The Attorney General’s Office sent to Ministry of Commerce, Industry and Tourism (MINCIT) His observations to Decree project that would modify Decree 1047 of 2024by which a prohibition of coal exports to Israel is established; warning that the initiative violates constitutional norms, legal and fundamental principles.
The control body indicated that The five business days for public consultation was insufficientbreaking the legal minimum of 15 calendar days, affecting the right to participation.
(Further: Carbon to Israel: Government would modify decree to completely cut its export).
He also warned that The proposal ignores consolidated legal situations when trying to suspend administrative permits and acts previously granted, violating principles such as good faith, proportionality and reasonableness.
Attorney General’s Office
Likewise, the Public Ministry said that the content of the project exceeds the Executive Competenciesupon entering reserved matters to the Congresssuch as economic intervention and limits to freedom of business; without providing legal arguments that justify this assumption of powers by the Government.
(You can read: Government requests not to export coal to Israel).
Finally, the document sent by the Delegate for Environmental Affairs, Energy and Agrarian Miningpoints out that the normative project submitted to public consultation is unaware of the current constitutional and legal framework, so it recommends not issuing the decree in the terms raised.
The Decree Project
On July 25, the Mincit published for comments the aforementioned Decree Project, which seeks to completely prohibit the export of coal to Israel, through a modification of the Decree 1047 of 2024except for some cases.
“The totality of exports of thermal rubbers (coal) classified by the tariff subhead 2701.12.00.10 are prohibited without exception, without exception. to the state of Israel“, is indicated in the document.
(Further: Bittersweet balance for the mining-energy sector in these 3 years of the Petro government).
Coal
This initiative would repeal articles 2 and 3 of the current decree in which the cases in which the measure does not apply are established. Thus, the commercialization of this mineral to the state of Israel would be completely prohibited.
Likewise, if this modification is launched, the administrative acts that would have been granted based on the previously defined exceptions would be suspended. That is, the permits granted above would be without effect.
Portfolio
