The purpose of the Supreme Decree is to improve the scheme of articulation between the actions of the entities involved in the environmental impact assessment process and to establish details regarding the collection of baseline information for Environmental Impact Studies and their modifications.
The main provisions of the Supreme Decree include the following:
1. Identification of projects whose EIA-d or MEIA-d are evaluated under the Articulation Scheme
The corresponding sectorial authorities should identify the prioritized projects whose EIA-d (Environmental Impact Assesment) or MEIA-d (Environmental Impact Assesment modification) require evaluation under the Articulation Scheme2, and request the National Environmental Certification Service for Sustainable Investments (SENACE) to implement the scheme at any stage of the evaluation process.
2. Implementation of the Articulation Scheme
Depending on the EIA-d and MEIA-d evaluation stage in which the Articulation Scheme is implemented, SENACE will convene the following meetings: (i) presentation of the project; (ii) progress of the EIA-d or MEIA-d evaluation; and (iii) meetings with SENACE where observations will be raised.
3. Consolidated observations report
SENACE prepares a consolidated report containing its observations, differentiating them from the observations of the binding reviewers, and they must not duplicate or contradict each other. The consolidated report is sent to the project owner need to respond to the observations.
4. Regarding the collection of biological baseline information
It is established that the survey for the biological baseline, including the collection or temporary capture of species, must be carried out in accordance with the guide for the preparation of the baseline within the framework of the National Environmental Impact Assessment System, except when it is carried out in Natural Protected Areas, which is governed by the regulations on the matter.
If field data collection is required, the owner of Category II or III projects (EIA-sd or EIA-d) informs the National Forestry and Wildlife Service (SERFOR) that the collection or temporary capture of forest or wildlife resources is required, attaching a technical document for the heritage study. Once the activities have been completed, the owner must submit the final report of the heritage study to SERFOR.
It is important to note that in order to begin collection or temporary capture, the owner must have the corresponding entry permits. However, biological monitoring actions within the area of influence, approved as part of the environmental management instrument, do not require authorization from SERFOR.
We hope you will find this information useful. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read the Spanish version.
1 Articles 5, 6 and 7 have been amended, and Article 13 has been incorporated into Supreme Decree No. 013-2023-MINAM.
2 The purpose of the articulation scheme is to apply standardized criteria in a coordinated manner among the different entities involved, in order to issue a consistent pronouncement regarding the environmental viability of an investment project.
* * * * *
© 2024 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
