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COLLECTION, RECOVERY TARGETS AND OTHER RELATED OBLIGATIONS FOR BATTERIES AND ELECTRICAL AND ELECTRONIC EQUIPMENT

On May 7, 2026, Supreme Decree No. 22, dated July 17, 2025, issued by the Ministry of the Environment, was published in the Official Gazette, establishing collection and recovery targets and other related obligations for batteries and electrical and electronic equipment (“DS No. 22/2025”).

The following are some of the key aspects of DS No. 22/2025.

Scope of Application

The decree applies to batteries and electrical and electronic equipment (“EEE”) introduced into the national market. EEE is classified into three categories: • Temperature exchange equipment (“TEE”), such as refrigeration equipment, air conditioning systems, and radiators; • Photovoltaic panels (“PV Panels”); and • Other EEE. Batteries constitute a single separate category.

Excluded from the extended producer responsibility regime are, among others, EEE intended for national security purposes, industrial tools, and large-scale fixed installations. Additionally, producers qualifying as microenterprises under Law No. 20,416 are exempt from collection and recovery targets, without prejudice to their obligation to provide information.

Management Systems and Large Collective Management Systems

Management systems are the mechanism through which producers of batteries and/or EEE must comply with their obligations by organizing and financing the nationwide collection and recovery of waste. Such systems may be individual or collective and must operate pursuant to a management plan approved by the Ministry of the Environment.

Large Collective Management Systems (“GRANSIC”) are collective systems composed of 20 or more unrelated producers and are subject to enhanced obligations, including: • Territorial coverage requirements (based on municipal population); and • Mandatory household collection services.

Gradual Collection and Recovery Targets

The decree establishes three differentiated targets, with percentages that increase annually:

General target for batteries and EEE (excluding PV Panels): from 3% in the first year to 45% from the tenth year onward.
Specific target for TEE: no target during the first two years; thereafter increasing from 6% in the third year to 30% from the ninth year onward. This target is additional to the general target.
Specific target for PV Panels: no target during the first two years; thereafter increasing from 10% in the third year to 50% from the tenth year onward. Compliance must be achieved exclusively through PV Panel waste.

Obligations Applicable to Retailers of Batteries and/or EEE

Commercial establishments with a total public sales area exceeding 400 m² must enter into agreements with a management system to enable reception and storage points for the free delivery of waste batteries and EEE by consumers.

Entry into Force and Transitional Provisions

DS No. 22/2025 entered into force upon its publication in the Official Gazette on May 7, 2026, except for Titles III (collection and recovery targets) and IV (related obligations), whose entry into force is deferred for 24 months following publication. This is without prejudice to the transitional provisions establishing a gradual implementation regime and early obligations applicable to producers, management systems, and industrial consumers.

For further information regarding this matter, please contact: Javier Naranjo – jnaranjo@jdf.cl Andrea Gallyas – agallyas@jdf.cl Martín Esser – messer@jdf.cl María Paz Valenzuela – mpvalenzuela@jdf.cl Javiera Rodríguez – jrodriguez@jdf.cl

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