Compliance with legal requirements is one of the principles present in all sustainability standards for biofuels and, certainly, one of the most demanding efforts by organizations seeking certification.
Considering Brazilian legislation, there are numerous relevant laws applicable to agricultural areas and industrial units producing biofuels.
Based on field experience, there are some deviations that are observed more frequently in Brazil, being them:
- Failure to comply with all operating license conditions, as environmental monitoring and controls required for effluents, proper disposal of hazardous waste or prior analysis of industrial waste applied to plantations;
- Failure to comply with Labor Regulatory Standards, such as NR31 in agricultural activities (living areas, mandatory training, storage of pesticides and disposal of their used packaging, between others) and NR10 and NR13 in industrial activities;
- Disrespect for labor legislation, in particular to items related to working hours (mandatory breaks and overtime limit);
- Disrespect for permanent preservation areas (APPs), either by maintaining commercial plantations within the APP strips or by the absence of specific authorizations for interventions in these areas;
- Absence of grants for water abstraction for agricultural and industrial use.
To contribute to meeting legal requirements, some of the practices below can be adopted by organizations:
- Implementation of an identification system, analysis and deployment of applicable laws from all spheres - federal, state and municipal, as well as the international agreements and treaties mentioned in the certification standards. It is important that the system is not restricted to environmental issues, but may also cover labor and occupational health and safety requirements;
- Establishment of internal verification mechanisms, such as internal audits and monitoring of activities, accompanied by procedures for handling non-conformities, when these are identified;
- Conducting a legal compliance check conducted by a third party, from which deviations are identified and corrective and preventive actions defined.
There are many other practices that can be considered.. Each organization must seek those that are most appropriate to its reality and its management system.
Remember if: A conformidade legal não é apenas um requisito da certification, but part of its commitment as a company operating in the country, reinforcing your social responsibility.
Some biofuels certification systems offer documents with practical guidelines for carrying out an Environmental and Social Impact Assessment. Aurea M. B. Nardelli, PhD in Forest Science, Auditor and Consultant.
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