On January 9th, the Official Gazette published Exempt Resolution No. 2,993, applicable in 2026 to management systems subject to Law No. 20,920, which establishes the framework for waste management, extended producer responsibility (EPR), and the promotion of recycling.
The resolution sets out the annual program, the number of inspections, the strategic criteria for prioritizing them, and the associated performance indicators, in accordance with the budget allocated to the Environmental Superintendency (SMA, for its initials in Spanish).
Contents of the inspection program
The SMA is required to conduct seven environmental inspections nationwide.
Environmental compliance strategy
To prioritize inspection activities, the SMA considers criteria such as environmental risk associated with relevant environmental components, citizen complaints filed, and the behavior of regulated entities in their proceedings before the SMA.
It also incorporates tools such as the use of technology and data intelligence to guide inspections and controls, applying a discouraging approach to environmental inspection, generating preventive or anticipatory mechanisms.
A citizen-centered approach is strengthened through timely management of complaints, ensuring community concerns are incorporated into the planning, prioritization, and execution of inspection activities.
Additionally, the strategy emphasizes an environmental risk-based approach and priority areas, including hydrological components, biodiversity, and atmospheric quality.
Unscheduled inspections
The SMA may conduct unscheduled inspections triggered by complaints and self-reported incidents; provisional or urgent and temporary measures; or any other fact or circumstance constituting a potential noncompliance or infraction within the Superintendency’s authority.
These situations may lead to environmental inspections under the terms established in Article 19 of the Organic Law of the Environmental Superintendency (LOSMA, for its initials in Spanish). These may be performed directly by the SMA or delegated to sectoral agencies and/or third parties, depending on the capacities reported during the development of environmental programs and subprograms.
Applicability
The program enters into force in January 1st and lasts until December 31st, 2026.
For questions or further information on this topic, contact our corporate legal team.