RESOLUTION 1552 OF 2005 (October 20) By which the manuals for the evaluation of Environmental Studies and environmental monitoring of the Project are adopted and other determinations are made" THE MINISTER OF ENVIRONMENT, HOUSING AND TERRITORIAL DEVELOPMENT, in use of its legal powers and especially those conferred by article 5 of Law 99 of 1993, numeral 12 of article 6 of Decree 216 of 2003, Decree 1220 of April 21, 2005, and CONSIDERING: That in accordance with article 5 numeral 15 of Law 99 of 1993, article 31 numerals 9, 11 and 12, it is up to the Ministry of Environment, Housing and Territorial Development and the Regional Autonomous Corporations to evaluate the environmental studies and issue , deny or suspend the environmental license, in the cases indicated in Title VIII of the aforementioned law; That according to article 6, numeral 12 of Decree 216 of 2003, it corresponds to the Minister of Environment, Housing and Territorial Development to grant or deny environmental licenses and ensure the collection and administration of evaluation and monitoring services of the environmental license and other authorizations. environmental matters under the jurisdiction of the Ministry; That according to article 3 of Decree 3266 of October 8, 2004, the Directorate of Environmental Licenses, Permits and Procedures was created, attached to the Office of the Vice Minister of Environment of the Ministry of Environment, Housing and Territorial Development; That in accordance with Decree 3266 of 2004, article 4, numerals 4 and 7, it corresponds to the Directorate of Environmental Licenses, Permits and Procedures to propose and apply the methodologies and technical criteria for the evaluation of environmental studies and for the issuance, follow-up and monitoring of environmental licenses and issue the respective technical concepts in accordance with the law, and generate mechanisms with a view to optimizing and making more efficient the procedure for granting or denying environmental licenses, and other environmental management and control instruments under the jurisdiction of the Ministry of Environment , Housing and Territorial Development in coordination with the competent dependencies; That according to the fifth clause, numerals 3 and 4 of the Technical-Administrative Assistance Agreement number 02 F-2000 whose initiation date was December 19, 2000, added as of April 24, 2001, signed between the Ministry of Environment , Housing and Territorial Development (formerly the Ministry of the Environment)-National Environmental Fund, Fonam, and the Executive Secretariat of the Andrés Bello Agreement, Secab, are Secab's obligations to adopt the necessary financial, technical and administrative measures for the execution of the projects , in accordance with the methodology agreed upon between Fonam and Secab, and provide logistical, operational and/or administrative and technological support for the fulfillment of the contractual object to the parties and the beneficiaries for the successful performance of the agreement; That the Executive Secretariat of the Andrés Bello Agreement, Secab, delivered the Manual for the Evaluation of Environmental Studies on July 8, 2002, and the environmental monitoring of projects on May 16, 2002, which were reviewed and analyzed by the Directorate of Licenses, Permits and Environmental Procedures of this Ministry; That in accordance with the provisions of articles 15 and 34 of Decree 1220 of April 21, 2005, the Ministry of Environment, Housing and Territorial Development will adopt the general criteria defined in the evaluation manuals for environmental studies and environmental monitoring of projects, within a period of six (6) months counted from the publication of the aforementioned decree, which took effect on April 25, 2005 in the Official Gazette number 45,890; That taking into account the foregoing, the Ministry of Environment, Housing and Territorial Development will proceed to adopt the manuals for the evaluation of environmental studies and environmental monitoring of projects, as well as establish their characteristics and their form of application by the competent environmental authorities ; That in merit of the foregoing, RESOLVES: Article 1. Adopt the evaluation manuals for environmental studies and environmental monitoring of projects, which are annexed to this resolution and form an integral part of it. Article 2. The manuals that are adopted by this administrative act are an instrument for mandatory consultation and guidance of a conceptual, methodological and procedural nature, by the competent environmental authorities, for the evaluation and monitoring of projects that require an environmental license and/or establishment of environmental management plans. Paragraph. The evaluation manuals for environmental studies and environmental monitoring of projects, which are adopted by this resolution, may be consulted on the website of this Ministry: www.minambiente.gov.co. Article 3. The procedure to apply by the environmental authorities to the evaluation manuals for environmental studies and environmental monitoring of projects, which are adopted by means of this resolution, is as follows: I. EVALUATION PROCESS The Evaluation Manual aims to establish and define technical and procedural criteria for the evaluation of environmental studies presented to the different environmental authorities within the environmental licensing procedure. For this purpose, the following work instructions contained in the Environmental Studies Evaluation Manual must be taken into account: Instruction A: Definition of the required environmental study. These instructions must be applied by the evaluator to attend to a request for environmental processing, in order to specify whether for the project, work or specific activity an Environmental Diagnosis of Alternatives (DAA), an Environmental Impact Study ( EIA), or an Environmental Management Plan (PMA). Instruction B. Evaluation of environmental studies. The objective of these instructions is to establish the steps to follow and the criteria that must be considered during the evaluation of environmental studies presented. Instruction C. Field visit for environmental assessments. The objective of these instructions is to establish the steps to follow and the aspects that must be considered during the field visit carried out by the evaluators, as well as its planning, execution and documentation. Instruction D. Elaboration of Technical Concepts of Environmental Evaluations. The objective of this instruction manual is to establish the steps to follow and the aspects that must be considered during the elaboration of the technical concepts as support for any decision. II. MONITORING PROCESS The Monitoring Manual aims to establish and define technical criteria and the procedure for monitoring licensed projects or with established environmental management plans. For this purpose, the following work instructions contained in the Project Environmental Monitoring Manual must be taken into account: Instruction E. Environmental monitoring of projects. The objective of these instructions is to establish the steps to follow and the criteria that must be considered to carry out environmental monitoring of licensed projects and/or established environmental management plans. Instructions F. Project environmental monitoring visit. The objective of these instructions is to establish the steps to follow and the aspects that must be considered during the planning and execution of the environmental monitoring visit to the licensed projects and/or established environmental management plans. If a public hearing is required, compliance with the formal requirements will be evaluated and the public hearing will be ordered by order. Instruction G. Preparation of technical concepts for environmental monitoring. The objective of these instructions is to establish the steps to follow and the aspects that must be considered during the elaboration of the technical concepts of environmental monitoring. Article 4. The environmental authorities must request the users of environmental licenses or environmental management plans, the presentation of the Environmental Compliance Reports, ICA, in accordance with the requirements of the Project Environmental Monitoring Manual. Article 5. The manuals for the evaluation of environmental studies and environmental monitoring of projects may be updated by the Ministry of the Environment, Housing and Territorial Development when deemed pertinent. Article 6. This resolution is effective from the date of its publication in the Official Gazette . Publish and comply. The Minister of Environment, Housing and Territorial Development, Sandra Suarez Perez. (CF) NOTE: Published in the Official Gazette 46092 of November 14, 2005. The manuals can be consulted in the printed media of the aforementioned Official Gazette.