Page 28 - Implementation of the ITU-T International Standards for the Sustainable Management of Electrical and Electronic Equipment: On the road to a circular economy in Argentina
P. 28

Implementation of the ITU-T International Standards for the Sustainable Management of
                           Electrical and Electronic Equipment: On the road to a circular economy in Argentina



                   Likewise, the National Civil and Commercial Code (NCCC) includes a chapter on environmental
                   protection at the national level. 11

                   Specifically, Argentina does not have generic regulations governing waste management.
                   However, there is a compendium of legislative measures that regulate the different waste
                   streams. Although the country does not have a law at the national level on WEEE management,
                   different norms regulate it directly and indirectly.

                   Act 25.916  on minimum requirements, covers the integral management of household waste,
                             12
                   either of residential, urban, commercial, welfare, sanitary, industrial or institutional origin, except
                   for those regulated by any specific ruling.

                   Two articles of this Act, which can be applied to WEEE management are highlighted:

                   1)   Article 2: Household waste is defined as those elements, object, or substances that,
                        because of the processes of consumption and development of human activities, are
                        discarded and/or abandoned.
                   2)   Article 35: The competent authorities shall set up, within their jurisdiction, special
                        management programmes for household waste that, due to their hazardous
                        characteristics, harm, or toxicity, may be a significant risk to human or animal health, or to
                        the environmental resources.

                   Article 35 of Decree 779/2022 which regulates Act 25.016, points out that specific management
                   programmes must be implemented for EEE due to their specific characteristics.

                   Regarding hazardous waste, Act 24.051  establishes that any waste that directly or indirectly
                                                       13
                   may damage living beings or contaminate the soil, water, atmosphere, or environment in
                   general, will be considered hazardous.

                   In turn, the Integral Management of Industrial and Service Activities Waste Act (Act 25.612)
                                                                                                      14
                   defines the minimum environmental protection requirements for integral management in the
                   national territory of waste from industrial processes or service activities. This law coexists with
                   the Hazardous Waste Act 24.051.

                   The legislation in force on hazardous waste (Acts 24.051 and 25. 612)  is not applicable to WEEE,
                                                                               15
                   although it is sometimes used in the absence of specific legislation, since some components
                   of WEEE are considered by the legislation as hazardous waste because they are contaminated
                   with hazardous waste streams such as copper, zinc, chromium, lead, PCBs.







                   11   The NCCC protects the environment through articles 14, which states: "The law does not protect the abusive
                      exercise of individual rights when it may affect the environment and the rights of collective incidence in
                      general", 240 and 241, and establishes the duties of damage prevention and repair in Book Three, Title
                      V, Section Two, with the preventive function and excessive punishment and the duties of prevention and
                      repair of damage in Book Three, Title V, Section Two, with the preventive function and excessive punishment
                      -articles 1710 to 1715 NCCC.
                   12   Link to Act 25916 on minimum environmental protection requirements for the integral management of
                      household waste: http:// servicios .infoleg .gob .ar/ infolegInternet/ verNorma .do ?id = 98327.
                   13   Link to Act 24051, on hazardous waste: http:// servicios .infoleg .gob .ar/ infolegInternet/ verNorma .do ?id = 450.
                   14   Link to Act 25916, on minimum environmental protection requirements on the integral management of
                      waste from industrial and service activities: http:// servicios .infoleg .gob .ar/ infolegInternet/ verNorma .do ?id
                      = 76349.
                   15   Link to Acy 25612, minimum requirements for the management of waste from industrial sources: http://
                      servicios .infoleg .gob .ar/ infolegInternet/ verNorma .do ?id = 76349.



                                                             7
   23   24   25   26   27   28   29   30   31   32   33