On October 11, 2022, Administrative Decision No. 1013/2022 was published in the Official Gazette of the Nation, whereby the Internal Operating Regulations of the National Cabinet on Climate Change (hereinafter, the “Regulations”) were approved, which will be mandatory for all its members. These Regulations regulate the functioning of the different working instances of the NCCG, establishing the roles, composition and functions of each one of them, as well as those of the Technical Administrative Coordination.
The Cabinet is a collegiate body chaired by the Chief of Cabinet of Ministers and composed of the highest authorities of the following areas of government: Environment, Energy, Mining, Production, Agriculture and Livestock, Industry, Transportation, Social Development, Foreign Affairs, Education, Sports, Health, Science and Technology, Interior, Public Works, Housing, Labor, Economy and Finance and Security and Defense. It was created by the Law of Minimum Budgets for Adaptation and Mitigation to Global Climate Change No. 27,520. Its function is the implementation of the National Plan for Adaptation and Mitigation to Climate Change, as well as all those public policies related to the application of the provisions set forth in the law of creation and its complementary rules. It was also stipulated in said law that it would also be responsible for issuing its own Internal Operating Regulations.
Decree No. 1030/2020, which regulates Law No. 27,250, established in Article 10 of Annex I that the Regulations should be drafted by the Technical Administrative Coordination (hereinafter “CTA”), carried out by the SECRETARIAT OF CLIMATE CHANGE, SUSTAINABLE DEVELOPMENT AND INNOVATION of the MINISTRY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT, and then approved at the Meeting of Ministers convened for such purpose. According to the Regulations, it has a permanent nature and meets in an ordinary manner at least two (2) times a year and in an extraordinary manner at the request of the CTA, when the fulfillment of its functions so requires. It is empowered to make decisions in the form of Resolutions, Declarations and Recommendations it deems appropriate. It is within the framework of such meeting that the Chief of Cabinet of Ministers performs his functions, with the assistance of the so-called “Working Tables”.
The Regulations establish that the Meeting of Ministers shall be responsible, among others, for the following functions:
- 1.Articulate the elaboration and implementation of the National Plan of Adaptation and Mitigation to Climate Change among the different government areas of the National Public Administration;
- Promote the updating of the National Plan of Adaptation and Mitigation to Climate Change with a periodicity not greater than five (5) years;
- 3.Approve the Annual Work Plan of the NGCC;
- To carry out technical consultations to public or private research organizations, universities and any other institution, when it is of interest; 5;
- Promote compliance with the policies, strategies and measures established in the National Climate Change Adaptation and Mitigation Plan in the areas under its responsibility and monitor its progress;
- Any other function that may be necessary for the effective fulfillment of the obligations established to this space within the framework of Law No. 27,520 and its Regulatory Decree No. 1030/2020.
Among the “Working Groups” in charge of providing technical assistance and information to the Meeting of Ministers are the Focal Points Group, the Provincial Articulation Group and the Extended Group.
The Bureau of Focal Points shall be composed of officials formally appointed by the highest authorities of each of the national portfolios that make up, on a permanent basis, the Meeting of Ministers. Said officials shall be of a technical and political nature with decision-making capacity. The same shall meet on an ordinary basis at least three (3) times a year, and on an extraordinary basis at the request of the CTA, when the fulfillment of its functions so requires. Among the functions assigned by the Regulations are to facilitate the development of policies and measures for mitigation in strategic sectors and for adaptation in sectors vulnerable to the impacts of climate change, to develop and promote actions for the effective implementation, follow-up and updating of the adopted strategies and plans, to facilitate the presentation to the CTA of the annual reports detailed in Article 11 of Regulatory Decree No. 1030/2020 and to provide treatment, if applicable, to the recommendations and/or proposals developed by the External Advisory Council, sent through the CTA.
The Provincial Coordination Board, according to the provisions of the Regulations, shall be composed of the members of the Climate Change Commission of the Federal Council for the Environment (“COFEMA”) of each one of the Provinces of the country and of the Autonomous City of Buenos Aires, or in their absence, the persons established in plenary session of the COFEMA Assembly, according to the provisions of Article 8 of Regulatory Decree No. 1030/2020. The Assembly shall be chaired by the CTA and shall be of a permanent nature. Likewise, it shall meet at least two (2) times a year on an ordinary basis, and on an extraordinary basis at the request of any of its members, when the fulfillment of its functions so requires. Among them are to assist in the promotion of participatory processes and in the development of guidelines to contribute to the preparation of the National Climate Change Adaptation and Mitigation Plan, to articulate, through the CTA, the actions and measures of the Response Plans with the actions and measures for mitigation and adaptation to climate change at the national level, contribute to capacity building in prevention and response activities to emergency and disaster situations caused by extreme weather events, promote a comprehensive work dynamic with the Local Enforcement Authorities of Law No. 27,520, and any other function that may be necessary for the prevention and mitigation of climate change, in coordination with the specific areas in this area. 520 and any other function that may be necessary for the effective fulfillment of the obligations.
With respect to the Enlarged Roundtable, the Regulations provide that representatives of the Meeting of Ministers or their designees; representatives of the Focal Points Roundtable and the Provincial Articulation Roundtable; members of the academic sector, workers and trade unions, civil society organizations, political parties, municipalities, indigenous communities, the private sector, chambers of the National Legislative Branch through the corresponding commissions, the National Judiciary and any other individual or legal entity interested in participating in the Roundtable may do so; representatives of political parties, municipalities, indigenous communities, the private sector, the chambers of the National Legislative Power through the corresponding commissions, the National Judicial Power and any other individual or legal entity interested in the subject. The same shall have a permanent nature and shall be chaired by the CTA, who shall convene it at least twice (2) a year to present the work carried out and projected within the framework of the different working instances of the Cabinet. Its function is focused on the exchange of experiences and the generation of proposals related to technical inputs in the development and implementation of public policies, measures for adaptation and mitigation of climate change and compliance with the international commitments assumed by the country.
Finally, the Technical Administrative Coordination or CTA is exercised by the highest authority responsible for climate change of the Government Secretariat for the Environment or whoever it designates, in this case the Secretariat for Climate Change, Sustainable Development and Innovation. The functions assigned to this body by the Regulation are, among others, to prepare, with inputs from the working bodies of the NGCC, the National Climate Change Adaptation and Mitigation Plan and submit it for approval, if appropriate, to the National Authority of Application; facilitate the fulfillment of the functions of the NGCC; promote the identification of needs of the various areas of government related to studies and implementation of measures and policies for adaptation and mitigation of climate change; require necessary information to the Working Groups to comply with the objectives and obligations foreseen; require the annual reports detailed in Article 11 of Regulatory Decree No. 1030/2020; attend the Meeting of Ministers regarding the objectives of the Law and its Regulatory Decree, the national regulations and the international agreements subscribed by the Argentine Republic on Climate Change and any other function necessary for the effective compliance with the obligations established to the Technical Administrative Coordination within the framework of Law No. 27,520 and its Regulatory Decree No. 1030/2020. 520 and its Regulatory Decree No. 1030/2020.
This report cannot be considered as legal or any other kind of advice from Allende & Brea.
