Procedures for commitment terms related to environmental compensation

Ibama published Normative Instruction (IN) No. 7 in the Official Gazette of the Federal Government. The text establishes “the procedures for the conclusion of commitment term to comply with the uncontroversial part of environmental compensation, due under the environmental licensing processes of the Ibama’s jurisdiction until there is a conclusive juridical manifestation of the Advocacy General of the Union about the monetary correction index to be applied”.

The installment of the payment is uncontroversial when the entrepreneur and the managing body of the Conservation Unit (UC) agree on the total due.

The purpose of the standard is to avoid controversy over the Selic corrections (Referential Rate of the Special Settlement and Custody System) of the amounts owed due to delays in receipt by UCs.

The execution of the uncontroversial portion may occur when there is a discrepancy between the entrepreneur and the IBAMA regarding the correction rate of the value of environmental compensation. The governing body of the beneficiary Conservation Unit shall attest that the execution of the amount is sufficient for the actions to be implemented in the Conservation Unit and the entrepreneur shall express a clear interest in the partial execution of the environmental compensation, within the terms and conditions established in the IN.

The uncontroversial amount should be readjusted by the Special Extended Consumer Price Index (IPCA-E) at the time of the conclusion of the commitment term.

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