The Agribusiness Newsletter brings information and news about the main regulations and legal texts relating to the regulation of agribusiness in Brazil. This initiative seeks to cover the agribusiness industry on its transactional, litigation, tax and regulatory levels, and is an invitation for all of those working in this market to both access important news and comments on vital topics from the sector.

This material is for informative purposes only, and should not be used for decision-making. Specific legal advice can be provided by our legal team.

NEWS

Fávaro and Haddad discuss new incentives for agriculture

On October 09, 2024, the Minister of Agriculture and Livestock, Carlos Fávaro, and Treasury Minister, Fernando Haddad, met to discuss incentive measures for rural producers. The initiative sought to discuss measures to provide incentives to producers, such as the acquisition of precision agriculture machinery and automation of agricultural processes. 

The measures seek to assist producers in the recovery of degraded soils and in the increase of productivity, acting in pest control, application of bioinputs and soil improvement.

Another important point was the easing of restrictions on access to rural credit, with Resolution No. 5,081 of 2023, of the National Monetary Council (CMN), which establishes conditions for the granting of credit by financial agents. In addition, measures were discussed to resolve existing obstacles in granting support credit to producers in the state of Rio Grande do Sul, affected by state of emergency and public calamity situations.

For more information: Mapa e Fazenda dialogam sobre medidas de incentivo para produtores rurais

B3 adopts “Boi Datagro indicator” to settle livestock futures contracts

The Brazilian Stock Exchange(“B3”) announced the adoption of the “Boi Datagro indicator” for the settlement of livestock futures contracts. This new indicator, which has already been approved by the Securities and Exchange Commission (“CVM”), will be used for contracts maturing as of February 2025. The Boi Datagro indicator is based on data provided by thousands of cattle ranchers and meat processing industries, representing more than 60% of slaughters nationally.

Such indicator was created in 2019 and currently receives information on more than one million heads of cattle per month. The methodology used by Datagro includes data collection, storage, distribution and auditing, ensuring more accuracy and efficiency. The indicator reflects, in a transparent and independent manner, the reality of the market, and is an essential tool for risk management and asset trading.

The adoption of this indicator by B3 is seen as an important step in fostering the market for futures contracts of beef cattle, which has grown significantly in recent years. Between 2018 and 2024, the volume of these contracts almost tripled, and currently, 45% of investors are physical persons. The choice of the Boi Datagro indicator is crucial for market development and to offer a reliable price reference.

Datagro, in partnership with B3, maintains a constant dialogue with all the links in the production chain to ensure that the indicator is aligned with the reality of the market.

For more information: B3 adota Indicador do Boi Datagro para liquidar contratos futuros de pecuária

CNA debates outlook of agriculture and new resolution of Fiagro

On October 18, 2024, the Confederation of Agriculture and Livestock of Brazil (“CNA”) held an event in Sao Paulo to discuss the current landscape of agriculture and the new resolution of the Securities and Exchange Commission (“CVM”) regarding the Investment Funds in the agro-industrial Production Chains (“Fiagro”). During the meeting, the challenges and opportunities of the sector were addressed, highlighting the importance of investments in sustainability and innovation to maintain the competitiveness of Brazilian agriculture.

CNA technical director Bruno Lucchi emphasized that the new Fiagro resolution is a significant step toward attracting more investment to the agro-industrial sector. The director pointed out that these funds can be an essential tool to fund projects that promote sustainable and efficient agricultural practices, contributing to the decarbonization of the economy and the fulfillment of Brazil’s climate goals.

In addition, the event was attended by experts who discussed trends in the agricultural market and expectations for the coming years. Data was presented on the production and export of agricultural products, as well as the technological innovations that are transforming the sector. The CNA reinforced the need for public policies that support the sustainable development of agriculture.

Finally, the Confederation stressed the importance of collaboration between the public and private sectors to address the challenges of the agricultural sector. The entity highlighted that the new Fiagro resolution can open up new financing opportunities and boost the sustainable growth of Brazilian agriculture, benefiting rural producers and investors.

For more information: CNA debate panorama da agropecuária e nova resolução do Fiagro | Confederação da Agricultura e Pecuária do Brasil (CNA)

Anbima launches new system for sending investment funds data

On October 01, 2024, a new platform of the Brazilian Association of Financial and Capital Markets Entities (“Anbima”) came into operation for sending information on investment funds – the “Anbima Hub” -, in accordance with CVM Resolution No. 175, of December 23, 2022. The Anbima Hub will allow institutions to register financial and structured funds, whether they are single-class or multi-class, make changes and closures, and issue record analysis rates.

Replacing the “Funds Site”, the Anbima Hub brings significant changes in the form of reporting information and can be accessed through the web address “hubanbima.rtm.net.br”.

Pilot in progress

Since March, the institutions have been participating in tests of the Anbima Hub, experimenting with the functions of the platform, such as sending information on equity and quotas, fund records and data queries.

New processes starting in October

With the launch of the platform, new processes for registering corporate events will also be implemented. Depending on the operation, such as merger or demerger, institutions must make records, changes or closures through the platform.

For more information: HUB ANBIMA: o que você precisa saber sobre a nossa nova plataforma para envio de dados sobre fundos

REGULATION OF THE AGRIBUSINESS SECTOR

TAX REGULATION

Federal Revenue Office of Brazil establishes Fiscal Consensus Procedure

Through Ordinance No. 467/2024, the Brazilian Federal Revenue Office (“RFB”) instituted the “Fiscal Consensus Revenue Procedure – Consensus Revenue” aiming to reduce tax litigation in the federal administrative sphere, encouraging conflict resolution through the intensification of the dialogue between tax authorities and taxpayers. Adherence to Consensus Revenue is limited to high-ranking taxpayers in RFB compliance programs.

Participation in Consensus Revenue may be requested in the event of divergences in tax procedures already in progress and queries about the tax consequences of certain situations (before any fiscal procedure). The initiative can represent another opportunity for taxpayers to avoid significant fines and the increase in tax contingencies.

ENVIRONMENTAL REGULATION

Environmental Licensing

Advances in the development of the Federal Environmental Licensing Integrated System

On September 27, 2024, the Brazilian Institute for the Environment and Renewable Natural Resources (“Ibama”) hosted the technical workshop ‘Solutions for the Federal Environmental Licensing Systems’ (“LAF”): Prototype of a new Single Environmental Registration Form (“FCA”), aiming at the development of an integrated system by the LAF, with the organization carried out by the Coordination of Information Systems (CSI), the Planning, Administration and Logistics Board (Diplan), and the Coordination of Strategic Affairs (Coaes), the Environmental Licensing Board (DILIC), steered by the company Join Tecnologia.

The discussions aimed to allow the fulfillment of the growing demand generated by licensing, mainly due to the New Growth Acceleration Plan (PAC), established by Federal Decree No. 11.632/2023, which has the following objectives:

1. to increase investments in the country;
2. stimulate private investment;
3. to promote the integration of public investment with private investment;
4. seek the expansion and qualification of infrastructure for the competitiveness and growth of the country, with fiscal responsibility;
5. promote inclusive, social and regional development;
6. integrate investment in infrastructure into the processes of neo-industrialization and ecological transition;
7. to increase the population’s access to quality public services; and
8. to foster the generation of employment and income.

The workshop focused on defining the requirements for the construction of a single FCA, in order to ensure that the FCA form meets the needs of all bodies and institutions involved in the environmental licensing process, streamlining procedures for opening licensing processes and issuing Terms of Reference for Environmental Impact Studies (EIAs), which will result in a better experience of users of the system.

For more information: Ibama avança no desenvolvimento de sistema integrado do Licenciamento Ambiental Federal

Environmental licensing and forest permits in the Mata Atlântica Biome

On September 30, 2024, the State Secretariat for the Environment and Water Resources of Piaui (“Semarh”) published Normative Instruction (“IN”) Semarh No. 27/2024. The IN governs the analysis of environmental licensing and forest authorizations in areas of application of Federal Law No. 11.428/2006 (“Mata Atlântica Law”).

According to the IN, the analysis of environmental licensing and forest authorizations for enterprises whose Directly Affected Area (ADA) is included in the area of application of the Mata Atlântica Law should take into account the most up-to-date official vegetation map of the Brazilian Institute of Geography and Statistics (IBGE), in order to confirm or not the existence of Seasonal Deciduous Forest or  Semi-deciduous Seasonal Forest.

It is worth mentioning that, according to the Brazilian Forest System, the Seasonal Deciduous Forest presents vegetation characterized by two well demarcated climatic seasons: A rainy season followed by another long biologically dry period, where most species lose their leaves. The Semideciduous Seasonal Forest presents vegetation conditioned by double climatic seasonality: one tropical, with a season of intense summer rains, followed by sharp drought, and another, subtropical, without a dry period, but with physiological drought caused by intense winter cold, when part of the vegetation loses its leaves. The phenomenon occurs in several regions of Brazil.

THE IN also determines that the definition of primary vegetation and secondary vegetation in the advanced, medium and initial stages of regeneration of the Mata Atlântica Biome, in the areas of application of the Mata Atlântica Law, will take place using as technical parameters those recommended by the Resolution of the National Council of the Environment (“Conama”)ⁿ No. 026/1994, which defines, specifically, the stages of regeneration. The IN determines that the definition of the stages should be presented in the context of environmental studies or characterization of the flora, whose technical responsibility is of a legally qualified professional.

In addition, for the characterization of the secondary succession stage of the vegetation, in addition to the parameters fixed by the Conama, multi-weather images that prove that the area suffered suppression or degradation previously should be taken into account. As for this, IN No. 27/2024 also draws attention to the provisions of the Mata Atlântica Law in that the primary or secondary vegetation at any stage of regeneration of the Mata Atlântica Biome will not lose this classification in cases of fire, deforestation or any other type of unauthorized or unlicensed intervention.

Finally, the IN determines that prior to the issuance of Authorization for Plant Suppression (ASV), Semarh will carry out a technical survey in order to confirm the parameters of characterization of   the succession stage of the vegetation of the area that is subject to analysis.

New procedures for the environmental licensing of beekeeping and sustainable management of Native Stingless Bees in Para

On October 01, 2024, the State Council for the Environment (“Coema”) published Coema Resolution No. 184/2024, setting out the environmental licensing procedures for the practice of beekeeping, as well as the criteria for the use and sustainable management of Native Stingless Bees (“ANSF”), in the state territory of Para.

The resolution determines that the following activities will be authorized by the competent environmental agency, after the inclusion of the creator in the Federal Technical Register (CTF/APP) and the obtaining of authorization to operate the ANSF creation activity:

1. the creation, custody, maintenance, use, management, multiplication, acquisition, barter, trade, sale, exhibition and lease of bees, colonies or part of them and their products and by-products, originating from breeding sites regulated by the state environmental agency, in the form of apiaries;
2. obtaining colonies in nature for the formation or expansion of apiaries by using bait nests or other non-destructive methods;
3. the commercialization of colonies or part of them, provided that it is the result of methods of artificial multiplication or capture by the use of bait nests; and
4. the sending of bee colonies or parts of them to other states of the country.

With regard specifically to environmental licensing, the resolution establishes that the use and management that are intended for the artisanal production of native bees naturally occurring in their geographic region, up to 99 colonies, is subject to exemption from environmental licensing by the competent environmental agency.

The administrative process of obtaining, managing and creating clusters of apiaries, located in Conservation Units (“UCs”), will require the consent of the competent body for the management of the unit, except when it is an Environmental Protection Area (“APA”) and Natural Heritage Private Reserve (“RPPN”). In the case of APAs and RPPNs, the environmental licensing body shall send communication to the competent body for the management of the conservation unit about obtaining, management and creation of authorized clusters in the area.

Finally, the resolution provides that enterprises subject to environmental licensing should facilitate the rescue of colonies in the area of impact where plant suppression or forest management will occur and that the periodic reevaluation of the list of native bee species will be under the responsibility of the executing and/or sectional organs of the National System of the Environment (Sisnama), and consultations can be established with research institutions and universities.

Environmental licensing of mining with vegetation suppression and relocation of legal reserves in the state territory of Mato Grosso

On October 02, 2024, the Government of the State of Mato Grosso published State Decree No. 1.058/2024, regulating the state administrative process of environmental licensing for mining activity, which contains a request for vegetation suppression requiring the prior relocation of legal reserve areas (“RL”), for the purpose of installing mineral exploration projects.

Among the main provisions brought by this decree, the following stand out:

• The environmental licensing of mining activity that requires prior relocation of RLs will require that the Rural Environmental Registries (“CARs”) of all the properties involved in the activity are active, regardless of the modality chosen for relocation purposes.
• The mining environmental licensing project should follow the Standard Reference Terms of the activity and the specific one for vegetation suppression request that requires the prior relocation of the RL, and the licensing requirement should also be instructed with the proposal for relocation of RL presented in the Mato-Grossense System of Rural Environmental Registration (Simcar).
• The indication of the modality that will be adopted by the enterprise when it is not possible to carry out the reallocation of the RL for the purpose of mining exploration within the same property, restricts itself to the following possibilities: (I) Implementation of RPPN in a private area that would be capable of suppression of native vegetation, with prior approval of the environmental agency; (ii) donation to the state government of Mato Grosso of a preserved area that sets out limits with the State Conservation Unit of the Integral Protection Group, provided that it was previously approved by the managing body; and/or (iii) institution of perpetual environmental servitude in a private area, which would be capable of suppression of native vegetation, as validated in CAR.
• The area to be relocated should be increased by 10% of the intervention area for mining activity, specifically regarding the relocation of RL.
• The procedures for relocation of RL and license request should be carried out prior to the vegetation suppression.

It should be noted that the decree also establishes that when the request for prior license and installation aims to allow the regular exercise of the mining activity in a legal reserve area supressed without prior authorization, the regularization should be preceded by the preparation of a notice of violation by the environmental agency, establishment of the compensatory measures due, and compliance with the mandatory forest relocation.

Regularization of Operation Licenses expired during the period of calamity in the state territory of Rio Grande do Sul

On October 11, 2024, the  Henrique Luis Roessler State Environmental Protection Foundation  (“Fepam”), which is part of the state government of Rio Grande do Sul, published FEPAM Resolution No. 40/2024, providing for the regularization of projects with Operation Licenses that expired during the period of calamity in the State of Rio Grande do Sul.

The resolution states that enterprises with operating licenses whose original expiration date occurred in the interval between September 11, 2023 and December 31, 2024, should request, alternatively to the Regularization Operating License (“Loreg”), the Renewal of the Operating License (“RLO”) in the Online Licensing System (SOL).

The resolution states that the deadline for requesting the RLO, without the need for Loreg, is December 31, 2024. In addition, its provisions do not apply to undertakings that: (i) expanded or altered the enterprise without the proper rite of environmental licensing; and (ii) had the environmental licenses issued by the municipal environmental agencies.

Resolution related to aquaculture and mariculture activities in Parana published

On October 14, 2024, the State Secretariat for Sustainable Development of the State of Parana (“Sedest”) published Resolution Sedest No. 48/2024, establishing standards, criteria and guidelines for environmental licensing and granting the use of water resources for aquaculture and mriculture projects and activities.

In general, the resolution states that:

• The following documents should be required, in the context of the environmental licensing process, when applicable: (i) prior grant, at the stage of the prior license; and (ii) authorization granting the right to use water resources, at the stage of the environmental license of operation, or in the single stage licensing and right to use water resources, at the installation license phase, if there is a need for water use at this stage.
• The size of the aquaculture projects involving nurseries or special tanks, built on natural terrain, will be defined and framed according to the flooded area and productivity (production per unit area), excluding the supply channels, reservoirs and sedimentation basin. For the purpose of classifying the size, the division of contiguous areas belonging to the same person, whether natural or legal, is prohibited, considering, for this purpose, the sum of the productive flooded area, excluding the supply channels, reservoirs and the sedimentation basin.
• The maximum limits of surface areas to be occupied by marine parks and aquaculture areas in coves, bays and in open sea for marine and estuarine crops in areas of the country will be proposed by the Local Plan for the Development of Mariculture (PLDM), defined in environmental licensing procedures and approved by means of authorization procedures for the use of physical spaces of water bodies of the Union.
• The projects and aquaculture activities classified as of minimum size, as well as the production of fish in water recirculation system, closed systems, without effluent emission and when their plants and physical structures are constructed of masonry or other permeabilized material, regardless of size and productivity, are subject to the Environmental Licensing Waiver Declaration (DLAE), as a mandatory document.
• The environmental licensing of units producing young forms of freshwater and marine organisms should be carried out by means of a Simplified Environmental Licensing Process (LAS), when their production is exclusive for reproduction of native species from the respective watersheds where the project is located.
• Requirements and standards applicable to the release of effluents from aquaculture projects and activities in water bodies were also defined, as well as uses classified as low/insignificant impact and exempted from granting water resources or declaration of insignificant use of authorization grant for effluent release, among other more detailed provisions.

With regard to existing and operating projects that do not have the proper environmental license on the date of publication of the resolution, it was established that the interested parties should regularize their situation in line with the environmental licensing agency, within a maximum period of two years, counted from the date of publication of the resolution.

For the regularization of activities, the enterprise must apply for Simplified Environmental License of Regularization (LSR) or Regularization Operation License (LOR), except for the cases of existing enterprises and characterized as small-sized, for which regularization must occur through the Application of Environmental License for Accession and Commitment (LAC).

Failure to comply with the provisions of the resolution will result in suspension and/or cancellation of the validity of environmental licenses and grant of use, subjecting the offender to administrative, civil and criminal penalties provided for in the current legislation.

Aspectos Florestais:

Launch of a platform for monitoring areas subject to environmental recovery

On October 10, 2024, IBAMA held the launch event of the Environmental Recovery Monitoring Platform (“Recooperar”), established by IN Ibama No. 09/2024 and developed by the National Center for Environmental Monitoring and Information (Cenima) of IBAMA.

Recooperar is a digital tool for the management, monitoring and dissemination of information on degraded areas that can be environmentally recovered. The platform allows IBAMA and other federal institutions to maintain a robust database, focused on the location and monitoring of areas that need recovery, as well as enables access to detailed information about these regions, including geographic data on biomes, conservation units, indigenous lands and ‘quilombola’ territories.

The initiative is part of Ibama’s ongoing effort to promote the regeneration of ecosystems damaged due to environmental crimes or incidents, such as illegal deforestation, forest fires and irregular occupations in protected areas, as well as compensatory planting areas.

In general, the platform will be a tool to improve the mapping, management and integrated monitoring of the sites most affected by environmental degradation, stimulating the creation of actions, structuring and dissemination of plans for the recovery of these areas.

Para mais informações: Ibama lança plataforma Recooperar, ferramenta de gestão de áreas degradadas

Working group established to develop the Manual of Surveillance of Native Wood in the state territory of Mato Grosso 

On October 10, 2024, the Secretary of State for the Environment of Mato Grosso (“Sema/MT”) published the Sema Ordinance No. 1.295/2024. The ordinance creates a Working Group (“GT”) with the objective of drafting the Manual of Surveillance of Native Wood in Mato Grosso. The GT will be composed of representatives of Sema-MT, Institute of Agricultural Defense of Mato Grosso (Indea), Secretariat of Public Security (SESP-MT), Sub-Attorney General for Environmental Defense (SubPGMA), Public Prosecutor of the State of Mato Grosso (MPE-MT), the Producers and Exporters Industries Center of the State of Mato Grosso (CIPEM) and the Mato Grosso Association of Forestry Engineers (Amef), under the coordination of Sema-MT. The GT must present the results generated within a maximum period of 60 days, after the publication of the ordinance, and may be extended for the same period.

Regulation of the cutting of isolated trees in rural properties and procedures for sustainable management in legal reserves or remnant native vegetation without commercial purpose

On October 11, 2024, the State Secretariat for Environment and Sustainable Development of the State of Goias (“Semad/GO”) published In Semad No. 19/2024, providing for the cutting of isolated trees in rural properties, as well as the administrative procedures for carrying out sustainable management in a legal reserve area or remnants of native vegetation for possible forest exploitation without commercial purpose, for consumption within the property itself.

The resolution provides that natural or legal persons who exploit, use, commercialize or consume native forest products and/or by-products should obtain an environmental license and register with the competent state environmental agency. Licensing and registration are exempted only for:

1. natural persons using forest products for internal consumption on the property;
2. natural persons using forest products and/or by-products in cultural festivities;
3. micro-enterprises using forest products and/or by-products for crafts and manufacture and/or renovation of handmade wooden furniture;
4. natural or legal persons using plant products for the exclusive purposes of crafts; and
5. individuals who carry out artisanal activities involving the manufacture and renovation of wooden furniture, mattresses and upholstery, as well as baskets and other objects made of straw, bamboo and/or similar materials.

Additionally, the IN establishes (i) the possible cutting of isolated trees in rural properties of up to 10 individuals per hectare, limited to 30 individuals per property, per year, for use on the property itself, and that (ii) the use of wood of dead trees in the property itself does not depend on authorization, license or registration, respecting the rules regarding species immune to cutting.

As for the sustainable management for possible forest exploitation carried out in an area of RL and in an area that can be used alternative to the soil – when without commercial purpose and for consumption of forest products in the property itself – this should be preceded by a Declaration of Cutting by the interested party, with the completion of a specific electronic form available and at no cost in the IPÊ System of Semad/GO.

The absence of proof of a Declaration of Cutting will not result in the issuance of environmental fines against activities carried out prior to the date of publication of the IN in question, and the tax agent must carry out the consultation in the electronic systems of Semad/GO.

CAR from Minas Gerais becomes part of the Sisema Indicators Panel

On October 18, 2024, news was published on the website of the State Secretariat for Environment and Sustainable Development of the State of Minas Gerais (Semad/MG), reinforcing that information on the Minas Gerais CAR became part of the Panel of Indicators of the State System of Environment and Water Resources (Sisema) , as of August 2024.

By accessing the panel, citizens can obtain information updated monthly, such as the number of properties and areas registered in Minas Gerais, the total areas to be restored, the number of CARs already analyzed, in addition to the Terms of Commitment of the Environmental Regularization Program (PRA) already signed. Also, it is possible to have access to information by municipality.

For more information: Dados sobre o Cadastro Ambiental Rural passam a integrar o painel de indicadores do Sisema

IN establishing rules for analysis of CAR in Paraná published

On October 16, 2024, IN No. 04/2024 was published by the Water and Land Institute of the State of Parana (“IAT”), determining rules, criteria and administrative procedures for the analysis of the  Perimetral CAR of Rural Properties of Agrarian Reform Settlements (“Irara”) of the registrations included in the National System of Rural Environmental Registration (“Sicar”).

The IN states that, for its purposes, the Iraras will be divided into the following categories: (i) rural land reform settlement property created before July 22, 2008; and (ii) rural land reform settlement property created after July 22, 2008.

The perimeter analysis of the Irara records entered in Sicar will be carried out through the Analysis Module, made available by the Brazilian Forest Service, linked to the Ministry of the Environment.

The National Institute of Colonization and Agrarian Reform (Incra), the agency responsible for registering Iraras in Sicar and which owns the domain and registration of each Irara, must register them in the Sicar Owner/Possessor Center through the websitehttps://www.car.gov.br/#/central/acesso.

In cases of overlapping rural properties with indigenous lands, in order for the process of validating the information declared in the CAR to continue, the rule provides that it will be necessary to rectify the polygon of the respective property in order to remove the overlap.

Finally, the rule establishes that the overlap of Irara with UCs will not prevent the continued validation of the information declared in the CAR or the environmental regularity of the property, as well as if there is a discrepancy in the location of Irara due to the update of municipal limits in Paraná.

Biodiversity:

Methodology for determining the acquisition of distinctive characteristics in Brazil by plant and animal species introduced in the country used in agricultural activities

On October 01, 2024, the Genetic Heritage Management Council (“CGEN”) published CGEN Resolution No. 45/2024, which entered into force on November 01, 2024, approved the structure of the methodological process for determining the acquisition of distinctive characteristics in Brazil by spontaneous populations of plant and animal species introduced in the country, used in agricultural activities.

It should be noted that the resolution defines the term “spontaneous population”, as the population of species introduced in the national territory, although domesticated, capable of naturally self-perpetuating in Brazilian ecosystems and habitats.

The obligations relating to access, shipment and economic exploitation activities directly related to the distinctive characteristics acquired in the country by spontaneous populations of plant or animal species, introduced into the country, used in agricultural activities, begin from the date of entry into force of the act that included these characteristics in the reference list.

Finally, the resolution establishes that the obligations related to registrations and notifications in the National System of Management of Genetic Heritage and Associated Traditional Knowledge (Sisgen) should be fulfilled by users within one year, counted from the date of entry into force of the act that includes the distinctive characteristic of the reference list.

Waste:

Guidelines and alerts of deadlines for delivery of Reverse Logistics Plan and compliance with related obligations

Semad/MG has made available the Terms of Reference and the necessary guidelines for manufacturers, importers, distributors and traders to present their Reverse Logistics Plans (“PLR”) and the Environmental Communication and Education Plan (PCEA), which is part of the PLR.

The guidelines and the Terms of Reference are available on the Semad website and are based on the minimum content provided for in the Normative Resolution of the State Council of Environmental Policy of the State of Minas Gerais (“Copam”) No. 249/2024, which defined the guidelines for implementation, operationalization and monitoring of reverse logistics systems in the state of Minas Gerais.

The PLR must be filed with Semad, via the Information System (SEI) and sent to the Special and Industrial Waste Board by December 30, 2024.

Management of waste leather scraps and embossing machine dust from chrome tanning as non-hazardous waste

On October 10, 2024, Copam published the Copam Normative Resolution No. 252/2024, establishing the procedure for the management of leather scraps and embossing machine dust – originating from the manufacture of leather, from chrome tanning, and from the manufacture of leather footwear –, generated in enterprises and activities subject to environmental licensing at the state level.

The resolution determines that such waste can be classified as non-hazardous, and its final disposal is possible in non-hazardous waste landfills, by proving compliance with certain requirements by the generator and the recipient.

To classify these wastes as non-hazardous, the specificities of the standard must be taken into account, as well as, in particular:

1. The preparation of a technical report to be submitted to the environmental licensing agency, accompanied by related documentation and according to requirements established by the resolution, to compose the respective environmental licensing process of the generating enterprise, for consultation or inspection purposes.
2. The interested party must submit a new communication to the licensing environmental agency in the event of any change in the production process of origin of the waste or raw material that is capable of altering the characteristics of the material generated in the undertaking, this being an essential requirement for the continued disposal of waste in non-hazardous waste landfills.

For the purposes of the final provision, the resolution determines that the following conditions must be met:

1. the waste of leather shavings and embossing dust residues must be separated from other waste whose characteristics indicate that they should be managed as hazardous waste, such as sludge containing chromium from the chrome tanning effluent treatment system;
2. the characterization of leather scraps and embossing dust residues must indicate, in the gross mass, hexavalent chromium levels of less than 1.0 mg/kg (one milligram per kilogram), on a dry basis;
3. the landfill for final disposal of such waste shall be licensed to the environmental body competent for the receipt of non-hazardous waste;
4. (The generators, conveyors, recipients and temporary storage of waste referred to in this normative deliberation must comply with the legislation on the State System of the Waste Transport Manifesto (MTR-MG System). If one or more of these conditions are not met, the waste of leather shavings and embossing dust should be managed as hazardous waste.

Finally, the resolution provides that the competent environmental agencies will promote oversight actions, aiming to ensure the regularity of the management of waste leather scraps and embossing dust as non-hazardous waste, under the terms of this normative deliberation.

Deadline opened for mandatory registration in the Recicla Goiás system for generators of glass, paper, cardboard, plastic and metal packaging

On October 17, 2024, Semad/GO opened a deadline, of November 18, 2024, for mandatory registration in the Recicla Goiás system of all companies and industries that generate glass, paper, cardboard, plastic and metal packaging.

The Recicla Goiás system was developed by the Secretariat of Industry Trade and Services of the State of Goias (SIC), aiming to encourage, facilitate and enhance the work of interested entities of the state of Goias in the defense and implementation of best practices for the treatment of waste, through the creation, monitoring and supervision of Reverse Logistics plans.

In short, the system concentrates functionalities for storing and validating registration data, information on goals and reports of reverse logistics plans, its actors and evidence of its data.

With the opening of the deadline for mandatory registration, the second productive cycle of the State Policy of Reverse Logistics (State Decree No. 10.255/2023) is started, which defines guidelines for the implementation, structuring and operationalization of the reverse logistics system of packaging in general and establishes the Recycling Credit Certificate (ReciclaGoias) in the State of Goias.

When registering, it is necessary to attach the Reverse Logistics Plan with the results indicators, personal data of companies and/or industries, environmental communication plan and definition of the recycling target (at least 30% of the generated goods).

Companies have the option to hire a management entity, a legal entity responsible for structuring, implementing and operationalizing the reverse logistics system of packaging in a collective model, to assist in the implementation of their systems. This entity will inform recycling cooperatives about the volume of plastic, metal, glass and cardboard that needs to be collected to reach the minimum 30% established by the decree.

The decree provides that waste collectors who act as operators, ensuring the return of packaging in general to the business sector for reuse in their production cycle, or in others, will receive financial credits according to the amount of recyclables marketed, and will also be remunerated when selling the material to the recycling industry. The values involved in the process are defined by the market, without the interference of government.

Registration must be carried out at https://recicla.goias.gov.br

Public consultation for the proposal of decree regulating reverse logistics systems

On October 14, 2024, the Santa Catarina Environmental Institute (“IMA”) and the State Secretariat for the Environment and Green Economy (Semae) declared the opening of a public consultation for the proposal of a state decree that regulates the structuring, implementation and operationalization of reverse logistics systems in the state of Santa Catarina.

The proposed decree considers the particular characteristics of the state of Santa Catarina, adds complementary aspects to the National Solid Waste Policy (“PNRS”) ( Federal Law No. 12.305/2010 ), establishes state rules for the promotion of circular economy and activities aimed at recycling, as well as brings specific provisions related to the structuring, implementation, operationalization, monitoring and control of reverse logistics systems in the state territory.

The regulation of reverse logistics systems enables the collection and restitution of solid waste to the business sector for reuse in its cycle or in other production cycles, or in another environmentally appropriate final destination.

All interested parties, especially solid waste professionals working in reverse logistics systems, are invited to participate in the public consultation, which will be available for 30 days, until November 13, 2024, by  filling out the form.

For more information: Aberta consulta pública para proposta de decreto sobre os sistemas de logística reversa no estado

Atmospheric emissions:

Access and capture of payments for emission reduction results approved  From deforestation in the Cerrado biome by Bahia and Roraima

On October 14, 2024, Resolutions MMA/CONAREDD+ 17/2024 and MMA/CONAREDD+ 18/2024 were published, prepared by the National Commission for Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation, Conservation of Forest Carbon Stocks, Sustainable Forest Management and Increase of Forest Carbon Stocks –  REDD+.

The resolutions approve the eligibility of the State of Bahia, through the State Secretariat of Environment, and the State of Roraima, through the State Foundation for the Environment and Water Resources, for access and capture of payments for results of reduction of emissions from deforestation in the Cerrado biome, within the limits of capture established by CONAREDD+.

Initiatives

Action Plan of the National Program for Conservation and Sustainable Use of Mangroves of Brazil

On October 04, 2024, GM/MMA Ordinance No. 1.167/2024 was published by the Ministry of Environment and Climate Change, instituting the Action Plan of the National Program for Conservation and Sustainable Use of Mangroves in Brazil (“ProManguezal”).

According to the ordinance, ProManguezal’s plan of action will be divided into two phases. Phase 1 will be coordinated by the Department of Ocean and Coastal Management of the National Secretariat for Climate Change of the Ministry of Environment and Climate Change, which will seek to coordenate with the other units of the agency, its related entities and partner institutions on the implementation of the established goals and actions.

The ordinance specifies that the goals of Phase 1 have monitoring indicators and should be achieved by the joint effort of the Ministry of Environment and Climate Change, its related entities and partner institutions.

For Phase 2, it was determined that it will be elaborated from a participatory process and should include actions of institutions of the Federal Government, subnational entities, academia, civil society organizations and social movements that act in the conservation and sustainable use of mangroves, and should be completed by 2025.

In the annexes of the ordinance, the goals of the program, the plan of action organized by axes of implementation and lines of action are presented. For each action, a deadline for compliance is determined and the parties responsible for its implementation.

State Policy Incentive for Apiculture

On September 26, 2024, State Law No. 4.524/2024 was published by the Government of the State of Tocantins, determining the institution of the State Policy to Incentivize Apiculture.

The ordinance determines that in the adoption of measures to encourage the development of apiculture, the following guidelines must be observed:

1. preventive actions against the destruction of bees, native or non-native, and other species of honey-producing insects or native pollinators;
2. the identification and dissemination of areas with the greatest apiculture potential in the state;
3. certification of honey production and other bee products;
4. the stimulation of cooperativism and other forms of associativism among beekeepers;
5. the development of traceability systems for honey and other bee products;
6. the development of research aimed at improving apiculture activity, production technologies and product quality;
7. technical assistance to beekeepers;
8. the professional training of beekeepers through courses, lectures and seminars, with emphasis on managerial aspects;
9. encouraging the consumption of honey and other bee products through informative campaigns on the benefits of its use, including in school meals and in the basic basket;
10. incentivizing the adoption of low-impact agricultural practices on pollinating insect populations;
11. the adoption of sanitary measures to prevent the contamination of apiaries by pathogens, parasites, pests or diseases from other states or countries;
12. encouraging and fostering the export of bee products;
13. the creation of credit and tax incentive mechanisms for apiculture activity.

The ordinance also provides that, in the planning and implementation of such measures, the participation of class representatives and cooperatives or associations of beekeepers, as well as public or private institutions linked to technical assistance and rural extension, education, research and promotion of beekeeping activity will be ensured.

Policy to encourage the generation of renewable energy by rural producers

On October 02, 2024, the State Law No. 4.527/2024 was published by the Government of the State of Tocantins, to establish the State Policy to Incentivize the Generation of Renewable Energy by Rural Producers, to be implemented throughout the state territory of Tocantins, with the aim of stimulating the distributed generation of electricity, from renewable sources, solar panels and the generation of biogas and biomethane in rural units.

Those that use natural resources that are naturally replenished are considered as renewable sources, such as hydraulics, solar, wind, waste and waste biomass, free of carbon emissions and able to regenerate by natural means.

Among the principles, objectives and guidelines of the Policy, we highlight:

1. the environmental, social and economic sustainability of renewable energy generation;
2. the development and adoption of technologies that result in efficiency gains in energy generation;
3. the coordination and integration of federal, state and municipal public policies and, among them, the actions of the private sector dedicated to the generation of renewable energy by rural producers;
4. the reasonable use of renewable natural resources;
5. improving the quality of life in rural areas, in particular small producers, family farmers and farmers in settlements and communities producing artisanal foods;
6. fostering the local economy; and
7. the processing and addition of value to the in natura product.

The ordinance also provides for instruments to achieve its goals and guidelines, such as:

1. the research, innovation, extension, technical assistance, promotion and fostering of technological solutions in the areas of energy generation in rural productive systems that use or admit the use of renewable sources of electricity production, biogas and biomethane;
2. the development, training and dissemination of transition technologies, energy efficiency and security; and
3. the entering into of partnerships, agreements and other similar instruments with public or private bodies and entities.

In addition, for the attainment of due purposes, the ordinance provides for the possibility of:

1. creation of public registry of companies and teachers qualified for the drafting and execution of projects, as well as the provision of services in energy production systems by renewable sources; and
2. broad dissemination of promotional content that encourages the adoption of renewable energy sources by rural producers, their organizations and representative entities.

Policy for the Development and Expansion of Apiculture and Meliponiculture

On October 07, 2024, State Law No. 23.025/2024 was published by the Government of the State of Goias, instituting the State Policy for the Development and Expansion of Apiculture and Meliponiculture, with the aim of providing compatible and viable ways to reconcile the growth of apiculture and meliponiculture activities with the environment, technological development, commercialization, circulation and increase of employment and income in the primary sector.

The ordinance clarifies that meliponiculture consists of the exercise of ecologically sustainable activities of creation and management of native social bees (meliponinae) for the purposes of trade, scientific research, leisure activities, environmental education and also for the producer’s own or family consumption of honey and other products of these bees, aiming also the conservation of species and their use in pollination of plants.

The law determines, among the policy guidelines:

1. to encourage the development, production and productivity of apiculture and meliponiculture;
2. to serve as a foundation and parameter for the planning and execution of projects, plans and other activities involving apiculture and meliponiculture;
3. to promote and stimulate research for the development of new pollinator management technologies with increased productivity, quality, increased added value and maintenance of biodiversity in the context of sustainable agriculture, which facilitate the work of apiculture and meliponiculture beekeepers;
4. to encourage and strengthen the production chain, its professionalization and the formation of new producer groups;
5. to stimulate the creation and improvement of logistics for the processing, use and marketing of products, by-products and services derived from apicultural and meliponicultural activities; among others.

Incentive Policy to encourage the creation of inter-municipal agricultural consortia

On October 09, 2024, State Law No. 13.419/2024 was published by the State Government of Paraiba, instituting the State Policy to encourage the creation of inter-municipal agricultural consortia in the state.

This policy aims to converge efforts in the pursuit of the maximum use of human, technical and financial resources already existing in the municipalities, expanding markets and generating jobs and income for the agricultural sector of the state of Paraiba.

According to the law, “Intermunicipal Agricultural Consortium” is considered to be the society of municipalities established as a public association, duly constituted, with the purpose of implementing public policies of common agricultural interest.

The following are objectives of common interest that can be implemented through Intermunicipal Agricultural Consortium:

1. cooperation and sharing of administrative and technical infrastructure;
2. the promotion, development and coordination of actions, projects and programs to guarantee the quality of agricultural products;
3. the prevention and combating of economic and clandestine fraud;
4. the expansion of trade in agricultural and agro-industrial products;
5. the increase in the generation of jobs and income and the valuing of labor in the field;
6. the expansion of production and trade of products free of pesticides.

Emergency support for shellfish farmers who have lost income due to the Red Tide phenomenon

On October 09, 2024, the State Council for Rural Development (Cederural) of Santa Catarina published Resolution SAR/Cederural No. 21/2024, providing for the project for emergency support to shellfish farmers who have lost income due to the phenomenon of harmful algae blooms, known as “Red Tide”.

Through the State Rural Development Fund (FDR), it is expected that it is possible to finance aquaculture production costing items for shellfish farmers who have suffered losses caused by Red Tide, exclusively from July to August 2024.

The resolution establishes that the farmers affected by Red Tide will be beneficiaries of the emergency project and who, in order to access the resources, must submit supporting documents, such as:

1. a contract, valid for 12 months prior to the date of occurrence of the Red Tide and in force, of the assignment of use in water bodies governed by the country;
2. annual report on the production of aquaculture in Brazilian waters (RAP);
3. commercial sales receipts for mollusks from the 12 months prior to the suspension of production due to the occurrence of the Red Tide; and
4. emergency decree or reports issued by the Integrated Agricultural Development Company of Santa Catarina (Cidasc) attesting to the occurrence of the Red Tide event.

The amount of support is limited up to BRL 40 thousand, intended for the financing of production costing items due to the loss of revenue due to the suspension of production by the farmers, and the deadline for payment of the financing will be 18 months, in monthly and successive installments, without interest or correction, with a grace period of 6 months.

State law published to institute the State Public Policy Incentive for Operators of Rio Grande do Norte

On October 19, 2024, State Law No. 11.943/2024 was published, instituting the State Public Policy Incentive for Rural Operators in the State of Rio Grande do Norte.

The policy aims to serve businesspeople who work in rural areas, with the following objectives:

1. to empower the rural businessperson for a more efficient management of his enterprise, aiming at the creation of employment and generation of income;
2. to foster entrepreneurship, leadership, cooperativism, planning and use of production and marketing techniques, aiming at rural development;
3. encourage the development of projects related to agricultural and non-agricultural activities with potential for expansion in rural areas;
4. promote the diffusion of technologies and innovations and boost investments aimed at agribusiness;
5. to integrate agricultural, environmental, educational, technical assistance and rural extension policies;
6. to increase knowledge on sustainable rural development, agricultural practices, regional and local crops, public policies for family farming, organization and social management;
7. to associate the use of traditional and modern practices to enhance agricultural production and improve the quality of life in the rural region; and
8. strengthen cooperation between the different spheres of the public and private sector, with a view to supporting rural business initiatives in accordance with the objectives of this public policy.

In order to achieve these objectives, the policy will observe the following guidelines:

1. entrepreneurial education, which aims to stimulate the teaching of entrepreneurship in rural schools, technical schools and universities, with a view to the formation of entrepreneurs in the rural regions, through initiatives that generate interest and potentialize their role in rural development activities.
2. technical training, providing non-formal practical knowledge, necessary for the proper carrying out of production, commercialization and economic and financial management of the rural enterprise.
3. dissemination of technologies and innovations in rural areas; and
4. sustainable rural development.

Power:

Installation of industrial plant for sustainable aviation fuel production

On October 08, 2024, an agreement was concluded between the Federal Ministry of Economic Cooperation and Development of Germany, through the German agency GIZ, and the company Geo Bio Gas & Carbon, for the development of the first plant for the production of sustainable aviation fuel (“SAF”), from biogas generated from biomass waste of the sugar-energy sector, in Brazil. 

The plant will be installed in the state of Sao Paulo, in view that recently, the Secretariat of Environment, Infrastructure and Logistics of the State (Semil)  concluded a study in partnership with GIZ,indicating the State of Sao Paulo as favorable to the development of the SAF hub, highlighting also the potential market, the abundance of energy resources and the existing infrastructure.  The project also has the partnership of Copersucar and the funding of the Financier for Studies and Projects (Finep).

The three-year initiative foresees investments of approximately EUR 7.8 million, of which EUR 1.5 million will be public resources in Germany. Expected production is about 750 liters/day of SAF, from 2025, which can be mixed with aviation kerosene fossil fuel (QAV), reducing the carbon footprint of air transport. 

For more information: São Paulo terá primeira planta industrial de combustível sustentável de aviação SAF a partir de resíduos do Brasil

Water Resources

Semas modernizes system of analysis and concession of water resources

On October 09, 2024, the website of the State Secretariat for Environment and Sustainability (“SEMAS/PA”) published news informing about the modernization of the Water Resources Management System (“Sigerh-PA”).

Prior to the update, Sigerh’s function was limited to issuing declarations of exemption from granting and authorization for drilling wells. Processes and requests regarding the use of water resources were also filed in the Integrated Environmental Monitoring and Licensing System (Simlam).

With the change of the system, all requests for regularization for different uses of water are now made exclusively in Sigerh-PA, which will be accessed through the Semas Authorizations Acts Portal.

The new Sigerh-PA modernizes the way in which requests for authorization of water resources uses are filed, allowing users to track their requests in real time and meet regulatory requirements more efficiently.

As such, the use of the system has become mandatory for all new requests, with clear instructions on procedures.

Suspension of the granting of a water surface use permit for generating energy by photovoltaic panels

On September 23, 2024, the Water Resources Council of the State of Ceara (“Conerh”) published Conerh Resolution No. 06/2024, determining the suspension, for six months, counting from the date of its publication, of the issuance of grants for the right to use the water surface in reservoirs of the state of Ceará or the country, by delegation, for generating energy by photovoltaic panels.

The resolution is based on the need to regulate the use of water in public reservoirs for generating energy by photovoltaic panels in an appropriate manner, since the State of Ceará foresees charging for the use of water in its public reservoirs for generating energy by photovoltaic panels, through the granting of a license.

The ongoing analyzes were temporarily suspended, and a working group (GT) was created to study the new regulation.

Sanctions

Procedures for collecting compensation for environmental damages due to facts found in the application of administrative sanctions by Ibama

On October 01, 2024, IBAMA published Ibama IN No. 20/2024, establishing procedures for collecting compensation for environmental damages through the administrative route, due to facts found in the application of administrative sanctions by Ibama.

In short, the IN guides the characterization of environmental damage, the proposal of remedial measures, as well as the monitoring of their execution in environmental damage reparation processes in the administrative sphere, conducted by Ibama.

The IN provides detailed information on the steps of the administrative process for reparation of environmental damage and the role of the agents involved in it. Regarding the last point, it determines that:

1. Ibama is responsible for the administrative collection of reparation for environmental damage resulting from facts ascertained in the application of administrative sanctions at the federal level;
2. the defendant is responsible for reparation for environmental damage that it causes or that is under its responsibility, due to non-compliance with legal obligations; and
3. to the Specialized Federal Prosecutor’s Office (PFE), the assessment, together with Ibama, regarding the filing of a public civil action for compensation for environmental damages in situations where the administrative collection of compensation for environmental damages proves to be insufficient or inadequate.

The IN establishes that, once the authorship and materiality are proven in the environmental sanctioning process, through adherence to the legal solution or a first instance administrative decision, liability for environmental damages associated with the infraction committed will be established. On this point, it is important to highlight that Decree No. 6.514/2008 determines as a legal solution: (i) the payment of the fine with discount; (ii) payment in installments of the fine; or (iii) conversion of the fine into services for the preservation, improvement and recovery of the quality of the environment.  

Furthermore, the resolution emphasizes that the characterization of environmental damages must be carried out at the time of verification of the environmental infraction, as well as in the inspection report or other technical documents available in the process, which must contain information relevant to the characterization of environmental damages, describing the facts that occurred and the qualitative and quantitative characteristics observed in the environment that are relevant to its repair. In this context, it clarifies that after the opening of the proceedings, the competent technical area may issue a technical opinion complementary to the characterization of the environmental damage resulting from the infringement recorded in the inspection report.

Regarding indirect reparation for environmental damage, that is, the restitution of the environmental attribute in another location or in an equivalent way through ecological or financial compensation, the IN determines that this modality may apply to the following cases: (I)  low-cost environmental damages; (ii)  environmental damage whose direct reparation proves technically unfeasible; (iii) environmental damage whose direct reparation proves to be technically inefficient; and (iv) environmental damages whose reparation through ecological, economic or financial compensation proves to be the most appropriate alternative due to the legal provisions for alternative use of the natural resource.

It then presents specific information about the environmental project for the purposes of Compensation for Damages and TCRA, addressing the minimum content of the two legal cases for reparation.

It also points out the possibility of unsuccessful reparation, which will occur when attempts to collect reparation for environmental damages through the administrative route are exhausted, being characterized, isolated or cumulatively, in the following cases:

1. failure to submit an environmental project by the administrator after the proper notification;
2. two subsequent rejections of the environmental project;
3. failure to comply with the notifications within the time limits set out in the IN;
4. unsuccessful notifications related to compensation for environmental damages duly registered in the process; and
5. Non-compliance with TCRA clauses and environmental damage reparation obligations.

Furthermore, it provides that failure to comply with the obligation to compensate for environmental damages may result, cumulatively or separately, in the administrative sphere: (I ) the inclusion of the person charged into a public list of debtors of compensation for environmental damages with Ibama; (ii ) the registration of information regarding pending compensation for environmental damages with Ibama in the property registration or equivalent registry; and (iii) the determination of administrative liability for an autonomous violation with the application of new sanctions and applicable precautionary measures.

Finally, the resolution provides that, in cases of omission related to compensation for environmental damage, Ibama, upon becoming aware of a public civil action related to the object of the administrative charge for compensation for environmental damage, may subsidize it, in which case compensation in the civil and criminal spheres prevails over the administrative one.

Penalties applicable due to liability for fires and burning

On October 01, 2024, the Government of the State of Rondonia published State Law No. 5.883/2024, laying out the applicable sanctions due to liability for fires and burning.

According to the law, natural or legal persons who are proven to be responsible for causing fires or burning of any kind at levels that result or may result in damage to human health, or that cause the death of animals or the significant destruction of the flora, are subject to sanctions.

With regard to penalties, the IN determines that the offender who causes fire or burning in forests or other forms of vegetation, which causes pollution of any nature, will be subject to the following sanctions – without prejudice to the criminal and civil penalties applicable:

1. Legal entity: (a) a fine of 100 Rondônia Standard Tax Units (UPFs/RO) for each 1,000 m² of area impacted by fire or burned; (b) prohibition from bidding or contracting with the government; (c) a declaration of unsuitability; and (c)provision of services to the community; and,
2. Physical person: (a) a fine of 50 UPFs/RO for each 1,000 m² of area impacted by fire or burned; (b) prohibition from contracting with the Government or receiving tax or credit benefits or incentives; and (c) loss of public office, understood in a broad sense, covering all types of links, functional or otherwise, of the public agent with the government, subject to compliance with due process and the guarantee of full defense.

Emergency situation – Fires and Water Scarcity:

National Committee for Integrated Fire Management

On October 09, 2024, the Federal Government instituted the National Committee for Integrated Fire Management, which brings together federal, state, municipal and civil society representatives to reinforce actions to prevent and combat fires in Brazil.

The committee is provided for in the National Integrated Fire Management Policy ( Federal Law No. 14.944/2024), and aims to reduce forest fires in the country, being a consultative and deliberative body that will propose measures and resolutions, as well as systematize and report information about fires in the national territory. Other tasks include establishing guidelines for fundraising for monitoring and training on the use of fire in economic and cultural activities.

The committee will have three working groups, for the following purposes: (I) to prepare its internal regulations; (ii) to regulate Articles 10 and 45 of the National Management Policy, which deal respectively with the guidelines for the Integrated Fire Management Plans and actions to prevent and combat fires on rural properties; and (iii) to regulate article 7 of Rule 32 of the same policy, regarding the rules for issuing authorization by accession and commitment to carry out controlled burning.

The committee will be chaired by the Ministry of Environment and Climate Change (MMA) and will have the participation of ten other ministries, IBAMA and the Chico Mendes Institute for Biodiversity Conservation (ICMBio). The group will also have four representatives of state environmental entities, two of municipal entities and one of the National Council of Military Fire Commanders General.

Another ten seats will be occupied by civil society organizations, including two representatives of environmental protection entities, two from the agricultural sector, two from indigenous peoples, two from quilombola communities and two from traditional peoples and communities. 

The next committee meetings are scheduled for November 27, 2024 and January 29, 2025.  

Declaration of an emergency situation in specific municipalities

In the month of October, several ordinances were published by the National Secretary of Protection and Civil Defense, recognizing the emergency situation of municipalities throughout Brazil, due to intense periods of drought and fires, in all Brazilian regions, especially in the State of Amazonas. The ordinances can be accessed at the following links:

MIDR/ SNPDC Ordinance No. 3223/2024;

MIDR/ SNPDC Ordinance No. 3224/2024;

MIDR/SNPDC Ordinance No. 3226/2024;

MIDR/ SNPDC Ordinance No. 3227/2024;

MIDR/SNPDC Ordinance No. 3228/2024;

MIDR SNPDC Ordinance No. 3289/2024;

MIDR SNPDC Ordinance No. 3303/2024;

MIDR SNPDC Ordinance No. 3304/2024;

MIDR SNPDC ORDINANCE No. 3307/2024;

MIDR SNPDC Ordinance No. 3308/2024;

MIDR SNPDC ORDINANCE No. 3310/2024;

MIDR SNPDC ORDINANCE No. 3334/2024;

MIDR SNPDC Ordinance No. 3335/2024;

MIDR SNPDC ORDINANCE No. 3336/2024;

MIDR SNPDC ORDINANCE No. 3344/2024;

MIDR SNPDC ORDINANCE No. 3347/2024;

MIDR SNPDC ORDINANCE No. 3348/2024;

MIDR SNPDC ORDINANCE No. 3349/2024;

MIDR SNPDC ORDINANCE No. 3384/2024;

MIDR SNPDC Ordinance No. 3385/2024;

MIDR SNPDC ORDINANCE No. 3386/2024;

MIDR SNPDC ORDINANCE No. 3388/2024;

MIDR SNPDC Ordinance No. 3392/2024;

MIDR SNPDC ORDINANCE No. 3416/2024;

MIDR SNPDC Ordinance No. 3420/2024;

SNPDC MIDR ORDINANCE No. 3428/2024;

MIDR SNPDC ORDINANCE No. 3429/2024;

SNPDC-MIDR Ordinance No. 3445/2024;

MIDR- SNPDC ORDINANCE No. 3446/2024;

SNPDC- MIDR ORDINANCE No. 3447/2024.

The declarations were made by the National Secretary of Protection and Civil Defense, given that the MDR Ordinance No. 2.212/2023 delegated to this agent the competence to recognize the emergency situation or the state of public calamity declared by the municipalities, the Federal District and states affected by disasters.

Critical situation of quantitative scarcity of water resources in the Xingu and Iriri rivers

On October 02, 2024, the National Agency for Water and Basic Sanitation (“ANA”) published Resolution ANA No. 214/2024, which declares a critical situation of quantitative water scarcity in the Xingu River and its tributary, the Iriri River, until November 30, 2024. The period may be extended or suspended, through technical analysis, if critical conditions of water scarcity persist in the basin or if more favorable hydrological conditions occur that lead to the rise of water levels.

According to the resolution, the declaration aims to:

1. ensure the processes of hydrological monitoring in the Xingu and Iriri rivers;
2. identify impacts on water use, and propose mitigation measures in conjunction with several user sectors and water resources management bodies;
3. allow regulators and sanitation service providers to adopt contingency tariff mechanisms with the aim of covering additional costs arising from scarcity;
4. allow ANA to establish and supervise compliance with water use rules in water bodies covered by the water scarcity declaration;
5. signal, to the various user sectors, the need to implement their contingency plans and the adoption of special measures necessary during the period of scarcity (supply, navigation, etc.); and
6. To enable the process of declaring a state of calamity or emergency due to drought by municipalities or states, based on coordination with the National Civil Defense and Protection System, aiming at expedited or anticipated recognition and assistance by the Federal Executive Branch.

(PT) Critical situation of quantitative scarcity of water resources in the Tapajos River

On September 26, 2024, ANA published Resolution ANA No. 212/2024, declaring a critical situation of quantitative scarcity of water resources in the lower section of the Tapajos River, between the cities of Itaituba (PA) and Santarém (PA), until November 30, 2024. The period may be extended, through technical analysis, if the critical conditions of water scarcity persist in the basin, as well as suspended, if more favorable hydrological conditions occur that lead to the elevation of water levels of the stretch below the Tapajos River.

According to the standard, the declaration aims to:

1. ensure the hydrological monitoring processes of the Tapajos River and its tributaries, Teles Pires and Juruena rivers;
2. identify impacts on water use, and propose mitigation measures in conjunction with several user sectors and water resources management bodies;
3. allow regulators and sanitation service providers to adopt contingency tariff mechanisms with the aim of covering additional costs arising from scarcity;
4. allow ANA to establish and supervise compliance with water use rules in water bodies covered by the water scarcity declaration;
5. signal, to the various user sectors, the need to implement their contingency plans and the adoption of special measures necessary during the period of scarcity (supply, navigation, etc.); and
6. enable the process of declaring a state of calamity or emergency due to drought by municipalities or states, through coordination with the National Civil Defense and Protection System, aiming at expedited or anticipated recognition and assistance by the Federal Executive Branch.

State of Emergency due to forest fires

On September 26, 2024, the Government of the State of Amazonas published State Decree No. 50.349/2024, declaring a state of emergency, for a period of 180 days, in the 22 municipalities of the state of Amazonas, located in the southern region of Amazonas and the metropolitan region of Manaus due to forest fires, indicated in the Single Annex of the decree.

Through the decree, the adoption of the measures necessary to respond to the adverse event is authorized, and may, in particular, promote the acquisition of goods necessary to meet the emergency situation and installments of works and services that can be completed within a maximum period of one year.

Suspension of fire use

On September 30, 2024, the Secretary of State for the Environment (Sema/AP) published SEM/AP Ordinance No. 277/2024, determining the suspension of the use of fire throughout the state territory of Amapa from October 01 to 31, 2024, seeking to prevent hotspots, forest fires and air quality indices harmful to health.

The ordinance emphasizes that the suspension covers controlled burning, planned application as a production and management factor in agricultural or forestry activities, creation of firebreaks and for scientific and technological research purposes, under environmental conditions defined in the burning window, in an area with previously defined physical limits, and with desired fire behavior.

The following situations provided for in the ordinance are not subject to the suspension of controlled burning, namely: (i) controlled burning, when essential to the performance of subsistence agricultural practices carried out by traditional and indigenous populations; (ii) fire prevention and fighting practices carried out or supervised by public institutions responsible for the prevention and fight against forest fires; and (iii) phytosanitary control, where there is no alternative, provided that it is authorized by the competent environmental agency and informed to the environmental agency.

Guidance to owners or holders of rural properties affected by accidental or criminal forest fires

On September 19, 2024, IAT published IAT Ordinance No. 360/2024, establishing guidelines for owners or holders of rural properties affected by accidental or criminal forest fires, occurring in their respective properties or holdings. The ordinance also establishes measures to be implemented by the environmental agency, during the validity term of  State Decreeⁿ No. 7.258/2024, which declares the areas of municipalities affected by drought in the State of Parana as “in a state of emergency”.

The ordinance provides that, in the event of forest fires, the competent environmental agencies may issue an administrative notification to the owners of the occurrence of the environmental administrative infraction, adopting the application of the applicable administrative sanctions. In cases where forest fires have been caused by the rural owner or holder, or if he or she has contributed in some way to the fire spreading or not being properly controlled, administrative and criminal sanctions will be applied, regardless of prior notification.

The ordinance also establishes that, within a maximum period of 90 days, after having its property or rural holding affected by fire, the rural owner or holder should adopt the following measures:

i. file a police report (BO) before the competent police authority describing:

1. the start and end date of the event;
2. the condition in which the “forest fire” that reached its property or rural holding occurred;
3. possible causes or suspicions;
4. the conditions of the area before the fire;
5. the location affected, preferably based on Universal Transverse Mercator (UTM) geographic coordinates, if possible; and
6. environmental damage caused.

ii. appear in person at the Regional Watershed Management Office/Local IAT Center, responsible for the area of ​​operation, within 15 days after the police report and/or notification is filed, with supporting documents for the information described in Clause I, to sign the “Environmental Damage Repair Commitment Agreement”.

In the event of accidental fire, the IAT will contribute to the supply of seedlings for implementation and execution of the actions provided for and approved in the “Damage Repair Commitment Agreement”. Additionally, areas subjected to accidental or criminal fire, during the term of this ordinance, cannot be converted to alternative land use.

Finally, it determines that, in the event of a fine by the IAT, in the same area that was the subject of the Commitment Term, the rural owner or possessor must attach the Commitment Term for Repair of Environmental Damage, in addition to a statement informing the current phase of compliance with the Degraded Areas Recovery Plan (PRAD), so that the environmental infraction notice can be reassessed and, depending on compliance with the conditions, reconsidered.

State of Emergency throughout the state territory of Para, due to forest fires

On October 01, 2024, the Government of the State of Para published State Decree No. 4.234/2024, declaring a “ State of Emergency” throughout the state territory of Para, in view of disasters classified and coded as “Forest Fire in Parks, Environmental Protection Areas and National, State or Municipal Permanent Preservation Areas and fires in unprotected areas, with repercussions on air quality”.

The decree provides that  all state agencies and entities are authorized to act under the coordination of the State Civil Defense Coordination in disaster response and rehabilitation actions, including the execution of priority recovery programs and projects, as well as the call for volunteers to reinforce disaster response actions, respecting current safety guidelines and health protocols in force.

In the case of public utility, the initiation of expropriation processes is authorized, in accordance with federal legislation applicable to the subject, observing their conditions and consequences.

MAPA – MINISTRY OF AGRICULTURE AND LIVESTOCK REGULATION

Ordinance recommends the use of PPE for handling green tobacco

On October 21, 2024, Ordinance No. 725 of the Ministry of Agriculture and Livestock (“MAPA”) was published, which amends the Annex to IN No. 21, of March 10, 2020, approving the Specific Technical Standard for Integrated Tobacco Production. The measure only included the recommendation for the use of Personal Protective Equipment (PPE) for handling green tobacco when tobacco leaves are wet or damp due to rain or dew. 

USA no longer requires CSI for export of Brazilian fish

On October 18, 2024, MAPA announced that the United States no longer requires International Health Certification (CSI) for the import of Brazilian fish. The measure seeks to simplify and strengthen international trade in fish, reducing bureaucracy for exporters and promoting greater competitiveness in the US market.

The Minister of Agriculture and Livestock, Carlos Fávaro, pointed out that the measure reflects international confidence in the Brazilian health control system and will contribute to the intensification of trade between the two countries. Despite the debureaucratization, Brazilian exporters will continue to follow the rules of the US Federal Food and Drug Administration (FDA).

Federal Government launches 3rd National Plan of Agroecology and Organic Production

On October 16, 2024, the Federal Government announced the launch of the 3rd National Plan for Agroecology and Organic Production (“Planapo”), with the aim of expanding and strengthening the production, handling and processing of organic and agroecological products.

Planapo includes financial incentive actions, support for the agroecological transition, sustainability and environmental conservation. The priority target audience includes micro and small rural enterprises, cooperatives and family farmers’ associations, settled in agrarian reform, traditional peoples and communities. In addition, the National Food Supply Plan “Food on the Plate” (Planaab) was launched, which aims to structure an efficient and sustainable food supply system in the country, benefiting vulnerable populations and strengthening family agriculture.

Another highlight was the launch of the ‘Arroz da Gente’ program, which encourages the production and formation of rice stocks, with an investment of about BRL 1 billion to purchase up to 500 thousand tons of the grain.

MAPA launches app to streamline laboratory analysis in the agricultural sector

On October 04, 2024, MAPA launched the MAPA LABs application, an innovative tool that seeks to streamline laboratory analysis in the agricultural sector. Developed by the Department of Agricultural Defense (SDA) and the Information Technology Subsecretariat (STI), the app allows the collection of samples and the sending of results of laboratory analysis more quickly and efficiently.

MAPA LABs is the first technological solution of the Integrated Services Platform of Agricultural Defense (PSDA) and aims to integrate information, giving greater speed to processes. The app will work online and offline by offering integration services to laboratories via an Application Programming Interface (API), automatically connecting them to the production chain. The Secretary of Agricultural Defense, Carlos Goulart, pointed out that this innovation brings greater security, facilitates data management and relieves both public and private services.

Initially, the application will be used for official and private monitoring of pathogens, as provided for in the National Pathogen Control Program. Subsequently, all the official samples collected from the Secretariat of Agricultural Defense will be migrated to MAPA LABs, integrating into the platform’s unique database. The measure will make the analysis process more secure, efficient and faster, eliminating the need for paper forms and reducing errors and fraud.

MAPA holds seminar on Good Clinical Practices in the registration of veterinary products

On October 02 and 03, 2024, MAPA held a seminar on Good Clinical Practices in the scope of veterinary products registration in Brasilia. The main objective of the seminar was to promote the understanding and application of the principles of Good Clinical Practices in animal studies, which are essential for the registration, alterations and license renewal of veterinary products. These practices seek to ensure greater safety and effectiveness of medicines and vaccines used in the veterinary industry. The measure seeks to improve the essential aspects to ensure safety in veterinary product registration processes.

REAL ESTATE REGULATION

STF advances in discussion about Temporal Framework Law

On October 14, 2024, the Federal Supreme Court (“STF”) held a new conciliation hearing to follow up the analysis of excerpts from the Temporal Framework Law (Law 14,701/2023). The members of the commission discussed the summons and the participation of stakeholders in the process of demarcation of indigenous lands, with the main focus being the possibility of exploring new sources of financing for compensation for demarcations.

The aim of these meetings is to seek consensus among the parties involved so that the issue is resolved in the best possible way. In addition to the debates on the Temporal Framework Law, there was a presentation on Payment for Environmental Services (PSA) programs, which aim to make payments to environmental recovery and preservation agents.

The agenda of the next hearing, which took place on October 23, 2024, was the discussion on the Temporal Framework argument, the STF case law and the presidential vetoes to the law. The follow-up of these discussions is essential for the analysis of possible impacts on transactions related to rural properties.