June 28th/2024.
The Ministry of Environment and Sustainable Development (“MADS” as per its acronym in Spanish) has issued the resolution project (the “Project“) aimed to regulate Law 2173 of 2021, which promotes ecological restoration through tree planting and forest creation, establishing life areas, defined as “the zone designated by municipalities for restoration through tree planting, contributing to the recovery of ecosystems affected by vegetation loss.” (“Áreas de Vida” in Spanish) and imposing the obligation on medium and large companies to develop a tree planting program in these areas and complying with the obligation to plant at least two trees for each of their employees.
The Project aims to establish criteria and tools for identifying, creating, and delimitating Áreas de Vida by the municipal and environmental authorities. It also seeks to encourage participation of medium and large companies registered in Colombia, and generally by citizens in tree planting programs to restore degraded ecosystems.
Once identified by municipal and environmental authorities, Áreas de Vida will be created through administrative acts containing necessary technical information and guidelines.
Furthermore, the Project indicates that companies and landowners are required to finance maintenance and monitoring of these areas, with the option to receive fiscal incentives for their commitment. Any forest planting within these areas must be registered and adhere to specific silvicultural practices to ensure proper management. The authorities will also establish and publish an annual planting calendar to raise environmental awareness and regulate planting activities in an orderly and effective manner.
Additionally, companies will have to implement a reforestation program that shall be submitted to the competent environmental authorities within a period of two months counted from the deadline established for the authorities to define the Áreas de Vida, for its approval. The environmental authority shall evaluate the reforestation programs within 45 business days, and companies will have 15 business days to rectify any deficiencies if required. The environmental authority approves through an administrative act, after which medium and large companies may start the implementation. Pursuant to Law 2173, this obligation must be fulfilled on a yearly basis.
MADS will receive comments on the Project until July 2, 2024.