ENAMI Trade Agreement Regulations

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 […]

REFORM OF THE TAILINGS DEPOSIT INSTRUCTIVE FOR MEDIUM AND LARGE SCALE MINING

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 […]

Reforms to the regulations to the Organic Code of the Environment for the Environmental Consultation

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 […]

Reform of the regulations to the Organic Code of the Environment

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) […]

PRE-LEGISLATIVE CONSULTATION TO INDIGENOUS PEOPLES IN CASES OF POSSIBLE AFFECTATION OF THEIR COLLECTIVE RIGHTS

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 […]

TECHNICAL STANDARD OF THE ECUADOR ZERO CARBON PROGRAM

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 […]

Reforms to the Regulations of the Organic Law of the Public Electricity Service

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 […]

Regulation for the Management of Mining Waste of Sterile Material by Recyclers in the Special Regime of Small-Scale Metal Mining

Through an inter-ministerial resolution No. MAATE-MEM-2022-001, published in supplement No. 120 of the Official Gazette of August 4, 2022, the Ministry of the Environment, Water and Ecological Transition and the Ministry of Energy and Mines issued the regulation for the integral management of mining waste of sterile material by the recyclers in the special regime […]

Judgment of the protection action in relation to mining activities in Loma Larga

On July 2, 2022, the constitutional judge of the Judicial Unit of Labor Law of Cuenca notified the written judgment by which it partially accepted the constitutional protection action filed against certain mining concessions located in the Quimsacocha highlands or Loma Larga . The judgment ruled on the violations alleged by the plaintiffs regarding the […]

PUBLIC POLICY OF THE ELECTRICITY SECTOR

By Ministerial Agreement No. MEM-MEM-2022-0024-AM, published in Official Gazette No. 91 of June 24, 2022, the Ministry of Energy and, issued the “Public Policy of the Electricity Sector. Below, we present the most relevant points of Public Policy: Purpose and scope of application. – Public Policy is applicable in any act disposed to the administration, […]