Climate Change: Decree No. 275/2022 PEN – Delegation of powers to the MAyDS.
Joint report of the Environmental Law & Climate Change and Public Law Departments | Climate Change: Decree No. 275/2022 PEN – Delegation of powers to the MAyDS
Dear Sir or Madam,
On May 27th, Decree No. 275 of May 26th, 2002, was published in the Official Gazette, by means of which the President of the Nation delegated to the Ministry of Environment and Sustainable Development (MAyDS) — in the terms of article 2 of Law 13,064, National Law on Public Works — the powers and obligations determined by said law for the realization of the works included in the international financing programs on the environment, climate change, and environmental preservation administered by the ministry. The standard delegation is based on the fact that:
(a) the MAyDS is (i) the national authority designated before the Adaptation Fund, created to finance projects and programs for adaptation to the effects of climate change in developing countries (established in the Kyoto Protocol at the United Nations Framework Convention on Climate Change), and (ii) the Operational Focal Point of the Global Environment Facility arising from the Convention on Biological Diversity and the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa, and
(b) the Green Climate Fund, which originated at COP16, held in 2010 in Cancun (Mexico), is another financial mechanism of the United Nations Framework Convention on Climate Change that is at the service of the aforementioned Paris Agreement.
(c) in accordance with the provisions of article 2 of Law 13.064, National Public Works, it is MAyDS’ responsibility to understand the administration of international financing programs dedicated to projects on the environment, climate change, and environmental preservation.
Please, do not hesitate to contact us should you require any further information on this matter.
Sincerely,
Manuel Frávega
Juan Antonio Stupenengo