Energy and Natural resources
Terms suspension and authorization of non-contact service channels in regional and local environmental authorities
30/03/2020
After the publication of Decree 417 of March 17th and Decree 457 of March 22nd, 2020, which respectively declared the state of economic, social and ecological emergency and ordered mandatory preventive isolation for all inhabitants of Colombia from March 25th until April 13th, 2020, the different regional (Corporaciones Autónomas Regionales y de Desarrollo Sostenible) and local environmental authorities (Establecimientos Públicos Ambientales y Grandes Centros Urbanos), have taken a series of preventive measures to mitigate the risk of contagion of COVID – 19 and to not affect the rights of the users of their services, including the suspension of procedural terms and the enabling of virtual service channels.
Under the foregoing, the decisions taken by the different entities are summarized below:
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Regional Environmental Authorities |
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Authority |
Law or Communication |
Provisions |
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Corporación Autónoma Regional del Alto Magdalena – CAM |
Official communication dated March 17, 2020 |
· Suspension of citizen service on-site. · Enabling virtual channels. |
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Corporación Autónoma Regional de Cundinamarca – CAR |
Resolution 690 dated March 17, 2020 |
· Suspension of citizen service on-site. · Enabling the following virtual channels: – Institutional website: www.car.gov.co Path: Home> Citizen Information Services> PQRS – E-mail: sau@car.gov.co · The Corporation will guarantee through these channels, a timely and efficient attention to each of the users. It also has social networks as Facebook: *Corporación Autónoma Regional de Cundinamarca CAR*, Twitter: *@CAR_Cundi* and Instagram: *CAR_Cundi*, |
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Resolution 764 dated March 30, 2020. |
· Amends Resolution 690, extending the suspension of terms until April 13th, 2020. |
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Corporación Autónoma Regional de Risaralda – CARDER |
Resolution A-209 dated March 16, 2020 and Resolution A-0216 dated March 19, 2020 |
· Suspension of citizen service on-site. · Enabling virtual channels · Suspension of terms until lifting of the restrictions. |
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Official communication dated March 26, 2020 |
· Suspension of safe-conduct procedures, forest logging permits and the transportation of wood, guadua, and coal is restricted. |
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Corporación Autónoma Regional del Canal del Dique – CARDIQUE |
Resolution 0383 of March 23 2020 |
· Suspension of terms related to environmental administrative procedures, disciplinary, coercive and punitive processes until April 3, 2020 · Enabling virtual channels. |
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Resolution 0396 of April 1, 2020. |
· Prioritize and immediately process applications for concession of surface or underground water, submitted by municipalities or persons providing public services. · Extend terms to respond rights of petition in accordance to Decree 491 dated March 28, 2020. |
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Corporación Autónoma Regional de Sucre – CARSUCRE |
Resolution 443 of March 24, 2020. |
· Suspension of on-site activities until April 13th. · Enabling virtual channels. · Suspension of administrative terms of all processes and / or procedures (licenses, permits, authorizations, processes). |
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Corporación Autónoma Regional de Santander – CAS |
Resolution 000139 of March 17, 2020 |
· Suspension of customer service on-site until March 31st, extendable according to conditions. · Enabling virtual channels. · Preventive postponement of all field visits. · Suspension of terms within the environmental processes except for the current constitutional actions (tutelas). |
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Corporación para el Desarrollo Sostenible del Norte y el Oriente Amazónico – CDA |
Official communication of March 17, 2020 |
· From Tuesday, March 17th and until Monday, April 20th, 2020, in-person attention to the public was suspended and virtual channels were enabled for the entity’s headquarters and sub-offices. |
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Corporación Autónoma Regional para la Defensa de la Meseta de Bucaramanga – CDMB |
Resolution 0200 of March 16, 2020 |
· Suspension of on-site activities · Enabling virtual channels. · Suspension of administrative terms of all processes and / or procedures (licenses, permits, authorizations) |
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Official Communication of March 24, 2020 |
· Suspension of customer service on-site until April 13th of 2020. · Enabling virtual channels. |
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Corporación Autónoma Regional para el Desarrollo Sostenible del Chocó – CODECHOCÓ |
Resolution 480 of March 24, 2020 |
· Suspension of customer service on-site from March 24th, until April 13th, 2020. · Enabling virtual channels. Legal: aarriaga@codechoco.gov.co Sub. Sustainable Development: jlgracia@codechoco.gov.co Sub. Quality and Environmental Control: haescobar@codechoco.gov.co · Suspension of legal terms of administrative actions, environmental administrative proceedings, coercive jurisdiction and disciplinary processes that are the responsibility of the entity, from March 24 to April 13, 2020. |
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Corporación para el Desarrollo Sostenible del Archipiélago de San Andrés, Providencia y Santa Catalina – CORALINA |
Resolution 128 of March 23, 2020 |
· Authorizes that selection processes considered as of minimum amount (minima cuantía) to be filed online by email: juridica@coralina.gov.co |
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Corporación Autónoma Regional del Centro de Antioquia – CORANTIOQUIA |
Communication of March 17, 2020 |
· From 2:00 pm on March 17th and until further notice, in-person attention will be suspended at the entity’s facilities. · Enabling virtual channels. |
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Corporación para el Desarrollo Sostenible del Área de Manejo Especial de La Macarena – CORMACARENA |
Official Communication of March 23, 2020 |
· Attention to the public on-site is suspended at the headquarters of the entity · Enabling virtual channels. |
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Corporación Autónoma Regional de las Cuencas de los Ríos Negro y Nare – CORNARE |
Resolution 112-0984-2020 |
· Suspends terms of environmental administrative procedures and environmental licensing, environmental penalties, control and monitoring of licenses, coercive charges, rights of petition and disciplinary processes from March 24th, 2020.
The rights of petition that do not require visits or on-site meetings are excluded.
· Suspension of customer service on-site from March 24th, 2020. · Enabling virtual channels. |
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Resolution 112-1130-2020 |
· Revoke term suspension related to rights of petition and applications for surface and underground water concessions. · Apply the temporary amendments included by Decree 465. |
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Corporación Autónoma Regional del Magdalena – CORPAMAG |
Resolution 820 of March 23, 2020 |
· Suspends terms in all administrative proceedings carried out before the entity from March 23rd to April 13th, 2020 · Establishes that all the Corporation’s workers must carry out their tasks from their respective homes. |
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Corporación Autónoma Regional Del Rio Grande de la Magdalena. – CORMAGDALENA |
Resolution 96 of March 24, 2020 |
· Suspends terms in all disciplinary proceedings from March 24th to April 13th, 2020. |
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Corporación para el Desarrollo Sostenible del Sur de la Amazonia – CORPOAMAZONIA |
Resolution 011 of March 17, 2020 |
· Temporary suspension of on-site attention to citizens. · Enabling virtual channels. |
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Corporación Autónoma Regional de Boyacá – CORPOBOYACÁ |
Resolution 0692 of March 24, 2020 |
· Suspends ongoing environmental administrative processes from March 24th to March 31st, 2020. · Terms of petition rights and terms of prescription and expiration are not suspended. |
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Corporación Autónoma Regional de Caldas – CORPOCALDAS |
Resolution 2020 – 0493 of March 16, 2020 |
· Suspension of terms of administrative proceeding to decide on the request of permits, authorizations, concessions, environmental licenses, sanctions and resources that require visits, from March 16th to March 31st, 2020 |
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Resolution N° 2020 – 0512 of March 18, 2020 |
· Restrict personal attention to the public. · Enabling virtual channels. |
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Resolution 0540 of March 24, 2020 |
· Suspend from March 25th and until April 13th, 2020, the procedural terms regarding the actions of coercive collection. |
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Resolution N° 2020 – 0542 |
· Modifies Resolution No. 2020 – 0493, extending the suspension of terms until April 12th, 2020. |
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Corporación Autónoma Regional del Cesar – CORPOCESAR |
Resolution 0110 of March 20 2020 |
· Modifies the entity’s working hours. · Temporarily suspends procedural terms regarding environmental, punitive, disciplinary, coercive jurisdictions, petitions and other procedures, until the entity issues a different decision. |
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Corporación Autónoma Regional de Chivor – CORPOCHIVOR |
Resolution 143 of March 19, 2020 |
· Suspension of on-site attention to the public from March 19th and until further notice. · Enabling virtual channels. · Suspends terms in environmental administrative permissive and punitive procedures from March 17th to 31st, 2020. |
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Corporación Autónoma Regional de La Guajira – CORPOGUAJIRA |
Official Communication of March 17, 2020 |
· Suspension of on-site attention to the public from 2:00 pm on March 17th, 2020 · Enabling virtual channels. |
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Corporación Autónoma Regional del Guavio – CORPOGUAVIO |
Resolution 186 of March 16, 2020 |
· Suspends terms in environmental administrative permissive and punitive procedures from March 17th to 31st, 2020. |
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Corporación para el Desarrollo Sostenible de La Mojana y El San Jorge – CORPOMOJANA |
Resolution 140 of March 18, 2020 |
· Modifies the entity’s working hours. · Environmental administrative terms are suspended in all processes and procedures before the entity. · Field trips outside the entity’s facilities are suspended. |
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Resolution 169 of March 31, 2020 |
· Extend the decisions adopted by Resolution 169, until April 13, 2020. · Extend terms to respond rights of petition in accordance to Decree 491 dated March 28, 2020. |
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Corporación Autónoma Regional de Nariño – CORPONARIÑO |
Resolution 221 of March 16, 2020 |
· Temporarily suspends procedural terms in environmental, punitive, disciplinary, coercive jurisdiction, petitions and other procedures, until March 31st, 2020. |
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Corporación Autónoma Regional de la Frontera Nororiental – CORPONOR |
Resolution 159 of March 16, 2020 |
· Modifies the entity’s working hours. · Suspension of field trips until April 17th, 2020 |
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Corporación Autónoma Regional de la Orinoquia – CORPORINOQUIA |
Resolution 400.36-20-0373 of March 16, 2020 |
· Suspension of procedural terms from March 17th to March 20th, 2020. |
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Resolution 400.36-20-0391 of March 20, 2020 |
· Modifies the Resolution 400.36-20-0373, extending the suspension of procedural terms from March 24th to April 12th, 2020. |
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Corporación para el Desarrollo Sostenible del Urabá – CORPOURABA |
Resolution N° 100-03-10-17-0393-2 of March 19, 2020 |
· Suspension until March 31st, 2020 of the environmental administrative terms of all the processes and procedures that are carried out before the entity. |
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Corporación Autónoma Regional del Tolima – CORTOLIMA |
Resolution 601 of March 24, 2020 |
· Maintains the suspension of processes subject to terms for an indefinite period. |
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Corporación Autónoma Regional del Atlántico – CRA |
Resolution 132 of March 24, 2020 |
· Suspends the terms of all the matters of the corporation from March 17th to April 13th, 2020 |
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Corporación Autónoma Regional del Cauca – CRC |
Resolution 00313 of March 20, 2020 |
· Suspends on-site attention to the public at all venues from March 20th to April 12th, 2020 · Enabling virtual channels. · Suspension of all the terms of the environmental processes and procedures from March 20th to April 12th, 2020. · The risk allocation and adjudication hearings in public bidding processes are excluded from the suspension. |
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Corporación Autónoma Regional del Quindío – CRQ |
Resolution 460 of March 18, 2020 |
· Suspends attention to the public in person. · Enabling virtual channels. · Suspends commissions and travels of the entity’s personnel. · Suspends the terms of administrative actions that entail the practice of visits for all kinds of procedures. |
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Corporación Autónoma Regional del Sur de Bolívar – CSB |
Resolution No. 129 of March 16, 2020 |
· Temporarily suspend the corporation’s usual schedule. · All environmental administrative terms are suspended. · The terms of the contractual processes are excepted. |
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Corporación Autónoma Regional del Valle del Cauca – CVC |
Official Communication of March 16, 2020 |
· Suspension of customer service from March 16th, 2020 and until further notice. · Enabling virtual channels. |
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Corporación Autónoma Regional de los Valles del Sinú y del San Jorge – CVS |
Resolution 7144 of March 24, 2020 |
· Suspension of procedural terms of the administrative proceedings that are carried out before the corporation from March 24th to April 13th, 2020. The procedures that are suspended are:
o Concessions, permits and authorizations that require a technical visit. o Authorization of the mobilization of logging products (salvoconductos únicos nacionales). o Environmental monitoring. o Punitive, disciplinary, coercive collection procedures. o Monitoring of preventive measures. o Prior consultation process (Procesos de consulta previa) |
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Local Environmental Authorities |
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Authority |
Law or Communication |
Provisions |
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Área Metropolitana del Valle de Aburrá- AMVA |
Resolution 597 of March 18, 2020 |
· Enabling virtual channels. · Modifies the schedules for the delivery of authorization (salvoconductos) for the mobilization of fauna and flora. · The delivery of wildlife will be done at the station located at Carrera 65 # 44A 32 in the city of Medellín. |
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Official Communication of March 24th, 2020 |
· From March 24th, 2020, customer service will be made solely and exclusively through the following virtual channels:
1. Environmental Complaints and Petitions, Claims and Suggestions(PQRSD)
Online form: www.metropol.gov.co/pqrsd
3856000 Ext. 127
2. Environmental emergencies
24/7 Attention: 3856003 emergenciaamva@metropol.gov.co
3. Through the App: Area 24/7
4. Through E-mail:
atencionausuario@metropol.gov.co tramitesyservicios@metropol.gov.co facturacionelectronica@metropol.gov.co encicla@metropol.gov.co |
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Establecimiento Público Ambiental- Barranquilla Verde |
Resolution 630 of March 16, 2020 |
· Suspends the terms from March 17th and until April 13th, 2020, except for legal actions and constitutional actions. |
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Departamento Administrativo Distrital del Medio Ambiente de Santa Marta- DADSA |
Resolution 0066 of March 13, 2020 |
· Enabling virtual channels through E-mail info@dadsa.gov.co |
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Departamento Administrativo para Gestión del Medio Ambiente de Cali- DAGMA |
Internal memorandum No. 4133.010.22.2.1020.000448 of March 18, 2020 and Contingency Action Plan COVID-19
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· Suspends attention to the public in person. · Enabling virtual channels from March 25th until further notice. · The wildlife temporary home will continue to provide its services |
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Establecimiento Público Ambiental de Cartagena- EPA |
Circular 000343 |
· Temporary suspension of terms of environmental, legal and administrative procedures · Suspends the attention to the public in person. · Enabling virtual channels:
contactenos@epacartagena.gov.co atencionalciudadano@epacartagena.gov.co |
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Secretaría Distrital de Ambiente- SDA |
Resolution 769 of March 17th, 2020 |
· Suspends from March 17th to 24th the administrative procedural terms related to environmental licenses and permits, environmental management plans, environmental sanctions, environmental monitoring visits, disciplinary processes, and contractual breach processes. · Suspends the administrative file loan procedure |
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Resolution 785 of March 24th, 2020 |
· Suspends from March 25th and until April 13th, 2020 the administrative procedural terms related to environmental licenses, and permits, environmental management plans, environmental sanctions, environmental monitoring visits, disciplinary processes, contractual breach processes. · Suspends the administrative file loan procedure. |
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Transitory additions to the Regulatory Decree for the Environment and Sustainable Development Sector
26/03/2020
Considering the health emergency declared in the Colombia, the President issued Decree 465 dated March 23, 2020, which adds transitory measures to Decree 1076 of 2015 related to water concessions for the provision of the aqueduct public service and the management of hazardous waste.
Among the measures taken by Decree 456 are the following:
- The competent environmental authorities must give priority and immediately process the applications for surface and underground water concessions intended for urban and rural aqueduct systems submitted by the districts, municipalities or persons providing the domiciliary aqueduct public service.
- Automatically extend, for the duration of the emergency, the water concessions granted to aqueduct service providers that are about to expire or will expire during the health emergency.
- Reduce to a third the terms of the surface water concession process, contemplated in Section 9, of title 3, of Part 2 of book 2 of Decree 1076.
- Authorize the prospecting and exploration of groundwater without environmental permission, if there is geoelectrical information and the registration and endorsement of the competent environmental authority.
- Regarding the water use fees, the providers of the aqueduct and sewage public services will be charged the corresponding minimum rates, as long as the sanitary emergency is maintained.
- The Agency for Rural Development may authorize the municipalities to use the water stored in the Ranchería, Triángulo del Tolima and Tesalia – Paicol districts; the used volumes will be deducted from the water use fee.
- The invoices for the collection of discharges and water use fees, corresponding to 2019, may be delivered within four (4) months after the end of the health emergency.
- If the amount of hazardous waste with risk of contagion derived from COVID-19 reaches the maximum installed capacity for the respective managers, the environmental licenses of other managers may be temporarily modified, in the sense of authorizing the management of these wastes.
Suspension of terms and other measures adopted by the National Hydrocarbons Agency, the National Environmental Licensing Authority and some Regional Autonomous Corporations (ANH, ANLA and CARs for their acronyms in Spanish) against the risk of COVID – 19
18/03/2020
In view of the declaration of a COVID-19 Pandemic and the risk of contagion at a national level, the National Hydrocarbons Agency (“ANH”) issued Resolution 152 of 18th March 2020, which sets forth the suspension of terms in all administrative proceedings, compliance procedures and disciplinary processes carried out by the ANH until 31st March 2020.
Likewise, attention to the public in person was suspended, while the digital and telephone mechanisms available on the website of the entity have been established as the only channels for attention to citizens.
With the same aim, the National Environmental Licensing Authority (“ANLA”) issued Resolution 461 of 18th March 2020, by which it suspended the terms in both the first and second instance disciplinary proceedings carried out by the authority until 31st March 2020, a term that may be extended. Additionally, by means of Resolution 470 of 19th March 2020, ANLA suspended the provision of in-person services and the procedural terms associated with them until 31st March.
On the other hand, by means of Resolution 690 of 17th March 2020, the environmental authority of Cundinamarca (“CAR”) announced the suspension of the terms of the environmental sanctioning processes, the environmental licensing and permitting, the disciplinary actions and the coercive jurisdiction processes that are being carried out before the CAR, until 31st March. The above-mentioned suspension of terms does not apply to the petitions whose terms of response are running during the suspension.
In turn, other Regional Autonomous Corporations have taken the following measures:
- Corporación Autónoma Regional del Centro de Antioquia (“Corantioquia”):
It suspended in-person attention from 2:00pm on 17th March until further notice. Attention to the public will be provided through the following channels:
E-mail: coroantioquia@coroantioquia.gov.co
Telephone: 3146784273
- Corporación Autónoma Regional del Valle del Cauca (“CVC”):
Since 16th March 2020, it has taken the following measures:
- Suspension of attention to the public in person until further notice. The virtual and telephone attention channels are enabled for information regarding procedures that are being held there.
- Massive events at the CVC are postponed.
- The deadlines for the administrative procedures are being moved.
- Corporación Autónoma Regional de las Cuencas de los Ríos Negro y Nare (“Cornare”)
Even though attendance at the Corporation’s headquarters will continue, as from this week the use of digital mechanisms put into operation is being encouraged, namely:
Email: cliente@cornare.gov.co
Webpage: www.cornare.gov.co
Temporary suspension of field activities and the agenda of the Directorate of the National Authority for prior consultation, as a measure, to prevent the spread of COVID-19
18/03/2020
On March 16, 2020, the Ministry of the Interior “Ministerio del Interior”, through the External Circular with reference OFI2020-7728-DCP-2500 adopted the decision of:
- Suspend the verification visits and prior consultation meetings at all stages carried out by the Directorate of the National Prior Consultation Authority “Dirección de la Autoridad Nacional de Consulta Previa”, from March 16, 2020, until March 30, 2020;
- Suspend the agenda of meetings at the facilities of the Directorate of the National Prior Consultation Authority “Dirección de la Autoridad Nacional de Consulta Previa” from March 16, 2020, until March 30, 2020;
- Once the period of suspension of activities covered by this circular has elapsed, the Directorate of the National Prior Consultation Authority “Dirección de la Autoridad Nacional de Consulta Previa” will evaluate the relevance of adopting new prevention and mitigation measures against COVID-19.
This, considering, among others, the declaration of COVID-19 outbreak as a pandemic by the World Health Organization, the State of Health Emergency adopted by Resolution 385 of March 12, 2020, by the Ministry of Health and Social Protection “Ministerio de Salud y Protección Social”, the Presidential Directive 02 of March 12, 2020, which established measures to address the contingency generated by COVID-19 and the External Circular 015 of March 12, 2020, which established recommendations for the prevention, containment, and mitigation of COVID-19.
Finally, the Ministry of the Interior “Ministerio del Interior” refers to the jurisprudence of the Constitutional Court “Corte Constitucional” where ethnic communities in Colombia have been identified as holders of fundamental rights and subjects of special constitutional protection as such communities are in a situation of vulnerability and have the right to have the State reverse the historical processes in which the majority society has threatened their ways of life.
The warning to all the partners or associates regarding the impossibility of holding the summoned meeting, will serve as proof of the existence of an event of force majeure or unforeseen circumstances for the holding of the meeting.
- Once the circumstances that gave rise to the health emergency have been overcome and the orders of the competent authorities regarding crowds prohibitions are modified, or when the technological means are available to hold virtual or mixed meetings in compliance with the restrictions established by the authorities, the competent corporate bodies must make a new summon for the ordinary meeting which, due to the aforementioned circumstances, could not be held.
- If it is not possible to hold the meeting in-person or mixed, and as long as the capacity limits indicated by the authorities are not exceeded, it is also possible to contemplate the attendance of the partners or associates through the granting of powers of attorneys, which will have the same formalities and requirements to those provided for in article 184 of the Colombian Commercial Code.
- If the summoned meeting cannot be held due to a lack of quorum (other than impossibility due to force majeure or unforeseen circumstances), the provisions of the corporate regime must be taken into account in relation to second-call meetings, which must be carried out within the legal terms allowed and with the quorum reduction indicated in the law.
Second call meetings are those that even if duly summoned, are not held due to lack of quorum, an event in which a new meeting must be summoned to meet and validly decide with a plural number of people, regardless of the number of shares that is represented. This meeting must be held not earlier than ten days or after thirty days, counted from the date given for the first meeting.
These second call meetings must also be held virtually while the health emergency continues.
- To exercise the right of inspection, the Superintendence of Corporations invites supervised companies to establish virtual mechanisms to facilitate its development, so that the corresponding information is made available to partners or associate who require it, of course, with the assurances that are considered necessary due to the type of information in question.
Health Emergency caused by COVID-19: measures taken in the mining sector
17/03/2020
By means of Resolution 385 of 2020, the Ministry of Health and Social Protection declared a health emergency due to the Coronavirus COVID-19. Consequently, the national government has been taking measures to identify, confirm, isolate and monitor possible cases in the country. Given the significance of the health situation in the world and in Colombia, we consider that the measures taken by national and local governments are necessary and adequate to prevent the virus from spreading rapidly. These measures have been thought and planned to respond to the needs of the Colombian population.
For instance, one of the measures taken by the national government is the use of Information and Communication Technologies (TIC, for its acronym in Spanish) in work environments. This measure aims to minimize the contact of people in workspaces so that workers and public servants can fulfill their obligations and carry out their functions and activities regularly. Based on the above, the government has been taking similar measures in different industries such as the extractive industry.
One of these measures is the one taken by means of External Circular OFI 2020-7728-DCP 2500 of the Ministry of the Interior. The government considers ethnic communities as one of the population´s group that is in a greater degree of vulnerability from the spread of COVID-19, therefore it determined that the Directorate of the National Authority for Prior Consultation should suspend the verification visits and prior consultation processes in all stages, and suspend the agenda of meetings at the facilities of the Directorate from March 16 to March 30, 2020.
Likewise, Resolution 096 dated March 16, 2020 issued by the National Mining Agency (ANM, for its acronym in Spanish) determined that attention to the public in all ANM quarters will be suspended from March 17 to April 01, 2020. In addition, Resolution 096 also suspended until April 1, 2020 all administrative proceedings initiated before the ANM as well as the terms that the holders, applicants and bidders of mining titles have, to comply with the technical and legal requirements demanded by the mining authority and to file the appeals that may exist. Likewise, Resolution 096 suspended the proceedings and administrative procedures and field visits of the ANM and the terms for coercive collection processes carried out by the mining authority.
The declaration of the World Health Organization that establishes that COVID-19 is a pandemic due to the speed of its propagation, is enough reason for national and local governments to make the necessary determinations and measures to take care of their citizens and to mitigate contagion.