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The International Trade team of Estudio Echecopar, associated with Baker & McKenzie International, obtained an important decision in favor of several importers of processed food and non-alcoholic beverages, members of the Lima Chamber of Commerce, after the Court for the Defense of Competition and Protection of Intellectual Property ratified that the prohibition on the use of octagon adhesives in imported processed food constitutes a non-tariff trade barrier.

Estudio Echecopar, a member firm of Baker & McKenzie International, has updated the Doing Business in Peru 2023 guide to provide investors with useful information on the legal and regulatory framework they need to know to do business in the country. The guide focuses on the relevant aspects of legislation, the legal system, safeguards and other important nuances of local regulations to help investors conduct and maintain successful activities in Peru.

Ministerial Resolution No. 089-2023-MINAM approving the Minimum Content of the Minimization and Management Plan for Non-Municipal Solid Waste, was published on 9 March 2023.
It should be recalled that the Non-Municipal Solid Waste Minimization and Management Plan (PMMRS), also called the Solid Waste Management Plan, is part of the Environmental Management Strategy, or the one that takes its place, included in the corresponding Environmental Management Instrument. The publication of the content of the PMMRS had been put on hold by the Ministry of Environment since 2017, with the issuance of the Regulation of Legislative Decree No. 1278, Legislative Decree approving the Law on Integrated Solid Waste Management.

The Superintendence of Banking, Insurance and Private Pension Fund Administrators (SBS) published SBS Resolution No. 00511-2023, which approves the procedure to carry out the prior control of concentration operations involving companies of the financial or insurance system, within the framework of Law No. 31112, the law that establishes the prior control of corporate concentration operations, and its regulations.

On 11 February, Ministerial Resolution No. 047-2023-MINEM/DM, which pre-publishes the “Draft Supreme Decree that establishes complementary provisions for the Detailed Environmental Plan regulated in the Regulation for Environmental Protection in Electrical Activities, approved by Supreme Decree No. 014-2019-EM” was published.

On 31 December 2022, Supreme Decree No. 022-2022-SA was published in the extraordinary digital edition of the official journal El Peruano. The decree extended the deadline by which adhesives that incorporate advertising warnings on imported food and nonalcoholic beverages, including those marketed by micro and small businesses must stop being used.
The extension has been granted until 30 June 2023.

Decision No. 908 of the Commission of the Andean Community was published in the Official Journal of the Cartagena Agreement N° 5097 on 29 December 2022. Through Decision 908, the provisions of Decision 706 (Harmonization of legislation on household hygiene products and absorbent personal hygiene products) have been amended, in the sense of facilitating imports of these products from third countries.

The deadline that allows the use of adhesives or stickers to attach octagonal advertising warnings on imported processed foods and non-alcoholic beverages (imported foods) in accordance with the healthy eating framework was on 31 December 2022. In the absence of a new extension allowing the use of stickers to date, a number of questions arise, which are addressed in this alert.