On November 11, 2024, Supreme Decree No. 47 was published in the Official Gazette, setting collection and recovery targets and other associated obligations for lubricating oils, one of the six priority products established under Law No. 20.920, which provides the Framework for Waste Management, Extended Producer Responsibility, and Promotion of Recycling, known as the REP Law.
Key aspects addressed by Supreme Decree No. 47 include:
Purpose: To establish collection and recovery targets and other obligations associated with the priority product of lubricating oils introduced into the national market, aiming to prevent waste generation and promote its recovery.
Definitions:
- Lubricating Oil: Mineral or synthetic oils that serve a lubricating function, such as engine oils, transmission oils, turbine oils, hydraulic oils, or others that, although serving different functions, have a similar chemical composition.
- Used Lubricating Oil or ULO: Lubricating oil that the generator discards or intends or is required to discard, according to current regulations.
Categories of Lubricating Oils: (i) Non-recoverable and (ii) Recoverable.
Producers Subject to Extended Producer Responsibility: Those introducing lubricating oils into the national market, regardless of whether the oils are integral to a vehicle or machinery of any type, such as original equipment oils, or whether they have been introduced separately as replacement lubricating oils. However, producers introducing 66 liters or less of lubricating oils per year or non-recoverable oils into the national market will not be subject to extended producer responsibility.
Collection and Recovery Targets for ULO (Used Lubricating Oil)::
Year | Goals |
First year | 50% |
Second year | 52% |
Third year | 54% |
Fourth year | 59% |
Fifth year | 64% |
Sixth year | 69% |
Seventh year | 73% |
Eighth year | 77% |
Ninth year | 81% |
Tenth year | 85% |
Eleventh year | 88% |
From the twelfth year onwards | 90% |
Industrial consumers: Depending on the ALU they generate, industrial consumers must choose between the following options: (i) delivering them to a management system; or (ii) valorizing them themselves or through authorized and registered managers.
Effective date: The provisions of the decree will take effect on the date of its publication in the Official Gazette, with the exception of Title III on ALU Collection and Recovery Targets and Title IV on Associated Obligations, which will take effect 24 months from the date of publication. Notwithstanding the foregoing, until the above titles come into effect, all lubricant oil producers must submit, annually through the RETC, the information specified in the second transitory article of the Law, regarding actions taken during the previous year.
For additional information on this matter, please contact: Javier Naranjo, jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl; María Paz Valenzuela, mpvalenzuela@jdf.cl; Javiera Rodríguez, jrodriguez@jdf.cl