Allende & Brea – Estudio Jurídico

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

Transitory Regime of Traceability of Empty Phytosanitary Containers Type B

The Ministry of Environment and Sustainable Development, through Resolution No. 439/2022, approved the “Transitory Regime of Traceability of Empty Phytosanitary Containers Type B”, such regime will be in force until the implementation of the Single Traceability System created by Article 24 of Law No. 27,279, “Law of Minimum Environmental Protection Budgets for the management of empty phytosanitary containers”. Law of Minimum Environmental Protection Requirements for the management of empty containers of phytosanitary products”.

Prior to this Resolution, the aforementioned Ministry provided, regarding the transportation of this Type B of phytosanitary containers from the Transitory Storage Center (CAT) to the operators, only the need to comply with the requirements implemented by each jurisdiction; in strict compliance with the provisions of Law No. 24,449 “Traffic and Road Safety Law” and its amendments.

As from the enactment of this new Resolution, the transportation of empty phytosanitary Type B containers from the CAT to the operators must comply with the requirements defined for the transportation of hazardous goods established in Law No. 24.449 “Hazardous Waste Law” and its amendments. To this end, the obligation to have a bill of lading in accordance with the provisions of Article 9 of said regulation is incorporated, which shall specify the quantity and type of dangerous goods to be transported.

Operators authorized for the treatment of empty phytosanitary or similar containers, as well as those that may be authorized in the future, will require the document as the only documentation necessary to accredit the transportation of empty containers type B. Operators may be those who are currently authorized for the treatment of empty phytosanitary or similar containers, as well as those who may be authorized in the future, and must prove compliance with the provisions of Law No. 27,279 and its complementary regulations.

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

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