On June 9, 2024, Supreme Decree No. 006-2024-MIDAGRI was published in the Official Gazette El Peruano, approving the Environmental Management Regulation for the Agricultural and Irrigation Sector (the «Regulation»), which replaces the Environmental Management Regulation for the Agricultural Sector, approved by Supreme Decree No. 019-2012-MIDAGRI. The Regulation came into force on June 10, 2024.
The most relevant aspects of the regulation are as follows:
1. Adequacy of activities.
It provides that owners with ongoing activities that generate significant or non-significant impacts and that do not have an approved environmental management instrument («IGA») must submit to MIDAGRI, respectively, an Environmental Adjustment and Management Program («PAMA») or an Environmental Technical File («FTA»). To this end, they must submit to the competent environmental authority a request for the environmental adaptation of their activities within a maximum period of one year from the date the Regulation becomes effective.
Once the request for environmental adaptation has been admitted for processing, in the case of holders of ongoing activities that are not listed in Annex II of the Regulation and that involve the generation of non-significant environmental impacts, they must submit their FTA within a maximum period of two years from said admission, and in the case of ongoing activities that generate significant environmental impacts, they have a period of three years from the admission for processing, to submit their PAMA.
2. Modifications made without prior environmental assessment
The owners that have an approved environmental study or PAMA that have carried out expansions or modifications to their activities without having obtained the approval of the applicable IGA, must submit to the competent environmental authority a PAMA that regulates such expansions or modifications, within a maximum period of 12 months from the entry into force of the Regulation. This does not imply exemption from the imposition of the fine that may apply.
New complementary environmental management instrument
The Environmental Technical File («FTA») is regulated as a new environmental management instrument complementary to the SEIA of the agricultural sector, applicable to projects that do not generate significant environmental impacts.
4. Assumptions of actions that do not require the modification of the IGA and thresholds for projects and/or activities that do not require the presentation of an IGA.
Annex I of the Regulation includes a list of actions that do not require modification of the IGA (for example, changes in the location of machinery and equipment within the project site area).
Annex II of the Regulation regulates the thresholds of projects and activities that do not require the presentation of an IGA (for example, agricultural crops developed in areas of up to five hectares, with the exception of those crops that are the subject of a specific regulation).
5. Proceedings in process
Administrative proceedings pending at the date of entry into force of the Regulations will be resolved in accordance with the rules in force at the time of initiation of the proceeding.
For further information, please contact Francisco Tong (ftong@estudiorodrigo.com), Jenny Caldas (jcaldas@estudiorodrigo.com), Francisco Barrios (fbarrios@estudiorodrigo.com) and/or Camila Masini (cmasini@estudiorodrigo.com).
