LAW 139 1994
Official Gazette No. 41,401., Of June 22, 1994
Whereby the forest incentive certificate is created and other provisions are dictated
summary Effective notes
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. CREATION. In carrying out the duties assigned to the State by Articles 79 and 80 of the Constitution, believe the Forestry Incentive Certificate, CIF, as a state recognition to the positive externalities of reforestation in both environmental and social benefits are appropriated by the whole population. Its purpose is to promote the realization of direct investments in new protective forest plantations character-producer on land suitable for forestry. They can access this natural or legal persons of private, district decentralized entities municipal or whose purpose is the provision of public services of water and sewage and territorial entities, by contract * held for this purpose with appropriate entities for the administration and management of renewable natural resources and the environment, commitment to fulfill Establishment Plan and Forest management, under the terms and conditions set forth in this Law.
Term Notes Article 2.
. The policy of forest crops for commercial purposes, of introduced or native, shall be determined by the Ministry of Agriculture based on the National Environmental Policy and Renewable Natural Resources established by the environmental authority.
ARTICLE 3. NATURE. The Forestry Incentive Certificate (CIF), is the document issued by the competent authority for the administration and management of renewable natural resources and the environment which entitles the recipient to get directly to the time of filing person, by one time and dates, terms and conditions specifically determined, the sums of money that are set under the following article, by the bank that has been authorized for the purpose by Finagro. The Certificate is personal and non-negotiable, unless the incentive is constituted as collateral for the payment of a loan to finance productive projects forestry and / or forest grazing, according to the regulations for the purpose by the national government.
PARÁGRAFO. When the object is CIF reforestation for commercial purposes, it will be awarded by the Ministry of Agriculture and Rural Development in accordance with the provisions of Article 75 of the 1328 Act, 2009. Effective Notes
ARTICLE 4. AMOUNT. The Forestry Incentive Certificate will amount to:
a) Seventy-five percent (75%) of total net costs of establishing plantations with native species, or fifty percent (50%) of the corresponding plantations introduced species, as long as the case of plantations with higher densities than 1000 trees per hectare. When the density is below this figure, without being less than fifty trees per hectare, the value is determined by proportional tree.
B) Fifty percent (50%) of total net maintenance costs incurred from the second year until the fifth year after planting carried out, whatever the type of species.
C) Seventy-five percent (75%) of the total costs incurred during the first five years for the maintenance of natural forest areas that are within a plan of establishment and forest management. PARAGRAPH 1.
. For the purposes of this article, the Ministry of Agriculture will determine which tree species are considered native or introduced, and mark the October 31 of each year the national average value of total net costs of establishment and maintenance of them and fix the incentive per tree, for which it may take into account regional differences and the advice from businesses and unions of the national forestry sector. When the Ministry does not point to such securities on the date indicated, shall govern those for the previous year, increased by a percentage equal to the increase in the producer price index for the respective annual period. PARAGRAPH 2.
. For the purposes of this Act, those introduced species that have proven their ability to populate and maintain regular soil and waters can be classified as indigenous.
The 5th ITEM. CONDITIONS FOR THE GRANTING. They are conditions for granting Forestal Incentive Certificates the following:
1. Approval of a Plan and Forest Management Establishment, by the competent authority for the administration and management of renewable natural resources and the environment.
2. Show that plantations will be made on forest fitness, meaning those areas determined for the purpose the competent authority for the administration and management of renewable natural resources and the environment, which may take as a basis the indicative map zoning of forest areas prepared by the Codazzi, IGAC.
3. Proof that the soil in which new plantings will not meet, or have been in the past five years, with natural forests, according to the evidentiary systems that set the rules.
4. Submit documents certifying that the beneficiary of the incentive is owned or leased land on which will make planting. In the case of a tenant, the respective contract must include the subject matter hereof development Establishment Plan and Forest Management to be resubmitted for approval, and its term shall be equal to the need for compliance with the Plan. Once awarded the Forestry Incentive Certificate, the term of the lease may not be terminated by the person or persons who happen to any title, the owner who has held.
5. Authorization issued by Finagro, at the request of the competent authority for the administration and management of renewable natural resources and the environment, for the issuance of certificate of forest incentive, in which you must set the amount and other conditions thereof.
6. Conclusion of a contract * between the beneficiary of Forestry Incentive Certificate and the competent authority for the administration and management of renewable natural resources and the environment, which, in addition, the compliance obligations of the Establishment Plan and Forest Management , fines and other financial penalties that may be imposed to the beneficiary in case of partial or total breach of their contractual obligations and guarantees considered necessary, without prejudice to any other mandatory or optional clauses under Decree 222 of 1983 be agreed or the laws that replace, modify or amend. It will be agreed in the contract as a result of breach thereof declared by the respective entity may demand full or partial refund, as appropriate, of the amounts received on the basis of the Certificate granted.
PARÁGRAFO. Evaluation, field verification, monitoring and control of the Establishment Plan and Forest Management and the contract *, correspond to the respective competent authority for the administration and management of renewable natural resources and the environment, which may delegate all or part such functions in other public or private entities. Effective Notes
ARTICLE 6o. RESOURCE MANAGEMENT. The resources allocated to address the granting of Forestry Incentive Certificates will be administered by Finagro through rediscount mechanisms or trusteeship dealt with in article 8. Law 16 of 1990, but they will be separate accounts. also to Finagro It will be, according to the annual schedule of the distribution of resources for granting Forestry Incentive Certificates by the competent authorities for the administration and management of renewable natural resources and the environment, approved by the Conpes; issue in each case the authorization for granted by act which will determine the amounts, terms and respective conditions, and conditions to enforce the repayment of amounts provided in case of total or partial breach of contract * concluded with the entity responsible for the administration and management of renewable natural resources and the environment. Effective Notes
PARÁGRAFO. Resources Forestry Incentive Certificate (CIF) will be distributed regionally as approved by the Board of the CIF, which must ensure adequate participation percentage of small reforester in that assignment. This distribution will be made to the budget amounts available.
Understood as small that reforester to develop a draft establishment and forest management in an area up to 500 hectares. Effective Notes
ARTICLE 7. MEANS. For the purposes of system operation Certificates Forestry Incentives, Finagro addition of appropriate budgets of the Nation or decentralized entities sums, which are caused by fines or financial penalties to the beneficiary are imposed receive under numeral 6o. of Article 5 .; which will transfer title to any public or private legal persons, and from external or internal credit or international cooperation entities.
PARÁGRAFO. Administration and fundraising may be delegated to other entities, for which the Government will indicate the special requirements within which they come to manage such resources in accordance with the provisions of this Act.
Article 8. EFFECTS OF THE GRANTING OF CERTIFICATES. The granting of Forestry Incentive Certificates for beneficiaries produces the following effects:
a) shall not be entitled to incentives or tax exemptions for forestry otherwise by law.
B) may reapply the Forestry Incentive Certificate for plantations on the same soil after 20 years after the issuance of the Certificate; unless by force majeure, duly verified by the competent authority for the administration and management of renewable natural resources and the environment, it has lost the plantation that was the subject of the Certificate.
C) constitute a recognition by the state of the environmental benefits that originates reforestation, revenues Forestry Incentive Certificates do not constitute taxable income.
Article 9. REGULATORS. In the exercise of regulatory power, the President of the Republic shall define the procedures and mechanisms for the issuance, delivery and payment Certificates Forestry Incentives and set the contents of the Establishment Plan and Forest Management and the system to ensure compliance, control, monitoring and evaluation. Effective Notes
ARTICLE 10. OTHER INCENTIVE SYSTEMS FOREST. The competent bodies for the management and administration of renewable natural resources and the environment, comply with the analogous to those provided in this Act, for the purposes of granting the Forestry Incentive developing organized by other public or private entities systems functions. Effective Notes
ARTICLE 11. BUDGET ISSUES. Authorize the National Government to make budgetary operations that are required to comply with this law.
ARTICLE 12. The areas in forestry development process and are covered with the Forestry Incentive Certificate will not be subject to agrarian reform programs.
ARTICLE 13. The National Government, through research institutions, public, private and mixed character, develop and promote special programs of research on seeds of native forest species. To this end, a percentage of forest resources will be allocated incentive.
ARTICLE 14. The Ministry of Agriculture will regulate aspects of quality certification of forest seeds.
Autonomous Regional Corporations should allocate minimum percentages of resources for the establishment of plantations with protective nature which may be variable for different regions of the country. The National Council for Economic and Social Policy (CONPES) determine annually the percentage. Effective Notes
ARTICLE 16. Create the Forest Policy Advisor in order to coordinate the implementation of policies related to the forestry subsector, consisting of the Minister of Environment or his delegate, who will preside Committee, the Minister of Agriculture or his delegate, the General Manager of the Colombian Agricultural Institute, ICA, or his delegate, the Head of the Agricultural Development of the National Planning Department, a representative of the Regional Autonomous Corporations, the President of the Colombian Association of Reforestadores Acofore, President of the National Corporation for Forest Research and Development, the director of the Institute of Natural Sciences of the National University, President of the Colombian Association of Plant Studies "in vitro", a representative of the NGO Environmental Character and a representative of Association of Secretaries of Agriculture.
This advisory committee will have a permanent technical secretariat, and its operation will be regulated by the Government.
PARÁGRAFO. Until it is established the Ministry of Environment, the Minister of Agriculture, or his delegate, will chair this committee and Inderena Manager will be part of it. Editor's Notes
ARTICLE 17. (13) EFFECT. This Law governs from the date of its publication and repeals all provisions that are contrary.
The President of the Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
Republic of Colombia - National Government
published and execute.
Given in Bogota, DC, on the twenty (21)
day of June 1994.
César Gaviria Trujillo.
The Minister of Finance and Public Credit, RUDOLF HOMMES
The Minister of Agriculture,
JOSE ANTONIO OCAMPO GAVIRIA