The Ministry of Environment and Sustainable Development (“ MADS ”) published the draft of its Regulatory Agenda for the year 2023, for general public consultation. This sectoral planning document contains the general regulation projects that the MADS, as the entity that governs the public policy of the environmental sector, plans to develop.
This initial draft has a total of seventeen (17) regulatory projects, the development of which was assigned to different MADS dependencies, as shown below:
| Dependence | Scope of the regulation project
(according to the draft of the published regulatory agenda) |
Semester or month of 2023 in which it will be submitted to public consultation |
| Climate Change and Risk Management Department | ” By which Decree 926 of 2017 and 446 of 2020 is modified ” (referring to the regulation of the procedure for the non-causation of the carbon tax) | First semester |
| ” Regulation of the National Council on Climate Change (CNCC) and Strengthening of SISCLIMA “ | First semester | |
| ” By which is regulated what is related to the National Program of Tradable Quotas for the Emission of Greenhouse Gases (PNCTE) “ | First semester | |
| ” By which article 10 of Law 388 of 1997 is regulated with the purpose of including climate change management among the determinants of territorial planning plans “ | Second semester | |
| ” By which international transfers of mitigation results carried out in Colombia are regulated “ | Second semester | |
| “ Establishment of Carbon Budgets ” | Second semester | |
| Directorate of Environmental Planning of the Territory – SINA | “By means of which part 3 is added to Book 1 of Decree 1076 of 2015, Sole Regulation 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
|
| Subdirectorate of Education and Participation | “By means of which the activities and procedures that entail the sanction of community work in environmental matters are regulated, and the preventive measure of attendance at mandatory environmental education courses as part of the reprimand” | February 2023 |
| “ Decree by means of which the National Indigenous Environmental Commission – CNAI is created ” | To define
(“ Public consultation was held in February 2021, pending work route with the legal secretary of the presidency ”) |
|
| Directorate of Environmental, Sectoral and Urban Affairs
|
” By which Chapter 3 of Title 1 of Part 2 of Book 2 of Decree 1076 of 2015 is modified in relation to environmental licensing “ | First semester |
| ” By which Title 6 of the Sole Regulatory Decree 1076 of 2015, of the Environment and Sustainable Development sector is modified and added in relation to the integral management of hazardous waste “ | First semester | |
| “By which the control of cross-border movements of non-hazardous waste destined for recovery activities is regulated and other provisions are adopted ”
OECD Recommendation [C(2001) 107 /FINAL] currently referenced as OECD Decision/LEGAL/0266; (Law 1950 of 2019)”
|
First semester
|
|
| “By which the mechanisms are established for the gradual implementation of the Basic Performance Standards – EBD in the storage, use or transfer facilities of solid waste, which are not subject to environmental licensing.
Council Recommendation on Ecological Waste Management [C(2004) 100] – Law 1950 of 2019″”
|
First semester | |
| Directorate of Forests, Biodiversity and Ecosystem Services | “By which the collection and use of biological resources are regulated for bioprospecting, commercial and industrial purposes” | First semester |
| “Structuring of the proposal to update Decree 1076 of 2015, in relation to the topics in column H. “(” Permits for collecting specimens of wild species of biological diversity for purposes of non-commercial scientific research and biological collections in the country ”). | First semester | |
| ” Regulation of Law 2206 of 2022 “By means of which the productive use of guadua and bamboo is encouraged ” Regulatory Decree Art. 4 and 6. ” | First semester | |
| Designation of an area of Lake Tota as a Ramsar wetland of international importance. (regulates Law 357 of 1997). Within the framework of the management and work that has been carried out in Lake Tota, for more than two years, in which progress has been made in the generation of cartographic and thematic information, with which the polygon proposal was built and the FIR file (Ramsar Information Sheet), additionally, there are already different spaces for socialization and work with the different actors in the region. ” | First semester |
In the draft regulatory agenda, for each of the projects mentioned above, in addition to a general overview of the topic subject to regulation, reference is made to: (i) who are the MADS officials in charge of their development; (ii) the entities that will participate 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.
For more information, contact:
Oscar Tutasaura | Partner Posse Herrera Ruiz | oscar.tutasaura@phrlegal.com
