Ernesto Rizo

Ernesto Rizo

Profile

Ernesto is a Partner of ZONE in Nicaragua. He is a lawyer with extensive experience in the practice areas of Corporate Law, Banking & Finance, Mining and Agribusiness.

On agro-industrial issues, he has provided comprehensive advice to companies interested in the industrialization and marketing of agricultural, forestry and other biological natural resources in all aspects of the business, from the best legal structure to operate in the country, detailing the tax benefits that apply, to environmental licensing.

Likewise, Ernesto has extensive experience advising mining companies on all stages of local projects and their implementation, including highly complex agreements related to mining financing using a practical, business-oriented approach.

Service areas

  • Environment
  • Energy

Languages

  • Spanish
  • Ingles

Certifications and related experience

  • Recognized in Corporate & Commercial by Chambers & Partners
  • Recognized as a Leading Lawyer by Who’s Who Legal.
  • Highly regarded by IFLR 1000.

Claudia Meléndez

Claudia Meléndez

Lawyer and Environmental Consultant

El Salvador

[email protected]

+503 7729 2363

Profile

Claudia is a Director for ZONE in El Salvador. She is a Lawyer, Environmental Consultant, and has vast experience in Environmental Law, having led Environmental Departments for regional firms, carrying out Corporate Due Diligence for international companies on mergers and acquisitions of production procedures and industrial processing. Claudia has extensive knowledge of permits to establish renewable energy projects, permits, licenses, and procedures before public institutions. She has experience in judicial and administrative sanctioning processes and is a Lead Auditor in Occupational Health and Safety Environmental Compliance Audits.

Service areas

  • Occupational Health and Safety
  • Environment

Languages

  • Spanish
  • Ingles

Certifications and related experience

  • Integrated Courses on Development of GHG and C-neutrality inventories, Information systems for C-neutrality, Carbon auditors for organizations and Development of GHG and C-neutrality inventories.
  • Certified as Internal Auditor INTE-ISO 14001-2015 in Environmental Management System. INTECO COSTA RICA year 2016- 2017
  • Certified as Internal Auditor INTE-OHSAS 18001-2009, in Occupational Health and Safety Management System, INTECO COSTA RICA year 2016-2017
  • Certified as Internal Auditor FSCC 22000, in Food Safety, INTECO COSTA RICA 2016-2017

Carolina Arce

Carolina Arce

General Manager

Costa Rica

[email protected]

+506 8309 7289

Profile

General Manager of ZONE Environmental Services, Carolina oversees the company’s operations at a regional level, managing sales, operations, and work systems. She is an expert in Regional Neutral Carbon Consulting and Auditing (INTE Standards / ISO 14064 part 1, 2, and 3, INTE B5 standard). Regional Environmental Auditor and Consultant graduated from the training programs in INTE/ISO 9001:2008 Quality Standards, INTE/ISO 14001 Environmental Management Systems, INTE/ISO 45001 Occupational Health and Safety, and FSCC 22000 Food Safety, ISO 19011 Audits of Management Systems. Her experience includes pro procedures before the Water Directorate, SETENA, MINAE, Ministry of Health, Ozone Technical Office, and the DGTCC. She also has extensive experience in Environmental Due Diligence for mergers and acquisitions of national and international companies.

She has successfully handled administrative environmental complaints before SETENA, the Water Directorate, and SINAC. She has experience advising clients in the food, pharmaceutical, electronics, agribusiness, and construction industries.

Service areas

  • Occupational Health and Safety
  • Salud y Seguridad Ocupacional
  • Food Safety
  • Environment
  • Energy

Languages

  • Spanish
  • Ingles

Certifications and related experience

  • Regional Environmental Consultant
  • Consultant and Auditor in Carbon Neutrality
  • Advisor to the Ecological Blue Flag Program
  • Consultant in Environmental Regency
  • INTE/ISO 9001:2008 Quality Standards
  • INTE/ISO 14001 Environmental Management Systems
  • INTE/ISO 45001 Health and Safety at Work
  • FSCC 22000 Food Safety
  • ISO 19011 Management Systems Audits

Electrical checks to have a Sanitary Operating Permit.

Recently, the different offices of the Ministry of Health began to request Electrical Verification Certifications for the renewal of Sanitary Operating Permits (PSF) that most establishments require to operate legally.

Said requirement is based on article 13 of the General Regulation for Sanitary Operating Authorizations and Permits Granted by the Ministry of Health , the implications of which we will see below:

What is an Electrical Verification Certificate?

It is a document that shows that a verification of the electrical installations was carried out in a building and it was confirmed that they comply with the standards established in the Electrical Code.

For its part, the Electrical Code is a standard issued by the National Fire Protection Association of the United States and was adopted by Costa Rica as an official standard, through Decree 36979-MEIC .

What establishments require this certificate to renew the PSF?

In general, it is required by establishments that have dangerous areas or have the capacity to accommodate more than 100 people.

The specific list of premises that, according to the Ministry of Health, must have said requirement, is made up of those establishments that appear marked with an asterisk in Annex 1 of the General Regulations for Sanitary Operating Authorizations and Permits Granted by the Ministry of Health .

Who can perform the electrical checks?

The verification can only be carried out by professionals who are accredited for this purpose by the Federated College of Engineers and Architects (CFIA) and must be a person other than the one who built the electrical installations to be evaluated. ´

A reliable team must be selected for these verifications, since it seeks to safeguard the safety of people, to the point that if in said verification the professional determines that there is a high risk or imminent danger, the CFIA must request the electric distribution company the disconnection of the service.

At Zone Environmental Services , we have a multidisciplinary professional team that can help you with:

  1. Electrical verification by an accredited professional,
  2. Advise you on the corrections that may be necessary to obtain the certificate,
  3. Procedures before the Ministry of Health for the approval of the sanitary permit and, if necessary, presentation of corrective plans to make continuous improvements in reasonable terms without having to stop the operations of the establishments.

How often must the Certificate be renewed?

The electrical verification must be carried out mandatory every 5 years. Bearing in mind that the standard validity of Sanitary Operating Permits is also usually 5 years, an electrical verification must be approved for each PSF renewal.

New Regulation for the comprehensive management of waste and common solid waste in Guatemala

The regulation that will govern waste management in Guatemala is published

The Ministry of Environment and Natural Resources published the Ministerial Agreement No. 164-2021 that contains Regulations for the comprehensive management of waste and common solid waste. Said regulation enters into force on August 11, 2021 and stands out for the following points:

  • Promote the development of municipal plans for the comprehensive management of residues and solid waste.
  • Detail of compliance with occupational health and safety measures for any person (natural or legal) that operates or carries out activities related to the comprehensive management of residues and solid waste.
  • Promotion of industrial activities related to recycling.
  • Detail of technical standards applicable to activities related to the comprehensive management of residues and solid waste.
  • Regulation on treatment of common solid waste.
  • Regulation for the final disposal of common solid waste.
  • Detail of administrative permits and government authorizations for said activities.
  • Promotion of the circular economy.
  • Infringements and sanctions.

ZONE has a team that can provide specialized advice to be in compliance with the new environmental regulation. Contact us at[email protected] or by phone +502 2225-7000.

Ban on single-use plastics in Guatemala

On September 20, 2019, the Ministry of Environment and Natural Resources published Government Agreement 189-2019 through which   the use and distribution of single-use plastic bags, plastic straws, plates and glasses is prohibited at the national level. disposable plastics, disposable plastic mixers and stirrers, disposable plastic containers or containers for storing or transporting food; as well as expanded polystyrene products (duroport) used to store or transport food .

At that time, a period of two (2) years was set for all individuals or legal entities that use the aforementioned products to replace them with articles made with materials that comply with the European Union standard UNE-EN 13432.  This term expires on September 21, 2021 .

We recommend taking this issue into consideration since the Government Agreement has not been suspended or repealed, and as it is in force it becomes a mandatory rule.

ZONE has a team of experienced professionals who can advise you on the scope of this prohibition and the due environmental compliance of your company in Guatemala. For more information, contact us at +502 2225-7000 or by email at [email protected].

Law of Incentives and Promotion for Electric Transportation in Costa Rica

April, 2018

By: Luis Palacios, Zone Environmental Consultant

On February 6, 2018, Law 9518 on Incentives and Promotion for Electric Transportation came into force, which seeks to promote, through economic and practical incentives, the use of electric cars in the country. This will help reduce the consumption of fossil fuels in transportation, which is currently the largest source of carbon dioxide emissions in Costa Rica.

With this regulatory measure, the fundamental duty of promoting new technologies for the efficient use of natural resources and protection of the environment, which the State had previously acquired through the Organic Law of the Environment (articles 4 and 58) and the Biodiversity Law (in its chapter VIII).

Some of these benefits are still subject to further development by public, private and financial institutions. However, the Law specifically establishes the following incentives that operate with its entry into force:

  1. Tax exemption applied on the value of the vehicle, as follows:
Valor CIF  Ventas  Selectivo de consumo  Impuesto sobre el valor aduanero 
Los primeros $30.000 del valor CIF  100% exoneración  100% exoneración  100% exoneración 
De $30.001 hasta $45.000 del valor CIF  50% exoneración  75% exoneración  100% exoneración 
De $45.001 hasta $60.000 del valor CIF  0% exoneración  50% exoneración  100% exoneración 
De $60.001 en adelante  0% exoneración  0% exoneración  0% exoneración 

This exemption will operate for a period of 5 years from its entry into force.

    1. Spare parts related to the operation of the electric motor and the batteries of electric vehicles will be exempt from the sales tax and the selective consumption tax.
    2. If the vehicle is made in Costa Rica, the equipment for the assembly and production of electric vehicles will be exempt from the total payment of the sales tax for 10 years. The Law establishes that the Ministry of Environment and Energy (MINAE) and the Ministry of Finance will make a list of equipment subject to this exemption.
    3. On the payment of vehicle property tax, which constitutes 65.59% of what is paid by MARCHAMO, exemptions will be applied as follows:
Año  Exoneración de pago de impuesto. 
Primero.  100% 
Segundo  80% 
Tercero  60% 
Cuarto  40% 
Quinto  20% 
  1. Exemption for 5 years from the total payment of the selective consumption tax, the general sales tax and the one percent tax on the customs value, to the parts necessary for the installation of the recharging centers.
  2. Electric vehicles that bear the badge issued by MINAE will not be subject to the vehicular traffic restriction in the San José metropolitan area.
  3. Electric vehicles will be able to park in the preferential spaces designated as blue that will be created in public parking lots, supermarkets, shopping centers and other private parking lots. These parking lots do not substitute or replace the parking lots for people with special mobility conditions regulated in Law 7600.

Other incentives

In addition to the directly applicable incentives mentioned above, the Law contemplates other benefits that must be developed by the competent authorities and its application would entail multiple benefits for those who decide to take the step to use means of transport that are more considerate of the environment.

Parking meters: The Law previously authorizes the Municipalities to establish exemptions from the payment of parking meters for electric vehicles.

Public fleet and tenders: The evaluation of tenders and direct competitive purchases must give an additional 10% to bidders who, under equal conditions, demonstrate that the products offered are electrical.

Electric public transport : The National Plan for Electric Transport must project the replacement of the bus fleet, at least every two years, with a goal within this period of not less than 5% of replaced units.

With regard to taxis, those who wish to replace their carbureted vehicles with electric vehicles, will be able to enjoy the same benefits indicated in the law, as well as use a distinctive color defined by the Ministry of Public Works and Transportation (MOPT). Likewise, when the MOPT starts new taxi concession processes, it will be required that at least 10% of the concessions be granted to electric vehicles.

Recharging stations : To supply energy to vehicles, MINAE will have the obligation to ensure the construction and operation of recharging centers, which must be built and operate at least every 80 kilometers on national highways, and every 120 kilometers on roads. cantonal.

Also, MINAE and MOPT are delegated to issue guidelines for the implementation of recharging centers for electric vehicles in shopping centers and public parking lots.

Mechanics and technical workforce : The National Training Institute (INA) must create channels for the education and training of human resources that can be professionally developed in the maintenance and repair of electric vehicles and their parts. For this, the INA can subcontract chambers, private companies and universities.

On the other hand, the Law requires importers of electric vehicles to provide repair and overhaul services for this type of vehicle, as well as to take care of the correct management of the waste generated by said vehicles. With this, it seeks to deal with one of the most delicate aspects of electrical technologies, which is precisely the waste generated by energy storage devices.

Financing Facilities : Perhaps one of the fields where the law leaves more room for further development is the financing of electric transportation. However, the law takes a step forward by establishing that the financing of electric transportation must be part of development banking projects, and also empowers the National Banking System to implement financing lines for this mode of transportation; These lines will include facilities in their terms, interest rate, guarantees and procedures, as long as they do not represent risky situations for the entities.

Finally, we believe that although there are still aspects to be developed, this Law constitutes a great advance in the fight to convert Costa Rica into a carbon neutral country and its application could greatly benefit the environment.

Environmental Due Diligence

April, 2018

By: Claudia Meléndez, Lawyer & Environmental Consultant of Zone

Before carrying out commercial operations such as mergers, acquisitions or financing, it is appropriate to carry out a prior review of the environmental management of the companies involved. This in order to have enough elements to ensure an adequate risk assessment, but mainly, the sustainability of the operation in its environment.

This investigation and analysis process is known as the Due Diligence process. The due diligence process in environmental matters aims to determine in a quantitative or qualitative way, the impact that the activities of a company may have on the environment. In fact, one of the main objectives of this study and analysis process is to determine possible environmental contingencies associated with both the company’s activities and the property in which it carries out its activities, helping to prevent environmental problems from reducing the value of your business or property, as well as avoiding possible contingencies or responsibilities for obligations acquired without prior knowledge.

An Environmental Due Diligence is a type of investigation that ideally should not be limited to documentary analysis and review; but accompanied by field visits to learn first-hand the real state of the company’s operations, circumstances that can hardly be evidenced by simply reviewing the possession of the permits issued by the regulatory institutions, these field visits help to qualify or value the amount of investment necessary to adapt a site to environmentally accepted criteria, which has a significant influence on the appraisal of the amount of the transaction.

Environmental Due Diligence studies are developed in different phases, the depth of each one will depend on the scope determined by the client. In general, the preliminary phase includes documentary review, verification of the existence of permits applicable to the company’s activity, a preliminary analysis of the site and verification of compliance with the applicable legal framework. In the second phase we can include specific studies and analyses, collect evidence of inadequate environmental management and environmental legal implications. Finally, the remediation phase, which includes taking actions to clean up the contamination and estimating the time and costs that these measures will require.

We can consider that including the environmental issue within the environmental due diligence process is extremely important since it allows:

  1. determine and quantify the current and potential environmental responsibilities, as well as the risks that can be assumed as a result of this transaction,
  2. establish an economic amount that covers environmental risks, of the current or future operation, which can significantly impact the establishment of the transaction price,
  3. allows knowing the economic investment necessary to adapt the property or company in question to environmentally reasonable criteria
  4. verify compliance with current and applicable regulations.

Therefore, omitting this essential matter in a due diligence process could imply enormous costs derived from the environmental damage that may occur from the company’s activity that was left without study and analysis, and in the future the stoppage and even possible closure of the operations of it.

Basic Occupational Health and Safety Rules 

Occupational Health and Safety has the objective of applying necessary measures for the prevention of risks related to work and plays a very important role in achieving the objective number 3 of sustainable development proposed by the United Nations Organization: Guarantee a healthy life and promote well-being for all.

In practice, it is an extension to the labor field of the duty that every person has to diligently avoid personal accidents and those of their dependents established by the General Health Law. But taking into account the diversity of situations to which people can be exposed in their work activity, there is a wide range of regulations to ensure the protection of people in their jobs.

The application of these rules is mandatory and they are not relaxed through contracts between the parties; However, the obligations in Occupational Health and Safety do not fall solely on the employers, since all workers are also obliged to comply with the legal norms and the internal rules indicated by the company in accordance with what is indicated in article 6 of the General Regulation. Occupational Safety and Hygiene.

Next, we will point out some of the Occupational Health and Safety issues of greatest incidence for companies:

Work establishments: The work premises must comply with the location and construction conditions required by the health, morals and comfort of the workers.

Likewise, every building with more than one floor must have at least one highly fire-resistant emergency staircase, with railings and handrails.

Space conditions: It must be ensured that workers have a work area greater than two square meters, and two and a half meters in height. However, the height can be reduced in special cases, but compensated by artificial means of ventilation and lighting.

For their part, the corridors must be wide enough in relation to the number of workers who must circulate through them, even considering cases of emergency evacuation.

Emergency exits: The regulations do not establish a minimum number of emergency exits, but instead order that they be sufficient and conveniently arranged for a successful evacuation. Thus, in small premises, the emergency exit may be the same conventional entrance and exit, however, they must have visible notices that say “Emergency Exit”.

No emergency exit should be locked or any other mechanism that makes it difficult to open them easily in times of high pressure.

Ventilation: In closed premises, the air must be renewed according to the number of workers and the nature of the work. Air renewal can be natural or artificial, taking into account the speed of entry, conditions of purity, temperature and humidity, so that it is neither annoying nor harmful to workers.

Outdoor work: When work must be done in the open or semi-open air, extreme temperatures should be mitigated as much as possible and workers should be protected from adverse situations in general. Adequate equipment must be provided to protect workers from rain and dust.

When outdoor work can subject workers to situations of thermal stress due to heat, a hydration, shade, rest and protection protocol must be designed and executed.

Lighting: Workplaces must have adequate lighting for safety and performance of duties. Artificial lighting should only be used when natural lighting is not feasible or sufficient.

Cleaning: The premises must always be kept in normal cleanliness conditions. When the sweeping or cleaning of the floor, walls and ceiling can produce dust, wet cleaning methods have to be applied.

Cleaning should be done outside of working hours, preferably after the end of the day. But if you prefer to do it before the start of the working day, it must be done with enough time in advance so that the place is aired for at least half an hour before starting the working day. When the working day is continuous, it must be done when there is less volume of people in the establishment.

Fire protection: The facilities must have means of evacuation, machinery, equipment or instruments to prevent and fight fires according to their needs, taking into account the number of workers, the work space and the activity carried out.

 

In addition to the topics mentioned, there are many other situations that can pose risks to everyone in the performance of our work, and which are regulated under an approach that gives priority to risk prevention.

These standards are important primarily to prevent accidents and protect people, but they also contribute to the effectiveness of work functions and prevent events that may have negative repercussions for the performance of work.

Neutral Carbon – ABC of Carbon Neutrality

What is Carbon Neutral and to whom does it apply?

Being Carbon Neutral means that the production of a good, the provision of a service or its consumption has not emitted more greenhouse gases into the atmosphere than those that have been captured or removed.

This is why Carbon Neutrality is applicable to any organization, regardless of its line of business or its size (ie office, university, hotels, restaurants, industry), since they generate carbon dioxide emissions (CO2), the most frequent being the consumption of electricity, fuels, refrigerants, fire extinguishers, lubricants, and the management of their waste.

Why be Carbon Neutral?

The greatest advantages it represents for an organization are the following:

  1. Image and positioning.

It allows the organization to position itself with an advantage in the mind of the consumer and differentiate itself from the competition.

  1. Sales promotion.

The new consumer is increasingly responsible with society and the environment, so they would be willing to use products or services with eco-friendly characteristics.

  1. Cost reduction and control.

The conscious and voluntary implementation of carbon footprint mitigation measures leads to the discovery and elimination of inefficiencies in operating processes, an efficient and reasonable use of its resources, the result of which is considerable economic savings.

  1. Greater ease in opening markets.

Obtaining a Carbon Neutrality Certification represents a competitive tool of great value for the company in a market that already demands or expects proof of environmental commitment.

  1. Other benefits.

A positive impact on the company’s morale and culture, greater ease in hiring quality personnel, and increased credibility with customers, suppliers and society in general.

How to be Carbon Neutral and who can support me in this process?

Being Carbon Neutral does not mean avoiding the use of generation sources, but rather achieving a balance between generation and their reduction. Briefly, Carbon Neutrality is achieved in the following order.

  1. Quantification.

It is achieved by identifying the generation sources and quantifying the emissions produced by them in a verifiable period.

  1. Reduction.

Through the rational use of its resources, optimization and use of alternative energy sources, as well as the proper management of its waste (ie recycling campaigns).

  1. Removal.

Through the establishment of specific projects that show the capture of CO2 through photosynthetic activity (ie development of forest plantations) or through the purchase of Carbon Certificates.

In addition to the above, and with the objective that the organization can really use the character of Neutral Carbon, it must have a certification issued by independent, local or international third parties, based on standards, protocols or procedures duly established and recognized internationally (ie ISO14064).

Due to the environmental and economic benefits that this entails, we believe that every organization should be certified as Carbon Neutral, so you can count on the support of ZONE for the implementation of the Carbon Neutral Management System until the company can have its Certification.

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