Peru: The environmental monitoring reports module has been created and the respective registration procedure approved

In brief

On Saturday, 11 December, Resolution No. 00028-2021-OEFA/CD was published, through which the Environmental Monitoring Report Registration Module was created and the Environmental Monitoring Report Registration procedure (IMA) approved (“Standard“). The IMA Module will serve as the electronic means through which those managed under the Environmental Assessment and Control Agency (OEFA) comply with the delivery of their IMA in accordance with the applicable environmental regulations.

In depth

Here are the most relevant issues in relation to the Standard:

1. The Standard applies to all holders of taxable activities under the competence of the OEFA.
2. The implementation of the IMA module is gradual and phased. By resolution of the OEFA, the list of holders able to enter and use the IMA module for each phase (“Listing“) will be approved by sector according to the following schedule:

3. If holders are not in the Listing and therefore not able to use the IMA module, they must continue to deliver their IMA through the mechanisms in force.
4. From the business day following the publication of the Listing, those included in the Listing will have 90 calendar days to educate themselves on the operation and use of the module and take the corresponding tests. During this period, the use of the IMA module is optional and the OEFA will prioritize guidance and supervision.
5. Once the trial period has ended, the holders must use the IMA module, via the following link with their username and password, presenting the following information: (i) the results contained in the IMA; and (ii) the documents issued by the laboratory, such as the IMA, the test report and the chain of custody, among other documents issued by the laboratory.
6. Breaching the obligation to use the IMA module and register the respective information through it will be sanctioned based on the classification of violations and the scale of penalties in the industry and, supplementarily, the criminalization of violations and scale of sanctions related to the effectiveness of the audit, approved by Board Resolution No. 042-2013-OEFA/CD.

We trust that this information is useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.

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