Department of Environment, Dwelling and Territorial Development
Decrees
DECREE NUMERO 1200 OF 2004
(April 20)
By which the instruments of environmental planning are determined and other dispositions are adopted.
The President of the Republic of Colombia, in use of their legal and constitutional faculties, especially the ones that confers it the numeral 11 of the article 189 of the Political Constitution and the numeral 14 of the article 1º and contained dispositions in the Title IX of the Law 99 of 1993,
CONSIDERING:
That according to the article 80 of the Political Constitution of Colombia, the State will plan the management and aprovechamiento of the renewable natural resources, to guarantee its sustainable development, its conservation, restoration or replacement;
That the numerales 12 and 14 of the article 1° of the Law 99 of 1993, establish like environmental general principles that the environmental management of the country, according to the Political Constitution, will be decentralized, democratic and participativo and that the Environmental Institutions of the State will be structured having like integral management criteria base of the environment and their interrelation with the processes of physical, social, and economic planning;
That the Statement of the General Assembly of the United Nations of the 2000, called Summit of the Millennium, establishes world objectives in matter of environmental sustainability, which should be incorporated in the processes of harmonious, regional environmental planning with the competences of the environmental authorities;
That the national commitments that are derive from the Statement and Plan of Implementation agreed in the World Summit on Sustainable Development of Johannesburgo of 2001 implic they go the active participation of the Regional Autonomous Corporations as entities executors of the Environmental National Politics, and therefore is important that the instruments of planning of these consider in the framework of their functions said commitments;
That according to the numerales 1 and 2 of the article 31 of the Law 99 of 1993, the Regional Autonomous Corporations and of Sustainable Development exercise the function of maximum environmental authority in the area of their jurisdiction, according to the norms of upper character and according to the criteria and designed guidelines by the Department of the Environment and are responsible for executing the politics, plans,in environmental matter you defined by the Law aprobatoria of the National Plan of Development and of the National Plan of Investments or by the Department of the Environment, as well as the of the regional order that they have been confident according to the law, inside the environment of their jurisdiction;
That the article 63 of the Law 99 of 1993 determines that in order to assure the collective interest of a healthy environment, the exercise of the functions in environmental matter will be held to the principles of regional harmony, regulatory gradation and subsidiary severity;
That the Regional Autonomous Corporations and of Sustainable Development belong al Environmental National System and should obey to a same Politics, therefore, its mechanisms of planning, execution and control should be harmonic, coherent and homogeneous among itself, of such form that permit to do the monitoring and integral evaluation of the National Environmental Politics,
It DECREES:
I SURRENDER I
General dispositions
Article 1.° Of the regional environmental planning. It is a dynamic process of planning of the sustainable development that permits to a region to orient of way coordinated the management, administration and aprovechamiento of its renewable natural resources, to contribute since the environmental thing to the sustainable development alternatives consolidation in the short, medium and long time limit, harmonious with the characteristics and dynamic biophysics, economic, social and cultural.
The regional environmental planning incorporates the environmental dimension of the processes of code and territorial development of the region where be carried out.
Parágrafo. For effects of the present decree, when reference to the Regional Autonomous Corporations be done, will be understood that it includes the Corporations of Sustainable Development.
Article 2.° Principles. The process of regional environmental planning will be governed for the following principles:
1. The Regional Harmony, the Regulatory Gradation and the Subsidiary Severity They established in the Title IX of the Law 99 of 1993.
2. Agreement and articulation among the different instruments of Planning of the State. The Regional Environmental Planning will keep harmony with the National Politics and the objectives of Development of the Millennium vouched for in the General Assembly of the United Nations of the 2000.
3. Respect by the Dynamics and Processes of Regional Development. The Environmental Planning will recognize the heterogeneousness of the processes of regional development and will contribute elements for the collective construction of a project of region, around a vision of sustainable development.
4.Integralidad. The Environmental Planning should consider the different components, actors, interrelations and interactions of the territorial and environmental management, with the purpose to optimize the resources, efforts and in general to favor the coordination of priority actions.
I SURRENDER II
Of the environmental planning
Article 3.° Instruments for the regional environmental planning: For the development of the Regional Environmental Planning in the long, medium and short time limit, the Regional Autonomous Corporations will count on the following instruments: The Plan of Regional Environmental Management (PGAR), the Plan of Triennial Action (PAT) and the annual Budget of incomes and expenses.
I SURRENDER III
Plan of Regional Environmental Management, PGAR
Article 4.° Plan of Regional Environmental Management, PGAR . The Plan of Regional Environmental Management is the instrument of long-range strategic planning of the Regional Autonomous Corporations for the area of its jurisdiction, that permits to orient its management and to integrate the actions of all the regional actors in order to that the advance development process toward the sustainability of the regions.
The Plan of Regional Environmental Management will have a force of minimum 10 years.
The Regional Autonomous Corporations have the responsibility of the formulation of the PGAR in coordination with the territorial companies of its jurisdiction and the representatives of the different economic and social sectors of the region. The PGAR should be approved for the Executive Counsel of the respective Corporation.
Parágrafo. The territorial companies will consider the strategic lines you defined in the Plan of Regional Environmental Management in the formulation and/or adjustment of the Plans of Territorial Code that treats the Law 388 of 1997, as well as in its Plans of Development.
Article 5.° Components of the plan of regional environmental management. The Plan of Regional Environmental Management should contemplate as a minimum four components:
1. Environmental diagnosis.
2. Regional vision.
3. Strategic lines.
4. Instruments of monitoring and evaluation.
1. Environmental diagnosis of the Plan of Regional Environmental Management. The Environmental Diagnosis corresponds al integral analysis of the cultural, economic, social components and biofísicos that determine the state of the renewable natural resources and of the environment. In its formulation the regional and urban-rural relations should be considered, as well as the dynamics among the offering and the demand of goods and environmental services. This it should include indicators of management, environmental and of impact. The system of indicators will be the base for the monitoring and evaluation that treats the Chapter V of this decree.
The diagnosis should go accompanied by cartografía related to the problematic environmental regional one to an adequate scale, and to be supported in the available information that should be supplied for the scientific companies linked and adhering al Department and other generating companies of basic information.
2. Environmental vision for the Regional Development . Leaving from the diagnosis will be identified, with the participation of the different actors, the setting of environmental sustainability to guarantee the process of regional development of the area of jurisdiction of the respective Corporation and the challenges they will be determined and objectives of the PGAR.
3. Strategic lines of the Plan of Regional Environmental Management. The priority strategic lines of environmental management with its respective goals will be determined, to reach the identifying setting in the environmental vision for the Regional Development. These strategic lines of management are constituted in the framework of reference to identify the responsibilities and commitments of the different actors according to their competences, around the solution of the identifying problems and the development of the potencialidades environmental in the area of jurisdiction of the Corporation.
In the definition of the strategic lines the requests of financing will be determined, the possible sources and the mechanisms of articulation among them.
The contents of the Plan of Regional Environmental Management should be constituted in the base for the updating of the environmental determinants for the Plans of Territorial Code, which extensively should be socialized with the municipalities of the Jurisdiction of the Corporation.
4. Instrument of Monitoring and Evaluation of the Plan of Regional Environmental Management. The Regional Autonomous Corporation should implement, in coordination with the Department of Environment, Dwelling and Territorial Development, a system of monitoring and evaluation of the Plan of Regional Environmental Management and of the variation of the state of the natural resources and the environment and its impact on the quality of life of the population and the conditions of regional development. This system should continue the features established in the Chapter V of this decree.
I SURRENDER IV
Plan of Triennial Action, PAT
Article 6.° Plan of Triennial Action, PAT . It is the instrument of planning of the Regional Autonomous Corporations, in which himself concrete the institutional commitment of these for the achievement of the objectives and goals presented in the Plan of Regional Environmental Management. In it the actions are defined and investments that will advance in the area of its jurisdiction and its projection will be of 3 years.
The presentation of the PAT on the part of the General Director before the Executive Counsel, will be done in Public Audience inside the four (4) following months to its possession in order to receiving the opinions of the community.
The Executive Counsel should approve the PAT inside the following month to its presentation on the part of the General Director. In the agreement that adopts the PAT, the motives should be expressed based on which the Executive Counsel adopted or not the adjustments al same proposed by the community.
Parágrafo 1º. The breach of the Plan of Triennial Action will give rise to the removal of the General Director, in the terms predicted in the article 22 of the Decree 1768 of 1994 and in the statutes of each Corporation.
Parágrafo 2º. For the execution of the Public Audience the following guidelines will be considered:
An assembly on the part of the Director of the Corporation through a media of extensive regional circulation should be carried out, directed the representatives of the different private and public sectors, the community, the organizations n or governmental, and in general to the actors that are represented in the Executive Counsel of the Corporation. In said assembly should be invited to record with anticipation its participation and/or intervention in the Audience.
The Corporation to request of the participant, will put at your service the Triennial Action Plan project with the duty advance for its revision.
In the Audience, the Director of the Corporation should carry out a presentation of the Plan of Triennial Action in all its components, especially the programs and identifying projects and the financial plan proposed.
The participants of the Public Audience recorded previously, they will be able to present comments and proposed al Plan, which should be you considered by the Executive Counsel in the process of approval.
Parágrafo transitory. The Regional Autonomous Corporations that had approved the Plan of Triennial Action for the period 2004-2006 before the expedition of the present decree, they should carry out the corresponding adjustments keeping in mind it established in this regulation.
The Plan of Triennial Action for the period 2004-2006 will be able to be presented by the General Director in public audience before the Executive Counsel, inside the five (5) following months to its possession, which will be submitted al procedure indicated in the parágrafo previous.
Article 7.° Components of the Plan of Triennial Action. The Plan of Triennial Action should contain as a minimum five components:
1. General framework.
2. Environmental synthesis of the area of jurisdiction.
3. Operating actions.
4. Financial plan.
5. Instruments of monitoring and evaluation.
1. General framework . It will contain as a minimum the description of the main socioeconomic and environmental characteristics of the jurisdiction, the problematic and potencialidades of the territory, the objectives of the administration and the strategies of articulation with the National Politics, the Plan of Regional Environmental Management, the Plan of Departmental Development, the Plans of Territorial Code and of municipal Development, the Plans of Code and Management of Ethnic Territories and/or of hydrographic basins, the PlansSaneamiento and Management of Vertimientos, the Plans of Integral Management of Solid Residues and of Forest Development.
2. Environmental synthesis of the area of jurisdiction . It corresponds to the priorización of the problems analyzed in the contained diagnosis in the Plan of Regional Environmental Management, to the locating of those problems for focalizar the intervention places and to the evaluation of the institutional factors and of governability that affect them.
3. Operating actions of the Plan of Triennial Action. It corresponds to the programs and priority projects to give answer to the problematic environmental one and to develop the potencialidades of the natural offering of the jurisdiction of the Corporation.
The programs will be conformed by an assembly of projects and they should specify the goals that are expected to obtain for the three years of management. The goals should be specified in quantitative terms and to be measured through indicators that reflect the effect in the state of the resourcesNatural renewable and the environment, as well as the social and economic impact of the management of the Corporation.
The Corporation should organize and to coordinate the actions required to obtain the sufficient information to implement the associated indicators to the goals. Said actions should be incorporated in the Plan of Triennial Action.
Based on the programs and definite projects in the Plan of Triennial Action, the Regional Autonomous Corporations will conform and they will consolidate their banks of programs and projects of investment.