Brazil: IBAMA publishes directive regulating the Annual Report of Potentially Polluting Activities and Users of Environmental Resources


In brief

Directive No. 22, of 22 December 2021, by the Brazilian Institute of Environment and Renewable Resources (IBAMA), which regulates the Annual Report of Potentially Polluting Activities and Users of Environmental Resources, came into force on 3 January 2022, revoking the previous consolidated directives.


IBAMA Directive No. 22/2021 revoked IBAMA Directive No. 6/2014 and amendments, so that as of 3 January 2022, the Annual Report on Potentially Polluting Activities and Users of Environmental Resources must be submitted to IBAMA in compliance with the new provisions. 

The new directive has now compiled and consolidated the potentially polluting and resource-using activities that require the submission of the report and the corresponding data to be presented. In addition, it has specified the cases in which not filing the forms is allowed.

Besides, the period established for submitting the annual report is between 1 February and 31 March of each year. The activities reported must have been carried out between 1 January and 31 December of the previous year.

The entities must fill out the forms available on IBAMA’s website, and it is necessary to be previously inscribed on the Federal Technical Registry of Potentially Polluting Activities and Users of Environmental Resources (CTF).

Among the provisions brought in the directive, it is important to stress the one that provides that even if the CTF registration has been terminated, the party legally responsible for the previously registered entity must submit the report concerning the period in which the activities subject to the report were carried out.

Our Environment, Consumer and Sustainability team is available to provide further clarification on the subject.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.


Author
Alexandre Salomão Jabra

Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations.

In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization.

In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code.

Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.



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