7227 of April 22, 1991, article 12; -United Nations Framework Convention on Climate Change and its annexes, signed in New York on May 9, 1992, Law No. 7414 of June 13, 1994, article 4 subsection f); Convention on Biological Diversity and its annexes I and II, signed in Rio de Janeiro, Brazil, on June 13, 1992, Law No. 7416 of June 30, 1994, article 14 subsection a); Convention for the Conservation of Biodiversity and Protection of Priority Wilderness Areas in Central America, signed in Managua on June 5, 1992, Law No. 7433 of September 14, 1994, article 30; Inter-American Convention for the Protection and Conservation of Sea Turtles, signed on January 31, 1997, Law No. 7906 of September 24, 1999, article VIII subsection b); Law for the Creation of the National Parks Service and its reforms, Law No. 6048 of August 17, 1977; Mining Code, Law No. 6797 of October 4, 1982, published in La Gaceta No. 230 of December 3, 1984 and its reform Law No. 8246 of April 24, 2002; Law authorizing Autonomous or Parallel Electrical Generation and its reforms, Law No. 7200 of September 28, 1990; Wildlife Conservation Law and its reforms, Law No. 7317 of October 21, 1992 and its reforms; Hydrocarbons Law and its reforms, Law No. 7399 of May 3, 1994; Administrative Procurement Law, Law No. 7494 of May 2, 1995; Organic Environmental Law, Law No. 7554 of October 4, 1995; Forest Law (Ley Forestal) and its reforms, Law No. 7575 of February 5, 1996 and its reforms; Law of the Regulatory Authority for Public Services, Law No. 7593 of August 9, 1996; Law for the Concession and Operation of Tourist Marinas, Law No. 7744 of December 19, 1997; General Law on Concession of Public Works with Public Service and its reforms, Law No. 7762 of April 14, 1998; Biodiversity Law, Law No. 7788 of April 30, 1998; Law on the Use, Management, and Conservation of Soils, Law No. 7779 of April 30, 1998; National Emergency Law, Law No. 7914 of September 28, 1999; Law for the Protection of Citizens from Excessive Administrative Procedures and Requirements, No. 8220 of March 4, 2002; Law on Strengthening Small and Medium-Sized Enterprises, Law No. 8262 of May 2, 2002; Law of the National System for Quality, Law No. 8279 of May 2, 2002; General Law on Internal Control, Law No. 8292 of July 31, 2002; and
I.That by Decree No. 41213-MINAE of July 10, 2018, "Creation of the Commission for the Attention and Transformation of the National Environmental Technical Secretariat (SETENA)," the Commission for the Attention and Transformation of SETENA was created with the objective of promoting the transformation of the Secretariat, through various measures and actions aimed at streamlining Environmental Impact Assessment processes, which directly affect the national economy. A
II.That in the seventh minute of January 17, 2019, of the Commission for the Attention and Transformation of SETENA, agreement two of point two expressly indicated: "To request the Minister of Environment and Energy to make a regulatory modification that explicitly authorizes SETENA to recover the management of Category C permits (Low Potential Environmental Impact) as a Registration operation for the Activity, Work, or Project and that, in accordance with the current decree, obliges and enables the administration to resolve this process within 10 business days."
III.That it is required to have mechanisms that streamline management without undermining the primary purpose of the institution, in order to harmonize productive processes with the environment.
IV.That it is required to implement the tools that allow migrating to a digital services platform within SETENA that enables traceability of processes in order to comply with the principles of institutional transparency and publicity.
V.That in compliance with the recommendation of the Commission for the Attention and Transformation of SETENA, the necessary regulatory changes are being made aimed at fulfilling that recommendation.
VI.That the present reform seeks to expedite procedures at SETENA and promote the use of mechanisms such as the sworn statement (declaración jurada) and digital signature, in attention to the provisions of Executive Decree (Decreto Ejecutivo) No. 41795-MP-MEIC of June 19, 2019.
VII.That in accordance with article 12 of Executive Decree (Decreto Ejecutivo) No. 37045-MP-MEIC, "Regulation to the Law for the Protection of Citizens from Excessive Requirements and Administrative Procedures," added by Executive Decree (Decreto Ejecutivo) No. 38898-MP-MEIC,
article 12 bis, and, by virtue of the fact that this legal instrument does not contain procedures, requirements, or obligations that harm the administered party, it is exempted from the cost-benefit evaluation procedure of the Directorate of Regulatory Improvement of the Ministry of Economy, Industry, and Trade. Therefore, They Decree:
"REFORM TO