The procedure for deferring the enforceability of fines imposed by the Environmental Assessment and Control Agency – OEFA is adopted.
On June 3, the Resolution of the Board of Directors No. 00007-2020-OEFA/CD was published. This Resolution adopted the procedure for deferring the enforceability of fines imposed by the Environmental Assessment and Monitoring Agency – OEFA, within the framework of Article 8 of Legislative Decree No.1500.
In this respect, it is a fairly straightforward regulation, which in our opinion leaves many aspects to be clarified. However, it clearly states that the enforceability of the fines imposed by OEFA is suspended during the fiscal year 2020, except for those applicants that generate an annual turnover equal to or less than 1700 Taxation Units-UIT, in which case the suspension period shall be extended until July 2021.
In addition, the regulation establishes that although the above benefit is applicable to any individual or legal entity, autonomous assets, irregular corporation, associative form of company or other type of legal subject that develops activities subject to the scope of competence of OEFA, it shall not be applicable in the following cases (i) Coercive fines imposed by OEFA, which are applied when the applicants persists in the breach of an administrative measure issued by the competent body of OEFA; (ii) Fines imposed for providing false information or for concealing, destroying or altering information or any type of record or document that has been required by OEFA; (iii) Fines imposed for unjustifiably refusing to provide information or for preventing or hindering, by means of violence or threat, the exercise of the functions of competence of the OEFA; (iv) Fines which have been reduced, in application of the exercise of the sanctioning power regulated by the OEFA; (v) Fines which have been subject to deferred, with a request adopted by the OEFA.
The validity of this regulation suspends the processing of the requests submitted under the Resolution of the Presidency of the Board of Directors No. 109-2015-OEFA/PCD, which adopts the Single Ordered Text of the Regulations for the Fractionation and/or Deferral of the Payment of Fines imposed by the OEFA.
