Ministry of Environment will receive information to regulate photovoltaic panels under the REP Law until December 22nd.

On November 30, 2023, Exempt Resolution No. 1,268 of 2023 of the Ministry of the Environment (“MMA”) was published in the Official Gazette, which “Initiates the public information period to receive the necessary information to regulate photovoltaic panels in the proposed Supreme Decree that establishes goals for the collection and recovery and other associated obligations of batteries and electrical and electronic equipment, in accordance with the provisions of Article 39 of Law No. 19,880“. (“Resolution“).

Batteries and electronic and electrical devices are one of the priority products established in Law No. 20,920, which establishes a framework for waste management, extended producer responsibility and the promotion of recycling (“REP Law“).

En razón de ello, el MMA debe establecer metas de recolección y valorización de las pilas y aparatos electrónicos introducidos al mercado nacional por los respectivos productores, junto con otras obligaciones, mediante un Decreto Supremo (“DS”), cuyo procedimiento de dictación está en trámite.

The Preliminary Draft of said DS was approved through Exempt Resolution No. 207 of 2022 of the MMA. During its public consultation process, it received a series of observations that questioned the fact that photovoltaic panels have not been considered by the MMA as a product subject to the collection and recovery goals. The observations were due to the volume of panels that are currently being installed, the fact that they have had a shorter than estimated useful life, and the presence of heavy metals and other substances hazardous to health and the environment.

Therefore, the Resolution orders the opening of a period of 15 working days for any interested person to provide information to analyze and evaluate alternatives to include photovoltaic panels as a product subject to the collection and recovery goals of the REP Law. The background information must be related to any of the following categories, according to the details indicated in the Resolution:

1. Identification of the market of photovoltaic panels entering the national territory.
2. Updated data related to the generation of photovoltaic panel waste.
3. Identification of the management of photovoltaic panel waste at national and international level.
4. Possible calculation mechanisms for the establishment of collection and recovery goals.
5. Proposals of associated obligations for the different actors regulated under the REP Law.

The observations must be substantiated and submitted via e-mail to panelesrep@mma.gob.cl until Friday, December 22, 2023. The information collected will be part of the public file of the procedure for the issuance of the respective DS of goals.

We hope that this information is useful to you, and we remain at your disposal to clarify and/or complement any aspect of it.