PERÚ - Observatory for Renewable Energy in Latin America and

Perú- Products I and II
In the case of electric power projects, the normative aspects of environmental
affairs are in charge of the General Directorate of Energetic Environmental
Affairs (DGAAE). The aspects of technical environmental control are
competition of the Organism of Evaluation and Environmental Control– OEFA,
belonging to the MINAM.
The EIA’s for the development of electric projects are reviewed and approved by
the DGAAE. The MINAM is not implicated directly with the procedures of
evaluation of Environmental Impact Assessments - EIA for projects in general.
However, the National Service of Protected Natural Areas (SERNANP), which is
a public agency attached to the MINAM, has the faculty of giving its technical
binding opinion on the EIAs that involve protected natural areas. In the same
way, the National Authority of Water (ANA), a technical specialized agency, and
the Ministry of Agriculture, have the faculty of giving their technical opinion on
the EIAs. In some cases it could also be required the technical opinion of
MINAM and of the National Institute of Development of Andean, Amazonian
and Afro-Peruvians (INDEPA).
The request of an EIA for the development of electric power projects is foreseen
in the L.D. Nº 25844, Electrical Concessions Law and its Regulations, enacted in
1993. The details for the EIA development are established in the S.D. Nº 29-94-
EM “Regulations of Environmental Protection in Electricity Activities”, enacted
in 1994.
According to what is established in the L.D. Nº 25844 and the L.D. Nº 1002,
(Law to Promote Investment in Electricity Generation with Renewable Energies),
the presentation of an EIA for electric projects depends on the energy production
capacity of the power station. For projects with higher capacity of 20 MW it is
required a detailed EIA. In projects of less capacity it has been applied the prequialification
mechanism and an affidavit in case the renewable energetic project
is not located in a Protected Natural Area.
Projects of 20 MW of power or more should be elaborated in accordance with
what it is established in the Law Nº 25844, Law Nº 27446 and the S.D. Nº29-94
EM. The procedures to follow for the EIA’s approval are described below:
a) Presentation of a Citizen Participation Plan (CPP) and Terms of Reference
(ToR) of the EIA (the ToR are sent to SERNANP, ANA and other interested
organisms when necessary).
b) Execution of workshops before the elaboration of the EIA (preparatory
phase) and during the elaboration of the EIA (intermediate phase).
c) Presentation of the EIA to the DGAAE-MEM and other interested
organisms (SERNANP, ANA, MINAG, DREM, district and provincial
municipalities, communities, small towns).
d) Evaluation and approval of the Executive Summary of the EIA and other
requirements of the TUPA.
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