Colombia Regulatory News

On May 31, 2022, the Colombian Ministry of Commerce (MINCIT) officially launched the Online Portal for Chemical Substances for Industrial Use. The Online Portal will be the main instrument for the ind...

On May 31, 2022, the Colombian Ministry of Commerce (MINCIT) officially launched the Online Portal for Chemical Substances for Industrial Use. The Online Portal will be the main instrument for the industry to submit chemical information to the authorities, as foreseen in the recently approved chemical framework (Decree 1630/2021).

Decree 1630 is Colombia's most recent and comprehensive chemical policy, enacted in November 2021. The creation of a National Chemical Inventory is among the future instruments intended to improve chemical management. The Inventory, in turn, will be populated with existing chemicals and their respective characteristics.

Manufacturers and importers dealing with chemicals identified as hazardous by the GHS in amounts over 100 kg per annum will be required to submit data to the Online Portal, referred to as the notification process. Necessary information comprises the manufacturer/importer details, substance name, CAS number, hazard classification, uses, and specific amounts. The deadline for chemical notifications is May 30, 2025.

In this first notification deadline, manufacturers/importers shall submit information related to chemicals and amounts for the years 2022, 2023, and 2024. From 2025, manufacturers/importers will be required to submit information for the previous fiscal year, i.e., chemical amounts produced or imported into Colombia. This means that manufacturers/importers must submit updates every once a year, where the notification for 2026 is related to the amount of produced or imported chemicals in 2025.

Further details about the Online Portal and the notification process are available once the business registers into the notification portal. Unfortunately, the notification portal is currently only accessible for those businesses with tax identification numbers in Colombia.

On July 1, 2022, the Colombian Congress had the last and most important discussion about plastics among products – and reached a consensus on an official prohibition of single-use plastics. The verd...

On July 1, 2022, the Colombian Congress had the last and most important discussion about plastics among products – and reached a consensus on an official prohibition of single-use plastics. The verdict is a combination of two bills present in Congress, Bill number 10 and 274, both introduced in 2020.

According to the new legislation, products containing single-use plastics are prohibited from being manufactured, imported, exported, marketed, and distributed within Colombia. In addition, the legislation mandates a usage reduction and progressive replacement of single-use plastics.

In summary, the legislation has expressively forbidden 13 single-use plastics which are:

• Bags and bag rolls used to pack, load, or transport packages, goods, newspapers, magazines, clothes, food, etc.
• Stretch film for bulk food packaging and foils or bubble films used as wrapping to protect objects.
• Plates, trays, knives, forks, spoons, glasses, and gloves for eating, including mixers and straws.
• Packing and containers to contain or carry food for immediate consumption.
• Sheets or tablecloths to serve, pack, wrap or separate food for immediate consumption.
• Plastic holders for cotton buds or flexible swabs with cotton tips.
• Plastics used in the construction sector to protect glass, doors, tiles, and bathroom accessories.

The legislation has different enforcement dates determined by the product category, use, and type. For example, the ban of plastic bags and cutlery will be in force from January 2025  while for plastic holders and swabs, January 2026.

It is worth mentioning that some single-use plastics are exempted from the requirements and prohibitions. This exemption is for plastics that are used in animal, processed and wet foods, medical practices, and health care activities.

Furthermore, the Ministry of Environment is expected to prepare and issue a regulation on the requirements and certification of products with non-plastic material to replace single-use plastic items within 12 months.

Colombia officially joined the Organisation for Economic Co-operation and Development (OECD) in April 2020 despite not complying with all instruments required by the organization at the time. In this ...

Colombia officially joined the Organisation for Economic Co-operation and Development (OECD) in April 2020 despite not complying with all instruments required by the organization at the time. In this respect, Colombia has been working to develop post-accession mechanisms since then.

In a recent OECD report, the organization complemented Colombia for its progress towards the remaining instruments. Out of 75 required OECD instruments, Colombia joined the organization with 22 lacking/partially covered implementation gaps and 11 involving chemicals. Over these two years since Colombia's ascension, the country advanced 17 environmental commitments already approved by OECD.

Panning to the chemical sector, Colombia has advanced on nine out of 11 compulsory instruments. This involves the recently adopted national framework for chemicals enacted by Decree 1630 in November 2021, becoming the second country in Latin America to present solid guidelines for chemicals.

Decree 1630/2021 targets hazardous substances for industrial use identified by the Globally Harmonized System (GHS) of classification and labeling. The production, import, use, marketing, distribution, and transportation activities are requested to comply with the provisions. Consequently, manufacturers or importers of chemical substances over 100 kg per annum are required to submit information to the authorities. This information includes:

• Manufacturer or importer information
• Substance amounts manufactured or imported
• Substance identification, including CAS number
• Substance hazard classification in accordance with the GHS
• Identified substance uses

Decree 1630/2021 also establishes the national inventory of chemicals substances, imposes prioritization and risk evaluation on certain substances, requires risk reduction and management programs, and improves environmental and health chemical monitoring.

After four years of drafting the framework, Colombia finally promulgated a robust chemical management regulation. Decree 1630, published on November 30, 2021, sets the ground for implementing a na...

After four years of drafting the framework, Colombia finally promulgated a robust chemical management regulation. Decree 1630, published on November 30, 2021, sets the ground for implementing a national chemical inventory. 

Decree 1630/2021 targets hazardous substances for industrial use identified by the Globally Harmonized System (GHS) of classification and labelling. The production, import, use, marketing, distribution, and transportation activities are requested to comply with the provisions.  However, substances already addressed by existing regulations, unknown/variable composition, complex reaction products/of biological materials (UVCB), impurities, articles, polymers and monomers, intermediaries, and in customs transit are exempted. 

Consequently, manufacturers or importers of chemical substances over 100 kg per annum are required to submit information to the authorities. This information include: 

• Manufacturer or importer information 

• Substance amounts manufactured or imported 
• Substance identification, including CAS number 
• Substance hazard classification in accordance with the GHS 
• Identified substance uses 

The aforementioned information will be consolidated into the national inventory of chemical substances present in Colombia. This database will be used, among other things, to identify priority substances and chemicals requiring a risk assessment.   

Overall, the new framework for industrial chemical substances is a cooperation between the Ministries of Environment, Health, Labor, and Commerce. These Ministries will work together to implement and make the national inventory operational with a 6-month deadline, additionally providing further instructions on data submission. The submission of information to the national inventory becomes mandatory within three years from the publication of such guidelines. 

See Decree 1630 (in Spanish) 

Last update: 2021-12-17

Colombia incorporated GHS guidelines in 2018 based on the Decreto 1.496/2018. The regulation provides guidance for ministries to implement the standard in each sector. In 2021, the Ministry of L...

Colombia incorporated GHS guidelines in 2018 based on the Decreto 1.496/2018. The regulation provides guidance for ministries to implement the standard in each sector. In 2021, the Ministry of Labor is the first sector to adopt GHS under Resolución 0773/2021. 

Colombia government’s attitude toward GHS implementation has been vague until now. This first adaptation can be seen as a confirmation of the country’s adaptation of GHS at the sector’s level.  

Almost a year after the public consultation, the Ministry of Labor had agreed on the following aspects of GHS implementation:

• GHS 6th version (2015) adoption
• Follow the European CLP for labeling size
• SDS and label mandatory in Spanish
• Organizations shall keep and personal chemical inventory updated
• Chemicals’ labels must have a 27/7 emergency toll-free contact

The adaptation period differs for substances and mixtures. Substances have 24 months transitional period, while mixtures count 36 months.

Other ministries are still waiting to countersign the guidelines including the Ministries of Health, Ministry of Agriculture and Ministry of Transport.

Colombia is one of the latest countries in South America to adopt the GHS standard. Despite its late adoption, Colombia is also advancing its national policy on chemical safety and management. In February 2021, Colombia has carried out a public consultation on the comprehensive management of industrial chemicals. Colombia’s chemical policy is expected to be forwarded by the recent adoption of chemical regulation in Chile, a close neighbor, and OECD member. 

Late Update: 2021-04-30

In 2020 Colombia became the third Latin American country to join the OECD. As a membership requirement, the country has to develop a chemicals management system, including chemical regulation. The che...

In 2020 Colombia became the third Latin American country to join the OECD. As a membership requirement, the country has to develop a chemicals management system, including chemical regulation. The chemical regulation draft named integral management of chemical substances for industrial use was posted in December 2020 and notified the World Trade Organization (WTO) on January 4, 2021. The new proposal is open for public participation until February 26, 2021. 

This draft is now under review from industries in Colombia, and the major concern is mostly related to registry requirements and hazard-based provision. Colombia's National Association of Industries (ANDI), for example, expressed their concerns over the chemical regulation presented in July 2020, specifically for the obligation to register the industrial chemicals.

Colombia's draft proposes establishing a national inventory. The current draft proposes that all substances manufactured or imported to Colombia which present at least one GHS hazard and exceed 100 kg/year would need to require information such as: 

• manufacturer/importer information; 
• annual production or import volume of chemical; 
• chemical substance identification (if applicable, CAS number); 
• identified uses. 

The latest draft scopes those substances identified and classified by the GHS, excepted those controlled by existing regulation, mercury and composed, natural substances, polymers, substances in customs transit, non-isolated intermediaries, and samples without commercial value.

In addition to the Inventory, a registry is foreseen as complementary data for those substances identified as priorities. The criteria for priority substances will be defined on further regulations. Those Importers and manufacturers that deal with 100 Kg of substance or more will have to conduct the environmental and health risk assessment and propose risk reduction and management plans. 

Colombia adopted the GHS 6th Edition in 2018, and it might be the first comprehensive chemicals management framework adopted in Latin America, ahead of Chile and Mexico. The draft is currently published for public consultation, and this might be the last step before the bill is introduced.

Update: 2021-01-29