The Ministry of Environment and Sustainable Development (hereinafter "MESD") has published for comments the Draft Resolution that aims to fully repeal Resolution 1402 of 2018, through which the General Methodology for the Preparation and Presentation of Environmental Studies was adopted. This methodology outlines the general and common aspects for the preparation of environmental studies and establishes differential guidelines based on the type of study to be prepared: Environmental Alternative Diagnosis and Environmental Impact Study.
The Draft includes significant changes, such as the concept of potential environmental impact, as well as clarifications related to the environmental management plan and climate change management, among other modifications.
One of the new features in the draft Resolution is the concept of Potential Environmental Impact (PEI), which was not included in the 2018 methodology. This is understood as the potential of a project, work, or activity to generate environmental impacts on the abiotic, biotic, and socioeconomic environment due to its intrinsic characteristics, making it possible to evaluate it based on previous activities or those that are currently in operation.
The PEI allows for the categorization of projects, works, or activities subject to environmental licensing, aiming to guide the identification and assessment of environmental impacts.
Another substantial change is related to the Environmental Management Plan (EMP). This Resolution would incorporate additional guidelines to ensure consistency between the identified and assessed impacts, the management measures, and their monitoring (in cases where a license is granted). In this regard, the EMP must define for each environmental impact:
- Standardized category of impacts
- Significance
- Measures through which they are managed
- Type of management measure concerning climate change, if applicable
- List of specific actions to implement each measure
- Estimated annual implementation schedule for each measure
- Among others
The new approach to the EMP is also aimed at ensuring that impact management measures are designed to mitigate greenhouse gas (GHG) emissions and reduce risks associated with climate change. Additionally, it will be necessary to identify which impact management measures also serve as GHG mitigation or climate change adaptation measures. To achieve this, complementary information must be provided in the EMP.
The MESD also incorporates a “Climate Change Management Plan” in compliance with Article 6 of Law 2169 of 2021. The Draft Resolution specifies that climate change considerations must be integrated into the following sections of the Environmental Impact Study:
- Project description
- Environmental characterization
- Environmental assessment
- Environmental management plan
- The environmental dimension of the risk management plan
Additionally, guidelines are included for formulating greenhouse gas mitigation measures and climate change adaptation measures based on a risk assessment for climate change. This aligns with the ruling of the Fifth Section of the Council of State under file number 25000-23-41-000-2023-00614-01, which orders the MESD to comply with Article 6 of Law 2169 of 2021. Consequently, the Ministry must implement the necessary actions to ensure that the environmental management and control instruments for projects, works, or activities include considerations for climate change adaptation and mitigation, with particular emphasis on:
- Quantification of greenhouse gas emissions.
- Contributions that environmental compensation measures can make to the National Contribution under the United Nations Framework Convention on Climate Change.
These new provisions proposed by the MESD in its Draft Resolution align with the order issued by the Constitutional Court to the Ministry, as part of ruling C-280 of 2024 (the full text of which is still unknown). The order requires updating “the generic terms of reference for the preparation of environmental impact studies regarding the evaluation of climate change impacts that may result from works or activities requiring an environmental license.”
The MESD proposes a transition regime under which environmental impact studies may be submitted using the methodology established by Resolution 1402 of 2018, within 12 months following the publication of the new Resolution.
This draft is currently open for comments until December 13, 2024. Comments can be sent to the email addresses listed at the following link: https://www.minambiente.gov.co/consulta/resolucion-por-la-cual-se-adopta-la-metodologia-general-para-la-elaboracion-y-presentacion-de-estudios-ambientales-y-se-toman-otras-determinaciones-2/
If you have any questions regarding the Draft Resolution, its impact on your project, work, or activity, or require assistance in formulating comments, do not hesitate to contact the Environment and Sustainable Business team at Brigard Urrutia.