Decree No. 12.438 regulating art. 49, § 1 of Law No. 12.305 to provide for exceptions to the ban on importing solid waste.

This Decree regulates art. 49, § 1, of Law No. 12.305 of 2 August 2010, to provide for exceptions to the ban on importing solid waste. The movement of waste covered by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, enacted by Decree No. 875 of 19 July 1993, will observe the procedures established by that Convention. It establishes the prohibition to import waste of any kind, hazardous solid waste and waste that, due to its properties, damages the environment or sanitary integrity, with the exception of the provisions of art. 49, § 2, of Law no. 12.305. The import of waste for purposes other than the transformation of strategic materials and minerals in industrial processes is prohibited, in accordance with the provisions of art. 49, caput and § 1, of Law No. 12.305. The import ban referred to in art. 49, § 1, of Law 12.305 does not cover the return of waste exported by the country.