On November 9, 2023, the Plenary of the Constitutional Court (hereinafter the “Court”) issued its judgment in case 51-23-IN, regarding the public action of unconstitutionality of Executive Decree number 754 of May 31, 2023, through which reforms were made regarding environmental consultation in the Regulations to the Organic Code of the Environment (hereinafter the […]
On October 26, 2023, the “Regulations for the assignment and transfer of rights of the mining concessions of the ENAMI EP” (hereinafter the “Regulations”) were published in the Official Gazette number 425. The following are the main elements of this regulation: 1.The proposal for an assignment and transfer process may come from a legal entity […]
On September 14, 2023, the “Regulation that regulates the procedure for the conclusion of commercial agreements of the national mining company ENAMI EP, for mineral processing plants” (hereinafter the “Regulation“) was published in Official Gazette No. 396. The following are the main elements of this regulation: Scope. – The Regulation regulates the procedure for concluding […]
The “Regulation for the procedure for the conclusion of commercial agreements of the national mining company ENAMI EP” (hereinafter the “Regulation“) was published in the Official Register on July 24, 2023. The following are the main elements of this regulation: The Regulation applies to any type of business model aimed at developing mining projects in […]
By ministerial agreement published on May 31, 2023, the Ministry of Energy and Mines (hereinafter the “MEM“) amended the “Instructive for the approval of projects for the design, construction, operation and maintenance of tailings deposits for medium and large scale mining”. a. Registration Engineering This reform incorporates the concept of registration engineering, which consists of […]
The President of the Republic issued Executive Decree number 754, dated May 31, 2023, regarding the environmental consultation, that reforms the regulations of the Organic Code of the Environment (hereinafter the “COAM” and the “Regulation“). The following are the main elements of this regulation: a. General i. Citizen participation is defined as a process to […]
The Ministry of Environment, Water and Ecological Transition has announced the reforms referring to citizen participation for environmental consultation in the regulations of the Organic Code of the Environment, which must go through the process of pre-legislative consultation prior to its entry into force. The following are the main elements of this[1] proposed regulation: a) […]
On November 28, 2022, decree No. 604 was issued with the procedure for applying a pre-legislative consultation before the issue of the executive branch’s normative acts of the Executive Branch. The following are the main elements of this regulation: 1- PURPOSE a) The purpose is to regulate the procedure for implementing the pre-legislative consultation, which […]
The Ministry of Environment, Water and Ecological Transition, issued the “Technical Standard of the Ecuador Zero Carbon Program with Organizational Scope”. Below, we present the most relevant points: Scope.- The Technical Standard is voluntary and applies to all types of people who carry out activities within Ecuador and who wish, to quantify, reduce and neutralize […]
On August 23, 2022, the Executive Decree No. 540 was issued, which contains the Reform to the Regulations of the Organic Law of the Public Electricity Service . Below, we present the most relevant points of Decree 540: Transmission by the private sector.– Decree 540 regulates the conditions under which transmission activities may be delegated […]