On June 13, 2025, the Ministry of Environment, Water and Ecological Transition (“MAATE”), through the Undersecretariat of Environmental Quality, issued Circular No. MAATE-SCA-2025-0010-C (“Circular”), addressed to companies in the hydrocarbons, mining, electricity, telecommunications and other activities subject to environmental control. The Circular states that:
- All Environmental Compliance Audits (“AAC”) shall be prepared solely based on the Terms of Reference (“TORs”) Type-Standard, contained in Annex 9 of Ministerial Agreement MAATE-MAATE-2024-074-A, issued on November 20, 2024 (“Agreement”).
- Customized TDRs will not be required to be submitted to or pre-approved by MAATE.
- Audits must be submitted within 90 days after the end of the audited period.
- Failure to submit the audits within the established deadline will be administratively sanctioned.
- The audit report shall expressly state that it was prepared in accordance with the Agreement and Annex 9.
The Circular applies generally and directly to all operators subject to environmental audits, within the framework of the procedures initiated before and after the entry into force of the Organic Environmental Code and its secondary regulations. The legal basis for this measure is found in the Agreement that approves the “Instrument for the immediate approval of Environmental Audits of Compliance and Conjunction, Terms of Reference and Environmental Compliance Reports”.
This Agreement is framed within the principles established in the Organic Law for the Optimization and Efficiency of Administrative Procedures, such as simplicity, celerity and subsequent control, which determines in the Third Transitory Provision that if the operator does not submit the withdrawal of its TDR process within 30 days from the entry into force of the Agreement, it will be obliged to use the Standard-Type TDRs.
Determined by the Agreement and the Circular:
- Review if you have previous active TDR proceedings and evaluate submitting a waiver if applicable.
- Plan the preparation of your Environmental Compliance Audit, ensuring its delivery within 90 days.
- Adapt your technical and legal procedures to the mandatory use of the standard format (Annex 9).
- Include the required regulatory reference in the background of the report to avoid observations.
- Train your environmental and legal staff on the new requirements to ensure effective implementation.
The Circular is a mandatory instruction of immediate application for all operators subject to environmental control. Compliance with it not only guarantees the validity of audits but also avoids delays and penalties. This measure represents a step towards the standardization and efficiency of environmental procedures in the country.
Carlos Torres, Senior Associate at CorralRosales
ctorres@corralrosales.com
+593 2 2544144