The year 2022 begins with tremendously significant environmental news, since, through Law 2173 of December 30, 2021, ecological restoration is promoted through the MANDATORY PLANTING OF TREES throughout the Colombian territory.
What is the Law about? It has three (3) fundamental pillars, which are:
PILLAR 1.: The stimulation of the ENVIRONMENTAL AWARENESS OF THE CITIZENRY, that is, of all Colombian citizens.
PILLAR 2.: The consolidation of the ENVIRONMENTAL CIVIL LIABILITY of MEDIUM and LARGE companies and, if they so wish, small companies as well.
PILLAR 3.: The consolidation of reforestation policies of ALL MUNICIPALITIES with the technical support of the municipal and departmental Environmental Authorities, who must establish the criteria and areas for mandatory reforestation.
What is the environmental focus of the Law? Through Law 2173 of 2021, the aim is to create LIFE AREAS and the consolidation of forests in each of the municipalities of the country, with the active participation of the entire population in the ecological restoration and conservation of the territory, through the planting of trees for the creation of forests and the increase of vegetation cover, with the joint work of companies and competent entities.
But, what is a LIFE AREA? A LIFE AREA is the zone defined and designated by the municipalities for restoration programs through the planting of trees, including, among others, water springs, water buffer zones, wetlands, areas of the National System of Protected Areas, and others that comprise the main ecological structure of the municipalities.
What is the MANDATORY responsibility of COMPANIES?
In relation to companies, Title III, Article 6 states that all medium and large companies duly registered in Colombia must develop a tree planting program in the areas established in the defined Life Area, which will be incorporated within the adopted corporate environmental management measures.
What is the planting rate for COMPANIES? At least two (2) trees must be planted for each of its workers, trees that must comply with the guidelines established by the national government's reforestation program, where priority will be given to planting native trees of the area, in conjunction with environmental authorities in the defined life areas.
Who assumes the costs of planting? Each company will assume the costs of the tree planting program.
How often should reforestation occur? This obligation must be fulfilled annually, starting from the year following the promulgation of the law, that is, it will come into effect as of December 2022, so there is time to analyze very well how to plant the trees.
It is important to note that restoration sessions will be internal activities of the companies, so they must be carried out during working hours, as well as comply with occupational safety protocols and other legal requirements.
To demonstrate compliance with the law, the municipal secretariats of environment, planning, or whoever acts in their stead will issue the “Business Life Planting Certificate”.
On the other hand, medium and large companies that, due to pandemic reasons, have had to close their own activities, but manage to reactivate, will have a transition period to comply with the provisions of the law, having to comply with the norm one year after its promulgation. In turn, companies that, because they are dissolved, liquidated, inactive, or in a rescue phase, cannot comply with the norm, must present the certificate proving this to be exempt from the obligation.
Finally, micro and small companies may, at their own discretion, carry out restoration sessions through the planting of trees, complying with the general guidelines of the law.
Prepared by: Hernando Zuñiga M.. Consulting Attorney.