According to Article 2, paragraph 22 of the Constitution of Peru, the main state obligation is to guarantee the right of every person to live in a balanced and good environment for the development of his life, and according to Article 67 of the law, the function of the state is to ensure a national environmental policy. The Law on Environmental and National Resources, Legislative Decision No. 613, Article 1 affirms that maintaining a healthy environment is the duty of every citizen and emphasizes the government's obligation to prevent and control any damage done to nature that may prevent normal development and any form of life and environment. Standards for environmental quality and protection from non-ionizing radiation are natural instruments of environmental management in order to prevent, or plan to control pollution on strategies for health protection, increased state competence and promotion of sustainable development.
According to paragraph e) of Article 4 of Law 26410 of the National Council for the Environment, modified by Law 28245 which represents the framework of the Law on the National Environmental Management System, the function of the National Council for the Environment is to lead the process of processing and improving standards for environmental quality that are sent to the President of the Council in order to obtain the approval of the Supreme Court. standards for the quality of the environment by protecting against non-ionizing radiation.
In accordance with paragraph k) of Article 4 of Law 26410, modified into Article 28245, the competence of the National Council for Environmental Protection dictates precise norms for the appropriate functioning of environmental management instruments.
According to Article 10 (number 10.1) of Law 28245,
National Council for Environmental Protection environment has the power to impose norms containing instruments of environmental management by central, regional and local governments as well as the private sector. According to the aforementioned norms, which are in accordance with the corresponding regulations of the National Council for Environmental Protection, the function and strict application of the quality standards of the living environment in non-ionizing radiation as an instrument of ecological management, and the sectors and levels of government involved in their implementation are regulated. Accordingly, in paragraph 24 of Article 118 of the Constitution of Peru, it is emphasized that legislative decision number 560 is contained in the Law for the executive power, Law 26410 and Law 28245.
DECISIONS:
Article 1.
The approved standards for the quality of the living environment in non-ionizing radiation, which are contained in the Annex and which are part of the decision of the Supreme Court, confirm the maximum level of strong non-ionizing radiation, which exists in the environment and which is recommended not to be exceeded in order to avoid risks to human health and endangering the environment. These standards were set primarily for the protection of human health.
Article 2.
The National Council for Environmental Protection determines the norms that regulate the proper functioning and application of standards for the quality of the living environment in non-ionizing radiation, as well as environmental management instruments by the sectors and levels of government involved in the processes of their realization.
Article 3.
The current decision of the Supreme Court was approved by the President of the Council.
Issued by the Government of Peru, Lima, February 2, 2005
Alejandro Toledo, President of Peru Carlos Ferrero, Prime Minister of Peru
