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Environmental Alert – July 2020

ALERT – ENVIRONMENTAL

Ministerial Resolution No. 129-2020-MINAM, “Amendment of the list of investment projects of the manufacturing industry of the industry sector”.

On July 13, through Ministerial Resolution No. 129-2020-MINAM (the “Resolution”), the amendment of the list of investment projects subject to the National System of Environmental Impact Assessment (“SEIA”) [1] for the manufacturing industry was adopted. This list includes industrial activities such as food and beverages, textiles, tannery, paper manufacturing, wood products manufacturing, mineral products, among others, making a total of 16 items.

The activities contained in the list must obtain an environmental certification if they have certain characteristics, the same that are included in the list itself. Otherwise, the listed industrial activities may be carried out without obtaining an environmental certification.

Just as an example, it is established that if a company reuses or recirculates more than 50% of the total of its effluents from industrial processes, if it does not discharge effluents from industrial processes into a natural body of water, if it takes advantage of at least the 15% of the waste material, if it does not use water from natural sources, among other conditions expressly established in the standard under comment, it shall not have to obtain an environmental certification for its development.

We understand that this provision seeks to promote the development of investment projects that use clean technologies and friendly environmental practices.

[1] Approved by Ministerial Resolution No. 157-2011-MINAM, “First Update of the Listing of Inclusion of Investment Projects subject to the National System of Environmental Impact Assessment – SEIA” and amending regulations