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Consequences of the declaration of areas as Integrated Management Districts that overlap with concession agreements

The Constitutional Court denied the fiscal impact incident of Ruling C-489 of 2023

Base price for liquidation of royalties

Bills

I. JUDGMENTS – COUNSIL OF STATE

Subject	Consequences of the declaration of areas as Integrated Management District that overlap with concession agreements
Number	25000-23-36-000-2013-00886-01 (57563)
Presiding Judge	Jaime Enrique Rodríguez Navas
Date	April 24, 2024
Description	The Council of State reiterates that, in mining matters, the provisions issued by the environmental authority after the execution of the concession agreement have the power to modify it since the contractual object involves public property “owned by the State” over which the general interest prevails.   Therefore, the Council of State determined that in the event of total overlapping of a concession agreement with a Protected Forest Reserve and an Integrated Management District, declared after the execution of the concession agreement, the exclusion of such areas from the concession agreement shall be applicable.

II. WRITS – CONSTITUTIONAL COURT

Subject	The Constitutional Court denied the fiscal impact incident of ruling C-489 of 2023
Number	948
Date	May 27, 2024
Description	The Constitutional Court informed the decision adopted by this corporation to deny the request for fiscal impact incident on ruling C-489 of 2023, promoted by the Minister of Finance and Public Credit.   In ruling C-489 of 2023, the Constitutional Court decided to declare Article 19 (partial) of Law 2277 of 2022 unconstitutional due to the lack of compliance with the principle of tax equity. This article established the prohibition to take as deductible from the income tax of companies engaged in the exploration and exploitation of non-renewable natural resources the disbursements for royalties paid to the State.

III. RESOLUTIONS – MINING AND ENERGY PLANNING UNIT (“UPME”)

No.	Object	Period
193 de 2024	Whereby the base price for the liquidation of nickel royalties is determined.	The first quarter of 2024.
191 de 2024	Whereby the base price for the liquidation of coal royalties is determined.	The second quarter of 2024.
192 de 2024	Whereby the base price for the liquidation of royalties of precious stones and metals, iron ores, metallic minerals, and polymetallic concentrates is determined.	The second quarter of 2024.
185 de 2024	Whereby the base price is determined for liquidating royalties of non-ferrous minerals.	Annuity 2024-2025.

IV. BILLS

No.	Object	State
114/2022 Senate 413/2023 Chamber of representatives	The exploration and production of some of the following products are prohibited in the national territory, and the use of the Multi-Stage Hydraulic Fracturing technique in Horizontal Sections known as Fracking and other provisions are enacted.	Pending third debate.
195/2022 Senate 425/2023 Chamber of representatives	Whereby measures are adopted to promote the rational and efficient use of energy, guidelines are established for the energy efficiency plans of public entities, incentives are provided for sustainable construction, and other provisions are issued.	Pending fourth debate.
206/2022 Chamber of representatives	Whereby natural gas is declared as green energy and other provisions are issued.	Pending designation of rapporteurs for third debate.
275/2022 Chamber of representatives 260/2024 Senate	The development of Colombia’s zero- and low-emission hydrogen ecosystem is promoted and encouraged to guarantee a correct energy transition, and other provisions are issued, such as a hydrogen economy.	Pending third debate.
248/2024 – Senate 258/2022 Chamber of representatives	Whereby the Coffee Cultural Landscape and its buffer zone are established as areas excluded from mega-mining and other provisions are established.	Pending fourth debate.
049/2023 Chamber of representatives	Whereby the concept of peasants is adopted, their rights are set forth, their characterization is established, their work is promoted, the legal commission for the defense and protection of peasants is created, and other provisions are enacted.	Pending presentation for first debate.
076/2023 Chamber of representatives	Whereby the Mining Code is reformed, and other provisions are enacted.	Pending presentation for first debate.
181/2023 Chamber of representatives	The territorial registry system of local labor and entrepreneurs is created as a measure to promote local employment, and other provisions are enacted.	Pending second debate.
125/2023 Senate	Rural property is formalized for peasants who can prove tenure or possession, and uncultivated land is awarded to peasant families without land or with insufficient land and to victims of the armed conflict subject to land restitution in areas where processes of exploitation of non-renewable natural resources are being carried out.	Pending first debate.
284/2023 Chamber of representatives	The destination of heavy machinery and its parts seized in illegal mining activities is prioritized for the development of PDET and ZOMAC works, and other provisions are issued.	Pending first debate.
344/2023 Chamber of representatives	The Colombian mineral company ECOMINERALES is created, and its purpose, nature, organizational structure, and other provisions are determined.	Pending first debate.

Author: Ana Sandoval