News on Import and Export of Recovered Non-Hazardous Waste

Decree 1/2025 was published in the Official Gazette on January 3, 2025, implementing a new regulatory framework for the import and export of recovered industrial raw material at origin  and recovered non-hazardous waste. 

1.    Imports of recovered industrial raw material at origin

Any import operation of recovered industrial raw material at origin under local or international technical standards must:

(a)    have a health and environmental safety certificate, or a certificate of non-hazardousness, or a formal communication from the competent authority in the country of origin regarding the non-hazardousness of the recovered materials, or a sworn statement signed by the legal representative of the importer that assures that the recovered materials to be imported are not hazardous waste,
(b)    prove the importer's compliance with local or international technical standards on the characterization of raw materials and the production process where the material or method of direct use will be used.

The Argentine Undersecretariat of Industrial Policy must annually assess and grant authorization for imports of recovered industrial raw material at origin under local or international technical standards to be used as raw materials in another production process or as a product for direct use. The application will be considered approved after ten working days from the date of submission, unless the authority states otherwise.

2.    Import of recovered non-hazardous waste

Any import operation of recovered non-hazardous waste must:

(a)    Submit an import application in the form of a sworn statement, assuring that the recovered non-hazardous waste to be imported in not hazardous waste. This application must be submitted by the importer's legal representative.
(b)    Report the production process where the material will be used or, when required, provide evidence of the method or process of direct use.

These requirements also apply to the transit of recovered non-hazardous waste and industrial input materials recovered at source.
The Argentine Undersecretariat of Environment has the authority to carry out technical evaluation and issue authorizations for import and transit of non-hazardous waste recovered to be used as raw materials in a productive process or product of direct use, when batches to be imported do not have a specific technical standard.

3.    Importer's liability

In all cases, the importer must bear the cost of re-exporting the goods whose introduction, transit, and definitive or temporary import did not comply with the required regulatory standards, notwithstanding other applicable liabilities.

4.    Exports of recovered non-hazardous waste

Applications for export operations of recovered waste must be carried out before the Argentine Undersecretariat of Environment though a sworn statement signed by the exporter’s legal representative. This application must state that the prior informed consent procedure regulated in article 6 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal does not apply because:

(a)    the wastes to be exported are covered by Annex IX to the Basel Convention and do not contain hazardous materials in a quantity that confers one of the characteristics of Annex III to the Basel Convention,
(b)    the exporter has a note issued by the competent authority of the importing country stating that the material is considered raw material,
(c)    the waste to be exported is subject to the Green Control procedure in accordance with Appendix 3 of the Organisation for Economic Co-operation and Development (OECD) Council Decision on the Control of Transboundary Movements of Wastes Destined for Recovery Operations and has not been contaminated by other substances to an extent that it would pose a risk or impede its recovery in an environmentally-sound manner.

The application will be deemed approved after ten working days of submitting it, unless the authority states otherwise.

Exporting companies must keep the documentation, in physical or digital format, for at least two years as of the date of export.

5.    Other regulatory amendments

Finally, the Decree repeals Decree 392/2023 and Joint Resolution 6/2023 of the Ministry of Economy and the former Ministry of Environment and Sustainable Development . These rules had established restrictions on the import of recovered non-hazardous waste. 

Likewise, the Decree modifies article 3 of Decree 831/1993, which regulates the Hazardous Waste Law 24051, prohibiting the import, introduction, and transport of non-hazardous recovered waste that does not comply with the requirements established in the Decree for its import, and giving the Argentine Customs the authority to monitor compliance with said law, besides the intervention of the Argentine Undersecretariat of Environment when there are reasonable doubts regarding the categorization or characterization of waste.