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Environmental Alert – June 2020

ALERT – ENVIRONMENTAL

Regulations for Environmental Control and Monitoring Actions and Verification to Environmental Control Entities of OEFA during the State of Health Emergency Plan decreed in the country in response to the outbreak of COVID-19 are adopted.

On June 6, the Official Gazette El Peruano, published the Board of Directors Resolution No. 00008-2020-OEFA/CD (“RESOLUTION“) adopting the Regulations for Environmental Control and Monitoring Actions and Verification to Environmental Control Entities of OEFA during the State of Health Emergency decreed in the country in response to the outbreak of COVID-19. This RESOLUTION entered into force on June 8 and applies to all procedures developed in the framework of the environmental monitoring by the Environmental Assessment and Enforcement (OEFA).

It also regulates, among other aspects, the following:

I. It is clear that the deadlines for the fulfillment of obligations of a related to the transmission of information and involving the work of field, administrative procedures and compliance with measures were suspended from March 16, 2020.

II. This suspension is lifted from the resumption of the activities of the applicant; or verification of the registration of the Plan for the Monitoring, Prevention and Control Plan of COVID-19 at SICOVID-19 for those companies that have been carrying out essential activities.

III. The suspension period described above does not apply to those environmental or social commitments, under the competence of OEFA, which may have been fulfilled due to the applicant had the information before the declaration of the mandatory social isolation or if the applicant states his or her will in writing to the OEFA to continue with the procedure or activity. In these cases, the deadline is returned to count from the approval of the RESOLUTION.

IV. Finally, in all cases the OEFA shall analyze the application of exemptions from administrative liability such as fortuitous event or force majeure.