"Year of the Economic and Social Consolidation of Peru"
INTRODUCTION
To effectively integrate environment and development into the country's policies and practices, it is essential to develop and enforce integrated laws and regulations, which are applied in practice and based on sound social, ecological, economic and technological principles., which allow a Sustainable Development of our country.
Likewise, it is essential to implement viable programs to disseminate the laws, regulations and standards that are adopted, so that they are met in reality.
Environmental pollution constitutes one of the most critical problems in the world and that is why the need for awareness of the search for alternatives for its solution has arisen.
That is why it is the obligation of the State to maintain the quality of life of people at a level compatible with human dignity. Therefore, it is responsible for preventing and controlling environmental pollution and any process of deterioration or depredation of natural resources that can interfere with the normal development of all forms of life and society.
ENVIRONMENTAL REGULATIONS: NATIONAL AND INTERNATIONAL
I. GENERAL ASPECTS
The need for environmental regulations appears when the real level and the desired level of environmental quality do not coincide. To reach the desired level, we have to modify in some way the behavior of economic agents, not only producers but also consumers.
There are many types of environmental norms, each of them foresees that managers and polluters will behave in a certain way. In addition, to judge whether an environmental standard is appropriate to solve a specific pollution problem, it is essential to always keep in mind some evaluation criteria, among which are:
Efficiency
It is understood to minimize the total costs, including the reduction of pollution and environmental damage. An environmental standard is all the more efficient the closer its results are to the point where the marginal cost of reduction coincides with the marginal damage.
Justice or equity
The criterion of justice or equity is, first and foremost, an issue related to ethics and the interest in the distribution of benefits and costs of environmental improvements among all members of society. Equity is also important for the practical applicability of policies, as society will not support an equitable policy with the same enthusiasm as one that is not.
Incentives for long-term improvements
When studying environmental policies, special reference is made to the work of the public sector as environmental regulations emanate from it. But it must be borne in mind that, in practice, the magnitude and scope of environmental damage depends, to a large extent, on the decisions made by companies and private consumers. Thus, a very important criterion for evaluating environmental regulations is in what measures they offer individuals and companies incentives that encourage them to discover innovative procedures to reduce the impact on the environment.
Execution of the standard
Many people think that just issuing the rule will automatically correct the problem it is trying to solve. Unfortunately this is not the case. Then another need arises, the execution of the laws requires, like any other activity, to allocate energy and resources that could have been used for other uses. In addition, there will always be interests that will pressure polluters to violate the regulations.
The inspection basically comprises two stages: supervision and sanction. The first one is to check to what extent pollutants respect the obligations set by law. The objective of the inspection is to ensure that these agents comply with a law that applies to them and therefore supervision is essential. Monitoring can be a very complex task, as it is possible for companies that the more complex and ingenious the procedures, the easier it is to circumvent the rules.
The sanction phase consists of bringing the offenders identified during the monitoring phase to justice. This may seem simple, as if, once an offender is found, it was all about prosecuting him and imposing fines provided by the rule. But in practice, applying sanctions is much more difficult than it sounds. Conducting a trial takes time, energy and resources. If there are many laws, and many more violators, bringing everyone to justice can be an overwhelming burden on the court system. In addition, the offenders will not participate in this process willingly, but it is possible to file appeals against the sanctioning resolutions, giving rise to an endless series of legal battles. The sanctioning process contains a paradox.We tend to think that laws have more deterrent power the higher the penalties that offenders risk; but the harsher the sanctions, the more reluctant the courts may be to apply them. Normally the courts do not want to impose sanctions that lead to the cessation of the productive activity causing the pollution, since this measure could lead to the dismissal of many workers.
Ethical considerations
Ethical considerations, on which there will be no consensus, but it is important to analyze them each time different alternative policies are proposed. Undoubtedly, ideas about good and evil influence the judgment that each one of the different environmental policies deserve and therefore, they must be taken into account together with the criteria already mentioned above.
An example for this criterion could be the fact of applying a subsidy to a polluter, which can be efficient since the pollutant could respond earlier and to a better degree to a subsidy program than to another that could entail large outlays, the taxes. If the objective is only to reduce pollution in the short term, then it would be good in the example to apply the subsidy; But this choice could conflict with the ethical perspective, according to which it would be wrong to reward those who cause a problem or to stop causing it.
Generally speaking, a rule consists of determining a level of compliance mandated by a law. A basic example is the speed limit, a rule that establishes the maximum speed at which motorists can travel. Emissions standards, for their part, set the maximum level of emissions allowed by law. The philosophy of this policy can be described in a few words: if you want to stop people from doing something, simply pass a law that prohibits it, and then have the authorities verify compliance.
The purpose of environmental standards is to establish limits to those elements that present some degree of danger to people or the environment. Environmental regulations are aimed at protecting the environment or its recovery, seeking to confront the effects of air, water or soil pollution. A better quality of life is sought, a greater rational use of resources, urban, industrial and technological growth that is in harmony with the environment is sought.
TYPES OF STANDARDS
There are basically three types of environmental standards: environmental quality standards, emission standards, and technical standards.
Environmental quality standards
By environmental quality let us understand the different qualitative dimensions of the environment, whether it is the quality of the air in a specific population or the quality of the water in a specific river. Therefore, these environmental quality standards are those that determine the maximum concentration level of a polluting substance in the environment. A minimum could be approved, for example, on the oxygen contained in the water of a river, it will then mean that the oxygen level can never be below the established minimum. Then it assumes that the authorities must know how the emissions from the various sources located on the river bank affect the oxygen concentration and then introduce means that allow monitoring the sources.
Emission standards
They refer directly to the maximum level of emissions emitted allowed and are usually expressed in the form of quantities per unit of time, grams per minute or tons per week. When it comes to continuous streams of emissions, normal can refer to instantaneous rates as the waste stream per minute.
There are differences between environmental quality standardsand emission standards. Approving a limit on emissions does not guarantee that a certain set of standards on the quality of the environment will automatically be met, since between this and emissions, nature intervenes and in particular the meteorological and hydrological phenomena on which the relationship depends. that links both. For environmental sciences it is important to study the link between the level of emissions and the level of quality of the medium. Normally, the environment carries pollutants from the point where they are released to other places, along the way these substances are usually diluted and dispersed. In addition, in all natural environments, chemical reactions usually occur that modify the physical nature of the pollutants, in some cases making it more harmless.
Technical standards
There are numerous regulations that do not set an end goal, but instead oblige potential polluters to adopt certain technologies, techniques or practices. An example is the rule that requires cars to come with seat belts. A regulation that obliges all power plants to install gas filters to reduce SO2 emissions would in fact be a technical standard, since it would be ordering the use of a specific technology.
II. NATIONAL REGULATIONS
It is important to mention that in Peru, the implementation of its environmental regulations has been carried out since the 90s, especially since the United Nations Conference on Environment and Development, held in Brazil in 1992.
Due to this late regulatory implementation, it is that in Peru, as in many other countries in the world, there have been innumerable situations of environmental contamination, since there was no authority that imposed restrictions and / or required important requirements for the protection of the environment.
Thus, from the enactment of the Environmental Code (CMA) in 1990, there is a clearer orientation of the importance of the environmental issue for the productive activities of the country, and rules are started to be issued in a more comprehensive manner.
ENVIRONMENTAL AUTHORITIES
The National Institute of Natural Resources INRENA
It is a Decentralized Public Body of the Ministry of Agriculture, created by Decree Law No. 25902 on November 27, 1992, in charge of carrying out the necessary actions for the sustainable use of renewable natural resources, safeguarding the conservation of the sustainable management of the rural environment and wild biodiversity. As a national authority, it must carry out its work in close relationship with regional and local governments, organized Civil Society, and Public and Private Institutions.
Ministry of Environment
The Ministry of the Environment was created on May 14, 2008, by Legislative Decree No. 1013, as the governing body of the national environmental sector, which coordinates the local, regional and national government levels.
It is created arguing: that global environmental problems, mainly climate change, the loss of natural resources, the decline of forests and the water crisis, which threaten life on the planet, today attract international attention. For this reason, the world has begun to understand the true meaning of caring for the environment and Peru is no exception. Undoubtedly this century is decisive for the search for sustainable economic growth with social equity, the conservation of natural resources and the care of the environment, the challenges for the country are based on compliance with the Political Constitution of Peru and within the framework of the commitments of the treaties and conventions, the Millennium Goals and the trade agreements signed, as well as in the achievement of sustainable development.
It is worth adding that the National Council of the Environment CONAM, was already since last year merged to the ministry directed by the ecologist Antonio Brack Egg.
RULES
Political Constitution of Peru
The Political Constitution of Peru states in its Art 2, inc. 22 °, that everyone has the right to enjoy a balanced environment suitable for the development of their life.
The Constitution classifies natural resources as renewable and non-renewable and considers them the nation's heritage (Art 66 *). The general framework of environmental policy in Peru is governed by Article 67, which states that the Peruvian State determines the national environmental policy and promotes the sustainable use of its natural resources.
The General Law of the Environment
Published on October 13, 2005, it renders without effect the Code of the Environment and Natural Resources DS No 613, This norm recognizes the rights of everyone to enjoy a healthy environment and to participate responsibly in the processes of taking
decisions, as well as in the definition and application of policies and measures related to the environment and its components, which are adopted at each of the levels of government.
Penal Code DL N 635
In Title XIII "Crimes Against Ecology", the behaviors or conducts that, if verified in reality, will constitute the so-called ecological crimes or crimes against ecology are established, the most important being the following:
- Environmental pollution Aggravated forms of environmental pollution Responsibility of the public official for illegal granting of licenses Industrial or domestic waste Predation of legally protected flora and fauna Extracting prohibited aquatic species Predation of protected forests Improper use of agricultural land Illicit authorization of urban development Alteration of the environment or landscape.
Other:
Protected natural areas
- It approves the definitive categorization of the Cordillera de Colán Reserved Zone as the Cordillera de Colán National Sanctuary and the Chayu Nain Communal Reserve. It approves the Sports Hunting Calendar of Non-Threatened Wild Fauna Species, outside of Natural Protected Areas. Ministerial Resolution No. 0028-2010-AG. Approval of the designation of the last protected natural area established in 2009. It is the National Reserve System of Guaneras Islands, Islets and Points. Compendium of Peruvian Environmental Legislation. Vol IX: Protected Natural Areas Declared the Parón Lagoon as National Heritage. Supreme Decree No. 002-2010-MINAM Declared the Udima Reserved Zone. Ministerial Resolution No. 011-2010-MINAM, Law of Protected Natural Areas, Law No. 26834.Regulation of Legislative Decree No. 1079 that establishes measures that guarantee the Heritage of Protected Natural Areas; Supreme Decree No. 008-2008-MINAM. The Vilacota Maure Regional Conservation Area is established and the Aymara Lupaca Reserved Zone is deactivated, Supreme Decree No. 015-2009-MINAM
Climate change
- Marrakesh Agreement National Strategy on Climate Change, Supreme Decree No. 086-2003-PCM. They require the name of the National Commission on Climate Change and adapt its operation to the provisions of D. Leg. N ° 1013 and the Organic Law of the Executive Power, DS N ° 006-2009-MINAMP Kyoto Protocol of the United Nations Framework Convention on Climate Change
Biological Diversity
- Compendium of Peruvian Environmental Legislation. Vol IV: Sustainable Use of Natural Resources Decision 345 of the Cartagena Agreement on Protection of the Rights of Breeders of Plant Varieties Decision 391: Common Regime on Access to Genetic Resources Decision 523: Regional Biodiversity Strategy for the Andean Tropic Countries Supreme Decree No. 013-99-AG. They prohibit hunting, extraction, transport and / or export for commercial purposes of wild fauna species not authorized by INRENA, as of the year 2000. Supreme Decree No. 034-2004-AG. They approve the categorization of threatened species of wild fauna and prohibit their hunting, capture, possession, transport or export for commercial purposes. Supreme Decree No. 043-2006-AG. They approve categorization of threatened species of wild flora.Law for the protection of access to Peruvian biological diversity and the collective knowledge of indigenous peoples, Law No. 28216 Law that establishes the regime for the protection of collective knowledge of indigenous peoples linked to biological resources, Law No. 27811 Law that modifies, incorporates and regulates various provisions in order to implement the trade promotion agreement signed between Peru and the United States of America, Law No. 29316 Law on the conservation and sustainable use of biological diversity, Law No. 26839 Regulation of access to genetic resources, RM 087 -2008-MINAM Regulation for the protection of the rights of plant breeders, DS 008-96-ITINCI Ministerial Resolution No. 01710-77-AG.They approve the classification of Wild Flora and Fauna and set prices per copy for the commercial extraction of Fauna products.
Quality Standards - ECA
- Compendium of Peruvian Environmental Legislation. Vol V: Environmental Quality, National Environmental Quality Standards for Water, DS N ° 002-2008-MINA, National Environmental Quality Standards for Air, DS N ° 003-2008-MINA, National Environmental Quality Standards for Non-ionizing Radiations, DS N ° 010 -2005-PCM Regulation of National Standards of Environmental Air Quality, DS Nº 074-2001-PCM Regulation of National Standards of Environmental Quality for Noise, DS N ° 085-2003-PCM
Environmental management
- Regulation of Law No. 27446: Law of the National System for Environmental Impact Assessment is approved. Supreme Decree No. 019-2009-MINAM. Compendium of Peruvian Environmental Legislation. Vol III: Environmental Management. Compendium of Peruvian Environmental Legislation. Vol II: Environmental Institutionality. Compendium of Peruvian Environmental Legislation. Vol VII: Defense of Environmental Rights. Compendium of Peruvian Environmental Legislation. Vol VIII: Environmental Assessment and Enforcement. Compendium of Peruvian Environmental Legislation. Vol VI: Sectorial Environmental Legislation. Legislative Decree No. 1055 that modifies Law No. 28611, General Environmental Law. Legislative Decree that modifies provisions of Legislative Decree No. 1013, Legislative Decree No. 1039. Supreme Decree No. 012-2009-MINAM of May 23, 2009 - National Environmental Policy.Supreme Decree No. 024-2008-PCM. Regulation of Law No. 28804 of the Declaration of Environmental Emergency. Entry into force of the Agreement between Switzerland and Peru regarding the "BioAndes Regional Program" Law of creation, organization and functions of the Ministry of the Environment, Legislative Decree No. 1013. Law of the National System Environmental Impact Assessment, Law No. 27446. General Environmental Law, Law No. 28611. Framework Law of the National Environmental Management System - Law No. 28245. Law No. 28804. Law that regulates the declaration of environmental emergency. Law No. 29243. Law that modifies Law Nº 28804, Law that regulates the declaration of environmental emergency. They ratify the “Nine Amendment to the Agreement of Donation of Strategic Objective between Peru and the United States for Strengthened Management of the Environment to attend Priority Problems”.Regulation of Law No. 28245, Framework Law of the National Environmental Management System. Ministerial Resolution No. 008-2010-MINAM. Draft Internal Regulations of the Environmental Dispute Settlement Tribunal.
Hydrocarbons
- Guidelines for the Evaluation of the Technical Competence of Applicants to the Registry of Expert Professionals in preparing Risk Studies are approved (…) They approve the Procedure for the Recognition of Certification Bodies of the Technical Competence of Expert Professionals in preparing Risk Studies (…)
Maximum Permissible Limits - LMP
- Establish annual value of lead concentration, Supreme Decree No. 069-2003-PCML, Law that regulates sulfur content in diesel fuel, Law No. 28694 Maximum Permissible Limits of Liquid effluents for the Hydrocarbons Sub-sector (repeals RD No. 030-96 -EM / DGAA) Maximum permissible levels of elements and compounds present in gaseous emissions from mining-metallurgical units Maximum permissible levels for liquid effluents from mining-metallurgical activities Maximum permissible levels for liquid effluents product of generation, transmission and distribution activities of electric power
General Norms
- Compendium of Peruvian Environmental Legislation. Vol I: General Regulatory Framework, Law of General Administrative Procedure, Law No. 27444, Law of Water Resources, Law No. 29338, Law of Transparency and Access to Public Information - Law No. 27806, Organic Law of Regional Governments, Law No. 27867, Organic Law of Municipalities, Law No. 27972
Solid waste
- General Law of Solid Waste No. 27314 Law that regulates the activity of recyclers, Law No. 29419 Modification of the Law of Solid Waste, DL 1065 Technical standard: Procedures for the management of Solid Hospital Waste, RM No. 217-2004 / MINSAR Regulation of the Law of RRSS, DS 057-2004-PCM
III. INTERNATIONAL REGULATIONS
Some countries have signed an international agreement to reduce the emissions of the main chemical compounds that cause the problem of depletion of the ozone layer. The 1997 Kyoto Protocol addresses some of the problems related to global warming. The economic growth of countries will cause an increasing number of problems to transcend national borders. So the progress of the environmental policies of each country must be accompanied by multilateral solutions to environmental problems.
International environmental policy differs from national policy in several respects. The most notable difference is the absence of effective inspection institutions in the international arena. All countries have authorities with the power to enforce whatever laws are passed, although this does not in any way guarantee that all environmental laws receive adequate control. But in the international field there are no control authorities. In this case, environmental policy consists mainly of international agreements between sovereign states, through which each country undertakes to undertake certain initiatives to reduce emissions or to adopt other measures to protect the environment.. Therefore, to ensure compliance with these agreements, it will be necessary to rely on the goodwill of the signatories (moral suasion) or it will be necessary to apply some form of pressure that a country or group of countries can exert on the most reticent countries.
The first international agreements on natural resources were signed many years ago, when countries had to agree navigation rules for oceanic countries. There are numbers of agreements on maritime pollution, from agreements on oil spills to more general pollution control measures.
The negotiation of international agreements is usually focused on political aspects. This is logical, since it involves complex negotiations between sovereign states. But underneath the political issues (sovereignty, political affirmation, diplomacy, etc.) are hidden many basic economic factors that affect the perception of the costs and benefits that will fall on each one of the participants and the incentives they have to subscribe to the agreement.
Treaties, conventions, conventions and protocols
The main treaties signed and ratified by Peru, referring to the environment, natural resources and the conservation of natural and cultural heritage are the following:
- Convention for the Protection of Flora, Fauna, and Natural Scenic Beauties of the Countries of America (Washington, 1940). Ratified by Peru in 1946. It is a commitment to protect natural areas and species of flora and fauna. Convention for International Trade in Endangered Species (CITES). Signed in 1973 and ratified by Peru in 1974. It undertakes to establish trade controls for products and species of flora and fauna threatened with extinction. Agreement between Peru and Brazil for the conservation of the flora and fauna of the Amazon. Signed in 1975 and which commits the two countries to cooperate in the conservation of the Amazonian flora and fauna. Amazon Cooperation Treaty. Signed in 1978 between 8 countries (Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru,Suriname and Venezuela) to cooperate in a harmonious development of the Amazon. Agreement between Peru and Colombia for the conservation of the flora and fauna of the Amazon. Signed in 1979. Establishes a commitment between both countries to cooperate in the conservation of wild flora and fauna. Agreement for the Conservation and Management of Vicuña. Signed between Peru, Bolivia, Chile and Ecuador in 1979, and adhered to by Argentina. It establishes the norms and cooperation between the five countries for the conservation and use of the vicuña and the trade of its products. Convention for the protection of the world cultural and natural heritage. Established by UNESCO in 1972 and ratified by Peru in 1981. It establishes a global commitment to protect the cultural and natural heritage of the world and the countries. Convention on Biological Diversity.Signed in Rio de Janeiro in 1992 and ratified in 1993, it establishes the global and national commitments regarding the identification and monitoring of biodiversity; conservation in situ (protected areas, introduction of foreign species, maintenance and protection of the knowledge of local populations) and ex situ (biological collections and gene banks); the sustainable use of the components of biodiversity; public research, training, education and awareness; the control and minimization of negative impacts; access to genetic resources and technology; the exchange of information and cooperation between developed and developing countries for the conservation and sustainable use of biodiversity. Vienna Convention for the Protection of the Ozone Layer. Taken March 22, 1985.It is aimed at protecting the ozone layer. Montreal Protocol on Substances that Deplete the Ozone Layer. Adopted on September 16, 1987. Establishes norms to prohibit or limit the use of substances that affect the stability of the ozone layer. Basel Convention on the control of transboundary movements of hazardous wastes and their disposal. Adopted on March 22, 1989. Establishes standards for the international transportation and disposal of hazardous waste (radioactive and toxic). United Nations Framework Convention on Climate Change. Adopted on June 4, 1992. It establishes the international framework to guide joint actions for the prevention of climate change at the global level.Convention Relating to Wetlands of International Importance, Especially as Habitat for Waterfowl (RAMSAR, 1971). Ratified by Peru. It refers to the international commitment to protect wet places that are used by migratory birds for rest. ILO Convention No. 169. Ratified by Peru. It refers to guaranteeing the cultural and land rights of indigenous peoples and minority populations.
As can be clearly seen, there are agreements signed by Peru and one more country, this is called a bilateral agreement. Next we make the distinction of the multilaterals.
Bilateral agreements
What if there were only two countries involved in the signing of an agreement, one is called A and the other B. Country B is located in the direction in which the winds from country A blow, so that SO2 emissions of this only cause acid rain in B given the prevailing winds, country B does not inflict on country A a similar externality. So if polluters and their victims negotiate among themselves, they can find the efficient emission level on their own, provided that property rights are clearly defined and transaction costs are minimal. In the international arena, it does not foresee that the citizens of one country can individually sue the citizens of another, but rather it is the political authorities of both countries who negotiate with each other. This is where diplomacy comes in.
Multilateral agreements
What happens now in an international negotiation in which several countries intervene, all of them responsible to a greater or lesser extent for an environmental problem that affects them all. Some examples would be the acid rain caused by SO2 emissions, the pollution of a sea by coastal countries, the decrease in the ozone layer due to CFC emissions and the greenhouse effect caused by CO2 emissions. In cases like these, the damage suffered by each country depends on the total emission level of all countries. From an economic point of view, this type of multilateral agreement involves both efficiency and equity issues. The basic efficiency problem is striking a general balance between benefits and costs.In most international agreements, it is extremely difficult to accurately estimate total global benefits. The environmental impacts are too wide and it is also very difficult to try to compare benefits between countries whose economic circumstances are very different. So on the benefit side, you will usually have to settle for identifying the physical repercussions of environmental changes and getting a rough idea of their international distribution.So on the benefit side, you will usually have to settle for identifying the physical repercussions of environmental changes and getting a rough idea of their international distribution.So on the benefit side, you will usually have to settle for identifying the physical repercussions of environmental changes and getting a rough idea of their international distribution.
IV. CONCLUSIONS AND RECOMMENDATIONS
The commitment is not only a matter of international agreements, it is not only a matter of state that is the responsibility of the authorities on duty, which is not limited to thinking that the polluting agents are only the mining companies, the vehicle population or the manufacturing industries, the pollutants are each and every one of the individuals on the planet. Therefore, we all have the responsibility to contribute our grain of sand, conserve and / or improve the condition of our environment, which is ours in particular, only during our brief existence, therefore adopting the real commitment, in order to provide the benefits also to future generations, this is where it is remembered that environmental economics is an economy of the future.
There must be an adequate distribution of benefits obtained from an optimal environment and at the same time an adequate distribution of the costs of having it to all members of society, we emphatically insist on this.
It is necessary for Peru to continue with the process of implementing environmental legislation; and this has to include the transfer of competences and responsibilities to local and regional authorities within a coherent national legislative framework, so that said competences in legislative matters contain real parameters of the locality and effectiveness.
V. BIBLOGRAPHY
ENVIRONMENTAL ECONOMICS
Barry C. Field
MANUAL OF ENVIRONMENTAL EVALUATION OF PROJECTS
Jesus Collazos Cerrón
MINISTRY OF ENVIRONMENT
www.minam.gob.pe/
