be understood as an organisation of public interest for the purposes of Law No 20,500. It must also be made up exclusively of producers, unless the respective supreme decree allows the integration of distributors or other relevant actors. In the event of non-compliance with the obligations laid down in the framework of the producer's extended liability, each producer shall respond to the collective system which it incorporates, in proportion to the targets applied to it. Without prejudice to the rules applicable to the legal person in question, the statutes must ensure that any producer of the respective priority product is incorporated, on the basis of objective criteria, and the equitable participation of producers, who ensure access to information and respect for free competition, and may provide remuneration for their directors. Producers shall finance the costs incurred by the said legal person in the performance of their duties, on the basis of objective criteria, such as the quantity of products marketed in the country and the composition or design of such products. products, in accordance with the provisions of the supreme decree establishing the targets and other associated obligations of each priority product. In the event of the extinction of the legal person, their assets shall be transferred to another collective management system or to the associated producers, according to their statutes. Article 21.-Individual management systems. Producers who assume the fulfilment of their obligations individually may contract directly with authorised and registered managers. Article 22-Obligations of the management systems. Any management system shall: (a) constitute and maintain in force security or other security to ensure compliance with the obligation referred to in point (c) of Article 9 (c), as provided for in the supreme decree establishing the goals and other obligations associated with each priority product, only in the case of a collective management system. b) To conclude the necessary agreements with registered and authorized managers, municipalities and, or municipal associations with legal personality in the terms established in Articles 24 and 25. c) Deliver to the Ministry the progress or final reports, through the Registration of Emissions and Transferences of Pollutants, on the fulfillment of the goals and other associated obligations, in the terms established in the respective decree supreme. The Superintendence may require that the reports be certified by an external auditor. The final compliance report shall contain at least the quantity of priority products placed on the market by the producers that make up the system in the country in the immediately preceding period; a description of the activities carried out; the cost of waste management, in the case of an individual system, and the fee corresponding to the cost of waste management and its calculation formula, in the case of a collective system; and the fulfillment of the collection targets and recovery, as well as the associated obligations, if applicable. (d) to provide the Ministry or Superintendence with any additional information required by them, concerning compliance with the obligations established in the framework of the producer's extended responsibility. Article 23.-Municipal permit for the use of national public goods. Without prejudice to the conclusion of an agreement in accordance with Article 25, the authorized management systems may request the municipality concerned for a non-precarious permit to use verandas, plazas, parks and other national goods for use. public for the establishment and, or operation of reception and storage facilities. The antecedents to apply for the permit, the applicable rights and the operating conditions shall be established by municipal ordinance, without prejudice to the health authorization referred to in Article 35, in relation to the handling and disposal. of hazardous waste. The municipality shall grant the permit on the basis of the permit if it is established that its exercise does not impair the principal use of the goods and complies with the provisions of the respective supreme decrees, municipal ordinances and planning instruments. territorial. The period of leave may not be less than five years. The establishment, operation and maintenance of reception and storage facilities shall be the responsibility of the producer or his management system. Article 24.-Conventions with managers. Management systems may only contract with authorised and registered managers. To this end, the collective management systems must carry out an open invitation to tender, that is, a bankruptcy procedure, whereby the respective management system carries out a public call through its electronic site, calling on those interested in making proposals for a waste management service, subject to the fixed bases. The tendering bases must be delivered free of charge to the base recyclers who are interested in participating. The collection and treatment services shall be tendered separately. In the case of collection, the contracts must be A maximum duration of five years. The collective management systems must have a report from the Court of Defense of Free Competition stating that there are no rules in these bases that prevent, restrict or impede free competition. Tenders shall be in accordance with the terms laid down in that report. Collective management systems, where they so require, shall request the Ministry to be exempted from an open invitation to tender for justified reasons, such as the absence or inadmissibility of interested parties; emergency cases; urgency or unforeseen; circumstances or characteristics of the convention which so require and in the case of the hiring of base recyclers. This shall not apply where the managers are municipalities or associations of municipalities with legal personality, where they shall be governed by the provisions of the following Article. Article 25.-Conventions with municipalities. Management systems may conclude agreements with municipalities or associations of municipalities with legal personality, intended for separation at source, selective collection, establishment and, or operation of, facilities for the reception and storage of waste of priority products, or the execution of other actions that facilitate the implementation of this law in its communes. Municipalities or associations of municipalities may execute such conventions directly or through third parties, where they shall be subject to the requirements of Article 24, without prejudice to Law No 19,886, of Bases on Contracts Supply and Service Delivery Administration. Any differences that arise in relation to the agreements referred to in the preceding paragraph may be submitted to the knowledge of an arbitrator who shall have the character of an arbitrator in accordance with the provisions of the Organic Code of Courts. Article 26-Authorisation of management systems. The management systems shall be authorized by the Ministry, for which they shall submit, through the Register of Emissions and Transferences of Pollutants, a management plan containing at least the following: (a) The identification of the producers, their representatives and contact information. (b) the identification of the legal person, a copy of their statutes and the identification of the associates, in the case of a collective management system. c) The rules and procedures, in the case of a collective management system, for the incorporation of new partners and the functioning of the system, which guarantee respect for the rules for the defense of free competition. To ensure compliance with the above, it will be necessary to accompany a report of the Tribunal of Defense of the Free Competition that declares that in the rules and procedures, for the incorporation of new associates and operation of the system collective management, there are no facts, acts or conventions that can prevent, restrict or hinder free competition. d) The annual estimate of the priority products to be marketed in the country, average of their useful life and estimate of the waste to be generated in the same period. e) The strategy to achieve the fulfillment of the goals and other associated obligations throughout the national territory. f) The mechanism of financing of the operations of management and copy of the guarantee constituted, if applicable. (g) the tendering procedures, in the case of a collective management system. (h) The mechanisms for monitoring and controlling the operation of contracted waste management services. i) Procedures for the collection and delivery of information to the Ministry. (j) The verification systems for compliance with the plan. The purpose of the plan shall be to comply with the obligations laid down in this law and shall be valid for five years. The Ministry shall authorise those plans which would reasonably ensure their effectiveness in achieving this objective. The respective rules of this law shall establish the procedure, the requirements and criteria for the authorisation of the management systems, as well as the suitability requirements of the external auditors. The systems which are authorised shall be incorporated by the Ministry in the register referred to in Article 37. Article 27.-Renewal of the authorisation. The application for renewal of the authorization of the management system must be submitted to the Ministry, through the Registration of Emissions and Transferences of Pollutants, with at least six months in advance of the expiration of the respective plan of management. Otherwise, it shall be governed by the provisions of the preceding Article. Article 28-Update of the management plan. Any modification of the management plan shall be informed to the Ministry, through the Register of Emissions and Transferences of Pollutants, within three working days. Significant changes to the contents referred to in Article 26 (b), (c), (e), (f) and (g) shall require the authorisation of the Ministry, in accordance with the terms laid down in the Regulation. TITLE IV MECHANISMS FOR SUPPORT FOR EXTENDED PRODUCER RESPONSIBILITY Article 29.-Environmental education. The Ministry will design and implement environmental education programs, formal and informal, aimed at transmitting knowledge and creating awareness in the community about prevention in the generation of waste and its recovery, with relevance to the the territory where the programme is applied, where appropriate. The base recyclers and other managers, as well as the producers of priority products, will be able to collaborate in the implementation of such programs. Article 30.-Municipalities. In order to cooperate with the proper implementation of this law, the municipalities: (a) They may be able, individually or in association, to conclude agreements with management systems. (b) They may conclude agreements with basic recyclers. (c) They shall make a statement on the applications of the management systems for permits for the establishment and, or operation of reception and storage facilities in the public goods for public use under their administration, Article 23, in accordance with the provisions of Article 65 (c) of the Constitutional Organic Law of Municipalities, if applicable. d) They must incorporate in their municipal ordinances the obligation to separate the waste at source and encourage recycling, when the supreme decree establishing goals and other associated obligations is determined. e) Promote environmental education of the population on prevention in the generation of waste and its recovery. f) They can design and implement communication and awareness strategies. g) They can design and implement prevention measures in the generation of waste. The private toilet and ornato function of the municipalities cannot be invoked to prevent the management of the waste of priority products by the management systems. Article 31.-From the fund for recycling. The Ministry will have a fund to finance projects, programs and actions to prevent the generation of waste and to promote its reuse, recycling and other recovery, implemented by municipalities or associations thereof. This fund shall consist of: (a) the resources that the State receives for technical assistance or international cooperation. (b) The donations, inheritances and legacies it receives, which shall be exempt from the procedure of innuendo prescribed in Article 1401 of the Civil Code and any contribution or tax. (c) Transfers to be carried out by regional governments in accordance with their budget. d) The resources that the Public Sector Budget law will consult annually for this purpose. e) The resources assigned to it by other laws. f) In general, any other contribution from public or private entities, national or foreign, to any title. The Regulation shall contain at least the following matters: (a) Criteria for the assessment and selection of projects, programmes and actions, including the inclusion of base recyclers, the location or budgetary availability of the projects; the municipalities and the conclusion or implementation of agreements with management systems. b) Rights and obligations of the selected proposers. c) Delivery of control resources and procedures. Article 32.-Base Recyclers. The base recyclers registered in accordance with Article 37 may participate in the management of waste for the fulfilment of the targets. To register, they must be duly certified in the framework of the National System of Certification of Labor Competences established in law No. 20.267. Article 33.-Of the obligations of distributors and marketers. The supreme decrees establishing targets and other associated obligations may provide that distributors or marketers of priority products whose installations have a certain area shall be obliged to: 1. a management system for the establishment and operation of a reception and storage facility, in accordance with the provisions of the supreme decree. The operation of that facility shall be the responsibility of the management system. 2.-To accept at no cost the delivery of the waste of priority products that it commercializes on the part of the consumers. The obligation to accept delivery may not be made subject to the sale of a new product. 3.-To give free title to the respective management system, all waste received from consumers. Reception and storage facilities intended for this purpose shall not require a San (i) additional to that of the same establishment. Furthermore, any distributor and marketer of priority products whose producer is not assigned to a management system is prohibited, where public health or the conservation of the environmental heritage is at risk. Article 34.-Of the obligations of consumers. Every consumer will be obliged to give the residue of a priority product to the respective management system, under the basic conditions established by these and informed to all involved. Without prejudice to the above, industrial consumers may, by themselves or through authorised and registered managers, be able to use the waste of priority products they generate. In this case, they must inform the Ministry, through the Register of Emissions and Transferences of Pollutants, about the recovery carried out. Industrial consumers who generate a higher amount of waste than the one indicated in the supreme decree setting the targets and other associated obligations and do not comply with the provisions of the above will be punished in the conformity to this law. Article 35.-Health Authorisation. A regulation shall lay down the specific rules for a simplified procedure, the time limits, conditions and requirements for the health authorisation of the collection work and the facilities for the reception and storage of waste, dangerous and non-hazardous products, of priority products, developed by an approved and registered manager according to this law. Non-hazardous waste pre-treatment plants shall be subject to the provisions of the preceding paragraph. Article 36.-Permission of Edification. The General Ordinance of Urbanism and Constructions shall regulate a simplified procedure for obtaining building permits in respect of the facilities for the reception and storage of waste of priority products subject to the This law, which requires it. TITLE V INFORMATION SYSTEM Article 37.-Registration. The Register of Emissions and Pollutant Transfer, as referred to in Article 70 (p) of Law No 19,300, shall contain and allow for the management of information on: (a) the producers of the priority products. (b) the authorised management systems and their members. (c) distributors or traders of priority products, where appropriate. (d) the reception and storage facilities. (e) Authorised managers, including municipalities and associations of municipalities which have existing agreements with a management system, relating to the handling of waste of priority products, and to the base recyclers, in accordance with Article 32. f) Compliance with collection and recovery goals. (g) Any other information provided by the respective Regulation. The Regulation shall establish the content and operation of the Register, which shall ensure commercial and industrial confidentiality. The Ministry shall ensure that the information contained in the register is disseminated in an easy-to-understand language through its electronic site. TITLE VI REGIME OF TAXATION AND SANCTIONS Article 38-Taxation and monitoring. It will be up to the Superintendency to monitor compliance with the targets for the collection and recovery of waste from each priority product and the associated obligations, contained in the respective decree, as well as the operation of the management system, compliance with the duties of information and other obligations laid down in this law. Where the Ministry has a history of allowing an offence to be presumed, it shall refer them to the Superintendence and request the initiation of a sanctioning procedure. In order to verify compliance with the obligations set out in this law, the Superintendence may require information from waste managers, management systems, distributors or marketers, the Ministry of Health, the Service National Customs, Internal Revenue Service, municipalities, among others. Article 39.-Infractions. It will be up to the Superintendence to sanction the following violations, in accordance with the provisions of Title III of Title III of its Organic Law. They shall constitute serious infringements: (a) Do not register in the register provided for in Article 37. (b) Not having an authorised management system. c) To conclude agreements with managers in contravention of the provisions of Article 24. d) Deliver false information to the Superintendence or the Ministry. (e) Not to deliver the final report on compliance with the target for the collection and recovery of waste of priority products, within the time limit set in the respective decree. f) Deliver waste from priority products to non-registered managers to the Ministry. They shall constitute serious infringements: (a) Failure to meet the targets for the collection and recovery of waste of priority products. (b) Not to have the security or other security, as provided for in Article 22 (a). (c) Not to declare information under Article 6 (d) not to comply with the provisions of Article 8 (e). established in the supreme decree establishing targets for the collection and recovery of waste of priority products. f) Failure to comply with the information requirement made by the Superintendence. (g) Not to renew the authorisation of the management system. (h) make changes to the management plan without prior authorisation, where the plan is required in accordance with Article 28. (i) Not to deliver progress reports on the achievement of the targets for the collection and recovery of waste of priority products, within the time limit set in the respective decree. (j) Not to declare the information required by this law in due time, through the Register of Emissions and Transferences of Pollutants. (k) Failure to comply with the obligations laid down in Article 33. (l) Failure to comply with the provisions of Article 34 (3). They will constitute minor infractions: (a) Failure to provide the Ministry with additional information required. (b) Not to report changes to the management plan within the time limits laid down by law, in cases that do not require express authorization. (c) Failure to comply with the obligation to report under Article 11. (d) Failure to comply with the obligation to report under the second transitional article. Article 40.-Sanctions. Infringements of this law may be the subject of the following sanctions: (a) Assembly in writing. b) Multa of up to ten thousand annual tax units. The penalty to be applied to each infringement shall be determined, according to its seriousness, within the following ranges: (a) Serious infringements may be subject to a fine of up to ten thousand annual tax units. (b) Serious infringements may be subject to a fine of up to five thousand annual tax units. (c) Minor infringements may be subject to written warning or fine of up to a thousand annual tax units. Article 41.-Circumstances for the determination of the penalty. For the purpose of determining the specific penalties to be applied in each case, the following circumstances shall be considered: (a) The economic benefit of the infringer. b) Conduct of the infringer. (c) The economic capacity of the infringer, except in the case of the collective management system. Article 42.-Resources. Contrary to the resolution of the Superintendence that applies a sanction, the resources referred to in Paragraph 4 of Title III of its organic law will proceed. Article 43.-Civil liability. Without prejudice to the administrative penalties laid down in the law, the damage caused by the handling of hazardous waste shall be objectively liable for them. Article 44-Criminal liability for trafficking in hazardous waste. The person who exports, imports or handles hazardous waste, prohibited or not having the authorizations to do so will be punished with the lesser prison term in his or her minimum degree in the middle. If in addition the activity has generated some kind of environmental impact will be applied the increased penalty to a degree. Article 45 (h) of the decree with force of law No. 458, 1975, of the Ministry of Housing and Urbanism, which approves the General Law of Urbanism and Constructions, following the word "sanitary", the following sentence: ", for recycling or separation of waste at source". Article 46.-Amendments to the law on general environmental bases. Amend the law Nº19.300, on the General Environment of the Environment, in the following sense: (a) Add the following paragraph 6 ° a, following Article 48a: " Paragraph 6a of the certification, labelling and labelling Article 48b.-The Ministry of the Environment shall be responsible for granting certificates, labels or labels to public or private natural or legal persons, in respect of technologies, processes, products, goods, services or activities, which are voluntarily requested and comply with the criteria of sustainability and contribution to the protection of the the country's environmental heritage, according to the requirements laid down by the regulation. The regulation must also determine the procedure to which the granting of certificates, labels and labels will be subject. The Ministry may entrust technical entities with the verification of compliance with the requirements laid down in the Regulation. The accreditation, authorization and control of such entities shall be governed by the provisions of the regulation referred to in Article 3 (c) of the Law of the Superintendence. of the Environment. This Superintendence will be responsible for supervising the due compliance with the provisions of this article. The violation of this legislation will be sanctioned in accordance with the provisions of Title III of the Organic Law of the Superintendence of the Environment, and it is also authorized to revoke the certificate, label or label as a sanction. Without prejudice to the foregoing, the falsification or malicious use of the certificates, labels or labels shall be sanctioned in accordance with Articles 193, 194 and 196, as appropriate, of the Criminal Code. " (b) The following point shall be inserted: (a) to Article 70: " t bis) Grant certificates, labels or labels to natural or legal persons or legal entities, in respect of technologies, processes, products, goods, services or activities, which comply with the sustainability criteria and contribution to the protection of the country's environmental heritage, in accordance with the law. ' TRANSITIONAL PROVISIONS Article 1.-Certification of base recyclers. During the first five years of this law, the base recyclers may register without the certification required in Article 32. After this period has not been accredited to the Ministry, the registration shall expire. The Ministry will encourage the creation of a project of work skills aimed at the need for the base recyclers to acquire the skills, knowledge and skills needed to manage the waste according to the current regulations and enable them to obtain the certification required by Article 32. Article 2.-Obligation to report. As long as the supreme decrees establishing the targets and other associated obligations of each priority product do not enter into force, the Ministry may require the producers of the priority products referred to in Article 10 to report annually, through the Register of Emissions and Pollutant Transfers, the following: (a) The quantity of priority products placed on the market in the country during the previous year. b) Activities of collection, recovery and disposal carried out in the same period, and their cost. (c) the quantity of waste collected, recovered and disposed of in that period. (d) Indication of whether the management for collection and recovery activities is individual or collective. Such information shall be delivered for the first time within a maximum of 12 months from the date of publication of this law. Article 3-Deadline for issuing Regulations. The regulations referred to in this law shall be issued or updated, as appropriate, within a period of one year from the publication of this law. Article 4.-Fiscal expenditure. The greatest fiscal expenditure that the implementation of this law represents during the budget year of its entry into force will be financed from the budget item of the Ministry of the Environment. However, the Ministry of Finance, under the budget heading of the Treasury, may supplement this budget in the part of the expenditure that cannot be financed from these resources. In the following years it will be financed from the resources to be established in the respective laws of budgets of the Public Sector. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had the right to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, May 17, 2016.-MICHELLE BACHELET, President of the Republic.-Pablo Badenier Martínez, Minister of the Environment.-Jorge Burgos Varela, Minister of the Interior and Public Security.-Rodrigo Valdés Pulido, Minister of Finance.- Carmen Castillo Taucher, Minister of Health.-Paulina Saball Astaburuaga, Minister of Housing and Urbanism. What he communicated to his knowledge.-Marcelo Mena Carrasco, Undersecretary of the Environment. Constitutional Court Draft law establishing framework for the management of waste and extended responsibility of the producer, corresponding to the bulletin No. 9094-12. The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise preventive control of constitutionality in respect of Articles 16, 25 and 30 final paragraph 30 of the bill, and by judgment of 12 May 2016, in the cars Role No. 3020-16-CPR, It is resolved: 1.-That they are their own constitutional and constitutional organic law "Such a decree shall be claimed in the terms laid down in Article 16", contained in the Article 4 (4), fourth indent, and Articles 16, first and third points; 24, fourth indent; 26, second indent; 25, third indent, and 30, final indent, of the draft law under control. 2.-That no pronouncement shall be issued, for not dealing with matters of constitutional organic law in respect of articles 16, points 2 and 4; 25, points 1 and 2; 30, points (a) and (b), 42 and 44 of the draft law. Santiago, May 12, 2016.-Rodrigo Pica Flores.