In accordance with the single article to Law 9703 of July 15, 2019 "Addition of the article 42 bis, subsection d) to article 50 and Transitory Provisions XIII, XIV and XV to Law No. 8839, Law for Integrated Waste Management, of June 24, 2010, Law for the Prohibition of Expanded Polystyrene", the following exceptions are made:
- a)Cases where, for reasons of conservation or protection of the products, the use of alternative materials is not environmentally viable.
- b)Packaging for transport (embalajes) of household appliances and related items.
- c)Industrial uses.
- d)Uses in personal protective equipment, motorcycle and bicycle helmets.
- e)Uses in flotation equipment for aquatic rescue.
- f)Uses as thermal or acoustic insulation.
- g)Secondary packaging or packaging for transport (embalajes) for vaccines and medicines.
- h)Secondary packaging or packaging for transport (embalajes) for foods for special dietary uses (alimentos para regímenes especiales), infant formula (preparados para lactantes), and dietary supplements (suplementos a la dieta).
- i)Secondary packaging or packaging for transport (embalajes) for which the manufacturer/importer has a collection system and extended producer/importer responsibility (responsabilidad extendida del productor/importador) in accordance with Decree 38272-S, of January 7, 2014 "Regulation for the Declaration of Special Management Waste (Residuos de Manejo Especial)," and for which it has a current contract for treatment, valorization, recycling, or destruction through a waste manager (gestor de residuos) authorized by the Ministry of Health, or for energy recovery.
- j)Uses as products or finishes in construction projects, where the material is immobilized during the useful life of the building; and is required for its functionality.
In the case of producers or importers who wish to avail themselves of subsection a) of this article, they must submit an Application for Exemption from the Prohibition on the Use of Expanded Polystyrene (Solicitud de Exoneración de Prohibición del Uso del Poliestireno Expandido) using the form in Annex I of this regulation, (which may be submitted in printed or digital format); and in either format, it must be signed by the applicant in the case of natural persons; or by the legal representative in the case of legal persons. This document shall have the character of an Affidavit (Declaración Jurada), and must be submitted to the Directorate of Radiological Protection and Environmental Health (Dirección de Protección Radiológica y Salud Ambiental) of the Ministry of Health physically or sent by electronic mail to the following electronic address: [email protected], with the following information, which will serve as criteria for the decision on whether or not the exemption process proceeds:
1. Indicate if the product to be conserved or protected is of sanitary interest: food, cosmetics, biomedical equipment and material, medicines, pesticides for domestic and professional use, natural products with medicinal qualities, hygienic products, hazardous chemical products, or inks used for tattooing.
2. Material of the product's primary packaging and secondary packaging.
3. Risks to the user, third parties, or the environment if expanded polystyrene were not currently used.
Within a period of 10 business days, the Directorate of Radiological Protection and Environmental Health of the Ministry of Health shall issue an official letter addressed to the applicant indicating the reasons for the approval or denial of the application.
In the event the Application for Exemption from the Prohibition on the Use of Expanded Polystyrene is approved, said approval shall be valid for 2 years and may be renewed provided the same conditions that motivated the initial application persist. The two years begin to run from the notification of the approval of the exemption application to the interested party.
Said document must be attached by the applicant to the customs formalities before the Ministry of Finance during the validity period of the exemption.