Santo Domingo, RD
After years of discussions and impasse between the chambers and committees that make up the National Congress, the bill for the comprehensive control of co-treatment of counterfeit waste from the Dominican Republic came out of the hands of the legislature at the end of July. executive for long-term enactment.
The law was eagerly awaited in the environmental sector, and expectations indicated that it would be enacted with “brevity. “But President Danilo Medina, shortly after a week of the end of his term of office, chose to finish the invoice sent to the Chamber of Deputies because two transitional provisions had to be changed.
Following the replenishment of government and members of any of the chambers of the National Congress, in addition to several periods in the Chambers for the coronavirus epidemic (Covid-19), the bill appeared to fall into the hollow of oblivion where it was maximum 15. after first appearing in 2004.
However, Environment Minister Orlando Jorge Mera announced on the country’s beach cleanup day that the law would be in place next week.
“Next week we will have the counterfeit waste law, which is crucial because, with it, the Ministry of the Environment will have legal force to sanction corporations that flood the market with plastics and other destructive products for the environment. “Jorge Mera reported.
Establishing
The invoice aims to save you the production of waste, identify the legal regime for its production and management, and advertise its reduction, reuse, recycling and other recycling bureaucracies, it also proposes infected soils, guarantee the right of all to an intelligent environment and protect the fitness of the population.
This law is implemented in the box of activities, processes and operations of waste forged from generation to reuse or final disposal, adding the various resources of its production in the economic, social and demographic sectors; it also includes the import and transit of waste into the country.
“As always, the law is what one would like, not ideal, but it is a legal text in which one can paint. From now on, the Chamber of Deputies will pass the law known to all,” the Environment Minister added. .
The preliminary draft, adopted on 23 July and forwarded to the President of the Republic, provides that permanent recovery and disposition programmes should be promoted while requiring relief in the use and distribution of plastic caps and foam materials.
“Once this law is passed, manufacturers of fon (foam), plastic sleeves and bottles must subscribe to an expanded express program of the manufacturer’s responsibility to safely recover, process and dispose of the waste generated. ), compounds must be incorporated into locally produced products in oxidized or biodegradable products”, the law states in one of its transitional provisions.
Each year, the Ministry of Environment and Natural Resources will have to examine the effect of foam removal and removal programmes, caps and plastic bottles.
The law states that a special public awareness programme will also be created, adding education in road, municipal and tourism police. A singles payment program will be printed for plastic budget recovery or hedges. Payment will be made by volume and applied to recyclers.
Why did you come back?
According to the document, dated August 7, President Medina says that Article 172(II)(8) will be amended, which has two drawbacks as it has some kind of privileges in favor of U. S. expresses or corporations for tons of counterfeit waste. Treaty.
“Retroactively and with no obvious time limit, the reference budget accepts as true with, and secondly, this leaves the administrators to accept as true with total discretion which of those managers pays,” the representative said in the document.
In addition, the time considers Article 172, Fraction II, no. 17, which provides that the incentives provided for in Article 43 of the Law shall be implemented to companies or administrators already constituted with at least the last 3 previous fiscal years.
“This provision would mean that neither leaders established one or two fiscal years earlier, nor those who are newly constituted after the entry into force of the law, will benefit from these incentives, in direct contradiction to the principles of the general and non-electroactive scope of the law. »
In addition, paragraph 11 of segment 172 of paragraph 8 and 17 was deleted, “to maintain the principles of legal certainty and irretroactivity of the law, as well as to ensure its general and equivalent application. “
On this occasion, the other councils of medina were made in the paragraph of Article 2, in order to expressly refer to the regulation of radioactive waste, since they are excluded from the scope of the law now observed.
In segment 4, do without terms and definitions that are used in the rest of the act, so they are necessary, among other recommendations.
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