The first semester of this year was characterized by important environmental regulatory changes, which we summarized herein:
1. Agrochemicals: Executive Decree No. 43838-MAG-S-MINAE “Technical Regulations RTCR 509:2022. Agricultural Supplies. Formulated Synthetic Agrochemicals, Technical Grade Active Ingredient, Adjuvants, Physical Vehicles and Related Substances for Agricultural Use. Registration” came into effect on February 1, 2023, and repealed the Executive Decrees No. 42769 and 39995. To unify and simplify regulations and registration procedures, and to make environmentally and human health-friendly molecules available, different types of procedures were established, such as the homologation of registration from OECD member countries or adherents to the Mutual Acceptance of Data System of the Organization. The regulations established a 30-day term for the verification of the homologation requirements by the State Phytosanitary Service (SFE). The SFE, MINAE and MINSA will be responsible for reviewing, analyzing, and providing an opinion of the registration application to verify that the technical grade active ingredient, formulated synthetic agrochemicals, adjuvants and related substances do not adversely affect the environment, human health or the agriculture. As a transitional measure, products registered under previous standards are required to be updated with new technical requirements, including an environmental risk assessment report.
2. Distributed energy resources: Executive Decree No. 43879-MINAE “Regulations to the Law for the Promotion and Regulation of Distributed Energy Resources from Renewable Sources, No. 10086 of January 7, 2022” came into effect on February 1, 2023, and repealed Executive Decree No. 39220. The aim is to provide a new regulatory framework that eliminates long-standing barriers criticized in the previous regulations, hindering the promotion of renewable energy for self-consumption. The distributed energy resources (DER) include a) distributed energy for self-consumption, b) energy storage systems, c) electrical vehicles, and d) demand response. It regulates technology and charging centers for electric vehicles, including obligations for the DER owners that operate an electrical vehicle or recharge infrastructures for their own use. Important changes included the possibility to purchase and sale surplus energy deposited into the grid and the removal of the maximum withdrawal limit of 49% once the energy has been deposited in the National Electric System (SEN). Regarding the maximum capacity of connected systems on the same circuit, previously set at 15% of the circuit´s annual maximum demand, the new regulations delegate the determination of DER penetration capacity to the electric company.
3. Desalination of brackish water: Executive Decree No. 43956-Minae-S-TUR “Reform of the Desalination Systems Regulations, Permitting to Drill and Water Concession for Self-Supply in Condominiums Regulations” in force since March 24, 2023, amended Executive Decrees No. 40098 y 35271. It includes new specifications for the installation of water intakes located in the sea and allows the intertidal intakes for medium-impact projects. Intakes must be located outside of wetlands or their affected areas. Structures in the public zone of the maritime-terrestrial area must be underground and not obstruct free transit. An important change was included with the elimination of the prerequisite of a non-availability letter of potable water service from the lending entity. The reform establishes requirements for processing a concession for self-supply in condominiums. Likewise, terms of reference for obtaining an environmental license from SETENA were regulated, with response and resolution deadlines established to expedite administrative procedures. It is important to note that the regulation regarding evaluation costs referred to in this Decree was repealed.
4. Sustainable adventure parks: Executive Decree No. 43953-COMEX-TUR “Regulations for the issuance of technical viability criteria for sustainable adventure park activities in accordance with the provisions of Article 2(c)(i) of Law No. 10234” came into effect since April 11, 2023. It regulates the process and the requirements to obtain the criteria from the Costa Rica Tourist Institute (ICT) within the Single Investment Window System (VUI), so that companies developing sustainable adventure parks outside of the Great Metropolitan Area may be eligible for the free trade zone regime (Law No. 10234). Upon receiving a criteria request from PROCOMER, the ICT has 1 month to assess the viability of the activities proposed by the company. It will be verified that the description of the Project is consistent with the definition of a sustainable adventure park and with any of the existing categories of the CST Standard. The approval issued by the ICT has permanent validity. Companies must obtain the Tourism Sustainability Certification from the ICT within a maximum period of 2 years from the start of operations.
5. Environmental license: Executive Decree No. 43898-MINAE-S-MOPT-MAG-MEIC “Regulations of environmental assessment, control and monitoring” published on April 19, 2023, will become effective on August 20, 2023. It repeals Executive Decrees No. 31849 and No. 34536. It regulates the processes before SETENA and gives greater weight to field supervision through the work of the environmental comptroller, as well as establishing response and resolution deadlines. The regulations update the list of activities that should and should not be submitted to an environmental impact assessment (EIA). Forms were created for urban quadrants and timber exploitation within protected wild areas, the form for telecommunication towers was modified, form D2 (environmental registration) was eliminated, and form D1-C was created for low impact activities. Additionally, the new regulations modified the applicable administrative sanctions according to the type of infraction. Furthermore, it establishes that for activities or projects that require a concession, the period of the environmental license will start from the date the concession is granted. According to Transitory I, the files submitted to SETENA that do not have an environmental license at the time the regulation enters into effect, will be regulated by the previous regulations.
6. Withdrawal of sanitary products: Executive Decree No. 43896-S “Regulation for the withdrawal from commercialization or circulation of products of sanitary interest” came into effect on May 16, 2023. It establishes the guidelines for the withdrawal from commercialization or circulation of products of sanitary interest when they present innocuity, quality, efficacy, safety, or regulatory compliance issues that justify such measure. These products include foods, dietary supplements, biomedical materials and equipment, medicines, cosmetics, natural medicinal products, hazardous chemicals, hygiene products, and pesticides for domestic and industrial use.
7. Plastic pollution: Executive Decree No. 43985-S “Regulations to enforce the Law to Combat Plastic Pollution and Protect the Environment No. 9786” will be effective as of August 21, 2023. Law No. 9786 prohibited the commercialization and free distribution of plastic straws and plastic bags in supermarkets and commercial establishments. It sets obligations on single use plastic bottles and products packaged in them, as also indicating exceptions. Certain aspects of the Law would not take effect until the Ministry of Health issued this norm, hence its importance, although the technical requirements established in articles 4 and 5 of the Law have yet to be regulated. The regulations detail additional exceptions to those indicated in the Law. In the case of plastic bottles, to implement certain sustainability guidelines provided by the Law, the obligation to submit an annual Compliance Plan is established. Violations of the prohibition and obligations are classified as minor infractions. It is worth noting that the Law and the regulations have been criticized by non-governmental organizations that claim that both are insufficient to ensure the protection of the environment, which may lead to additional regulations on this subject in the future.
8. Import of natural gas for self-consumption: Executive Decree No. 43897-MINAE-S “Regulations for the importation of natural gas for self-consumption in the industrial sector", will come into effect on August 25, 2023. It allows the importation of gas for self-consumption in productive processes by individuals or legal entities. The regulations establish the requirement of obtaining an import authorization from the Ministry of Health, among other obligations. The General Directorate of Transportation and Commercialization of Fuels of the MINAE may conduct aleatory and periodic inspections to supervise environmental protection and compliance with the regulations.
For more information or counsel regarding the processing of permits and authorizations contact Luciana Pineda, Head of the Environmental Department This email address is being protected from spambots. You need JavaScript enabled to view it.
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