Home » The Regional Integrated Management Districts (DRMI) and the port of Tribugá

The Regional Integrated Management Districts (DRMI) and the port of Tribugá

by admin

Jose Maria
Daza Sanchez

By José María Daza Sánchez

In development of the thesis presented and supported, to opt for the title of lawyers, from the Technological University of Chocó by Leidi Patricia Córdoba Serna and Yasverlin Helena Becerra Delgado, whose title is “The legal figure of the Regional Districts of Integrated Management (DRMI ) and its impact on the decision of the National Infrastructure Agency, ANI, on the Tribugá – Chocó Port Project”, (from which I take relevant information) the figure of the Regional Integrated Management District is detailed as “a protected area managed primarily for the sustainable use of natural ecosystems, containing predominantly unmodified natural systems, which is the subject of management activities to ensure the long-term protection and maintenance of biological diversity, while providing the flow “sustainable supply of natural products and services to meet the needs of the community.”

In the case of Colombia, this management category is very well defined in Article 14 of Decree 2372 of 2010, which proposes how to declare specific areas under the category of Regional Integrated Management Districts.

Specifically for Nuquí, that District was created that goes from Cabo Corrientes to the limits with the Utría National Natural Park, which includes the territory where the Tribugá Port Project would be built.

The purpose of the declaration of the DRMI Nuquí was to preserve the maritime order, the territory for enjoyment, so that there is sustainability for commerce, industry and especially fishing given the indiscriminate exploitation.

There are two certifications in Codechocó that allow the construction of the port, which shows that a healthy environment does not conflict with the work of the Port of Tribugá.

Now, the National Infrastructure Agency, ANI, and in accordance with its functions such as the management of the port concession process, in matters related to infrastructure, analyzes the aspects of financial sustainability and the support of the investment plan and the aspects legal with the regulations of the concession.

According to ANI, the Arquímedes Port Society, when faced with the request to use the protected area to carry out the Port of Tribugá project, did not comply with the supporting documents and requirements to access the authorization for the construction of the port and Therefore, it archived the request arbitrarily, according to what was stated by the Arquímedes Port Society.

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On the other hand, the National Environmental License Agency, ANLA, is the entity in charge of defining the terms of reference to opt for the environmental license, determining a diagnosis and the environmental impact to grant said license.

Through communication with filing ANLA 2020010410-1-000 dated January 24, 2020, the Arquímedes SA Promotion Company presented the Environmental Diagnostic of Alternatives for the project “Construction and Operation of the Maritime Terminal in Tribugá”.

“Once the preliminary verification of the documentation was carried out, within the ANLA VPD0009-00-2020 file, this authority found that the company did not comply, in its criteria, with the following:

“You did not present a copy of the response issued by this Authority, in relation to the request for the need for Environmental Diagnosis of Alternatives (DAA) for the project, work or activity, in accordance with what is established in the standard and the terms of reference. It did not present the location of the project using coordinates and plans in accordance with current regulations, nor did it present proof of payment for the provision of the Diagnostic evaluation service (DAA) or the identification document or certificate of existence and legal representation.”

The ANI reported that: “By not meeting the requirements that constitute a legal imperative to continue the project, in application of the relevant regulations, the ANI declares the tacit withdrawal of the port concession request” (El Tiempo, 2020).

We confronted the manager of the Sociedad Portuaria Arquímedes, William Naranjo, and he told us, among others, the following:

“The port concession application for the Port of Tribugá was filed in March 2016 with all the technical, financial and legal requirements, including the seriousness policy with a validity of two years. This request was strangely denied at the end of 2017 by the ANI, due to an alleged lack of the Connectivity Plan” (Up to this point the compliance policy presented by the Arquímedes Society was in force).

At the end of April 2018, the ANI accepted Arquímedes’ request to revoke the denial decision taken, since there was a Connectivity Plan represented in the Quibdó-Nuquí Train APP, approved by the Chocó government (at this time the ANI had already let the policy delivered expire).

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In the month of May 2018, the ANI asked Arquímedes to update the financial model and did not make a statement regarding the policy, doing so in July of the same year, when it requested the sending of a policy, which was processed and delivered. , but it was returned by the ANI so that it would have retroactivity from March 2018, that is, a retroactivity of 5 months, which was impossible to achieve in the national and international market, since it was not only the complex issue of retroactivity but also At that time, the ANI presented many incidents that alerted the insurance market against it (e.g. the collapse of the Chirajara bridge in 2018).

Given that the policy was impossible to obtain in the insurance market, various guarantees were being managed and delivered to the ANI in order to obtain the terms of reference of the port concession, which is how a bond was filed in lieu of the ANI. complied with said retroactivity, with the possibility of international reinsurance.

But strangely it was not accepted by the ANI, contrary to what other Ministries did accept, the ANI expressing that a “Guarantee Trust” be sent to it, which was also managed and obtained by Afiancol before FIDUCENTRAL, but was not accepted by the ANI either. , this entity declaring a tacit withdrawal from the concession request.

This entire process was covered by interventions by the control entities (Procuraduría and Comptroller) in addition to the Presidency of the Republic, since evidently there were “dark hands” in the decisions of the ANI that even led to the Attorney General’s Office in the presence of the governors of partner departments (Caldas and Chocó) warned the then vice president of Structuring of the ANI about not tolerating perverse obstacles against the Chocó projects, seeking only the benefit of Buenaventura.

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Thus, on the date of that direct revocation of the ANI, where the port concession request for the Port of Tribugá was made viable (April 30, 2018), and thus, in July 2018 the ANI approved the new Investment Plan and requested based on it, to deliver the retroactive seriousness policy, a matter that no insurer in Colombia was allowed to issue, THEN NOT BEING APPLICABLE TO THE DENIAL OF THE REQUEST AT THAT TIME, ANY KIND OF NEGLIGENCE ON THE PART OF THE ADMINISTRATION AT THAT TIME. ”

With this approach, from the parties involved in the important and transcendental issue, we see that, in the information presented by the ANI, a piece was missing, in a tendentious manner, which is reflected in Arquímedes’ response where he shows what the true truth was. interest of the Agency.

Apologizing because this topic was somewhat extensive, it can be noted that the project, as long as the Environmental Management Plan of the DRMI Nuquí is adjusted, by the Autonomous Corporation and that the ANI is transparent in the implementation and review of the procedures respective and given the commitments that Arquímedes would have to implement in its development, its construction and putting into operation is possible.

The post The Regional Integrated Management Districts (DRMI) and the port of Tribugá appeared first on Chocó7días.com.

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