How will the Areas of Life be identified, created and delimited?
The Ministry of Environment and Sustainable Development (“MADS”) published the draft Resolution (the ‘Project’) in order to regulate Law 2173 of 2021, which promotes ecological restoration through the planting of trees and the creation of forests by establishing Life Areas, understood as “the area defined and destined by the municipalities for restoration with the planting of trees, which contributes to the reestablishment of the ecosystems whose vegetation cover has been affected“ (”Areas of Life”), and imposing the obligation on medium and large companies to develop a tree planting program in these areas and complying with the minimum of planting two trees for each of their employees.
The project aims to establish criteria and tools for the identification, creation and delimitation of Life Areas by the competent municipal and environmental authorities. In addition, it seeks to promote the participation of medium and large companies registered in Colombia, and in general, of citizens in tree planting programs to restore degraded ecosystems.
Once the municipal and environmental authorities identify the Life Areas, they will be created through administrative acts containing the required information and technical guidelines.
What are the obligations of companies and landowners in relation to the Areas of Life?
The Project provides that companies and landowners must finance the maintenance and monitoring of these areas, with the option of obtaining tax incentives for their commitment. In addition, any forest plantations within these areas must be registered and follow specific silvicultural practices to ensure proper management. The authorities will also establish and publish an annual planting calendar, with the objective of increasing environmental awareness and regulating planting activities in an orderly and effective manner.
In compliance with the Project’s obligations, the companies will be required to develop a planting program to be submitted to the competent environmental authorities for approval within two months of the authorities’ deadline for defining the Life Areas. The environmental authority will evaluate the planting programs within 45 working days and the companies will have 15 working days to correct them, if required. According to Law 2173, this obligation must be fulfilled annually.
The MADS will receive comments on the Project until July 2, 2024.