1377 OF 2010

(January 8)

Official Journal No. 47.586 of 8 January 2010

CONGRESS OF THE REPUBLIC

C-685-11 >

By means of which you regulate commercial reforestation activity.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT OF LAW. C-685-11 > This law aims to define and regulate forest plantations and agroforestry systems for commercial purposes.

ARTICLE 2o. DEFINITIONS. C-685-11 > For the purposes of this law, the following definitions are laid down.

1. Forestry activity for commercial purposes: It is the cultivation of tree species of any size originated by the direct intervention of man for commercial or industrial purposes and which is in a position to produce wood, forest products timber and by-products, within the scope defined in article 1o of this law.

2. Agroforestry system: An agroforestry system, the time and space combination of forest plantations for commercial purposes associated with agricultural crops or livestock activities, within the scope defined in Article 1 of the law.

3. Forest flight: It is the usable volume on which the holder or owner of a forest crop for commercial purposes has the right to constitute a guarantee. For all legal purposes, trees are understood to be movable property in advance as laid down in Article 659 of the Civil Code.

4. Certificate of Forestry Incentive, CFI, for support of commercial reforestation programs: It is the document that grants to its holder the right to obtain directly, at the time of its presentation, the economic incentives or incentives granted by the National Government to promote forestry activities and agroforestry systems for commercial purposes.

5. Mobilization remission: This is the document that records the mobilization of wood or forest products of primary transformation from forestry activities or agroforestry systems for commercial purposes. registered.

ARTICLE 3o. ATTRIBUTIONS OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT. C-685-11 > The Ministry of Agriculture and Rural Development, as the governing body for agricultural, forestry and fisheries production, is the only entity competent to formulate the Commercial forestry policies and agroforestry systems, as well as the granting and regulation of the Forest Incentive Certificate, CIF, for support of commercial reforestation programs.

PARAGRAFO 1o. The Ministry of Agriculture and Rural Development will assume the functions attributed in Law 139 of 1994 to the entities responsible for the administration and management of the renewable natural resources in relation to the Certificate of Forestry Incentive, CIF, for support of commercial reforestation programs, within a period not greater than three (3) months from the time of this law. The Ministry of Agriculture and Rural Development will annually determine the allocation of the allocated budget for this incentive.

PARAGRAFO 2o. The entities competent for the administration and management of renewable natural resources shall maintain the powers conferred by Law 139 of 1994, in relation to Certificate of Forestry Incentive, CIF, for the support of programs of plantations of a protective character.

PARAGRAFO 3o. The forest compensation required by the competent environmental authority through environmental licenses shall not be entitled to the Forest Incentive Certificate, CIF.

PARAGRAFO 4o. Promote and stimulate the association of small producers for the development, exploitation and industrialization of forest plantations, through technology transfer, access to credit promotion and implementation of the CIF. The Ministry of Environment, Housing and Territorial Development will also be required to retain its competence in environmental matters.

TRANSIENT PARAGRAPH. Requirements and conditions to the Forest Incentive Certificate, CIF. Within a maximum period of one year, counted from the entry into force of this law, the National Government will present to the Congress of the Republic, a bill that clearly establishes the objective conditions for the selection of the beneficiaries of the Forest Incentive Certificate, CIF, on an equal footing. Between the validity of this law and the issuance of the law that deals with the present transitional paragraph, the requirements and conditions enshrined in Law 139 of 1994, regarding access to Forest Incentive Certificate.

ARTICLE 4. REGISTER. C-685-11 > All forest cultivation or agroforestry system for new or existing commercial purposes for the time of issue of this law shall be registered with the Ministry of Agriculture and Rural Development if the forest crop it is ten hectares or more, or before the Municipal Technical Assistance Units (Umatas) or who does its times in cases of cultivation of minor extension, after the registration of the forestry activities or agroforestry systems with commercial purposes, restrictions or restrictions may not be amended or set use of the activities or systems referred to; consequently, no public entity may prevent its commercial exploitation.

The registration will be carried out only once, after verification of the information provided and visit to the site of the establishment of the plantation. Each agroforestry system or forest crop for commercial purposes will be assigned a consecutive number that will be added below the Tax Identification Number (NIT) or the registration holder's citizenship card number, according to be the case.

PARAGRAFO 1o. You may only be the holder of the registration that enjoys any real right to the property that allows you to use and enjoy it, as well as the regular owner of the building, or the holder who holds the property in law. form.

PARAGRAFO 2o. The Ministry of Agriculture and Rural Development or the entity delegated at the territorial level to carry out the registration shall report within ten (10) of the first days of December of each year to the Regional Autonomous Corporations or Sustainable Development and the Institute of Hydrology, Meteorology and Environmental Studies (Iofam), the records of agroforestry systems or forest crops for commercial purposes that they have carried out during the corresponding year.

PARAGRAFO 3o. The registration of the protection-producing plantations shall be carried out before the Ministry of Agriculture and Rural Development or before the entity delegated by that ministry; that of the plantations for the purpose of conservation by Regional Autonomous Corporations (CAR) in accordance with Decree 1791 of 1996 or the rule that modifies or replaces it.

ARTICLE 5o. FREE EXPLOITATION AND MOBILIZATION. C-685-11 > The practices of the exploitation and mobilization of commercial forest plantation products and commercial agroforestry systems will not require authorization from the environmental authority and shall be the responsibility of the Ministry of Agriculture and Rural Development for its regulation.

PARAGRAFO. Without prejudice to the above, when for the planting, handling, exploitation or mobilization of commercial forest plantation products and agroforestry systems for commercial purposes, require the use and use of renewable natural resources, the relevant authorisations or permits must be processed and obtained before the competent environmental authorities.

ARTICLE 6o. CONTROL SYSTEMS. C-685-11 > The Ministry of Agriculture and Rural Development will implement a Control System in accordance with the provisions of this law and the existing rules on the subject, which will guarantee the due use of the products of forest commercial plantations and agroforestry systems. The above, without prejudice to the evaluation, monitoring and control functions established in other public entities.

This Control System will establish mechanisms for identifying products from commercial forest plantations and

of agroforestry systems for commercial purposes, and shall include methods of control from the registration of natural or legal persons engaged in this activity, their use, mobilization and marketing, which shall be adopted by the holders of the records.

This will implement a permanent, updated information medium containing aspects such as the registration number of the crop or agroforestry system, location, areas and species registered, seeded and used, name and identification of the owner or holder of the premises and of the planting, volumes and description of the products, origin, route and marketing destinations, mode of transport and identification of the vehicle and of the transporter, among others. These control and information systems will be developed under the principle of transparency and self-regulation, so this information will be public and easily accessible.

PARAGRAFO. The transporters, for the mobilization of forest plantation products and agroforestry systems for commercial purposes, must carry a copy of the register and the original of the remission. The above, without prejudice to controls that are by competition, have the environmental and police authorities.

ARTICLE 7o. PROTECTION OF NATURAL FORESTS AND STRATEGIC ECOSYSTEMS. C-685-11 > Forestry or agroforestry systems may not be established for commercial purposes in natural forests, protective forest areas, special management areas or any another category of management, conservation or protection that excludes such activity, as well as strategic ecosystems, such as moors, mangroves, wetlands.

ARTICLE 8o. FOREST ROADS. C-685-11 > The paths necessary to advance forest harvesting within forest crops and agroforestry systems for commercial purposes are an integral part of these and will not be subject to permits or additional requirements other than those provided for in this Act.

PARAGRAFO. Without prejudice to the foregoing, when for the construction of a road is required for the use or affectation of renewable natural resources, they must be processed and obtained before the environmental authorities competent authorities or permissions.

ARTICLE 9o. POTENTIAL AREAS FOR THE DEVELOPMENT OF COMMERCIAL REFORESTATION ACTIVITIES. C-685-11 > For the purpose of planning commercial reforestation activities, the Ministry of Agriculture and Rural Development or the entity that is delegating, shall inform which are the potential areas for bringing forward the development of these crops. The above, without prejudice to the constitutional and legal powers that the Municipal Councils have on the matter.

ARTICLE 10. SECURE. C-685-11 > The exploitable volume or forest flight constitutes collateral for credit transactions or other financial transactions; this rule applies only to commercial forest plantations and agroforestry systems. for commercial purposes.

ARTICLE 11. PLANT HEALTH AUTHORITY. C-685-11 > For the purposes of forestry activities and agroforestry systems for commercial purposes, the Colombian Agricultural Institute, ICA, is the competent entity to regulate control activities, prevention and eradication of pests and diseases.

ARTICLE 12. VALIDITY. C-685-11 > This law governs from the date of its enactment and repeals the paragraph of article 6o and article 16 of Law 139 of 1994 and all other rules that are contrary to you.

The President of the honorable Senate of the Republic,

JAVIER CACERES LEAL.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

EDGAR ALFONSO GOMEZ ROMAN.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

Republic of Colombia-National Government

Publish and comply.

Dada in Bogotá, D. C., on January 8, 2010.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

OSCAR IVAN ZULUAGA ESCOBAR.

The Minister of Agriculture and Rural Development,

ANDRES DARIO FERNANDEZ ACOSTA.

The Minister of Environment, Housing and Territorial Development,

CARLOS COSTA POSADA.