Decree No. 12,688/2025 establishes a new reverse logistics system for plastic packaging.

On October 21, 2025, the Federal Government published Decree No. 12,688 , which creates the National System for Reverse Logistics of Plastic Packaging, regulating provisions of the National Solid Waste Policy (Law No. 12,305/2010).

The regulation aims to establish rules for the disposal of post-consumer plastic packaging, expanding the responsibility of manufacturers, importers, distributors, and retailers throughout the national territory.

The decree seeks to structure and operationalize an integrated reverse logistics system, focusing on recyclability, the use of recycled content, and the valorization of the waste picker chain. It proposes to increase the transparency and traceability of waste flows, integrating the system with SINIR (National Information System on Solid Waste Management).

Furthermore, the text harmonizes reverse logistics with environmental credit instruments, such as the Reverse Logistics Credit Certificate (CCRLR) and the Structuring and Recycling Certificate (CERE), regulated by Decree No. 11,413/2023.

The new decree imposes obligations on the entire production chain:

• Manufacturers, importers, distributors, and retailers are now required to structure, finance, and operate reverse logistics systems, in proportion to the mass of packaging placed on the market.

• Consumers must dispose of packaging at Voluntary Delivery Points (PEVs) or return returnable packaging according to the manufacturer’s instructions.

• The public authorities will act in the inspection and integration of data, and may condition environmental licenses on compliance with the targets.

The Decree entered into force on the date of its publication and will be implemented in two main phases:

• Phase 1 (up to 180 days):

° Membership in a management entity or individual model declaration.

 

° Structuring the financial mechanism and the environmental communication plan.

 

° Implementation of the information and reporting system to SINIR.

• Phase 2 (4-year timeframe after Phase 1):

° Installation of Voluntary Delivery Points (PEVs) and execution of destination goals.

 

° Hiring cooperatives and associations of waste pickers on a paid basis.

 

° Annual monitoring and verification of results.

The decree defines geographical and quantitative targets. Companies must install at least one PEV (Point of Voluntary Delivery) for every 10,000 inhabitants in municipalities with more than 10,000 residents, and at least one point in each municipality with a population smaller than that limit. Installation must occur gradually, at a rate of 25% per year during Phase 2.

Proof of targets will be provided through tax documents (NF-e and MTR) and, alternatively, through the acquisition of credits (CCRLR, CERE or Future Mass Credit).

The new regulatory framework aims to stimulate investments in recycling infrastructure, expand the inclusion of cooperatives, and reduce the volume of plastic destined for landfills and dumps, aligning Brazil with international commitments to circular economy and sustainability.

Companies that manufacture, import, or market products with plastic packaging must immediately:

1. Map the mass and types of packaging placed on the market.

2. Choose the operating model (collective via a management entity or individual).

3. Plan the PEV network according to the established schedule.

4. Establish contracts with licensed cooperatives and logistics operators.

5. Implement traceability and reporting systems to SINIR.

Therefore, Decree No. 12,688/2025 will require companies to adapt to the new system, thus requiring technical, legal, and financial planning, under penalty of fines and restrictions on environmental licenses.

The environmental and regulatory team at De Vivo, Castro, Cunha e Whitaker Advogados is available to support compliance assessments and the structuring of reverse logistics plans.