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Ministry of Environment publishes its Regulatory Agenda for 2023

Legal bulletin News
November 21, 2022

Ministry of Environment publishes its Regulatory Agenda for 2023

The Ministry of Environment and Sustainable Development (“MADS”) published the draft of its Regulatory Agenda for 2023, for consultation by the general public. This sectoral planning document contains the general regulatory projects that the MADS, as the entity that governs public policy in the environmental sector, plans to develop in the coming year.

This initial draft has a total of seventeen (17) regulatory projects, whose development has already been assigned to different MADS’ units, and which will arise as decrees to be signed by the President of the Republic, and/or as resolutions to be issued by the MADS. The following are the said projects:

Unit/OfficeScope of regulatory project

(As per included in the Draft)

Semester or month of 2023 in which it will be published
Climate Change and Risk Management Directorate“Whereby Decree 926 of 2017 and 446 of 2020 are amended” (referring to the regulation of the procedure for not charging carbon tax).First Semester
“Regulation of the National Climate Change Council (CNCC) and Strengthening of the SISCLIMA”.First Semester
“Whereby it regulates the National Greenhouse Gas Emission Trading Quota Program (PNCTE)”.First Semester
“Whereby Article 10 of Law 388 of 1997 is regulated with the purpose of including climate change management within the determinants of land use plans”.Second Semester
“By which international transfers of mitigation results carried out in Colombia are regulated”.Second Semester
“Establishing Carbon Budgets”Second Semester
Directorate for Environmental Management of the Territory – SINA“Whereby part 3 is added to Book 1 of Decree 1076 of 2015, Sole Regulatory Decree of the Environment and Sustainable Development Sector, in relation to the coordination and articulation of the environmental entities of the National Environmental System and other provisions are adopted.”Second Semester
Education and Participation Subdirectorate“By means of which the activities and procedures involved in the sanction of community work in environmental matters, and the preventive measure of attendance to mandatory environmental education courses as part of the reprimand are regulated.”February 2023
“Decree whereby the National Indigenous Environmental Commission – CNAI”.To be defined

 

Directorate of Environmental, Sectorial and Urban Affairs“Whereby Chapter 3 of Title 1 of Part 2 of Part 2 of Book 2 of Decree 1076 of 2015 is amended in relation to environmental licensing.”First Semester
“Whereby Title 6 of Decree 1076 of 2015, for the Environment and Sustainable Development sector, is amended and added as it relates to the integrated management of hazardous waste.”First Semester
“Whereby the control of transboundary movements of non-hazardous waste destined for recovery activities is regulated and other provisions are adopted.”First Semester
“By which mechanisms are established for the gradual implementation of the Basic Performance Standards – EBD in storage facilities, use or transfer of solid waste, which are not subject to environmental licensing. First Semester
Forestry, Biodiversity and Ecosystem Services Directorate“By which the collection and use of biological resources for bioprospecting, commercial and industrial purposes is regulated”.First Semester
“Structuring of the proposal to update Decree 1076 of 2015, as it relates to the topics in column H.” (“permits for the collection of specimens of wild species of biological diversity for non-commercial scientific research purposes and biological collections in the country”).First Semester
“Regulation of Law 2206 of 2022 “Whereby the productive use of bamboo and bamboo is encouraged”First Semester
“Designation of an area of Lake Tota as a wetland of international importance Ramsar (regulates Law 357 of 1997).  In the framework of the management and work being done in Lake Tota, more than two years ago in which progress has been made in the generation of cartographic and thematic information, with which the polygon proposal and the FIR (Ramsar Information Sheet) were built, additionally there are already different spaces for socialization and work with the different stakeholders in the region.”First Semester

 

For each of the projects mentioned above, the draft regulatory agenda includes, in addition to a general overview of the subject matter of the regulation: (i) who are the MADS officials in charge of its development; (ii) the entities participating in its design and those with competence for its issuance; (iii) the rules that would be modified with its issuance and the type of legal instrument that would be used for it.

The MADS will receive comments from the public on the content of this draft of its regulatory agenda 2023 until November 30, 2022. Those interested in communicating their comments to the MADS should do so in the format defined by the entity for such purposes and send them to the following e-mails: viceordenamiento@minambiente.gov.co and vicepoliticas@minambiente.gov.co.

(See attached documents)

For more information on this subject, please do not hesitate to contact us:

Álvaro José Rodríguez

alvaro.rodriguez@phrlegal.com

Mariana Sánchez

mariana.sanchez@phrlegal.com

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