Supervision to Environmental Control Entities

The function of supervising the environmental control entities (EFA, by its initials in Spanish) encompasses the faculty to realize follow-up and verification activities on the environmental enforcement performance of the national, regional and local EFA. The Supervision Directorate is responsible for fulfulling such faculty.

  • EFA

What are the EFA?

The EFA are public entities at a national, regional or local level which are responsible for one or more environmental enforcement functions.

  • National EFA: Some ministers and specialized-techincal bodies which are responsible for performing environmental enforcement functions through its directorates, divisions or environmental offices. For instance: The Water National Authority (ANA, by its initials in Spanish), which supervises the quality of water resources.
  • Regional EFA: The regional governments are responsible for performing environmental enforcement functions through its divisions of natural resources, energy, mining and hydrocarbon, environmental health, aquaculture, and handcrafted fishing. For instance: regional governments are in charge of enforcing small and artisanal mining activities.
  • Local EFA: The municipalities (provinces and distritcs) are responsible for performing environmental enforcement functions through its environmental units and enforcement divisions. For instance: The provinces' municipalities are in charge of enforcing an adequate waste management within its jurisdictions.

What is the OEFA entitled to do while supervising the EFA?

  • To verify the EFA's performance This is performed through documentary supervision done by OEFA or at the facilities of the EFA, which can include the areas in which these entities perform their environmental enforcement activities.
  • To demand the presence of the EFA If necessary, in the framework of a supervision, the OEFA has the faculty to demand the presence of the office performing the EFA's environmental enforcement function at the location where the intervention is taking place.
  • To issue provisions that will be verified ex post To issue provisions that should be complied to by the EFA, and which will be verified accordingly.
  • To request information from the EFA To request documentation and/or to access relevant information, and setting a deadline for its delivery. The information and documentation provided will be subject to verification from OEFA.
  • To communicate to the Public General Comptroller To inform the Public General Comptroller those non-compliance situations derived from the EFA, which carries failing to functional administrative responsability.

The National System of Environmental Assessment and Enforcement (SINEFA, by its initials in Spanish) was created through Law No. 29325 in 2009. Later, the SINEFA was modified by Law No. 30011, in 2013, with the purpose to articulate the environmental enforcement functions at a national, regional and local level. This system encompasses the following entities: the OEFA, which manages it; the Minister of Environment and the EFA nationwade.

The Environmental Enforcement Common System The Environmental Enforcement Common System The Environmental Enforcement Common System is created in the framework of the SINEFA as a legal instrument that establishes the guidlines, principles and common basis of the environmental enforcement in Peru, which also includes the provisions to be abide by the EFA. This system, approved by Minister's Resolution No. 247-2013-MINAM, seeks to guranteeing an effective, efficient, coordinated and homogeneous environmental enforcement performance. The details of this regulation are available in the brochure "The Environmental Enforcement Common System".

Rules for the Supervision to Environmental Control Entities

This supervisory function exercised by the OEFA encompasses follow-up and verification activities on the performance of the EFA's environmental enforcement actions nationwide. In the framework of the Environmental Enforcement Common System, these rules are based in three principles: (i) prevention, (ii) ethics and transparent conduct and (iii) cooperation. Click here to access the 17 Articles, 2 Complementary Final Provisions.

The Assessment and Enforcement Annual Plan (PLANEFA, by its initials in Spanish) is an essential support tool to schedule and prioritize the EFA's environmental actions to be performed each year. Needs to be mentioned that the EFA's regular performance is not restricted only to what is established in the PLANEFA.

What is the legal basis that make the EFA responsible for the planning of environmental enforcement? In January 2014, the OEFA updated the legal instruments that ruled in that matter since 2010, and it aproved the Guidelines for the Elaboration, Aproval and Assessment of the PLANEFA. You can access the 8 Artiles, 2 Complementary Provisions and 2 Attachements here:

The Assessment and Enforcement Annual Plan What and how to plan the environmental enforcement? After the PLANEFA has been elaborated and approved by each EFA, it must be reported to the OEFA. This is the entity responsible for guaranteeing that the information in the PLANEFA gets fullfilled effectively and in a timely fashion. In this brochure, "The planning of the environmental enforcement", the OEFA provides to the EFA and the citizens all the necessary information to adequately plan the actions to prevent severe environmental damages.

Enhancing public officers' capacitites

If you are public officer and are interested in receiving technical assistance or in being trained on environmental enforcement related-issues, get in touch with us:

Phone: 204-9900 ext. 1172