Peru Regulatory News

Peru has been working on its national chemical policy at least since 2020. In recent months, Peru approached the United Nations Environment Programme (UNEP) for funding its implementation and enforcin...

Peru has been working on its national chemical policy at least since 2020. In recent months, Peru approached the United Nations Environment Programme (UNEP) for funding its implementation and enforcing mechanisms.

UNEP has been holding a special Chemical and Waste Management Programme since 2015 to support countries in developing effective frameworks for legislation and regulations addressing chemicals. Overall, the Programme has already funded projects in 57 countries worldwide.

Peru has filed a project request with a 30-month duration and financing of around 250 thousand dollars. In return, the country will disburse 134 thousand dollars, totaling about 384 thousand dollars. Peru is successfully expected to develop, adopt, monitor, and enforce the necessary activities to bring the national chemical legislation into practice with this amount.

In June 2020, the Ministry of Health drafted the sound national chemical management bill which was submitted for public comments until September 2020.  The Regulation and Control of Dangerous Substances proposes to classify and sort substances according to the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals, to create a national register of chemicals, to impose substances to health and environmental assessment, and provide risk management measures for hazardous substances. In addition, Peru intends to implement a certification for those who deals with chemicals (called sanitary authorization), which would have to be renewed every three years.

Another relevant point is the recent Organisation for Economic Co-operation and Development (OECD) discussion to evaluate Peru's membership. In Latin America, OECD plays a crucial role in developing each country's chemical regulations; for example, Chile and Colombia are the only countries in the region that have adopted comprehensive chemical regulations – and have actively participated in the organization since 2010 and 2020, respectively.

On November 18, 2021, the Ministry of Environment approved complementary provisions to Decree 9/2019, which is the current legislative instrument for the management and handling of Waste from Elec...

On November 18, 2021, the Ministry of Environment approved complementary provisions to Decree 9/2019, which is the current legislative instrument for the management and handling of Waste from Electrical and Electronic Equipment (WEEE). Decree 35/2021 brings obligations for lighting appliances and medical/laboratory equipment to an Extended Producer Responsibility (EPR) perspective. 

Altogether, WEEE is divided into 11 categories. Each Electrical and Electronic Equipment (EEE) category is exemplified below: 

The Ministry of Environment (MINAM) established an annual progressive collection goal per year for 2020-2024 according to WEEE categories calculated as an annual manufacturing/import average, considering the last 3 years as a baseline: 

Besides the recollection goals, the regulations also impose obligations to producers, distributors, marketers, and operators. It is relevant to note that: 

• Producers (whether manufacturer, assembler, or importer) are requested to submit a Waste Management Plan for Electrical and Electronic Equipment to MINAM. Additionally, producers must prepare an annual declaration, which must be submitted through the Information System for the Management of Solid Waste (SIGERSOL). It is also expected from the producer to take, free of charge, WEEE back from end-users, regardless of whether it is from a third-party generation.  
• Distributors and marketers are required to implement collection points for take-back articles, redirect collected WEEE to waste management schemes, and educate customers about the proper handling, segregation, and delivery on collection points.  
• Operators responsible for WEEE recovery plants are in charge of collecting, transporting, and recovering (dismantling/disassembling) WEEE. The operator's annual declaration is similar to the producer's declaration, yet, more detailed in terms of treated WEEE amounts, origin and categories. 

It is recommended for target groups under imposed responsibilities to align with the aforementioned obligations, consult integrally the legislations, and if necessary, request support from an advisory team. Finally, consumers also have the duty to cooperate. They can collaborate simply by retuning WEEE to a registered collection point among the various available in Peru.  

Last Update: 2021-12-20

On July 24, Peru’s Ministry of the Environment (MINAM) published Decree 18/2021. By this Decree, Peru creates the Pollutant Release and Transfer Register (RETC by its acronym in Spanish). The new...

On July 24, Peru’s Ministry of the Environment (MINAM) published Decree 18/2021. By this Decree, Peru creates the Pollutant Release and Transfer Register (RETC by its acronym in Spanish).

The new database constitutes a new informational tool for potentially harmful chemical products and substances. The purpose is to facilitate public access to information on releases and transfers of pollutants while contributing to decision-making processes on environmental management.

Since the new regulation is broad in scope, different economical activities are required to comply. It includes agriculture, mining, manufacture, suppliers, providers, transport, and storage facilities. A complete list of those who need to comply is displayed in Annex 1.

The report must include three parameters: chemical substances, their physicochemical characteristics, and total hazardous waste produced. Annex 2 give further details on such elements.

Altogether, the declaration content must have:

• Company information, operations, and processes
• Water and energy consumption
• Emissions amount (air, water, and soil)
• Sewage and waste amounts
• Company’s environmental practices and certificates

Declarants have until March 31st of each year to report. The declaration must be made once a year through the RETC digital platform.

The Decree foresees a 3-year adaptation period becoming mandatory in July 2024. Companies can still report voluntarily until then. The Peruvian authorities published a guideline to assist in reporting.

The initiative is linked towards enhanced chemical management in Peru. The Ministerial Resolution 439/2020, which proposes the National Regulation and Control of Dangerous Substances and the GHS adoption underwent public comments in September 2020. This may indicate a new version coming to light in 2021.