MMA launches ublic consultation on the draft update to the 2026 Long-Term Climate Strategy

The Ministry of the Environment (MMA) has published Exempt Resolution No. 3148/2026, launching a public consultation on the draft update to the 2026 Long-Term Climate Strategy (“ECLP 2026” or “Draft”). The aim is to align the current strategy, submitted to the United Nations Framework Convention on Climate Change in November 2021, with the institutional framework established by Framework Law on Climate Change No. 21.455 (“LMCC”).

First, the draft does not address the legal consequences of failing to meet climate targets. The LMCC also lacks a defined sanctions regime for non-compliance with carbon budgets or sectoral targets under the ECLP. Strengthening accountability by establishing clear requirements for public disclosure, identifying causes of non-compliance, and implementing corrective measures within set timeframes is recommended.

Second, although the draft includes the Social Price of Carbon as a public investment tool, it should clarify the calculation method, priority sectors, the responsible entity for updates, and its connection to carbon budget trajectories.

Third, the draft references carbon pricing and market instruments but does not clearly define their scope, legal status, or relationship to the existing green tax. This lack of clarity may lead to regulatory uncertainty or overlapping regimes, particularly if an emissions trading system, offset mechanisms, or other market-based instruments are introduced.

Fourth, including international maritime and air transport is a significant development. However, because some emissions regulations fall under multilateral frameworks, the draft should clearly distinguish between domestic emissions and those regulated internationally, and clarify the State’s role.

Fifth, improved coordination is needed between the ECLP and strategic environmental assessment instruments, especially to ensure early integration of climate criteria into territorial and sectoral planning and to support enforceability.

Relevance for regulated sectors

The update to the 2026 ECLP (Long-Term Climate Strategy) is relevant to regulated companies and sectors, even though the instrument does not impose direct sanctions. Its definitions may influence future sectoral plans, public policies, investment criteria, planning instruments, and potential regulatory requirements related to mitigation, adaptation, water resources, the energy transition, transport, ecosystem conservation, and climate justice.

Therefore, it is advisable to review the draft proposal promptly, identify potential sectoral impacts, and assess whether to submit comments during the public consultation period—particularly where the proposed goals, guidelines, or instruments could affect the operations, planning, or regulatory compliance of regulated entities.

The deadline for submitting comments is September 22, 2026.

For further information and a more detailed analysis of the draft update to the 2026 ECLP, or to request the full briefing note, please get in touch with Andrés Lihn ([email protected]), Elizabeth Salas ([email protected]), and/or Pablo Garrido ([email protected]).