Policy Framework
National Action Plan
Name(Year):● National Plan to Combat Marine Litter (2019)
Brief description:
It is under revision to focus on plastic waste and resize objectives, goals and governance system.
In preparation
Name:● Plastic-free Ocean National Strategy
Brief description:
This national strategy is being drawn up, considering the legal framework for solid waste management, combating environmental pollution, as well as some inputs already described in other planning instruments, such as the 2019 National Plan to Combat Marine Litter (under review) and the Action Plan for preventing and reducing marine plastic litter from sea-based sources, designed with IMO support in 2022-2023. It is considering the full life cycle of plastic, adopting a “turn off the tap” approach, to curb marine plastic pollution.
Besides this, the national strategy elaboration process is promoting social participation and public awareness about plastic pollution impacts and its adverse effects on nature and human health. Workshops and webinars are being held to improve comprehensive social listening and enhance public awareness about this urgent issue. In addition, the interface between the other global crises such as biodiversity loss and climate change has been addressed.
Legal Framework
Brief description:
- The main legal national instruments are:
- Environment National Policy Law – Federal Law No. 6,938/1981.
- National Solid Waste Management Policy – Federal Law No. 12,305/2010. According to this law, it is forbidden to discharge any kind of debris into beaches, sea or any other water bodies.
- Federal Law No. 14,026/2020, updates the legal framework for basic sanitation. This law establishes as one of its principles that the provision of water supply, sewage disposal, urban cleaning and solid waste management services must consider public health, conservation of natural resources and protection of the environment.
- Environmental Crimes Law – Federal Law No. 9,605/2008 - This law considers it an environmental crime to either dispose of any kind of oil substances at odds with such law or to dispose of any kind of debris at beaches, at sea or in any other water resources.
- Decree No. 10,936/2022, regulates the National Solid Waste Management Policy – (Law No. 12,305/2010).
- Decree No. 11,043/2022, approves the National Plan to Solid Waste Management.
- Decree No. 11,413/2023, Establishes the Reverse Logistics Recycling Credit Certificate, the General Packaging Structuring and Recycling Certificate and the Future Mass Credit Certificate, under the scope of the reverse logistics systems referred to in art. 33 of Law No. 12,305, of August 2, 2010.
- Decree No. 11,414/2023, Establishes the Wastepickers Program for Popular Recycling and the Interministerial Committee for the Socioeconomic Inclusion of Wastepickers of Reusable and Recyclable Materials.
- National Environmental Council (Conama) Resolution No. 454/2012, establishes general guidelines and referential procedures for the management of the material to be dredged in waters under national jurisdiction and its final disposition.
- Normative Instruction MPA-MMA No. 12/2012, requires the identification of marine gillnet and trammel net fisheries.
- Decree No. 12,082/2024, Establishes the National Strategy for Circular Economy.
- Decree No. 12,106, Regulates the incentive for the recycling industry provided for in Law No. 14,260, of December 8, 2021.
- Brazil is also Party to the following international conventions:
- London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC-72) – Decree No. 87,566/1982;
- United Nations Convention on the Law of the Sea (UNCLOS) - Decree No. 99,165/1990;
- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal – Decree No. 875/1993.
- MARPOL (International Convention for the Prevention of Pollution from Ships) - Decree No. 2,508/1998;
In preparation
Name:● Decree establishing reverse logistics for plastic packaging discarded by consumers
Brief description:
The Decree assigns responsibility to each participant in the supply chain (including manufacturers, traders, importers, and distributors) and establishes collection targets, recycled content objectives, and forecasts for the socio-economic inclusion of recyclable materials collectors
Indicators and/or Targets
No
Technical Standards, Guidelines and Methodologies
Topics: -
Measures
Measures across Value Chain
- Actions for encouraging sustainable / circular product design
- Policy actions for encouraging plastic alternatives, recycled materials at production stage.
- Steps taken towards restricting microplastics in products.
- Reduce single-use plastic (shopping bags, straws etc.) by regulations or voluntary measures
- Introduce Extended Producer Responsibility (EPR)
- Improve waste management and recycling system
- Promoting plastic waste re-use, recycling and recovery opportunities
- Install capturing trap/filter on drainage/river
- Conduct clean-up activities in rivers / wetlands / beaches / coasts / coral reefs / sea floor, involving local communities
Product Specific Measures: ALDFG
- Taken/to be taken National Level Action and/or Community Level Action on Clean sea initiatives including ghost net retrieval, ocean-bound plastics etc.
- Taken actions for preventing abandoned, lost and discarded fishing gear (ALDFG) being generated.
- Created/creating collection/recycling mechanism for ALDFG
Partnership and Innovation
- Boost multi-stakeholder involvement and awareness-raising
- Encourage / Incentivize action by private sector companies to reduce / sustainably manage their plastic waste.
- Encourage public awareness on MPL issues through formal education system and/or curriculum
- Promote innovative solutions through Research & Development
Monitoring, Data Management, Understanding Flow of Plastics/MPL
- Conduct Life Cycle Assessment (LCA) of plastic products. What are the challenges if LCA is not conducted?
- Conduct Material Flow Analysis (MFA) on plastics. What are the challenges if MFA is not conducted?
- Conduct monitoring / estimation / scientific research on leakage of plastics/microplastics to the natural environment and/or flow of ocean surface. What are the challenges if these actions are not conducted?
International Collaboration
| Measures across Value Chain | |||||||||||||||||||||
| Actions for encouraging sustainable / circular product design (example: improved durability, reparability, recyclability, reduction of material use per product…etc.) | Yes | ||||||||||||||||||||
|
Specific Measures: |
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| Policy actions for encouraging plastic alternatives, recycled materials at production stage. | - | ||||||||||||||||||||
| Steps taken towards restricting microplastics in products. | No | ||||||||||||||||||||
| Reduce single-use plastic (shopping bags, straws etc.) by regulations or voluntary measures (such as ban, levy, others) | In Preparation | ||||||||||||||||||||
|
■ Regulatory Measures (ex: production ban, Ban on use..etc): |
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| Introduce Extended Producer Responsibility (EPR) | Yes | ||||||||||||||||||||
|
Specific Measures:
|
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| Improve waste management and recycling system | Yes | ||||||||||||||||||||
| Promoting plastic waste re-use, recycling and recovery opportunities | Yes | ||||||||||||||||||||
|
Specific Measures: |
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| Install capturing trap/filter on drainage/river | No | ||||||||||||||||||||
| Conduct clean-up activities in rivers/ wetlands/ beaches/ coasts/ coral reefs/ sea floor, involving local communities involving local communities | Yes | ||||||||||||||||||||
| Product Specific Measures: ALDFG | |||||||||||||||||||||
| Taken/to be taken National Level Action and/or Community Level Action on Clean sea initiatives including ghost net retrieval, ocean-bound plastics etc. | No | ||||||||||||||||||||
| Taken actions for preventing abandoned, lost and discarded fishing gear (ALDFG) being generated. | No | ||||||||||||||||||||
| Created/creating collection/recycling mechanism for ALDFG | No | ||||||||||||||||||||
| Partnership and Innovation | |||||||||||||||||||||
| Boost multi-stakeholder involvement and awareness-raising | Yes | ||||||||||||||||||||
|
Specific Measures: 2- Online course: Conscious behavior in the coastal and marine zone: combating marine litter. 3- Awareness-raising and informative materials. The Practical guide for Beach, River and Mangrove Cleanups booklet is available at: |
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| Encourage/ Incentivize action by private sector companies to reduce/ sustainably manage their plastic waste. | No | ||||||||||||||||||||
| Encourage public awareness on MPL issues through formal education system and/or curriculum for | No | ||||||||||||||||||||
| Promote innovative solutions through Research & Development (e.g., subsidy program, investment fund etc.) | No | ||||||||||||||||||||
| Monitoring, Data Management, Understanding Flow of Plastics/MPL | |||||||||||||||||||||
| Conduct Life Cycle Assessment (LCA) of plastic products. What are the challenges if LCA is not conducted? | No | ||||||||||||||||||||
| Conduct Material Flow Analysis (MFA) on plastics. What are the challenges if MFA is not conducted? | Yes | ||||||||||||||||||||
|
Scope: ■ Local Called Waste Flow Diagram (WFD) and developed through a collaboration between GIZ, the University of Leeds, Eawag and Wasteaware, this methodology enables to quantify the sources of plastic leakage into the environment from the municipal solid waste management system and determine the eventual fate of this uncontrolled waste, like the amount of plastic which is transferred through storm drain systems and ends up being carried to the ocean. The results of the study will make it possible to identify the high-priority sources of plastic pollution and to quantify the effectiveness of applied interventions, avoiding plastic waste leakage into the environment. |
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| Conduct monitoring / estimation / scientific research on leakage of plastics/microplastics to the natural environment and/or flow of ocean surface. What are the challenges if these actions are not conducted? |
No | ||||||||||||||||||||
|
Scope: ■ Macro Plastics |
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| International Collaboration | |||||||||||||||||||||
| Participate in international cooperation through international organizations, multi-national groups, etc. | Yes | ||||||||||||||||||||
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Specific Measures:
2- GloLitter Partnerships Programme |
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| Support target region by your international cooperation initiatives/projects: | Yes | ||||||||||||||||||||
Challenges
■ Data collection related to waste in general
Specific Challenges:
Improve data collection, both provided by municipalities and through the reverse logistics systems.
Broaden the use of Transportation of Waste System (MTR, in Portuguese)
Implement the National Monitoring System to reverse logistics.
■ Data collection related to marine plastic litter
■ Lack of financial incentives for waste treatment in general
■ Lack of financial incentives for technology development
Best Practices
■ Private sector initiative
Description:
Private sector
The Sector Agreement for Reverse Logistics System for Packaging aims to ensure the environmentally appropriate destination of packaging in general. Through this agreement with Ministry of the Environment, manufacturers, importers, traders and distributors of packaging and products sold in packaging commit to working together to ensure environmentally friendly destination of the packaging they place on the market.
Technical cooperation agreement to carry out awareness campaigns on the proper disposal of packaging. Signed in 2022 between the MMA and the Brazilian Association of Soft Drinks and Non-Alcoholic Beverages (Abir). The implementation of the agreement began with the “Create this Habit” campaign, which aims to help society in the conscious disposal of packaging used at home.
Abir represents 71 non-alcoholic beverage manufacturers, which account for 90% of the market.
According to Abir, the associates recovered 23.6% of all packaging material used in the last two years, totaling more than 176 thousand tons. In the same period, R$ 16.7 million was invested in support programs for cooperatives of recyclable material collectors.
In addition, there are other important initiatives carried out by the private sector in Brazil, that are available through:
- http://www.plastivida.org.br/index.php/conhecimento/artigos-e-publicacoes?lang=pt
- https://www.coalizaoembalagens.com.br:6443/mapaTematicoTest.xhtml
- https://www.greeneletron.org.br/
- https://www.joguelimpo.org.br/institucional/index.php
- https://inpev.org.br/index
- https://www.reciclanip.org.br/
- http://www.abiplast.org.br/publicacoes/
- http://abree.org.br/sobre
- https://abividro.org.br/
- https://www.abralatas.org.br/
Contact Details
Name: Ana Paula Leite Prates and Eduardo Rocha Dias Santos
Position: Directors
Division: Ocean and Coastal Management Department and Waste Management Department
Organization: Ministry of Environment and Climate Change
Email: ana.prates@mma.gov.br and eduardo.dias@mma.gov.br
Recent Meeting
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