In more detail
The Project establishes new terms and conditions for the owners of manufacturing or domestic trade industries to present the environmental adequacy of their ongoing activities, and of the components or activities, that have been executed without having the corresponding environmental management instrument the corresponding environmental management instrument (Spanish term here (IGA)) or its modification, respectively.
In 2019, an exceptional term was granted so that the holders that started their activities without an IGA, could submit a corrective IGA. This term expired in June 2023. However, this measure did not include those who, having an approved IGA, made changes to their components or activities without the corresponding modification. Therefore, this Project includes two environmental adequacy assumptions.
Main provisions of the Project
1. Environmental suitability, conditions and deadlines
Two assumptions for environmental suitability are identified:
i. Ongoing activities that do not have an IGA
Licensees that started operations without an IGA before 27 October 2022 must submit to Ministry of Production (Ministerio de la Produccion (PRODUCE)) the Environmental Adequacy Declaration (Spanish term here (DAA)) or the Environmental Adequacy and Management Program (Spanish term here (PAMA)) as appropriate.
The submission must be made according to the deadlines indicated in the annex of this Project complying with the environmental adequacy conditions indicated in the annex of Supreme Decree No. 006-2019-PRODUCE.
For these purposes, it is specified that "start of operations" should be understood as the startup of the processing of inputs or raw materials to generate manufacturing products.
If the holder does not submit the corrective IGA within the deadlines established in the annex of this Project, the Agency for Environmental Assessment and Enforcement (Organismo de Evaluación y Fiscalización Ambiental (OEFA)) may order its submission to PRODUCE, without prejudice to the imposition of penalties and administrative measures that may be applicable.
ii. Activities with an approved IGA, but which implemented components and activities without having obtained the corresponding modification.
Licensees that have executed components or activities without obtaining the previous modification of their IGA, will have a period of 36 months, counted from the entry into force of the Project, to submit the DAA or PAMA.
The owner must support the type of corrective instrument according to the impacts generated, without the conditions of the Annex of Supreme Decree No. 006-2019-PRODUCE being applicable.
2. Corrective IGA requirement by OEFA
- During the environmental adequacy period, the OEFA may require the presentation of the corrective IGA, if a significant negative environmental impact is shown.
- In addition, from the entry into force of the Project, the owners of the manufacturing and domestic trade industries that commence activities without an approved IGA, will only be able to adapt by express disposition of the OEFA. This means that the presentation of a corrective IGA could be required only by means of inspection and the establishment of administrative measures.
3. Other relevant provisions
- If activities have been executed up to the effective date of the Project, without having previously obtained the modification of the IGA, and these activities do not require an IGA, they do not need to submit a corrective IGA, but must be communicated to PRODUCE and OEFA within the term established by PRODUCE.
- Paragraphs c) and j) of Article 13 of the Sectorial Environmental Regulation are modified, regarding the obligations of the holder, as follows:
- Paragraph c), specifies that the owners must treat the effluents prior to their discharge into a receiving body. It specifies that the treatment may be carried out at the licensee's facilities or at the facilities of a third party authorized to do so.
- Paragraph j), specifies and complements the obligation to have a training program, to be carried out by the owner or by a third party, as established in the IGA. In this sense, paragraph k) of the same article is repealed.
- Paragraph 24.9 of Article 24 of the Sectorial Environmental Regulation is amended, referring to the National Water Authority (Spanish term here (ANA)) technical opinion, establishing that when the Project is related to water resources and is classified as EIA-sd or EIA-d, the competent environmental authority must have the ANA's favorable opinion.
Likewise, criteria are specified for the modifications of the IGA, and the opinions of the ANA will be requested in two cases: (a) when the proposed modification implies changes in the conditions for which the ANA's favorable opinion was granted; and (b) when the modification implies new water catchments that do not have accreditation of water availability issued by the ANA or new discharges of treated wastewater to a receiving body.
Interested parties have until 23 February 2025 to send comments or contributions to the Project, to the General Directorate of Environmental Affairs of Industry, through the digital headquarters of PRODUCE (www.gob.pe/produce), at the desk located at: Calle Uno Oeste No. 060, Urbanización Corpac, district of San Isidro, or via email: dgaami@produce.gob.pe.
We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
Click here to read the Spanish version.
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