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Executive Branch reviews law on solid waste management and includes dismantling of foam use in the Dominican Republic

SANTO DOMINGO. - The President of the Republic, Luis Abinader , reviewed the law on solid waste management, recently approved by the National Congress, with the aim of creating a balance that guarantees free enterprise and prioritizes the care of the environment and natural resources.

The modifications establish a 12-month period for the removal of single-use plastics and foam, as contemplated by the law, with the exception of plates with integrated lids in a single body for food popularly known as "laptop" and trays, because there are no economically competitive substitutes, so a period of 24 months was extended.

Similarly, a 12-month period was determined to begin non -biodegradable plastic bags in commercial establishments.

During that period, establishments must carry out awareness campaigns to replace the use of reusable or eco-friendly bags.

Furthermore, it prohibits the importation of glasses, forks, knives, spoons, plastic lids, and any other product that is not biodegradable, after 60 days from the promulgation of this law.

In a communication sent to the President of the Senate of the Republic, Ricardo de los Santos, President Luis Abinader explains that the observations were based, among other aspects, on issues related to the care of the environment , the protection of free competition , the rejection of monopolistic practices and the promotion towards sustainable industrial practices .

The letter, sent on November 3rd of this year, from the President of the Republic to the Senate of the Republic, refers to the modifications made by the National Congress to Law No. 225-20, on the management of solid waste.

He also states that he values ​​the effort made by the legislators of both Houses and equally supports their observation regarding the protection of free competition, the rejection of monopolistic practices, and the promotion of sustainable industrial practices.

Among the modifications suggested by the president, the reformulation of the criteria for the establishment of transfer stations, sanitary landfills and valorization plants stands out, so that these are not limited by regional criteria , but are enabled whenever certain distances are observed, according to each case.

Similarly, some key definitions and concepts are modified for the implementation of this law. 

Another notable modification concerns municipal autonomy , since, in the opinion of the Executive Branch , this was being violated by restricting the constitutional powers of municipal authorities regarding land use.

Other relevant aspects in the observations concern the minimum term of the operating contracts between the Sustainable DO Trust and the authorized managers, reducing the minimum term of duration and renewal, in accordance with national and international regulations on economic competition.

It is also noteworthy that in his remarks, the president maintains the base rate of payment to private managers, without an excessive increase in the law, but allowing the trust to determine the rate annually through a formula that considers operating costs, the profit margins of each structure, the inflation and devaluation rate established by the trust annually, as well as the transportation costs of solid waste.

Finally, the presidential observations strongly address the regulation of products made of plastic and foam, significantly reducing the deadlines for urgent measures in this area, such as the incorporation of producers into extended responsibility programs, the reduction of the use of plastic bags in commercial establishments, the implementation of container return programs, among others.

Now that the Senate has received the observations, in accordance with Article 102 of the Constitution of the Republic , this legislative body will include them on the agenda of the next session and will discuss the bill again in a single reading. If, after this discussion, two-thirds of the members present in said Chamber approve it again, it will be sent to the other Chamber, and if the latter approves it by the same majority, it will be considered definitively law and will be promulgated and published within the timeframes established in Article 101 of the Constitution. 

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