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    ARTICLE

    The Environmental Liabilities Law - Law 2327 of 2023 - Was Approved

    Juana Valentina Mican

    Dec 22, 2023

    1 min read

    Environment International Public Interest Latin America & Caribbean Regional

    Summary

    • The Colombian Congress issued a law mandating public sector entities collaborate in establishing guidelines for a public policy addressing environmental liabilities.
    • The law creates a National Committee for the Management of Environmental Liabilities tasked with overseeing policy implementation and coordinating inter-institutional efforts.
    • The law allows for Environmental Liabilities Intervention Plans for non-responsible third parties to participate upon publication of management terms.
    The Environmental Liabilities Law - Law 2327 of 2023 - Was Approved
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    The Law issued by the Colombian Congress, stipulated the legal definition of environmental liabilities understood as "those environmental affectations caused by anthropic activities directly or indirectly by the hand of man, authorized or not, accumulative or not, susceptible to be measurable, locatable and geographically delimited, which generate an unacceptable level of risk to life, human health or environment, in accordance with what is established by the Ministry of Environment and Sustainable Development and the Ministry of Health, and for whose control there is no environmental or sectorial instrument. " (Article 2).

    Having defined the concept of environmental liabilities, the congress established the guidelines tending to manage environmental liabilities in an opportune, adequate and participatory manner.

    The text of the Law includes 12 articles and relevant aspects include the following:

    • An explicit mandate to different entities of the public sector which, in a concerted action, must establish the guidelines for the creation of a public policy in charge of managing environmental liabilities.
    • The creation of a National Committee for the Management of Environmental Liabilities, which will be responsible for following up on public policy, coordinating inter-institutional management of environmental liabilities, among others.
    • The creation of the Environmental Liabilities Information System, which shall manage the information related to the management strategy mentioned in Article 5 of the Law based on the Environmental Liabilities Registry (REPA).
    • The Environmental Liabilities Intervention Plans will be created, this will allow non responsible third parties to participate in these plans as soon as the terms of reference for their management are published.

    Finally, the Law includes general guidelines regarding the identification of areas, responsible parties, and the implementation of actions for the management of environmental liabilities. Additionally, it was created the obligation of implement a system of financing and appropriation of resources for environmental liabilities management.

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