Official Newspaper Not. 43.477, of 15 of January of 1999

LAW 491 OF 1999

(January 13)

Official newspaper Not. 43.477, of 15 of January of 1999

By which the ecological insurance is established, the Penal Code is modified and other dispositions are dictated.

<Resumen de Notas de Vigencia>

You NOTE OF FORCE:
3. It corrected by the Decree 623 Of 1999, it published in the Official Newspaper Not. 43.553 of 16 of April of 1999, "By which an error in the Law is corrected 491 of 1999, by which the ecological insurance is established, the Penal Code is modified and other dispositions are dictated".
2. It modified by the Law 599 of 2000, "By which the Penal Code is sent off", published in the Official Newspaper Not. 44.097 of 24 of July of the 2000.
They establish the Articles 474 and 476 of the Law 599 of 2000:
"I ARTICULATE 474. DEROGATORIA. Deróganse the Decree 100 of 1980 and other norms that modify it and complement, in which has to see with the consecration of prohibitions and penal mandates".
"I ARTICULATE 476. FORCE. This Code will enter to govern a (1) year after its promulgation".
This document does not incorporate such derogatorias in the corresponding articles.
1. By means of Sentence C-320-98 of 30 of June of 1998, Judge Speaker Dr. Eduardo Cifuentes Muñoz, the Constitutional Cut revised the exequibilidad of the government Bill 235/96 Senate and 154/96 Chamber, in accordance with the arranged thing in the article 167 Of the Political Constitution.

THE CONGRESS OF COLOMBIA

It DECREES:

REGULAR I. FIELD OF APLICACION

I ARTICULATE 1o. OBJECTIVE OF THE LAW. The object of the present law is to create the ecological insurances as a mechanism that permit to cover the economic damages cuantificables to specific persons as splits or as a result of damages al environment and to the natural resources and the reform al Penal Code in it relating to the environmental crimes, seeking to improve the operatividad of the justice in this aspect, the previous thing in development of the article 16 of theLaw 23 of 1973.

REGULAR II.

OF THE SURE one ECOLOGICO

I ARTICULATE 2o. OBJECT OF THE SURE one ECOLOGICO. The ecological insurance will consider object to protect the economic damages cuantificables produced a specific person as splits or in consequence of damages al environment and to the natural resources, in the cases of the insurance of civil responsibility extrancontractual, when such damages have been caused by an attributable fact al assured, whenever he be not produced by an act mere potestativo or caused with I cut or blames serious; or,In the cases of the real insurances as a result of an accidental, sudden and unexpected fact of the action of a third or by natural causes.

The pure environmental damage will be able to be established in these policies as causal of exclusion of the obligation to protect, unless the placement be achieved of the reaseguro for you determined events of this nature.

PARAGRAFO. The National Government will regulate the conditions of the Ecological Policy and the way to establish the totals assured.

I ARTICULATE 3o. SURE ECOLOGICO OBLIGATORY. The ecological insurance will be obligatory for all those human activities that damages can cause it al environment and that they require environmental license, according to the law and the regulations. In the events in which the natural or legal person that deal with the license have already hired a policy of civil responsibility extracontractual to protect damages produced by damages al environment and to the natural resources, the environmental authority will verify that really it have the covers and the adequate totals assured.

I ARTICULATE 4o. SURE ECOLOGICO VOLUNTARY. The individuals or the public or private companies will be able likewise to hire the Ecological Insurance a reduction the modality of a policy of damages to protect economic damages you determined in their goods and hereditary interests that be part or consequence of ecological damages, produced by an accidental, sudden and unexpected fact, by the action of third parties or by natural causes.

I ARTICULATE 5o. BENEFICIARIES OF INSURANCE. They will be direct beneficiaries of the ecological insurance the holders of the rights affected by the damage or their causahabientes.

I ARTICULATE 6o. DETERMINACION OF THE DAMAGE. The respective environmental authority subject to request of the interested will be able to certify on the occurrence and of the amount of the sinister one, by means of administrative act properly motivated. The opinion will be able to serve of base for the claim before the insurance one or in the judicial process that eventually himself ahead.

I ARTICULATE 7o. DESTINY OF THE INDEMNIZACION. When the beneficiary of the compensation be a state company, the total of the compensation should be destined to the repair, reinstatement, or restoration of the natural resources or ecosystems deteriorated.

PARAGRAFO. When the activities of repair, reinstatement or restoration be not possible to carry out, the total of the compensation will be invested directly in ecological or environmental projects of special interest for the community affected.

I ARTICULATE 8o. RESPONSIBILITY BY THE DAMAGE. If the value protected does not cover the amount of the damage, or of all the damages in whom fuere responsible of the fact, should respond for the total of all the damages and damages that himself hubieren produced excessively of the sums assured in the policy.

I ARTICULATE 9o. PRESCRIPCION OF THE ACCION OF RECLAMACION. The terms of prescripción for the actions that are derive from the contract of insurance, contents in the articles 1081 and 1131 Of the Code of Commerce or the norms that substitute it or they modify it, are done extensive to the ecological insurances and they will be counted since the moment in which have knowledge of the damage during the force of the respective policy.

I ARTICULATE 10. REPORT OF THE DAMAGE. Besides the obligations established in the Code of Commerce, the assured should give immediate notice, in writing, to the respective environmental authority and al insurance on the acaecimiento of the damage.

I ARTICULATE 11. SANCION BY ABSENCE OF POLIZA. Who being obliged to hire the ecological policy and I did not count on her or was not in force, al moment of the occurrence of the damage, will be able to be fined by the respective environmental authority until the equivalent one to the half of the total cost of the damage caused.

I ARTICULATE 12. SANCION BY REPORT NOT THE DAMAGE. Who being obliged to report the damage and it not hiciere opportunely, will be fined by the respective environmental authority until the equivalent one to a hundred (100) legal monthly most minimum salaries in force, or to five hundred (500) legal monthly most minimum salaries in force, if the circumstance of the report or its delay there be done more costly the consequences of the damage.

I ARTICULATE 13. APLICABILIDAD OF THE LEGISLACION COMMERCIAL. Those aspects done not contemplate in this law are regulated for the norms of the title V of the Code of Commerce and by the other pertinent legal dispositions.

REGULAR III.

It REFORMS AL CODIGO PENAL

I ARTICULATE 14. FIRE. The article 189 of the Penal Code, will remain thus:

I ARTICULATE 189. FIRE. The one that with common danger token fire in movable thing, will incur in prison of one (1) to eight (8) years and fine from ten to three hundred monthly legal most minimum salaries in force.

If the conduct I was carried out in real estate or in object of artistic, cultural, historic, scientific interest or for the sake of public use or of social utility, the prison will be from two to ten years and fine from fifty to five hundred monthly legal most minimum salaries in force.

The grief indicated in the previous clause will enlarge even in the half if the fact you be eaten you in building inhabited or destined to room or in public real estate or destined to this use, or in commercial, industrial or agricultural establishment; or in terminal of transportation, or in deposit of merchandise, food, or in matters or explosive substances, corrosivas, inflamables, asfíxiantes, toxic, infectious or similar or in forest, resource florístico, orIn area of special management.

I ARTICULATE 15. DAMAGE IN WORKS OF COMMON DEFENSE. The article 190 of the Penal Code, will remain thus:

I ARTICULATE 190. DAMAGE IN WORKS OF COMMON DEFENSE. The one that damage total or partially work destined to the collecting, conduction, reservoir, storage, processing or distribution of water, will incur in prison of two (2) to ten (10) years and fine from twenty to a hundred monthly legal most minimum salaries in force.

I ARTICULATE 16. PROVOCACION OF INUNDACION OR CAVE-IN. The article 191 of the Penal Code, will remain thus:

I ARTICULATE 191. PROVOCACION OF INUNDACION OR CAVE-IN. The one that cause flood or cave-in, will incur in prison of one (1) to ten (10) years and fine from twenty to two hundred monthly legal most minimum salaries in force.

I ARTICULATE 17. POSSESSION, FABRICACION AND TRAFICO OF SUBSTANCES OR DANGEROUS OBJECTS. The article 197 of the Penal Code, will remain thus:

I ARTICULATE 197. POSSESSION, FABRICACION AND TRAFICO OF SUBSTANCES OR DANGEROUS OBJECTS. The one that illicitly value, introduce, export, manufacture, acquire, have in its power, supply, transportation or eliminate substance, object, waste or dangerous or nuclear residue considered as such by international treaties ratified by Colombia or dispositions in force, will incur in prison from three to eight and fine from fifty to three hundred monthly legal most minimum salaries in force.

The predicted grief in this article will enlarge to the half if the previous conducts are carried out on chemical, biological or nuclear weapons.

I ARTICULATE 18. CRIMES AGAINST THE NATURAL RESOURCES AND THE ENVIRONMENT. Créase a new title in the identifying Penal Code with the number.

REGULAR III. bis

CRIMES AGAINST THE NATURAL RESOURCES AND THE ENVIRONMENT

I SURRENDER I. CLASSES OF CRIMES

I ARTICULATE 19. ILICITO APROVECHAMIENTO OF RESOURCES BIOLOGICOS. The article 242 of the Penal Code, will remain thus:

I ARTICULATE 242. ILICITO APROVECHAMIENTO OF RESOURCES BIOLOGICOS. The one that illicitly transportation, trade, take advantage of, introduce or be benefited of resources fáunicos, forest, florísticos, hidrobiológicos or genetic of extinct species declared, threatened or under extinction, will incur in prison from three to seven years and fine from 50 to 300 monthly legal most minimum salaries in force.

I ARTICULATE 20. INVASION OF AREAS OF SPECIAL IMPORTANCE ECOLOGICA. The article 243 of the Penal Code, will remain thus:

I ARTICULATE 243. INVASION OF AREAS OF SPECIAL IMPORTANCE ECOLOGICA. The one that invade area of special management, forest reserve, shelters or you reserve native, rural reserves, lands of collective property of the black communities, regional park, area or ecosystem of strategic interest or area protected, defined in law or regulation, will incur in prison from two to eight years and fine from 50 to 300 monthly legal most minimum salaries in force.

The grief indicated in this article will enlarge even in a third part when as a result of the invasion the natural components be affected seriously that served of base to perform the qualification of the corresponding territory.

The one that promote, finance or direct the invasion or take advantage of economically of her, will remain submitted to prison from three to ten years and fine from 150 to 500 monthly legal most minimum salaries in force.

I ARTICULATE 21. EXPLOTACION OR EXPLORACION ILICITA MINING OR PETROLEUM. The article 244 of the Penal Code, will remain thus:

I ARTICULATE 244. EXPLOTACION OR EXPLORACION ILICITA MINING OR PETROLEUM. The one that ilicítamente explore, exploit, transform, benefit or transportation mining resource or deposit of hydrocarbons, will incur in prison from one to six years and fine from fifty to three hundred monthly legal most minimum salaries in force.

I ARTICULATE 22. MANAGEMENT ILICITO OF HARMFUL MICROORGANISMS. The article 245 of the Penal Code, will remain thus:

I ARTICULATE 245. MANAGEMENT ILICITO OF HARMFUL MICROORGANISMS. The one that illicitly manipulate, experimente, inoculate or spread microorga-nismos, molecules, substances or harmful elements that can originate or to diffuse illness in the resources fáunicos, forest, florísticos or hidrobiológicos will incur in prison from one to six years and fine from twenty to two hundred monthly legal most minimum salaries in force.

I ARTICULATE 23. OMISION OF INFORMACION. Créase in the Penal Code, the article 245 bis, whose state is the following one:

I ARTICULATE 245 BIS. OMISION OF INFORMACION. The administrator, the legal representative, the direct head, the president and/or the director that having knowledge of the presence of you plague or illnesses infectocontagiosas in animals or in forest resources or florísticos that can originate an epidemic and give not immediate notice to the competent authorities will incur in prison of one (1) to six (6) years and fine from twenty to two hundred monthly legal most minimum salaries in force.

I ARTICULATE 24. CONTAMINACION ENVIRONMENTAL. The article 247 of the Penal Code, will remain thus:

I ARTICULATE 247. CONTAMINACION ENVIRONMENTAL. The one that illicitly contaminate the atmosphere, the floor, the subsoil, the water or other natural resources and can produce damage to the resources fáunicos, forest, florísticos or hidrobiológicos or to the natural ecosystems, will incur in prison from two to eight years and fine from 150 to 500 monthly legal most minimum salaries in force.

The grief will be increased in a third part when the conduct described in this article alter of dangerous way the water destined al use or I consume human.