The Environment and Sustainable Development Ministry, throughout Resolution No. 439/2022, approved the “Transitory Regime of traceability of Type B Empty Phytosanitary Containers”, such regime will be in force until the implementation of the Single Traceability System created by Section 24 of Law No. 27,279, “Law of Minimum Environmental Protection Budgets for the management of empty phytosanitary containers”. Ley de Presupuestos Mínimos de protección ambiental para la gestión de los envases vacíos de Fitosanitarios”.
Prior to this Resolution, the beforementioned Ministry foresaw, 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“Law of Traffic and Road Safety” and its amendments.
As from the dictation 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 do so, it incorporates the obligation to have a bill of lading in accordance with the provisions of Section 9 of such regulation, which shall specify the amount of containers transported expressed in units.
The operators authorized for the treatment of empty phytosanitary or similar containers, as well as those that may be authorized in the future, shall require the document, as the only necessary documentation to accredit the transport of empty type B containers. Operators may be those who are currently authorized to treat empty phytosanitary or similar containers, as well as those who will be authorized in the future, and must prove compliance with the provisions of Law No. 27,279 and its complementary regulations.
This report should not be considered as legal or any other type of advice by Allende & Brea.
