32631-MINAE of May 2, 2005, published in La Gaceta No. 179 of September 19, 2005, is hereby modified so that henceforth it shall read as follows:
"…Article 6º—The attributions and duties of the Commission are:
1. To contribute with SETENA, in its capacity as an Advisory Commission, in decision-making obtained through consensus regarding the design, discussion, and dissemination of the technical instruments for the efficient execution of the Environmental Impact Assessment (EIA) process.
2. To issue the technical recommendations on the development, application, and modernization of the EIA technical instruments that are requested by the Plenary Commission of SETENA.
3. To carry out the necessary reviews and investigations on the use of the EIA instruments in order to determine their degree of applicability and functionality, as well as the arbitrary decisions, subjectivities, or potential jurisdictional conflicts with other regulations and, if necessary, the adjustments required to optimize their application and use.
4. To serve as support for SETENA or other related State bodies, in the capacity of a consultative entity with broad participation, in the analysis, review, and validation, if necessary, of technical instruments related to environmental management and territorial planning (ordenamiento territorial), in order to promote that the mechanism of integrating the environmental variable is included in an appropriate manner and complying with the requirements established in current legislation.
5. To recommend to SETENA the changes it deems necessary for the good functioning and operation of said Technical Secretariat, regarding the organizational development and functionality of the processes it executes in order to respond to the needs for efficiency and effectiveness demanded by the EIA system, in accordance with the specific, viable, and functional standards that environmental conservation requires, all oriented towards sustainable development.
In the exercise of its functions and by virtue of not generating contradictions with respect to Law No. 8422 and its amendments, the Mixed Commission shall not participate or intervene in any way in the work carried out by SETENA in the area of executing its environmental impact assessment functions for specific activities, works, or projects or for development plans or programs within the framework of the strategic environmental assessment. Within the meetings of the Mixed Commission, it is forbidden to discuss, present, or become aware of any type of EIA instrument for an activity, work, or project that is in process at SETENA regarding its environmental viability (licencia ambiental) or its corresponding Environmental Management process. The issue of SETENA's functionality and the EIA instrument shall be discussed, within the Mixed Commission, preferably based on statistical figures and general data so that no conflict of responsibility arises at any time among its members, given the fact that one or some of these could also be acting as active environmental consultants for the EIA process carried out by SETENA. However, historical data may be examined from specific projects that already obtained their environmental viability or were subject to some EIA instrument in the past, and which, because said procedure has concluded, the activities, works, or projects already have environmental viability and therefore do not generate or motivate any conflict of interest between the different related parties. This is for the purpose of making the necessary adjustments to the EIA tools, their procedures (trámites), processes, and requirements, based on the situations presented in the implementation of the same…".
The rest of the articles of the aforementioned Executive Decree No. 32631-MINAE remain unchanged.