Regularize your company with an environmental instrument (within 8 months)

By zone_admin | 23 de May de 2022 | Blog

In Guatemala, every project, work or industry must have an approved Environmental Instrument and in this sense must comply with the provisions of the Environmental Evaluation, Control and Monitoring Regulation. Through this regulation, the entire structure, requirements and procedures related to environmental instruments, also known as Environmental Impact Studies, which are approved by the Ministry of Environment and Natural Resources -MARN-, are established. The current Regulation was approved in July 2016, and established a grace period of two years, expiring in July 2018, so that all companies that did not have an approved environmental instrument could regularize their situation, paying a fine for a value of Q. 5,000.00 (US$ 700.00) regardless of the impact category of the project. After that term, the fine could increase from Q. 5,000.00 (US$700.00) to Q. 100,000.00 (US$14,000.00). However, the extension was extended when on July 10, 2018, the reforms related to the Environmental Evaluation, Control and Monitoring Regulation were published in the Official Gazette, in which the term was extended until January  3, 2020  for Existing projects, works and industries that do not have an Environmental Instrument, can present the corresponding corrective, keeping the value of the fine of Q. 5,000.00 (US$ 700.00) regardless of the impact category of the project. There are two types of environmental instrument that can be submitted to the Ministry of Environment and Natural Resources:
  • Environmental Impact Study (EIA): it is the environmental instrument, which must be carried out for activities or projects  that have not been carried out,  and its environmental impact will be predicted. Here it is established how the impact will be mitigated, from construction to operation. This environmental instrument does not generate a fine.
  • Environmental diagnosis: It is the environmental instrument that contemplates the evaluation of the impact of all the activities  that are already  built or operating  and that already generated the environmental impact. This establishes the way in which it will mitigate the impact it is already generating (in water, noise, air, and others). This environmental instrument does generate a fine.
The elaboration of these environmental instruments must be carried out by a registered environmental consultant, or a consulting company registered in the MARN and it takes from 15 days to two months to prepare it before its presentation to the Ministry of Environment and Natural Resources. In this sense, it is important to consider and take advantage of this new term so that any work, project or industry can present its environmental instrument and avoid being subject to fines or even criminal complaints for pollution or non-compliance with environmental issues and, most importantly, help mitigate pollution. that occurs in general.