Policy framework
Legal framework
Name:
- Legislative Decree N°1278 “Solid Waste Management Law” This legislative Decree was approved in 2017 by the Peruvian president.
- Law N°30884 “Law that Regulates Single-Use Plastic and Disposable Containers or Containers”, approved in 2018 by the Peruvian President.
- Supreme Decree N°003-2020-PRODUCE “Roadmap towards a circular economy in the industrial sector”. This Legal instrument was approved in 2020.
- London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Ratified by Supreme Decree N°022-2018-RE dated 17 June 2018.
- MARPOL (International Convention for the Prevention of Pollution from Ships)
- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, adopted by Legislative Resolution N°26234.
Brief description:
Legislative Decree N°1278 “Solid Waste Management Law” (hereinafter, LGIRS) was approved in December 2016. In December 2017, its Regulations were approved through Supreme Decree No. 014-2017-MINAM, and modified through Supreme Decree No. 001-2022-MINAM. The LGIRS recognizes the circular economy, extended producer responsibility and the recovery of solid waste, as principles in the comprehensive management of solid waste. Likewise, it indicates that MINAM is in charge of promoting public and private, municipal and non-municipal initiatives that contribute to the reduction of the generation and danger, valorization and proper management of solid waste, including plastic waste. It should be noted that under the current framework, the primary purpose of waste management is to prevent or minimize their generation at source. Secondly, the material and energy recovery and recovery of waste is preferred.
Law N°30884 “Law that Regulates Single-Use Plastic and Disposable Containers or Containers”
Law No. 30884 was approved on December 19, 2018. The Regulation of Law No. 30884 was approved on August 23, 2019 through Supreme Decree No. 006-2019-MINAM. Both regulatory instruments are intended for the consumption and production of single-use plastic goods to migrate to reusable, recyclable or biodegradable plastic goods in order to move towards a circular economy of plastic. This Law is framed in the principles and guidelines established in the LGIRS, especially in relation to the minimization, valorization and promotion of the circular economy, which will finally contribute to reduce the adverse impact on health and the environment due to the superfluous use of single-use plastic.
Supreme Decree N°003-2020-PRODUCE “Roadmap towards a circular economy in the industrial sector”. This Legal instrument was approved in 2020 by the Peruvian president as well. The roadmaps are instruments that seek to promote and facilitate the development and incorporation of circular economy models in value chains, and allow: 1) to include the issue on the sector’s agenda and promote a transversal view of the circular economy approach, 2) identify the needs of the sector to promote circular businesses, and 3) prioritize and execute actions to facilitate the development of value chains with a circular economy approach. The process of preparing the roadmaps includes the active participation of business associations, companies themselves, public institutions at the national and regional levels, academia, organized civil society and cooperation.
Measures
Measures |
Achievements |
Prevention and reduction of plastic waste generation |
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Charge for single-use plastic products (e.g. shopping bags, straws) |
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Names of actions: Targeted products: Brief description: |
We see a positive improvement from last two years Positive improvement – The Ministry of the Environment (MINAM) estimated a reduction in the consumption of singleuse plastic bags by 33%, in relation to the previous year, during the third year of the regulations. This statement is based on the information provided by the National Superintendence of Customs and Tax Administration. This reduction is equivalent to an approximate 11,53 million plastic bags that were not used. |
Actions for encouraging sustainable / circular product design | |
Names of actions: Brief description: The Ministry is developing an additional policy framework to better manage single-use plastic. The new framework will establish provisions to better identify the products by introducing common terminology, symbols, packaging, marking or labeling applicable to a product, process or production method, or others. |
We see a positive improvement from last two years Seventeen Clean Production Agreements were signed between the government and private companies. Seven of them have goals related to plastic management. |
Regulation on microplastics | |
Names of actions: Brief description: |
We see a positive improvement from last two years Comments: |
Measures |
Achievements |
Environmentally sound waste management |
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Enforcement of proper waste management system |
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Names of actions: Brief description: In addition, the Solid Waste Management Law 1501, including its updates, establishes a program in which everyone must sort-out the different materials at the source which is supported by a waste collection program for the different products. MINAM, in coordination with Ministry of Economy and Finance, through Goal 3: “Implementation of an integrated municipal solid waste management system” of the “Incentive Program for the Improvement of Municipal Management”, promotes that local governments (type A, B, C, D and E) implement a comprehensive management system of a comprehensive solid waste management system, prioritizing the recovery of organic and inorganic solid waste, in order to ensure the protection of health and the environment”. |
We see a positive improvement from last two years Currently, in Peru the daily solid waste production is approximately 22 505 tons, 61.3 percent of that goes directly to landfills. In the year 2016, 23’475 tons of solid waste were either compost or recycled. In 2019, the amount of solid waste that was recycled or composted increased to 84’063 tons. In 2020, the amount of recycled or composted solid waste, decreased to 59’021 tons because of the pandemic. In 2021, the amount of solid waste that was recycled or composted* increased to 148´496,63 tons.
* The amount of solid waste that was recycled or composted, includes organic and inorganic solid waste such as: plastic, glass, metal, cardboard, paper, among others. |
Prevention of littering, illegal dumping and unintentional leakage of waste into the ocean | |
Names of actions: Law N°30884 “Law that Regulates Single-Use Plastic and Disposable Containers or Containers”. Brief description: The Law also establishes the responsibilities of those whose products become part of the solid waste. In the other hand, Law 30884 prohibit the commercialization and use of single-use plastic such as plastic bags, plastic straws, plastic and expanded polystyrene food and drink containers in the following: (a) Natural Protected Areas |
We see a positive improvement from last two years In 2019, 53.4 percent of the solid waste ended up in a landfill. In 2020 it increased to 54.9 percent, and, in 2021, it increased to 61.3 percent. |
Measures |
Achievements |
Cleanup of marine plastic litter |
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Collection of scattered waste on beach |
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Names of actions: Brief description: 2) The objective is to raise public awareness of the impact of inadequate solid waste management on aquatic ecosystems, with the aim of reducing the amount of garbage present in the jurisdiction of the National Maritime Authority, such as the General Directorate of the Captains and Coast Guard. “ |
We see a positive improvement from last two years Comments: |
Measures |
Achievements |
Promotion of innovative solutions |
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Policy actions for encouraging plastic alternatives (e.g. biodegradable plastics, circular product design – including use of recycled materials or closed-loop recycling) |
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Names of actions:
Brief description: Law 30884 has also established the obligation to incorporate 15% recycled material in the composition of PET bottles for beverages for human consumption, cleaning and personal care, which came into force as of December 2021. The Clean Production Programs are instruments for the efficient use of materials and solid waste management, they are voluntary promotional instruments that aim to introduce in productive activities a set of actions that go beyond compliance with current legislation, of so that the conditions in which the owner carries out his activities are improved, in order to achieve the prevention or minimization of the generation of solid waste. The National Competitiveness and Productivity Policy was approve on 2018 (Supreme Decree N° 345-2018-EF). It aims to achieve the well-being of all Peruvians on the basis of sustainable economic growth with a territorial approach through the implementation of cross-cutting measures. In this context, the inclusion of the Circular Economy approach is promoted within Priority Objective N ° 9 called “Promote environmental sustainability in the operation of economic activities”. |
We see a positive improvement from last two years Approximately 13,000 tons of PET plastic waste were incorporated into production processes for new PET containers for food and beverages. |
Public-private partnerships for creating and implementing innovative solution | |
Names of actions:
Brief description: |
We see a positive improvement from last two years From 2018 to date, 17 Clean Production Programs have been signed with the companies, but seven of them have goals related to plastics:
Five of these companies have managed to achieve 100% of their goals, and have the recognition given by the Ministry of the Environment. |
Measures |
Achievements |
Education and awareness raising |
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Education system for encouraging public awareness on MPL issues |
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We see a positive improvement from last two years 97,363 users reached by the Program “The Environmental Hour”. 273 municipalities of 479 local governments nationwide, incorporate the promotion of responsible consumption of plastic within their activities. 33,838 environmental promoters were accredited and managed to benefit approximately 22,510,776 citizens. |
Awareness raising campaigns related to MPL | |
National level: Brief description:
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National level: We see a positive improvement from last two years Through the indicated and other complementary actions carried out by MINAM. From January 2019 to December 2021 there are the following achievements:
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Measures |
Achievements |
Monitoring & Scientific research on marine plastic litter |
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Actions for encouraging monitoring / scientific research on plastic flows and ocean surface microplastics |
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Names of actions: Brief description:
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We see a positive improvement from last two years |
Engagement in international/regional level actions for encouraging monitoring / scientific research on plastic flows and ocean surface microplastics | |
Names of actions: Brief description: Currently, the Peruvian Sea Institute (IMARPE) is participating in the research project “Reducing the impacts of plastic waste in the Eastern Pacific Ocean (Ecuador-Peru-Chile)”, with six universities in Chile, Ecuador, Peru and the United Kingdom, and which aims to reduce plastic dumping in the Eastern Pacific. Researchers from Peru and the United Kingdom co-lead the component related to “Understanding the impacts of microplastics on commercial fish species and products.” |
We see a positive improvement from last two years |
Challenges
- Recycling system improvement
- Proper waste management system (including lack of local capacity)
- Data collection related to waste in general
- Data collection related to marine plastic litter
- Lack of awareness among citizens, business, local governments
- Lack of financial incentives for waste treatment in general
- Lack of financial incentives for technology development
- Project delays due to COVID-19
Best practices
National level
MINAM has been promoting various instruments for the efficient use of materials and solid waste management, among which are the Clean Production Agreements on solid waste, which aim to introduce economic activities a set of actions that go beyond compliance with current legislation, in order to achieve the prevention, minimization and recovery of solid waste. Likewise, it promotes the efficiency and recovery of materials.
In this sense, there are currently 7 agreements signed between the Ministry of the Environment, the Ministry of Production and different companies (productive, extractive or service activities), with goals related to plastics:
- Sistema Coca Cola Perú (Coca Cola and Arca Continental Lindley),
- Unión de Cervecerías Peruanas Backus y Johnston SA,
- Koplast industrial SAC,
- Peruana de Moldeados SAC (Pamolsa),
- Natura Cosméticos SA,
- Cencosud Retail, and
- Embotelladora San Miguel del Sur SA.
Five of these companies have managed to achieve 100% of their goals, and have the recognition given by the Ministry of the Environment.
- On February 17, 2020, the Roadmap towards a Circular Economy in the Industry Sector was approved, which incorporates actions to promote circularity in the plastic industry and the implementation of Law No. 30884.
- In 2016, the Law of Comprehensive Solid Waste Management (LGIRS) was approved by Legislative Decree No. 1278, which introduces, among other principles, the recovery of solid waste, as well as the extended producer responsibility (REP) through the “Special Regime for prioritized goods wastes management”
- In this sense, the Ministry of the Environment promoted two regulations: Supreme Decree No. 009-2019-MINAM which approved the Special Regime for Electronic and Electrical Waste Management (2019); and Supreme Decree No. 024-2021-MINAM, which approve the Special Regime for end of life tires Management (2021). Currently, a diagnostic for packaging and containers is being elaborated with the financing of international cooperation, in order to propose an EPR scheme for this kind of wastes.
- From 2018 to 2021, MINAM implemented the “Model Eco-efficient Public Institutions Initiative” – EcoIP. In this framework, the capacities of 103 state administration entities were strengthened for the implementation of eco-efficiency measures and measures for compliance of the provisions of Law No. 30884. 89 public institutions carried out/participated in training on responsible consumption of plastic, 83 disseminated communication material about this matter and 62 developed a directive or guideline that encourages the reduction of plastic.
- The Ministry of Foreign Trade and Tourism (MINCETUR), during 2021, trained 387 tourism service providers in regulations regarding the reduction of single-use plastic, in areas such as the Huascarán National Park , Tingo María National Park, Pómac Forest Historical Sanctuary, in the Pacaya-Samiria National Reserve and in the regions of Junín, Pasco, Puno and the Machu Picchu Pueblo district of the Cusco region.
- Development and adoption of Peruvian technical standards through the exercise of the Secretariat of the Regulatory Technical Subcommittee (SCTN) of Eco-efficiency of the National Institute of Quality (INACAL) in charge of the General Directorate of Environmental Quality of MINAM. To date, 09 Peruvian technical standards have been developed related to plastics packaging and the environment, biodegradability, among others:
- MINAM developed the platform: “Registry of manufacturers, importers and distributors of regulated goods in Law No. 30884 – “REGIPLAST”, being available through the link https://app.minam.gob.pe/regiplast/ so that manufacturers, importers and distributors of single-use plastic goods can register and make the corresponding annual report.
Local level
“Source segregation Program” It is a technical instrument that must be prepared, approved and implemented by the provincial and district municipalities, through which, among other aspects, strategies are formulated to facilitate source segregation by generators of their jurisdictions and the design of the selective collection of usable solid waste (organic and inorganic), considering the results obtained from the Municipal Solid Waste Characterization Study (EC-RSM), as well as the definition of actions to guarantee the use of the solid waste generated in your jurisdiction.
Private sector
There are currently 7 agreements signed between the Ministry of the Environment, the Ministry of Production and different companies (productive, extractive or service activities), with goals related to plastics:
- Sistema Coca Cola Perú (Coca Cola and Arca Continental Lindley),
- Unión de Cervecerías Peruanas Backus y Johnston SA,
- Koplast industrial SAC,
- Peruana de Moldeados SAC (Pamolsa),
- Natura Cosméticos SA,
- Cencosud Retail, and
- Embotelladora San Miguel del Sur SA.
Five of these companies have managed to achieve 100% of their goals, and have the recognition given by the Ministry of the Environment.
International cooperation
Peru participates in the International Convention to prevent pollution by ships – MARPOL, the Convention on the prevention of pollution of the sea by dumping of waste and other materials – London Convention, the New Plastics Economy Global Commitment of the Ellen MacArthur Foundation (2019), Decision BC-14/12 under the Basel Convention to improve the control of transboundary movements of certain types of plastic waste (2019 ), the Presidential Declaration of the Pacific Alliance on the sustainable management of plastics (2019), the Charter of Plastics in the Oceans (2020), the Declaration of the Ministerial Conference on Marine Litter and Plastic Pollution (2021), the Steering Committee of the Regional Coalition for Circular Economy of Latin America and the Caribbean (2021), the Working Group on Marine Litter and Microplastic s in Latin America and the Caribbean (2021), among others.
Also, during the last two years Peru has shown a global leadership role in the fight against plastic pollution, with the development, together with Rwanda, of a draft resolution on a Global Agreement, the which was presented at the Fifth United Nations Environment Assembly (UNEA 5.2), and resulted in the adoption of the resolution UNEP EA.5/Res.14 “End plastic pollution: towards an international legally binding instrument”.
- Projects to improve and expand the integral management of solid waste in 31 municipalities.
- Electronic Waste Project Latin America PREAL (GEF)
- Sustainable recycling industries project phase II
- Diagnostic about the Special Regime for the Management of containers and packaging is being made with the financing of international cooperation.
- Project: “Support Peru in the Transition to a Circular Economy” (European Union)
Further information
- Ley de Gestión Integral de Residuos Sólidos, Decreto Legislativo 1278:
https://busquedas.elperuano.pe/normaslegales/decreto-legislativo-que-modifica-el-decreto-legislativo-n-1-decreto-legislativo-n-1501-1866220-2/ - Reglamento de la Ley de Gestión Integral de Residuos Sólidos:
https://busquedas.elperuano.pe/normaslegales/aprueban-reglamento-del-decreto-legislativo-n-1278-decreto-decreto-supremo-n-014-2017-minam-1599663-10/ - Ley N° 30884, Ley que regula el plástico de un solo uso y los recipientes o envases descartables
https://busquedas.elperuano.pe/normaslegales/ley-que-regula-el-plastico-de-un-solo-uso-y-los-recipientes-ley-n-30884-1724734-1/ - Reglamento de la Ley N° 3088, Ley que regula el plástico de un solo uso y los recipientes o envases descartables
https://busquedas.elperuano.pe/normaslegales/aprueban-el-reglamento-de-la-ley-n-30884-ley-que-regula-el-decreto-supremo-n-006-2019-minam-1800497-4/ - Reglamento Técnico sobre Bolsas de Plástico Biodegradables
https://busquedas.elperuano.pe/normaslegales/decreto-supremo-que-aprueba-el-reglamento-tecnico-sobre-bols-decreto-supremo-n-025-2021-produce-2017203-5/ - Hoja de Ruta hacia una Economía Circular en el Sector Industria
https://busquedas.elperuano.pe/normaslegales/decreto-supremo-que-aprueba-la-hoja-de-ruta-hacia-una-econom-decreto-supremo-n-003-2020-produce-1856966-1/ - Estrategia Perú Limpio
https://busquedas.elperuano.pe/normaslegales/aprueban-el-documento-peru-limpio-estrategia-de-educacion-resolucion-ministerial-no-122-2021-minam-1973760-1/
Contact details
Victoria Yolanda Rivera Chale, e-mail: vriverac@minam.gob.pe
Sergio Milovan Dinklang Lanfranco, e-mail: sdinklang@minam.gob.pe