Decree 1998 of November 21, 2023.

‘Whereby Section 5 is added to Chapter 8 of Title 9 of Title 9 of Part 2 of Book 2 of Decree 1076 of 2015, Sole Regulatory Decree of the Environment and Sustainable Development Sector, in relation to the regulation of Payments for Environmental Services for Peace and other incentives for conservation in areas of public domain, in accordance with the provisions of Article 224 of Law 2294 of 2023, which adopts the National Development Plan 2022-2026, Colombia World Power of Life.’

By means of this Decree the MADS, adds Section 5 to Chapter 8 of Title 9 of Title 9 of Part 2 of Book 2 of Decree 1076 of 2015, regulating Payments for Environmental Services for Peace and the incentive for conservation in areas of public domain.

Similarly, the provisions of Decree 1998 of 2023 do not modify the provisions of Decree Law 870 of 2017, Law 99 of 1993, or articles 2.2.9.8.8.1.1. to 2.2.9.8.4.3 of Decree 1076 of 2015, so that projects that are being implemented prior to the issuance of this regulation will not be affected.

In the case of Payments for Environmental Services for Peace, the beneficiaries of the incentive may be those who can prove their status as victims of the armed conflict, through a certificate issued by the competent entity and who are also in any of the circumstances described in Article 6 of Decree Law 870 of 2017, without the need for them to carry out preservation and restoration actions directly; there is a person appearing before the Jurisdiction for Peace -JEP, who must carry out the respective preservation and/or restoration actions, within the framework of the works, works and activities with restorative restorative content -TOAR, in accordance with the provisions of article 141 of Law 1957.

Additionally, in the case of the incentive for conservation in areas of public domain, communities with territorial and cultural roots in areas of public domain with strategic ecosystems may be beneficiaries of the incentive, even if they do not demonstrate any of the circumstances described in Article 6 of Decree Law 870 of 2017, but that, in any case, they must carry out the respective preservation and/or restoration actions to become beneficiaries of the incentive, since the value of the incentive will be calculated based on the labour, elements and equipment necessary for its execution.

On the other hand the Payments for Environmental Services for Peace and the incentive for conservation in areas of public domain, the same provisions of the Payments for Environmental Services established in Decree Law 870 of 2018, articles 108 and 111 of Law 99 of 1993 and articles 2.2.9.9.8.1.1. to 2.2.9.8.4.3 of Decree 1076 of 2015 will apply. In other words, in the event of any gaps in the regulation, the current regulatory provisions for Payments for Environmental Services will apply.

M&M Estudio Jurídico. All Rights Reserved.

Attachments:


DECRETO-1998-DEL-21-DE-NOVIEMBRE-DE-2023.pdf