Among the various provisions set forth in the Regulation, we highlight the following:
Environmental adaptation of ongoing activities
- Owners of ongoing telecommunications projects without an Environmental Management Instrument ("IGA") must submit an Environmental Adjustment and Management Program ("PAMA") to the MTC within two years.
- Owners of ongoing telecommunications projects with an approved IGA and that have carried out expansions and/or modifications without the corresponding modification of the IGA must submit a PAMA for such modifications within three years. Such PAMA may not be further updated or modified. For this purpose, the licensee must submit a preventive IGA for evaluation, prior to the execution of the modification and/or expansion.
The evaluation and approval of the PAMA in both cases are without prejudice to the corresponding inspection and sanction actions.
The commitments derived as part of the PAMA must be executed within a period of one year, counted from its approval.
- Owners of ongoing telecommunications projects that do not require an IGA (with the exception of projects listed in Annex III of the Regulation) must submit an Environmental Technical File ("FTA") within 12 months.
Environmental certification by tranches or stages
An environmental certification may be processed for sections and stages that are linear in nature, or that during the consistency process between the Proinvestment Study or Standard Technical File and the Technical File, are executed by sections or stages, considering the following:
- The category of projects executed in tranches or stages corresponds to the classification of the project in its entirety, in accordance with the classification obtained through Preliminary Evaluation or the Anticipated Classification, as appropriate.
- The holders process the environmental certification for each of the sections or stages.
- The latest environmental certification integrates the previously obtained certifications. This certification governs the entire telecommunications project and is subject to updates in the environmental study and other environmental obligations established in the Regulation.
Updating of Environmental Studies and complementary IGAs
- The licensee must update the Environmental Study and the complementary IGA after the fifth year from the commencement of the telecommunications project, if applicable, and for consecutive and similar periods. The aforementioned obligation is deemed to be fulfilled if the holder obtains the approval of the environmental study update before the expiration of said term.
- The update does not include the regularization, adaptation or incorporation of components, activities, processes, actions or other elements implemented that are not within the scope and/or contents of the Environmental Study or PAMA and its modifications. In case the owner declares in the update executed components that do not have an IGA, the MTC notifies the environmental oversight entity for the respective supervision and oversight actions.
- If the owner determines that it is not appropriate to submit an update, they must submit a sworn statement to the MTC and the environmental inspection agency, attaching the respective supporting documentation within 60 working days prior to the completion of the five years of the update that is subject to subsequent environmental inspection.
Additional provisions
- When, due to an environmental emergency, it is necessary to carry out activities not foreseen in the approved contingency plans, the execution of activities does not require an IGA as long as they are supported and are aimed at containing and/or attending to the emergency. This event must be communicated to the MTC and the corresponding environmental control entity within 15 working days following the start of the environmental emergency work.
- If the holder transfers its authorization and/or concession of a telecommunications project or components that have an approved IGA, the new holder is obliged to comply with all the environmental commitments and obligations derived therefrom. The change or modification in the ownership of the project must be communicated by the new owner to the MTC and the corresponding environmental control entity within 15 working days from the registration of the transfer or assignment in the Public Registry; and in the case of concessions, from the subscription of the respective addendum.
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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.
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