Collection and recycling contracts in line with COP30: what to change

This article discusses the changes needed in collection and recycling contracts to align them with the COP30 targets, highlighting legal, environmental and operational aspects that are essential for the industrial and corporate sectors.

Contextualization of COP30 and its impacts on collection and recycling contracts

The Conference of the Parties (COP) 30 sets global targets to mitigate environmental impacts and promote sustainability. These guidelines have a direct impact on the contracts signed for waste collection and recycling, requiring legal and operational adjustments to meet the new requirements.

Current legislation and legal obligations for collection and recycling contracts

According to MMA Ordinance No. 280/2023, which regulates the National Solid Waste Management Information System (SINIR), contracts must include clauses that guarantee the traceability of waste and proven environmentally appropriate final disposal (sinir.gov.br). In addition, Law No. 12.305/2010 (National Solid Waste Policy - PNRS) imposes shared responsibilities between generators, transporters and recyclers, reinforcing the need for detailed and monitored contracts (planalto.gov.br).

Essential aspects for updating contracts according to COP30

To meet the COP30 targets, it is essential that collection and recycling contracts include:

• Digital monitoring and traceability: use of computerized systems for real-time monitoring of the collection, transport and recycling process;
• Environmental regularity: requirement for up-to-date licenses and compliance with state standards, such as those of CETESB (cetesb.sp.gov.br);
• Penalty clauses: for failure to meet sustainability and technical compliance targets, guaranteeing the effectiveness of commitments;
• Training and audits: provided for in contracts to ensure the continuous qualification of the teams involved and the periodic verification of operations;
• Use of clean technologies: include processes that minimize environmental impacts in recycling and transport.

Specificities in electronic collection and disposal

For electronic waste, the contractual arrangements must provide for specific procedures for correct copying, disposal and recycling, in accordance with CONAMA Resolution No. 401/2008 (gov.br). It is important to plan a certified electronic waste collection, guaranteeing proper treatment and respect for information security requirements. In addition, the safe disposal of hard drives and media must be authorized by contract, with clear references to sanitization standards for data protection, with emphasis on the process of safe disposal of hard drives.

Updating contractual compliance and legal impacts

It is essential that contracts reflect recent legal changes and the COP30 environmental goals in order to reduce legal and fiscal risks. The adoption of environmental compliance clauses and periodic audits contributes to compliance and avoids sanctions under the Brazilian Environmental Code and the PNRS (planalto.gov.br).

Conclusion

Collection and recycling contracts need to be revised to incorporate COP30 requirements, including digital monitoring, updated legal provisions, and specifics for electronic waste and information security. These changes ensure environmental, operational and legal compliance, bringing practices into line with global sustainability commitments.

The contracts need to be revised to incorporate COP30 requirements, including digital monitoring, updated legal provisions, and specifics for electronic waste and information security.