Amendment to the Regulations of the Law of Natural Protected Areas, adopted by Supreme Decree N º 038-2001-AG, with regard to Contracts Administration
SUPREME DECREE N º 007-2011-MINAM
THE PRESIDENT OF THE REPUBLIC
WHEREAS
That Article 68 of the Constitution of Peru states that the State is obliged to promote the conservation of biodiversity and protected areas;
That Article 8 of the Law of Protected Natural Areas - Law No. 26834, and Article 3 of the Regulations approved by Supreme Decree N º 038-2001-AG, established the National Institute of Natural Resources (INRENA) is the governing body and competent authority of the National System of Protected Natural Areas (SINANPE)
That the Second Disposition Supplemental Final Legislative Decree No. 1013, provides for the establishment of the National Protected Areas by the State - SERNANP, as a public body technician with legal personality of public law, becoming budgetary sheet attached to the Ministry of Environment;
That the SERNANP is the governing body of the National System of Protected Natural Areas - State SINANPE and constitutes its technical and regulatory authority. Among its basic functions is to adopt rules and establish technical and administrative criteria and procedures for the establishment and management of Natural Areas Protected
That, under the right of participation in environmental management under Article III of the General Environmental Law - Law No. 28611, Article 17 of the Law of Protected Natural Areas - Law N º 26834 establishes that The State recognizes and promotes private sector participation in the management of protected areas, for which the INRENA, SERNANP today, you can subscribe or give, amongst others, Contracts Management;
That the subject of the Contract Administration is to contribute to more efficient management of protected areas, with the support of nonprofit legal entities of profit takers for it, a set of obligations expressly provided for in section 120 of the Rules of the Law of Natural Protected Areas, adopted by Supreme Decree N º 038-2001-AG;
That pursuant to the provisions Article 125 of the Regulation, Community Reserves have a special management regime which establishes guidelines for its administration and that are determined in terms of the respective Directors;
That the Rules of Organization and Functions SERNANP, approved by Supreme Decree N º 006-2008-MINAM provides in Article 3, paragraph j), which has among SERNANP their general duties, the granting of rights of use and development through grants, authorizations and permits or other mechanisms for activities inherent in the objectives and functions of the Protected Natural Areas National Administration. Likewise, article 23, in clauses m) n), established as functions of the Department of Management of Protected Natural Areas, facilitating participatory processes and management concepts and to promote the signing of concessions, contracts or agreements Management of Protected Natural Areas National Administration for the sustainable use of natural resources conservation and joint actions, respectively;
That, in order to adapt the existing regulatory framework on procurement management, an amendment of Chapter IV, Subchapter 1 of the Regulation of Natural Protected Areas Law, approved by Supreme Decree N º 038-2001 - AG, with the aim of having a standard that meets the new environmental institutional framework, particularly with regard to the aforementioned contracts;
In exercise of the powers conferred by paragraph 8) of Article 118 of the Constitution of Peru and Executive Organization Act, given by Law No. 29158.
DECREES: Article
1 .- Amendment of articles of the Regulation of Natural Protected Areas Law
Amend Articles 117, 118, 119, 120, 121, 122, 123, 124, 126, 127 and 128 of Subchapter I, Chapter IV of Regulation of Protected Natural Areas Act, approved by Supreme Decree N º 038-2001-AG, which are amended to read as follows:
General Provisions Article 117 .-
117.1. The SERNANP is the competent authority to grant and oversee the management contracts on behalf of the State Protected Natural Areas of national administration and to adopt amended or its resolution. 117.2
In a Natural Protected Area of \u200b\u200bnational administration, the SERNANP can, through a Management Agreement, to instruct a legal non-profit private law, individually or in association called Executor, the implementation of actions management and administration required to achieve specific results of the Master Plan priority.
management contracts are awarded for a minimum of five (5) and a maximum of twenty (20) years from the date of subscription. If awarded the contract period is less than twenty (20) years, the parties may extend that period by mutual agreement up to twenty (20) years, provided that it receives a favorable technical report and compliance SERNANP Management Committee. Terminating the Management Agreement, the Executor of a Servicing Agreement, may reapply to enter a new contest.
117.3 Where the Protected Natural Area does not have approved Master Plan or the Management Committee, the Management Agreement include a clause which requires the Executor to finance the preparation of the Master Plan and the establishment of the Management Committee, as appropriate. To apply the provisions the section h) of paragraph 24.3 of Article 24 hereof. The time allowed for preparing the Master Plan is included within the term of the Servicing Agreement. 117.4
The Protected Natural Areas in the Management Agreement SERNANP retains its powers of regulation and supervision of the Natural Protected Area Management and appropriate penalties.
The granting of rights for the exploitation of natural resources and for economic services in protected areas management contract is awarded by the state, according to the sectoral expertise. 117.5
are not subject to management contracts Protected Natural Areas have been declared by UNESCO as World Heritage Sites, according to the criteria approved by the Convention for the Protection of World Cultural and Natural Heritage.
117.6 Execution of Contract Management will be reviewed comprehensively every five (5) years, or whenever the Master Plan be revised or reformulated. The conclusion of this analysis may result in the termination of the contractual instrument.
Article 118 .- Conditions for Executing Contract Administration
To be Executing a Contract Management entity is required to be nonprofit, private law, with minimum experience of five (5) years in the achievement of results associated with the matter of the contract issues through cooperation agreements with the authority jurisdiction, the date for launching the respective tender, in addition to complying with those requirements established by the competent authority for granting the contract.
Article 119 .- The award of Contract Administration
119.1 Procedure for granting a Management Agreement in a Protected Natural Area SINANPE can be initiated automatically by SERNANP by convening a competitive basis, or at the request of a party. The process of management contracts is not in the cases under the Law of Contracts and Procurement.
119.2 The procedure for calling a merit competition begins with the formation, by the SERNANP, an Ad Hoc Committee responsible for approving the bases and drive up to the award process. The notice must be published in the official gazette El Peruano and in another newspaper circulating in the district where is located the Natural Protected Area.
119.3 The procedure to request hand, begins with the presentation an application for the institution concerned to SERNANP. To execute the request with the requirements of the SERNANP, published a summary of the application in the official gazette El Peruano and in another newspaper in the district where is located the Natural Protected Area. To be others interested in the Servicing Agreement requested, within thirty (30) calendar days after publication of the application, start a competitive basis among those stakeholders whose documentation are eligible to participate.
119.4 Should no other interest in the Servicing Agreement, or that people are disqualified for not meeting your request minimum requirements, the SERNANP can initiate a direct award procedure Servicing Agreement to the original applicant, forming an ad hoc committee to conduct the adjudication process if the applicant's proposal meets the minimum score required by the Terms of Reference concerned.
119.5 The result of merit competition or direct award procedure achieved by the Ad Hoc is formalized by the SERNANP.
Article 120 .- Obligations of executing the Contract
a) Comply with the guidelines established in the Master Plan, specific plans other instruments adopted by the SERNANP management as appropriate for the area, as well as specific tasks that are the subject of your Contract;
b) Managing financial resources allocated or to obtain the benefit of the area;
c) Promote the active participation of local populations in managing the Protected Area;
d) To provide facilities for conducting technical audits and accounting of its administration;
e) Develop Work Plan and Annual Budget coordination with the Head of Natural Protected Area Management Committee;
f) Inform the Head of the Protected Natural Area on the commission of infractions that violate the Natural Protected Area;
g) Develop and promote programs for the promotion and dissemination of protected areas;
h) Provide Monitoring Committees and Monitoring and Evaluation, all information that is required, according to the provisions of the relevant Servicing Agreement;
i) In the case of designation or construction of permanent infrastructure must meet the requirements of the SERNANP as appropriate;
j) Provide SERNANP, as appropriate, financial resources and / or materials necessary for the performance of their duties in relation to the Protected Natural Area in question in accordance with the terms of the Servicing Agreement and,
k) other specifying the Servicing Agreement, this Regulation and other relevant provisions.
Article 121 .- On the signing of contracts
121.1 Management Contracts are signed by the Head of SERNANP in the case of Protected Natural Areas SINANPE. The SERNANP as the competent authority granting Contract Administration should take the official record of each management contracts awarded. 121.2
management contracts include clauses that prevent the assignment of contractual position or novation.
Article 122 .- Failure in implementing the Servicing Agreement
Failure, severe or repeated, of the obligations assumed by the Executor by the Servicing Agreement, will result in the termination of the contract of right, without prejudice to legal actions.
Article 123 .-
Prevention Actions
123.1 The Executioner of the Contract Administration and their staff properly identified pursuant to Article IX of the Preliminary Title of the General Environmental Law - Law No. 28611, can perform the necessary actions to cooperate with authorities in prevention of environmental crimes or other administrative violations considered by the legal system as an infringement for the purposes and objectives of establishment of natural protected areas. 123.2
In this regard, has the powers and limitations set forth in Article 920 of the Civil Code and paragraph 4) of section 20 of the Code Criminal in terms of the distance, until the intervention of the instance called by law.
Article 124 .- Economic Resources
124.1 The Executioner of the Contract Administration SERNANP presents the annual budget of Protected Natural Area administered, reporting on the same funding sources. 124.2
economic resources allocated to the Protected Natural Area, as well as those generated by their management must be used exclusively for the benefit of the Protected Natural Area.
Article 126 .- The results of the Contracts Administration
126.1
Management Contracts should specify the result set ordered from the Executor, and the scope of protected natural area in which they are deployed.
126.2 The SERNANP can provide additional management contracts in a protected area if the clauses of the previous administration does not prevent it and as the fields or the results to be responsible for the new management contract do not conflict with previous contract. 126.3
For properties owned by individuals who are in a Natural Protected Area Management with an existing contract, the Executor must establish coordination mechanisms for those owners to exercise their right in line with the objectives of creating the area.
Article 127 .- The Monitoring Committee
127.1 With the entry into force of the Agreement of Natural Protected Area Management, setting up a Committee which monitors compliance with the commitments made by the Executor the SERNANP and members of the Management Committee in the Management Agreement or for a session of the Commission.
127.2 The Commission is composed of a representative of the Head of SERNANP, who presides with casting vote, the Chief of the Protected Natural Area Executor of the Contract and the Chairman of the Committee on Natural Protected Area Management. 127.3
For specific cases or issues, the Commission may invite to its meetings to specialists or organizations it considers necessary.
127.4 The Commission meets at least twice a year to review the quarterly and annual reports filed by the Executor, and proceed to track the activities taking place within the Natural Protected Area, for which the Executor provides the necessary facilities.
127.5 The detailed information delivered by the Executor, and analysis methodologies and monitoring, will be the subject of the Servicing Agreement. His duties are financed from the resources allocated by the executing agency for monitoring and tracking activities. 127.6
From their work, the Commission may recommend to SERNANP, modifications to the management contract signed.
Article 128 .- The Committee on Oversight and Assessment of Administrative Contracts
128.1 Monitoring, assessment of compliance with the objectives of management contracts corresponds to SERNANP. For this purpose the Head of the Tender issued for a resolution forming a committee Monitoring and Evaluation of Contract Administration.
128.2 The Monitoring and Evaluation Commission Contracts Administration issues an annual report of monitoring and evaluating implementation of the objectives of the Contracts of Directors and five (5) years makes a comprehensive evaluation of the results achieved by the Executing Contract Administration proposing the appropriate measures that assessment. This assessment also corresponds Executor whenever the Master Plan is updated. 128.3
conclusion as provided in the preceding paragraph may result in the resolution of the contractual instrument, according to the procedures established for that purpose. By Order of the Department of Management of Natural Protected Areas approved the Terms of Reference for the annual assessment and five year indicated.
128.4 The measures proposed by the Monitoring Committee, are evaluated by the Commission for Supervision and Administration Contract Evaluation and proposals as appropriate to the responsibilities of the various units that make up the SERNANP.
Article 2 .- Endorsement
This Supreme Decree shall be countersigned by the Minister of Environment.
SUPPLEMENTARY PROVISION
Single .- In the case of regional governments the implementation of this standard will be made according to its regulations as the competent authority in the field of Regional Conservation Areas.
Given at Government House in Lima, on the tenth day of May two thousand and eleven.
Alan
Constitutional President of the Republic
ANTONIO JOSE BRACK EGG
Environment Minister
SUPREME DECREE N º 007-2011-MINAM
THE PRESIDENT OF THE REPUBLIC
WHEREAS
That Article 68 of the Constitution of Peru states that the State is obliged to promote the conservation of biodiversity and protected areas;
That Article 8 of the Law of Protected Natural Areas - Law No. 26834, and Article 3 of the Regulations approved by Supreme Decree N º 038-2001-AG, established the National Institute of Natural Resources (INRENA) is the governing body and competent authority of the National System of Protected Natural Areas (SINANPE)
That the Second Disposition Supplemental Final Legislative Decree No. 1013, provides for the establishment of the National Protected Areas by the State - SERNANP, as a public body technician with legal personality of public law, becoming budgetary sheet attached to the Ministry of Environment;
That the SERNANP is the governing body of the National System of Protected Natural Areas - State SINANPE and constitutes its technical and regulatory authority. Among its basic functions is to adopt rules and establish technical and administrative criteria and procedures for the establishment and management of Natural Areas Protected
That, under the right of participation in environmental management under Article III of the General Environmental Law - Law No. 28611, Article 17 of the Law of Protected Natural Areas - Law N º 26834 establishes that The State recognizes and promotes private sector participation in the management of protected areas, for which the INRENA, SERNANP today, you can subscribe or give, amongst others, Contracts Management;
That the subject of the Contract Administration is to contribute to more efficient management of protected areas, with the support of nonprofit legal entities of profit takers for it, a set of obligations expressly provided for in section 120 of the Rules of the Law of Natural Protected Areas, adopted by Supreme Decree N º 038-2001-AG;
That pursuant to the provisions Article 125 of the Regulation, Community Reserves have a special management regime which establishes guidelines for its administration and that are determined in terms of the respective Directors;
That the Rules of Organization and Functions SERNANP, approved by Supreme Decree N º 006-2008-MINAM provides in Article 3, paragraph j), which has among SERNANP their general duties, the granting of rights of use and development through grants, authorizations and permits or other mechanisms for activities inherent in the objectives and functions of the Protected Natural Areas National Administration. Likewise, article 23, in clauses m) n), established as functions of the Department of Management of Protected Natural Areas, facilitating participatory processes and management concepts and to promote the signing of concessions, contracts or agreements Management of Protected Natural Areas National Administration for the sustainable use of natural resources conservation and joint actions, respectively;
That, in order to adapt the existing regulatory framework on procurement management, an amendment of Chapter IV, Subchapter 1 of the Regulation of Natural Protected Areas Law, approved by Supreme Decree N º 038-2001 - AG, with the aim of having a standard that meets the new environmental institutional framework, particularly with regard to the aforementioned contracts;
In exercise of the powers conferred by paragraph 8) of Article 118 of the Constitution of Peru and Executive Organization Act, given by Law No. 29158.
DECREES: Article
1 .- Amendment of articles of the Regulation of Natural Protected Areas Law
Amend Articles 117, 118, 119, 120, 121, 122, 123, 124, 126, 127 and 128 of Subchapter I, Chapter IV of Regulation of Protected Natural Areas Act, approved by Supreme Decree N º 038-2001-AG, which are amended to read as follows:
General Provisions Article 117 .-
117.1. The SERNANP is the competent authority to grant and oversee the management contracts on behalf of the State Protected Natural Areas of national administration and to adopt amended or its resolution. 117.2
In a Natural Protected Area of \u200b\u200bnational administration, the SERNANP can, through a Management Agreement, to instruct a legal non-profit private law, individually or in association called Executor, the implementation of actions management and administration required to achieve specific results of the Master Plan priority.
management contracts are awarded for a minimum of five (5) and a maximum of twenty (20) years from the date of subscription. If awarded the contract period is less than twenty (20) years, the parties may extend that period by mutual agreement up to twenty (20) years, provided that it receives a favorable technical report and compliance SERNANP Management Committee. Terminating the Management Agreement, the Executor of a Servicing Agreement, may reapply to enter a new contest.
117.3 Where the Protected Natural Area does not have approved Master Plan or the Management Committee, the Management Agreement include a clause which requires the Executor to finance the preparation of the Master Plan and the establishment of the Management Committee, as appropriate. To apply the provisions the section h) of paragraph 24.3 of Article 24 hereof. The time allowed for preparing the Master Plan is included within the term of the Servicing Agreement. 117.4
The Protected Natural Areas in the Management Agreement SERNANP retains its powers of regulation and supervision of the Natural Protected Area Management and appropriate penalties.
The granting of rights for the exploitation of natural resources and for economic services in protected areas management contract is awarded by the state, according to the sectoral expertise. 117.5
are not subject to management contracts Protected Natural Areas have been declared by UNESCO as World Heritage Sites, according to the criteria approved by the Convention for the Protection of World Cultural and Natural Heritage.
117.6 Execution of Contract Management will be reviewed comprehensively every five (5) years, or whenever the Master Plan be revised or reformulated. The conclusion of this analysis may result in the termination of the contractual instrument.
Article 118 .- Conditions for Executing Contract Administration
To be Executing a Contract Management entity is required to be nonprofit, private law, with minimum experience of five (5) years in the achievement of results associated with the matter of the contract issues through cooperation agreements with the authority jurisdiction, the date for launching the respective tender, in addition to complying with those requirements established by the competent authority for granting the contract.
Article 119 .- The award of Contract Administration
119.1 Procedure for granting a Management Agreement in a Protected Natural Area SINANPE can be initiated automatically by SERNANP by convening a competitive basis, or at the request of a party. The process of management contracts is not in the cases under the Law of Contracts and Procurement.
119.2 The procedure for calling a merit competition begins with the formation, by the SERNANP, an Ad Hoc Committee responsible for approving the bases and drive up to the award process. The notice must be published in the official gazette El Peruano and in another newspaper circulating in the district where is located the Natural Protected Area.
119.3 The procedure to request hand, begins with the presentation an application for the institution concerned to SERNANP. To execute the request with the requirements of the SERNANP, published a summary of the application in the official gazette El Peruano and in another newspaper in the district where is located the Natural Protected Area. To be others interested in the Servicing Agreement requested, within thirty (30) calendar days after publication of the application, start a competitive basis among those stakeholders whose documentation are eligible to participate.
119.4 Should no other interest in the Servicing Agreement, or that people are disqualified for not meeting your request minimum requirements, the SERNANP can initiate a direct award procedure Servicing Agreement to the original applicant, forming an ad hoc committee to conduct the adjudication process if the applicant's proposal meets the minimum score required by the Terms of Reference concerned.
119.5 The result of merit competition or direct award procedure achieved by the Ad Hoc is formalized by the SERNANP.
Article 120 .- Obligations of executing the Contract
a) Comply with the guidelines established in the Master Plan, specific plans other instruments adopted by the SERNANP management as appropriate for the area, as well as specific tasks that are the subject of your Contract;
b) Managing financial resources allocated or to obtain the benefit of the area;
c) Promote the active participation of local populations in managing the Protected Area;
d) To provide facilities for conducting technical audits and accounting of its administration;
e) Develop Work Plan and Annual Budget coordination with the Head of Natural Protected Area Management Committee;
f) Inform the Head of the Protected Natural Area on the commission of infractions that violate the Natural Protected Area;
g) Develop and promote programs for the promotion and dissemination of protected areas;
h) Provide Monitoring Committees and Monitoring and Evaluation, all information that is required, according to the provisions of the relevant Servicing Agreement;
i) In the case of designation or construction of permanent infrastructure must meet the requirements of the SERNANP as appropriate;
j) Provide SERNANP, as appropriate, financial resources and / or materials necessary for the performance of their duties in relation to the Protected Natural Area in question in accordance with the terms of the Servicing Agreement and,
k) other specifying the Servicing Agreement, this Regulation and other relevant provisions.
Article 121 .- On the signing of contracts
121.1 Management Contracts are signed by the Head of SERNANP in the case of Protected Natural Areas SINANPE. The SERNANP as the competent authority granting Contract Administration should take the official record of each management contracts awarded. 121.2
management contracts include clauses that prevent the assignment of contractual position or novation.
Article 122 .- Failure in implementing the Servicing Agreement
Failure, severe or repeated, of the obligations assumed by the Executor by the Servicing Agreement, will result in the termination of the contract of right, without prejudice to legal actions.
Article 123 .-
Prevention Actions
123.1 The Executioner of the Contract Administration and their staff properly identified pursuant to Article IX of the Preliminary Title of the General Environmental Law - Law No. 28611, can perform the necessary actions to cooperate with authorities in prevention of environmental crimes or other administrative violations considered by the legal system as an infringement for the purposes and objectives of establishment of natural protected areas. 123.2
In this regard, has the powers and limitations set forth in Article 920 of the Civil Code and paragraph 4) of section 20 of the Code Criminal in terms of the distance, until the intervention of the instance called by law.
Article 124 .- Economic Resources
124.1 The Executioner of the Contract Administration SERNANP presents the annual budget of Protected Natural Area administered, reporting on the same funding sources. 124.2
economic resources allocated to the Protected Natural Area, as well as those generated by their management must be used exclusively for the benefit of the Protected Natural Area.
Article 126 .- The results of the Contracts Administration
126.1
Management Contracts should specify the result set ordered from the Executor, and the scope of protected natural area in which they are deployed.
126.2 The SERNANP can provide additional management contracts in a protected area if the clauses of the previous administration does not prevent it and as the fields or the results to be responsible for the new management contract do not conflict with previous contract. 126.3
For properties owned by individuals who are in a Natural Protected Area Management with an existing contract, the Executor must establish coordination mechanisms for those owners to exercise their right in line with the objectives of creating the area.
Article 127 .- The Monitoring Committee
127.1 With the entry into force of the Agreement of Natural Protected Area Management, setting up a Committee which monitors compliance with the commitments made by the Executor the SERNANP and members of the Management Committee in the Management Agreement or for a session of the Commission.
127.2 The Commission is composed of a representative of the Head of SERNANP, who presides with casting vote, the Chief of the Protected Natural Area Executor of the Contract and the Chairman of the Committee on Natural Protected Area Management. 127.3
For specific cases or issues, the Commission may invite to its meetings to specialists or organizations it considers necessary.
127.4 The Commission meets at least twice a year to review the quarterly and annual reports filed by the Executor, and proceed to track the activities taking place within the Natural Protected Area, for which the Executor provides the necessary facilities.
127.5 The detailed information delivered by the Executor, and analysis methodologies and monitoring, will be the subject of the Servicing Agreement. His duties are financed from the resources allocated by the executing agency for monitoring and tracking activities. 127.6
From their work, the Commission may recommend to SERNANP, modifications to the management contract signed.
Article 128 .- The Committee on Oversight and Assessment of Administrative Contracts
128.1 Monitoring, assessment of compliance with the objectives of management contracts corresponds to SERNANP. For this purpose the Head of the Tender issued for a resolution forming a committee Monitoring and Evaluation of Contract Administration.
128.2 The Monitoring and Evaluation Commission Contracts Administration issues an annual report of monitoring and evaluating implementation of the objectives of the Contracts of Directors and five (5) years makes a comprehensive evaluation of the results achieved by the Executing Contract Administration proposing the appropriate measures that assessment. This assessment also corresponds Executor whenever the Master Plan is updated. 128.3
conclusion as provided in the preceding paragraph may result in the resolution of the contractual instrument, according to the procedures established for that purpose. By Order of the Department of Management of Natural Protected Areas approved the Terms of Reference for the annual assessment and five year indicated.
128.4 The measures proposed by the Monitoring Committee, are evaluated by the Commission for Supervision and Administration Contract Evaluation and proposals as appropriate to the responsibilities of the various units that make up the SERNANP.
Article 2 .- Endorsement
This Supreme Decree shall be countersigned by the Minister of Environment.
SUPPLEMENTARY PROVISION
Single .- In the case of regional governments the implementation of this standard will be made according to its regulations as the competent authority in the field of Regional Conservation Areas.
Given at Government House in Lima, on the tenth day of May two thousand and eleven.
Alan
Constitutional President of the Republic
ANTONIO JOSE BRACK EGG
Environment Minister
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