NATIONAL

ENVIRONMENTAL
POLICY

POLÍTICA NACIONAL
DEL AMBIENTE
(VERSIÓN INGLÉS)

Supreme Decree Nº 012-2009-MINAM dated May 23, 2009

Créditos Institucionales:

Ministerio del Ambiente - MINAM

Dr. Antonio Brack Egg, Ministro del Ambiente

Ministerio del Ambiente

Av. Javier Prado Oeste Nº 1440
San Isidro, Lima, PERÚ
Correo electrónico: webmaster@minam.gob.pe
http://www.minam.gob.pe

Hecho el Depósito Legal en la Biblioteca Nacional del Perú Nº 2010-16538

1ra. Reimpresión, diciembre 2010
Tiraje: 5,000 ejemplares
Impresión: Editorial Supergráfica E.I.R.L.
 PREAMBLE

The National Environmental Policy is hereby presented to Peruvian citi-

zens in compliance with article 67º of the Political Constitution of Peru
and in accordance with legislation governing public environmental poli-
cies. This Policy is one of the main administrative instruments to support
Peru’s sustainable development, and has been drafted in accordance
with the Rio Declaration on Environment and Development, the United
Nations Millennium Development Goals, and all other environmental
treaties and declarations signed by Peru.

Given that this Policy integrates social, environmental, and economic

components of national public policies and aims to meet the needs of
present and future generations, it is a legally enforceable instrument
that guides public and private sector activities. Likewise, this Policy is
a foundation for the National Environmental Action Plan2, the National
Environmental Action Agenda3, and other environmental public admi-
nistration instruments in accordance with the National Environmental
Management System4.

The National Environmental Policy (NEP) is in agreement with public

policy guidelines established in Law Nº 29158, Organic Law of the Exe-
cutive, and those set forth in Law Nº 28611, General Environmental Law.
 
      
national standards. The NEP constitutes the general environmental
government policy, framing sectoral, regional, and local policies.

This Policy has been stated on the basis of the country’s environmental
status taking into account implicit policies and guidelines which support
national plans and strategies on biodiversity, forests, climate change,
solid wastes, sanitation, and chemical products, among others. It also
includes citizens’ feedback obtained from a decentralized public con-
sultation process carried out by the Ministry of Environment.

2
Plan Nacional de Acción Ambiental
3
Agenda Nacional de Acción Ambiental
4
Sistema Nacional de Gestión Ambiental
1
The National Environmental Policy, an instrument for Peru’s strategic de-
velopment, constitutes the foundation for environmental conservation. It
encourages and assures the sustainable, responsible, rational, and ethical
use of natural resources and the environment which sustains these resou-
rces. In this manner, it contributes to Man’s integral social, economic, and
cultural development, in perfect harmony with its environment.

2
 1. LEGAL FRAMEWORK

The Political Constitution of Peru recognizes Man as the supreme

being of Society and State, favoring upon Man the fundamental right
to a balanced and adequate environment for the development of life
(article 2º, section 22). Similarly, articles 66º and 69º establish that
the State must determine the National Environmental Policy and that
renewable and non-renewable natural resources constitute the natural
    
   
to promote conservation of biodiversity and natural protected areas
within the national territory as well as the sustainable development of
the Amazon area.

The Ministry of the Environment is the governing body of the Envi-

ronmental Sector and the competent authority to devise the National
Environmental Policy, applicable at all three government levels, as set
forth in Legislative Decree Nº 1013 which approves the Law of Creation,
Organization, and Functions of this Ministry.

The National Environmental Policy is based on the Organic Law of the

Executive, Law Nº 29158, which given its hierarchy and succession
to the enactment of the General Environmental Law, Law Nº 28611,
        
       

  
     
and national standards to assure the normal development of public
and private activities.

Because environmental policies must be integrated with all other public

policies, the National Environmental Policy was drafted in accordance
with the General Environmental Law and other laws including Law Nº
27783, Bases for Decentralization Law; Law Nº 27867, Organic Law of
Regional Governments; Law Nº 27972, Organic Law of Municipalities;
Law Nº 26821, Organic Law for the Sustainable Use of Natural Resou-
rces; and various international treaties signed by Peru.

3
 2. BACKGROUND

Peru, a nation with a valuable national and cultural heritage, offers a

myriad of opportunities for its own growth through the sustainable use of
its natural resources, the integral management of environmental quality,
and execution of socioeconomic activities that encourage regional and
global competitiveness. A summary of the environmental situation analy-
sis, upon which the National Environmental Policy is based, is presented
below and provides a richer description of this valuable heritage:
1. Peru, with its considerable genetic variety, vast number of species
   !  -
tems, is one of 15 countries in the world that has such an abundant
  "

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' 
 *+&/ <   <=&/
are endemic species). Furthermore, Peru harbors a number of plants
with known and usable properties (4,400 species) as well as a number
of native domesticated species (182). It is ranked second in number of
bird species (1,816 species) and third in number of amphibian species
(408 species) and mammalian species (462 species). Similarly, approxi-
$&&&
   *+&/ <  >=?  @=
cetacean species may be found in Peru. Consequently, on account of
its genetic diversity, spread throughout its 11 eco-regions, 28 of the
world’s 32 types of climate, and 87 of the world’s life zones, Peru is
considered a center of origin.

2. With close to 66 million hectares of forests, Peru is ranked ninth in

    
  <+=/     
belonging to the Amazon Rainforest. Approximately 7.6 million hectares
of land are suitable for agriculture and 17 million hectares for herding,
while 55.2 million hectares are protected land and over 18 million hec-
tares are natural protected areas. Although 12,000 lakes and ponds
may be found throughout Peru and 77,600 m3 of water per person is
available, the distribution of water resources is quite heterogeneous
       <%%/ 

4


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of the water is available. It is estimated that the national consumption
of surface water is 20 billion m3 per year.
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      !
hydrocarbon and mineral-metallurgic industries, tourism, biofuel produc-
tion, and alternative energy sources, besides other important economic
activities. Nevertheless, despite the amount of resources available to
the Nation and the various endeavors in the past few years to promote
their sustainable use, the deterioration of natural resources, loss in
biodiversity, and impact on environmental quality constitute a serious
national concern. Similarly, important challenges continue to exist such
as control on deforestation – over 10 million hectares of forest areas
   # '
4. Impact on environmental quality is due to the development of ser-
vice, production, and extraction activities along with inadequate envi-
ronmental management measures, limited environmental citizenship,
and other actions leading to the pollution of water, air, and soil. Water
quality deterioration is one of the most serious environmental issues
faced by the Nation today. One of the main causes of water pollution
is the dumping of untreated industrial and domestic wastewater. Ap-

 #K&/   < <   

400 million m3 of wastewater per year are dumped into the sea in Lima
alone. This is further aggravated by the indiscriminate use of agroche-
micals, chemicals used in the production of illegal substances, and
chemicals used in informal mining. Air pollution is another critical cha-
llenge, particularly in areas with high concentration of fleet emissions
or industrial activity. Indoor air quality is /another serious concern,
affecting many rural areas where wood, dung, and other such fuels
 !  @+/  <   

5
placed in landfills. There are six landfills in the nation, five of which
are located in Lima. Additionally, a number of informal garbage dumps
may be found across the country. Other relevant environmental issues
faced by the Nation today include the inadequate management of
hazardous industrial and urban waste and the large number of envi-
ronmental liabilities.

5. The Natural Resource and Environmental Code of 19905, was a vital

instrument which served to strengthen the legal and institutional envi-
ronmental framework, which in its beginning, was comprised of sectoral
environmental authorities and a coordinating authority - the National
Environmental Council6. Later, Natural Resource and Environmental
V  X <  Y Z  
reinforced by Environmental Units in some municipalities. Following the
enactment of the General Environmental Law in 2005, which repealed
the Natural Resource and Environmental Code of 1990, the Ministry
of Environment7 was created in 2008 incorporating the National Envi-
ronmental Council and the Natural Protected Areas Administration8,
and adhering the National Meteorological and Hydrological Service
of Peru 9, the Geophysical Institute of Peru 10, the Peruvian Amazon
Research Institute11, the Environmental Assessment and Regulatory
Organization12, and the National Protected Areas Service13 to constitute
the Environmental Sector. Today, the national legal framework is being
updated to strengthen institutional capacity building so as to enhance
the performance of national environmental organizations at all gover-
nment levels: national, regional, and local, all of which constitute the
National Environmental Management System14.

5
Código del Medio Ambiente y los Recursos Naturales de 1990
6
Consejo Nacional del Ambiente (CONAM)
7
Ministerio del Ambiente (MINAM)
8
Intendencia de Áreas Naturales Protegidas (INRENA)
9
Servicio Nacional de Meteorología e Hidrología del Perú (SENAMHI)
10
Instituto Geofísico del Perú (IGP)
11
Instituto de Investigaciones de la Amazonía Peruana (IIAP)
12
Organismo de Evaluación y Fiscalización Ambiental (OEFA)
13
Servicio Nacional de Áreas Naturales Protegidas (SERNANP)
14
Sistema Nacional de Gestión Ambiental

6
Nevertheless, challenges persist, including challenges on institutional

  
  
 
 < \   
inter-institutional coordination, decentralization, synergy among authori-
ties, the private sector, and civil society, information management, scien-
        
management tools.

6. Each citizen plays a central role in the Nation’s environmental ma-

V

  <  +?/<

-
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population lives in urban areas which have experienced an accelerated
growth with limited planning. Besides pollution, these areas suffer from
   <'   
malnutrition, and poverty.

7. Peru is a pluricultural nation with more than 14 ethnolinguistic

families and 72 ethnic groups. Aboriginal cultures are a rich source of
traditional knowledge and are an important part of the Nation’s and the
< _    ^   -
`     `

   -
tice, and non-discrimination based on race, gender or social-economic
status among others. Nevertheless, enforcement of such legislation is
weak and uneven.

8. Urban and rural poverty are another reason for Peru’s environmen-
tal degradation. This poverty exerts pressure on the environment and
its natural resources and affects human health and quality of life. The
 ` < ^_  <K?/
of the Peruvian population is concentrated, has been closely associated
to problems related to rural poverty. Such growth has led to severe en-
vironmental problems. An adequate environmental management must
    j  

 
of the standard of living of the poorest of the poor.

7
9. Recognizing the environmental potential and situation of the Nation,
^     
  <        

   
the adequate environmental management and competitiveness of the
Nation. Moreover, it actively participates in various fora on international
environmental public policy. In addition, as part of an integration strategy,
Peru has negotiated many free trade agreements which will contribute to
the economic development of the Nation.

+&^ 

< 
  -
mental services. These include its forest heritage and marine resources,
  < 
     * %&/ 
planet’s biodiversity) and genetic resources and serve as a valuable carbon
sink. What is more, the forest heritage of the Amazon alone possesses an
exceptionally high biodiversity, and houses various indigenous tribes with
valuable traditional knowledge regarding biodiversity management.

11. limate change, deforestation, loss of biodiversity, increasing water

scarcity, and the limited management of chemical substances and hazar-
dous materials are some of the most crucial global issues addressed in
the various international treaties which must be enforced from within the
Nation. Similarly, it is important to consolidate trade integration and the
homogenization of criteria and standards so as to achieve the sustainable
management of the environment and enhance trade competitiveness,
increasing in this manner access to international environmental oppor-
tunities.

8
 3. PRINCIPLES

The Environmental National Policy is based upon the principles established

in the General Environmental Law as well as in the following principles set
forth:
1. Cross-Sectoral. This feature of environmental management proposes
          
  

authorities at a national, sectoral, regional, and local level to assure
an integrated, harmonious, and synergistic process with the purpose
of optimizing results.
 
   Public actions must consider the analysis
between invested resources and expected environmental, social, and
economic returns.
  Public environmental actions must contribute to
enhancing the competitiveness of the Nation in accordance with social
and economic development as well as protection of public interests.
4. Results-Based Management. Public actions must apply the «results-
based management» approach and include incentive and penalty
mechanisms to assure the adequate achievement of expected results.
  Public actions must be based upon national legis-
lation and clear, coherent, and enduring criteria so as to assure the

      
  
administration.
  Environmental sustainability is a long term
<  
  
permanent efforts, generating incremental improvements.
! "# " Joint efforts of the public and private sec-
tors, including civil society must be encouraged so as to consolidate
     
   
the environment.

9
 4. OBJECTIVES

General Objective

In accordance with article 9º of Law Nº 28611, General Environmental Law,

   | ^   !
of human life, guarantee the long term existence of healthy, viable and
functional ecosystems, and assure the sustainable development of Peru
through the prevention of adverse effects and protection and restoration
of the environment and its components, and conservation and sustaina-
     \     <
fundamental human rights.


 

1. Achieve the conservation and sustainable use of Peru’s national heri-

<! <
 `
management of its natural resources.

2. Assure an adequate environmental quality for human health and integral

human development by preventing impact on ecosystems, restoring
degraded environments, and promoting an integrated management of
  '  <  }
  

3. Consolidate environmental governance and the National Environmental

Administration System15 under the Ministry of Environment, linking
and integrating environmental cross-sectoral actions.

4. Attain a high level of public awareness and environmental culture in

Peru, with active citizen participation, which is both informed and aware
of decision-making processes with regard to sustainable development.

% V 

 }
 

private sectors, promoting national and international economic and
environmental opportunities and potentials.

10
 5. KEY POLICIES

The National Environmental Policy is enforceable at all government levels:

national, regional, and local. Additionally, it serves as a guide for the private
sector and civil society. This Policy is based upon Four Key Policies essen-
tial for environmental management, each with its own set of guidelines to
achieve the sustainable development of Peru:

Key Policy 1 Conservation and Sustainable Use of Natural

Resources and Biodiversity

Key Policy 2 Integral Management of Environmental Quality

Key Policy 3 Environmental Governance

Key Policy 4 International Environmental Commitments and

Opportunities

11
KEY POLICY 1

CONSERVATION AND
SUSTAINABLE USE
OF NATURAL RESOURCES
AND BIODIVERSITY

12

Foto: Otorongo o Jaguar, Anibal Salimano/PROMPERU


 

1. Conserve and use, in a sustainable manner, the biodiversity and re-

newable and non-renewable natural resources of Peru.

2. Establish adequate conditions for the controlled access and use of

   < !    

3. Achieve the integrated management of Peru’s water resources.

4. Assure mechanisms for the responsible and safe use of biotechnology

and its derived products.

5. Attain the rational use and occupation of the national territory through
|  |  € <  
prevention framework.

6. Achieve an integrated and sustainable management of fragile ecosys-

tems, including tropical rainforests.

7. Achieve adaptation of population to climate change and establish mi-

tigation measures aimed toward sustainable development.

8. Achieve the conservation, sustainable use, and equitable share of be-

     ' 
resources.

J V

     }
truments for the conservation of Peru’s natural resources, biodiversity,
and environmental services.

10.Guarantee the protection of human health, the environment, and

biodiversity during the development, use and application of modern
biotechnological goods and services in Peru.

13
 1. BIODIVERSITY



a) Promote the conservation of ecosystems, species, and genetic resource

diversity, as well as maintenance of essential ecological processes upon
which the survival of various species depends on.

b) Promote the application of an ecosystem approach and sustainable bio-

diversity management as a cross-cutting element within the integrated
plans on natural resources, basins, and land-use planning management.

c) Encourage the integrated and sustainable management of aquatic

and marine-coastal ecosystems so as to prevent the overexploitation
of water resources, assuring its conservation.

d) Promote the design and implementation of strategies for sustainable

biodiversity management, including the development of public-private
alliances under connectivity and complementarity criteria.

e) Promote the implementation of mechanisms for risk management and

assessment for extractive, productive, and service activities related to
biodiversity.

f) Encourage respect, recovery, and conservation of traditional knowledge

    < !    
derived from its use.

g) Promote the use of bio-commerce practices, promoting the establish-

ment of sustainable productive chains.

h) Promote biodiversity research to monitor its conservation and sustai-

nable management.

14
 2. GENETIC RESOURCES



a) Promote the conservation of native and naturalized genetic resources

as well as encourage its research, development, and sustainable use
to enhance the competitiveness of sectors and productive activities.

b) Encourage in-situ conservation of genetic resources as well as develop,

promote, and promote alternatives to ex-situ conservation.

> ^      

       
zones throughout the national territory, declaring each free of genetic
  

d) Encourage development of biotechnology, prioritizing the use of native

and naturalized genetic resources.

e) Strategically promote access and use of non-native genetic resources

with important economic value to Peru.

f) Promote an active participation of the public and private sector, both

nationally and internationally, as well as strategic alliances in research,
conservation, and use of genetic resources under current national
legislation.

g) Promote the use of intellectual property protection mechanisms to pro-

  ' <   

15
 3. BIOSAFETY



a) Establish mechanisms to regulate all activities involving the use of living

     < 
     
    
   < 
parameters.

b) Identify applications of modern biotechnology and evaluate their per-



    


    
productive processes or in the generation of services, both which should
be carried out in an innocuous, competitive, and sustainable manner.

> ^  
       < 

to established competitive and sustainable productive processes, and
assure that goods and products are appropriated and appropriable.

d) Construct and develop regulatory systems based on the application of


  '  
 
innocuity and traceability of goods and/or services obtained through
the application of modern biotechnology, responding to consumer de-
mands and our status as a megadiverse Nation, and with a continuous
technological development focus.

> |        


for a biosafety system as well as for the responsible use of biotechnology,
applying safety measures compatible with national foreign trade policy
and promotion of local and national innovation.

16
f) Generate, use, and disseminate quality information regarding biosafety,
thus contributing to responsible decision-making between suppliers and
users and thereby assuring an adequate and informed public opinion.

> Z        
capacities as well as institutional infrastructure involved in modern
biotechnology regulation facilitating, in this manner, the implementation
of national and international biosafety legal frameworks.

4. USE OF NATURAL RESOURCES



a) Promote adoption of codes of conduct, development of environmental

and social standards, and implementation of voluntary rules and re-
gulations by part of rights owners for the sustainable use of renewable
natural resources and the responsible and rational use of non-renewable
resources in accordance with continuous improvement criteria.

b) Promote the formalization of informal activities related to the use of

natural resources.

c) Promote technological innovation, applied research, and clean techno-

logies in the use of natural resources.

17
d) Promote adoption of good practices and social responsibility initiatives
in companies and rights owners of natural resources.

e) Establish inter-institutional coordination mechanisms for the compatible

allocation of natural resource usage rights.

f) Promote organic and ecological agriculture, agroforestry, and aqua-

culture in accordance with bio-commerce criteria, while promoting the
   
  

   
communities.

g) Encourage economic valuation of environmental services provided

by biodiversity, particularly fragile ecosystems, including tropical ra-
inforests, for the prevention of adverse effects and restoration of the
environment.

> ^       

       
instruments, economic compensation and retribution systems, and a
system for the distribution of payment for environmental services.

i) Encourage the application of adequate methodologies for the valuation

of natural resources, biodiversity, and their respective environmental
services, as well as integrate and incorporate the results into the System
of National Accounts.

> |      

 
for the use of natural resources assuring in this way harmonized deci-
sion-making with regard to the Nation’s natural and cultural heritage,
the National System of Natural Protected Areas, other like areas, and
the intrinsic rights of indigenous people.

18
 5. MINING AND ENERGY



a) Enhance environmental and social standards in mining and energy

activities with agreed upon and transparent codes and prescripts of
conduct and verify the enforcement of these codes and prescripts.

b) Promote the formalization of informal mining, thus improving its envi-

ronmental management and facilitating its effective control.

c) Promote business social responsibility in mining and energy activities so

as to enhance relationships between companies and local communities,
    

d) Encourage the use of clean technologies in mining and energy activities

to minimize risks and adverse impacts on the environment.

e) Assure transparent public consultation processes in an opportune

manner previous to granting exploration and exploitation rights.

f) Promote investment, development, and use of biofuels, renewable

                
fossil fuels so as to reduce carbon emissions within a new energy matrix
framework.

> |        

economic incentives, and transparent information systems.

19
 6. FORESTS



a) Promote sustainable and integrated forest management, taking into

account the unique features of the ecosystems found in each natural
region of the Nation.

b) Prevent the reduction and degradation of forests and their resources,

resulting from illegal logging, slashing, burning, trade, and land-use
change.

c) Conserve and increase the coverage of wooded areas, thus increasing

biodiversity and environmental services, and enhancing the productive
capacities of the ecosystems.

d) Prioritize the integral use of forest resources, supporting initiatives

regarding timber-yielding and non timber-yielding resources, wildlife,
and environmental services.

e) Promote reforestation of degraded areas with native timber-yielding

species, those with greater potential to provide environmental services
as well as those with economic potential to contribute to the develop-
ment and promotion of public and private investment.

f) Strengthen and incorporate community and citizen watch mechanisms

in monitoring and control strategies of forest rights.

g) Execute actions to avoid deforestation of natural forests and the use

of invasive exotic species to reforest such forests, promoting in this
manner reforestation with native species.

20
 7. MARINE-COASTAL ECOSYSTEMS



a) Strengthen the integrated management of marine-coastal zones and

their resources using an ecosystem approach.

b) Promote the sustainable use and conservation of biodiversity in marine-

     <

      

c) Protect fragile ecosystems such as wetlands and basins in the coastal

region.

d) Promote research regarding marine-coastal ecosystems, using adequate

technologies.

e) Promote regulations on marine-coastal zones for the sustainable use

of their resources through Ecological and Economic Zoning.

f) Promote the sustainable use of marine resources as well as monitoring,

and surveillance of territorial coastal water pollution resulting from
dumping of wastes, giving priority to those areas closest to the coast.

8. BASINS, WATER, AND SOIL



a) Promote the integrated management of basins using an ecosystem

approach for the sustainable management of water resources in ac-
cordance with land-use and Ecological and Economic Zoning policies.

21
b) Promote development of standards for the evaluation and monitoring
of the use of water resources, taking into account the unique features
of the distinct regions of the national territory.

> ]     <  


criteria and adequate retribution for their use in accordance with current
national legislation.

d) Promote the national description, evaluation, and registry of soils and

land.

>   ' << 


with the sustainable management of soil and water.

> ^    <

      
thereby mitigating their adverse effects and/or restoring said areas.

9. CLIMATE CHANGE MITIGATION

AND ADAPTATION


a) Encourage implementation of climate change mitigation and adaptation

measures, especially focusing on prevention and taking into account
the unique features of the various regions of the Nation, with emphasis
on the current state and proactive adaptation of rural communities and
indigenous people.

22
b) Establish monitoring, early alerts, and opportune response systems to
adequately face natural disasters associated with climate change and
prioritize the most vulnerable populations.

c) Encourage forestry, solid waste management, sanitation, use of re-

<   
      
of the adverse effects of climate change.

d) Guide climate change mitigation and adaptation processes, dissemi-

nating their outcomes as well as providing training to the various social
stakeholders so they may organize themselves accordingly.

e) Promote the use of adequate and appropriate technologies for climate

change adaptation and mitigation of greenhouse gases and atmosphe-
ric pollution.

10. SUSTAINABLE DEVELOPMENT

OF THE AMAZON


a) Promote the integrated management of watersheds, apply better tech-

   
     
and sustainable techniques.

b) Promote research and use of clean technologies in mining-energy ac-

tivities carried out in the Amazon.

23
c) Promote conservation and sustainable use of the Amazon, acknowled-
ging its variability, complexity, frailty, and geostrategic location.

d) Restore zones degraded by informal mining and environmental liabilities

as well as the cultivation of coca, production of illegal substances, and
  '

e) Protect primary Amazon Rainforest and gradually minimize logging,

slashing, and burning for agricultural and livestock purposes through
the development of alternate productive uses of the rainforest, including
eco-tourism, forest management, and other activities.

f) Promote the adequate management of secondary forests suitable for

cultivation programs of species with high economic potential.

> ^  
 
         
with minimum or no human intervention and setting economic values
to their ecosystems and services.

h) Establish a system of accounts for the natural heritage of the Amazon

as well as economic valuation methodologies so as to recognize the
many contributions to the national economy that the Amazon provides
through its environmental services and non-timber products.

i) Promote the valuation and recovery of traditional knowledge of indige-

  

 !    
from its use.

> ^  
  }  
 <
Amazon nations for the integrated management of resources and
transboundary affairs.

24
k) Strengthen the Peruvian Amazon Research Institute as the governing
institute with regard to research and the continuous evaluation of the
Amazon’s natural resources and as an important support to the sus-
tainable development of the region.

11. LAND-USE PLANNING



a) Promote national Land-Use Planning and Ecological and Economic

Zoning to support the conservation and sustainable use of natural
resources and biodiversity, as well as the rational occupation of the
land.

b) Incorporate risk analysis of natural and human environments and cli-

mate change adaptation measures within Land-Use processes.

c) Promote the implementation of mechanisms to prevent human sett-

lements and the development of social and economic activities in
 '`  <
 ` 

d) Promote Land-Use Planning, the basis for concerted development

plans and border development in the management of watersheds and
marine-coastal zones.

25
KEY POLICY 2

INTEGRAL MANAGEMENT
OF ENVIRONMENTAL QUALITY

Foto: Yoli Soto

26

 

1. Achieve the sustainable management of productive, extractive, trans-

formation, trade, and service activities so as to assure an adequate
environmental quality for the Nation.

$ ‚
     
   
      -
ronmental impacts originating from natural or human activities.

= Y  

    
of both public and private sectors, in accordance with their competen-
cies and responsibilities.

H  
 }  '  
in the actions of the public and private sectors.

5. Achieve effective control of pollution sources and those responsible for

generating pollution, establishing tools and mechanisms for environ-
mental surveillance, evaluation, and regulation.

27
 1. INTEGRATED CONTROL
OF POLLUTION


a) Integrate pollution control tools and mechanisms in accordance with

 }   
       
 -
ment criteria.
b) Determine pollution parameters for the control and maintenance of
< !'  
  #
mobile sources.
c) Execute actions to restore water, air, and soil quality in areas affected
by environmental liabilities.
d) Establish indicators, parameters, and procedures to evaluate the
    !        

  
improvements.
> ]  
      
of Environmental Impact Assessment and reinforce the application of
a Strategic Environmental Assessment.
f) Promote private investment in productive processes which use clean
technologies and materials and in the development of alternatives to
polluting industrial processes.
> ^   }< 
    

private entities and at all levels of public administration (national, re-
gional, and local).
h) Promote the adoption of suitable environmental management mea-
sures for the development of small business activities and reinforce
formalization of unauthorized business activities.
i) Incorporate environmental health and risk control criteria in decision-
making and operative processes related to pollution control.

28
> ‚  
        
generation of adverse environmental impacts and risks to human health.

2. WATER QUALITY


a) Promote adequate water quality in all bodies of water within the national
territory in accordance with standards set to prevent risks to human
health and the environment.

b) Identify, monitor, and control main emission sources of wastewater

and prioritize basins supplying water to urban centers and, to that end,
integrate the roles and responsibilities of each of the three government
levels.

> ^     ' <

 
measures and the adverse effects of water pollution on human health,
ecosystems, and natural resources.

d) Extend coverage and enhance the quality of basic sanitation services.

e) Promote investment in basic sanitation infrastructure as well as infras-

tructure for the treatment and reuse of wastewater.

f) Disseminate sanitary practices for domestic water management and

     
 `
    

g) Promote the rehabilitation of water sources and bodies affected by

pollution.

29
h) Apply economic instruments and incentives to avoid source water po-
llution.

> |  <             
basin and source management as payment for environmental services.

3. AIR QUALITY


a) Establish measures to prevent and mitigate adverse impacts of air

pollution on human health.

b) Implement emergency alert and prevention systems related to air

pollution, prioritizing zones with a greater percentage of its population
exposed to critical pollutants.

> |  `     

  
use of transport and fuel which may contribute to reducing the level of
atmospheric pollution.

d) Identify and modify inadequate operative and common practices which

have an adverse impact on air quality.

e) Promote technical and legal mechanisms for surveillance and control

of noise pollution and non-ionizing radiation.

30
 4. SOLID WASTE



a) Strengthen regional and local government management of municipal

solid wastes, prioritizing the reuse of these wastes.

b) Promote measures to improve the collection of municipal fees, such as

     
 
waste services.

c) Promote national environmental education and awareness raising

campaigns in order to improve behaviors related to street litter, sorting,
reuse and recycling practices, the reduction of waste, and to foster
<  
   
  
wastes.

> Y 
 
   
     
  
<   
    <
development of infrastructure, and closure of illegal garbage dumps
and other such facilities.

e) Develop and promote the adoption of adequate solid waste management

models adapted to densely populated areas.

f) Reinforce formalization of informal waste sorting and recycling activities

as well as other activities related to solid waste management.

g) Promote adequate municipal hazardous waste management through

the coordinated action of the municipalities and the respective sectoral
authorities.

h) Assure that non-municipal solid waste generators adequately use

infrastructure, facilities, and practices established for non-municipal
solid waste management.

31
i) Reinforce reduction in waste generation, effective waste management,

 `  <    
of adequate facilities and systems.

5. CHEMICAL SUBSTANCES AND

HAZARDOUS MATERIALS


a) Establish and/or strengthen authorization, surveillance, and control

mechanisms related to the life cycle of chemical substances and
hazardous materials, assuring systematic and up-to-date information
regarding activities involving these substances and materials.

b) Reinforce prevention and control of environmental risks associated with

 
    
hazardous materials.

> V   !

 
substances and hazardous materials.

d) Disseminate best practices regarding chemical substances and hazar-

dous material management as well as reinforce the adoption of control
 ' 


e) Assure the inclusion of health and fragile ecosystem protection criteria

in the establishment, monitoring, and control of contingency plans
for the use and management of chemical substances and hazardous
materials.

32
f) Manage potential health and environmental risks in the use of chemi-
cal substances and hazardous materials, particularly among persons
potentially exposed to these substances and materials.

6. QUALITY OF LIFE IN
URBAN ENVIRONMENTS


a) Promote the sustainable development of cities and other populated

areas through awareness raising, control, and conservation actions
regarding environmental quality, adequate urban planning, and proper
management of healthy environments.

b) Strengthen regional and local environmental management focused on

 }     <  
guaranteeing adequate environmental quality in all populated areas.

c) Promote basic sanitation and solid waste management actions which

assure an adequate environmental quality of populated areas, parti-
cularly those which are tourist destinations.

d) Establish regulations to effectively control noise pollution.

e) Conserve and extend urban green areas so as to enhance air quality

and increase the number of cultural and recreational areas.

f) Promote adequate land-use planning so as to avoid improper land use

resulting from population growth.

33
KEY POLICY 3

ENVIRONMENTAL
GOVERNANCE

Foto: Yoli Soto

34

 

1. Position environmental issues in State decisions, integrate national

capacities, create synergies, and promote active citizen participation.

$ V   | 

Administration System at all three government levels, under the gover-
nance of the Ministry of Environment.

3. Construct new production modes and lifestyles based on the principles

        

1. INSTITUTIONALITY



a) Consolidate the role of the environmental authority to contribute to the

sustainable development of the Nation.

b) Strengthen the National Environmental Administration System and the

coordination and cooperation of its agencies.

c) Promote a national environmental legal framework in harmony and

agreement with the existing environmental situation analysis, national
priorities, and vision for the Nation’s growth.

d) Promote differentiated and complementary competencies among en-

vironmental institutions at all three governmental levels.

35
e) Strengthen capacities for adequate environmental management and
for the design and application of its corresponding instruments, inclu-


           
participative, and regulatory, among others.

f) Encourage creativity, research, and technological environmental inno-

vation committed to the sustainable development and lifestyles of the
various actors in society.

> |  

!      
      
 -
mise.

h) Promote surveillance, monitoring, supervision, and regulatory actions

as well as incentives to enable enforcement of national legislation and
    

i) Encourage cooperation alliances and agreements between the pu-

blic and private sector, as well as promote private investment for the
#  
  
        
environmental management.

2. ENVIRONMENTAL CULTURE,
EDUCATION, AND CITIZENSHIP


a) Encourage cultures and lifestyles compatible with the principles of

sustainability, humanism, and Andean-Amazonian values, deploying
Peru’s creative capacity towards the sustainable and responsible use
of natural and cultural diversity.

36
b) Include within the national educational system the development of
competencies such as research, innovation, entrepreneurship, parti-

  } `
    
sustainably and responsibly manage our national heritage.

c) Encourage social and environmental responsibility as well as eco-


     
promote citizen participation in all public decision-making processes
regarding environmental protection.

3. SOCIAL INCLUSION IN
ENVIRONMENTAL MANAGEMENT


> | 


`

 
in environmental management processes, particularly the direct parti-
cipation of minority and vulnerable groups.

b) Promote the adoption of mechanisms to evaluate and value gender

and intercultural approaches as well as the interests of minority and
vulnerable groups in environmental management processes.

c) Encourage the creation of adequate spaces for citizen participation,

using tools and other means to effectively facilitate the participation
of populations with special needs, in environmental management pro-
cesses.

d) Encourage the participation of women and youth in environmental ma-

nagement processes so they may be part of an effective environmental
citizenship.

37
KEY POLICY 4

INTERNATIONAL
ENVIRONMENTAL
COMMITMENTS AND
OPPORTUNITIES

38

 

1. Assure that our national environmental positions in international fora

   -
nal interests, thus better directing national decisions in such fora and
treaty negotiations.

$ V 

<   
^     -
ble use of renewable natural resources and the rational and responsible
use on non-renewable natural resources.

3. Achieve the homogenization of environmental criteria and standards

with national foreign trade policies in trade integration processes so as
to enhance environmental management, competitiveness, protection
of natural resources, and quality of life of the population.

39
 1. INTERNATIONAL
COMMITMENTS


a) Promote coordinated action at all three government levels with regard

to current and future international commitments signed by Peru.

b) Strengthen Peru’s negotiating capacity to guarantee its leadership in

global events and safeguard national interests with regard to environ-
mental management and natural resources.

c) Encourage access to technical assistance, technology transfer, and

       

to international environmental conventions and treaties.

d) Contribute to the establishment, development, and promotion of inter-

national environmental law.

e) Consolidate at an international level, negotiation, cooperation, and

integration processes associated with the geostrategic position and
environmental comparative advantage of the Nation in accordance with
national foreign affairs and foreign trade policies.

40
 2. ENVIRONMENT, TRADE,
AND COMPETITIVENESS


a) Encourage Peru’s environmental competitiveness and promote private

investment for the development of bio-business, in accordance with
 }   
for export goods.

b) Promote initiatives and mechanisms aimed to guarantee a fair and

!     } 

> ƒ  } ! 

 
business management activities.

41
 6. COMPLIANCE STANDARDS
For the adequate monitoring of the National Environmental Policy, natio-
nal, regional, and local government authorities must establish concrete
goals and performance indicators, in accordance with their multiannual
programs, investment strategy, and associated social expenditures, as well
        < 
   

   <
    
These enforceable national standards include:

  

Record and periodically disseminate information regarding environmen-

tal management tools that have been approved.

! "##$%# &

Maintain a record of the number of environmental quality control faci-

lities established throughout sectors, regions, and municipalities.

' " ()

Maintain a record of the number and results of incentive, promotion,

supervision, monitoring, evaluation, regulatory, and sanction actions
which have been carried out to enhance, restore, and protect environ-
mental quality and natural resources.

4. Citizen Participation

Maintain a record of citizen participation processes promoted by each

government authority and the mechanisms used.

42
 Decreto Supremo
Nº 2009-MINAM
APRUEBA LA POLÍTICA NACIONAL DEL AMBIENTE

EL PRESIDENTE DE LA REPÚBLICA

CONSIDERANDO:

Que, el artículo 67º de la Constitución Política del Perú establece que el Estado
determina la Política Nacional del Ambiente;

Que, el numeral 1 del artículo 4º de la Ley Nº 29158, Ley Orgánica del Poder
Ejecutivo, establece que dicho estamento tiene entre sus competencias exclusivas diseñar y
supervisar políticas nacionales, las mismas que se aprueban por Decreto Supremo con el
voto aprobatorio del Consejo de Ministros;

Que, asimismo, conforme con el mismo numeral, para la formulación de las Políticas
Nacionales el Poder Ejecutivo debe establecer mecanismos de coordinación con los
gobiernos regionales, gobiernos locales y otras entidades, según requiera o corresponda a
la naturaleza de cada política;

Que, conforme con el numeral 8.1 del artículo 8º de la Ley Nº 28611, Ley General del
Ambiente, la Política Nacional del Ambiente constituye el conjunto de lineamientos,

      
 
orientar el accionar de las entidades del Gobierno Nacional, Regional y Local, del sector
privado y de la sociedad civil, en materia ambiental;

Que, el literal a) del numeral 6.1 del artículo 6º del Decreto Legislativo Nº 1013, Ley
de Creación, Organización y Funciones del Ministerio del Ambiente – MINAM, prevé como
                 
  
   
 

coordinar, ejecutar, supervisar y evaluar la Política Nacional del Ambiente;

Que, el MINAM ha elaborado la propuesta de Política Nacional del Ambiente, la cual

fue sometida a consulta pública mediante publicación efectuada en su portal institucional el
día 06 de marzo del 2009, conforme con la Resolución Ministerial Nº 049-2009-MINAM;

Que, asimismo, la propuesta en mención ha sido materia de talleres realizados en las

ciudades de Lima, Arequipa, Iquitos, Piura y Huancayo, en los que participaron funcionarios
públicos de los niveles nacional, regional y local, representantes de los colegios
profesionales, así como diversos agentes e instancias de la sociedad civil y entes de

43
 Cooperación Internacional, habiéndose recibido comentarios y observaciones que han sido
debidamente merituados;

De conformidad con lo dispuesto en el numeral 8 del artículo 118º de la Constitución

Política del Perú, y el numeral 3 del artículo 11º de la Ley Nº 29158, Ley Orgánica del Poder
Ejecutivo; y,

Con el voto aprobatorio del Consejo de Ministros;

DECRETA:

Artículo 1º.- Aprobación de la Política Nacional del Ambiente

Aprobar la ”Política Nacional del Ambiente” cuyo texto en anexo forma parte
integrante del presente Decreto Supremo.

Artículo 2º.- Desarrollo, dirección, supervisión y ejecución

El Ministerio del Ambiente es el encargado de formular, planear, dirigir, coordinar,
ejecutar, supervisar y evaluar la Política Nacional del Ambiente que se aprueba por el
artículo precedente, así como de aprobar los planes, programas y normatividad que se
requiera para el cumplimiento de la misma.

Artículo 3º.- Publicación

                  !
Peruano; asimismo, publíquese en la misma fecha en el Portal del Estado Peruano
(www.peru.gob.pe) y en el Portal del Ministerio del Ambiente (www.minam.gob.pe), la
Política Nacional del Ambiente que se aprueba por el artículo 1º que antecede.

Artículo 4º.- Refrendo

El presente Decreto Supremo será refrendado por el Ministro del Ambiente.

Dado en la Casa de Gobierno, a los días del mes de

del año dos mil nueve.

44
Av. Javier Prado Oeste 1440 - San Isidro
www.minam.gob.pe