Member Article

On September 2, 2021, Resolution of the Board of Directors Nº 017-2021-OEFA/CD (the “Resolution”) was published in the Official Gazette El Peruano, which amends the Regulation of the environmental emergency report of the activities under the purview of the Agency for Environmental Assessment and Enforcement- OEFA.

The Resolution amends Articles 3, 5 and 6 of the aforementioned Regulation adopted by Resolution of the Board of Directors Nº 018-2013-OEFA/CD, the most important aspects of which are as follows:

• The obligation to report an environmental emergency is maintained, but now according to the risk estimation methodology that OEFA shall develop for such purposes.
• This methodology shall be based on the location of the event and the valuation of other elements related to environmental protection, depending on the sector to which the company belongs.
• Once the environmental emergency has occurred, the company must access the application to be implemented by the OEFA called “Estimator of environmental risks of emergencies-ERA EMERGENCIAS”, which facilitates the use of the methodology for estimating risks in environmental emergencies, immediately upon becoming aware of the event, to know if it is obliged or not to report.
• In those emergencies registered in the ERA EMERGENCIAS in which it does not correspond to generate the preliminary and final reports, the company must report on the actions taken for the attention of such emergencies in the report of compliance with the environmental taxable obligations or, in case the sectorial regulation does not establish such obligation, through the single platform of digital services of the OEFA-PLUSD within the first three (3) working days of the month following its occurrence.
• The company has a period of up to twelve (12) hours, from the occurrence of the event, to confirm the generation of the preliminary report in virtual format, in the single platform of digital services of the OEFA-PLUSD.

Through the final report, the company completes or updates in the virtual format, as appropriate, with the information previously entered in the Preliminary Report. The company has a term of up to ten (10) working days from the day after the environmental emergency has occurred, to confirm the generation of the final report in virtual format, in the single platform of digital services of the OEFA-PLUSD. This deadline may be extended at the request of the company.

• The preliminary and final report of environmental emergencies shall be available in virtual format and are made through the Single Platform of Digital Services of the OEFA – PLUSD enabled in the Institutional Portal of the OEFA.
• This resolution shall enter into force within ninety (90) calendar days from the date of its publication.