On 11 February Ministerial Resolution N° 047-2023-MINEM/DM, which pre-publishes the "Draft Supreme Decree that establishes complementary provisions for the Detailed Environmental Plan regulated in the Regulation for Environmental Protection in Electrical Activities, approved by Supreme Decree No. 014-2019-EM" ("Draft SD"), was published
As you will recall, the Regulation for Environmental Protection in Electrical Activities, approved by Supreme Decree No. 014-2019-EM ("Regulation"), provided that parties who hold electrical activities without an environmental certification can avail themselves of the Detailed Environmental Plan (PAD) to regularize this situation. Such parties had until 19 November 2019 to communicate their decision to make use of this exceptional regime.
Likewise, the Regulation established that the PAD had to be submitted by 19 November 2022 a deadline that was extended to 6 February 2023 due to deadline suspensions being approved in the framework of the National State of Emergency.
By means of the Draft SD, the MINEM proposes the following:
1. Open a new window to apply and submit the PAD
The owners of electrical components built before the entry into force of the Regulation on 8 July 2019, who are required to submit the PAD, must inform the DGAAE of their decision to be included, within three months from the entry into force of the regulation to be issued. In the case of municipalities or regional governments, the term will be nine months.
The PAD shall be submitted within no more than three years from the date of entry into force of the regulation to be issued. In the case of municipalities or regional governments, the term shall be five years, following the schedule contained in Annex 2.
2. Extending the deadline for the presentation of the PAD for those parties that had already applied for the PAD
Owners of electrical activities that have already applied for the PAD within the term established in the Regulation will be granted three more years on top of the term originally foreseen for the presentation of the PAD.
It is important to mention that if electrical activities have been developed without an approved or modified environmental study, the PAD applies, without prejudice, to the supervision and inspection powers of the OEFA.
Interested parties have until Friday, 24 February 2023 to submit their comments physically to Av. Las Artes Sur N° 260, San Borja, Lima, or electronically to consultas_dgaae@minem.gob.pe.
We hope this information will be of relevance to you and your company. If you require any further information, please do not hesitate to contact us.
