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Nicole Freire

Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.

On 3 May 2024, Supreme Decree No. 004-2024-MINAM was published, amending the Regulations of Law No. 27446 (Law of the National Environmental Impact Assessment System (SEIA)). Its purpose is to standardize criteria for processing environmental certification requests and to promote the environmental impact assessment (EIA) procedure when binding technical opinions and observations are delayed.

On 15 March 2024, Ministerial Resolution No. 000069-2024-PRODUCE was published, approving the Annual Plan for Environmental Assessment and Control (PLANEFA) for the fisheries subsector and the aquaculture subsector of the Ministry of Production for the year 2025. The PLANEFA is a planning instrument through which each Environmental Audit Entity (EFA) schedules the environmental audit actions to be carried out during the corresponding calendar year. This plan is essential to strengthen coordination between the Peruvian Environmental Assessment and Enforcement Authority (OEFA) and the EFAs in the formulation, execution and evaluation of their respective environmental auditing plans.

On 13 March 2024, Ministerial Resolution No. 104-2024-MINEM/DM (“Resolution”) was published. It approves the administrative measures that are subject to the prior consultation process in the electricity subsector. This Resolution annuls the regulations contained in Ministerial Resolution No. 209-2015-MEM/DM, only with respect to the electricity subsector.

The rise of conscious consumerism has led to consumers actively seeking out sustainable, environmentally friendly and ethically produced goods. In response to this growing demand, many consumer goods and retail (CG&R) companies have embraced sustainability and green credentials as a marketing tool, but is this greenwashing? Baker McKenzie produced this guide to outline the legal landscape, regulations and key actions CG&R companies can take to mitigate the risks associated with greenwashing claims in Latin America.

Last 30 May, Supreme Decree No. 006-2023-MINAM was published, whose Fourth Final Complementary Provision establishes that the Single Procedure of the Environmental Certification Process is suspended until 1 January 2025, for all stages, requirements, deadlines and other aspects related to the environmental certification process in charge of SENACE.

Ministerial Resolution No. 089-2023-MINAM approving the Minimum Content of the Minimization and Management Plan for Non-Municipal Solid Waste, was published on 9 March 2023.
It should be recalled that the Non-Municipal Solid Waste Minimization and Management Plan (PMMRS), also called the Solid Waste Management Plan, is part of the Environmental Management Strategy, or the one that takes its place, included in the corresponding Environmental Management Instrument. The publication of the content of the PMMRS had been put on hold by the Ministry of Environment since 2017, with the issuance of the Regulation of Legislative Decree No. 1278, Legislative Decree approving the Law on Integrated Solid Waste Management.

On 11 February, Ministerial Resolution No. 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” was published.