Bill 16.

Ley
  • TypeBill
  • 16
  • FiledJuly 22, 2024

Summary.

The bill proposes a legal framework to use natural resources more efficiently, reduce pollution from waste, and protect human health and the environment. Its purposes include reducing waste, plastic pollution and production related carbon emissions; recovering value from waste through reuse, recycling, repair and the return of containers; and promoting extended producer responsibility. It also addresses employment, entrepreneurship, access to financing, technical support, research, technology, education and consumption practices associated with the circular economy.

The bill defines circular economy, waste that cannot be recovered, ecodesign, water bottle refill station, raw material, reduction, extended producer responsibility, recycling, collection, recoverable waste, reuse and sustainability. It also defines extended importer responsibility for imported chemicals and their containers, and returnable containers or deposits. Its governing principles cover protection of nature, sustainability, design for circularity, minimal waste, renewable resources, efficient resource use, collaboration and the use of technology.

The Ministry of Environment (Ministerio de Ambiente), in coordination with the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias), the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario) and the Council for Monitoring and Compliance with State Agri-Food Policy (Consejo de Seguimiento y Cumplimiento de Política Agroalimentaria de Estado), would develop a National Strategic Plan for the Circular Economy, review and update it every 4 years, and include collection centers in the provinces of the Republic of Panama (República de Panamá). The Plan would set waste reduction, collection and recovery objectives; provide guidance on sustainable design and producer and importer responsibility; address partnerships, employment and training; include information on fiscal policies and the recycling fund; establish stages and compliance dates; and provide for reducing or eliminating burdensome administrative procedures.

In public procurement, the State would prioritize bids for sustainable goods and services or bids from companies applying circular economy measures, under the sustainable procurement provisions incorporated by Law 153 of 2020 into Law 22 of 2006. The Ministry of Commerce and Industries, advised by the Ministry of Environment, the Ministry of Health (Ministerio de Salud), the entity named Autoridad de la Micro Pequeña y Mediante Empresa, AMPYME, the Ministry of Agricultural Development and the academic sector, would establish mechanisms to encourage public and private investment in research, development and innovation. The Ministry of Commerce and Industries would also coordinate with the Micro, Small and Medium Enterprise Authority (Autoridad de la Micro, Pequeña y Mediana Empresa) and other participants to provide training and technical assistance for entrepreneurs. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas), together with other ministries, would propose tax incentives for individuals and legal entities engaged in the circular economy.

The Ministry of Education (Ministerio de Educación), working with the Ministry of Environment, the body named Ministerio de Comercio e Industria, the Ministry of Agricultural Development, the Ministry of Culture (Ministerio de Cultura), and educational, business and social organizations, would conduct awareness campaigns and environmental education programs. Together with the Ministry of Environment and the Panama Circular Economy Center (Centro de Economía Circular de Panamá), it would promote undergraduate and postgraduate programs, diplomas and similar training to develop entrepreneurial skills in the sector.

Articles 12 and 13 provide for adding paragraphs 58 and 59 to Article 2 of Law 153 of May 8, 2020, as referenced in the consolidated text of Law 22 of June 27, 2006, defining circular economy and sustainability. The proposed law would take effect on the day following its promulgation in the Official Gazette. Its provisions concern the named public institutions, producers and importers, government suppliers, entrepreneurs, academic institutions, environmental organizations, and the recycling, repair and waste management sectors.

What it proposes.

  • Circular economy and waste management.
  • Environmental planning, training and incentives.
  • Sustainability criteria in public procurement.

Who it would affect.

  • Public institutions responsible for implementing and coordinating the measures.
  • Producers and importers.
  • Companies supplying the State.
  • Entrepreneurs and individuals or legal entities engaged in the circular economy.

Key points.

  1. Sets environmental objectives and defines concepts and principles for the circular economy.Arts. 1-4
  2. Requires a national plan with provincial collection centers, targets, guidance, training and review every 4 years.Art. 5
  3. Requires priority in public procurement for sustainable bids or companies applying circular economy measures.Art. 6
  4. Provides for investment mechanisms for research and innovation, and training and technical assistance for entrepreneurs.Arts. 7-8
  5. Directs the preparation of proposed tax incentives for those engaged in the circular economy.Art. 9
  6. Provides for environmental education campaigns and promotes undergraduate and postgraduate programs and diplomas related to the circular economy.Arts. 10-11
  7. Adds definitions of circular economy and sustainability to the public procurement framework.Arts. 12-13
  8. Sets the effective date as the day following promulgation in the Official Gazette.Art. 14