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 of small-scale metal mining.

Purpose.- The purpose of the Regulation is to regulate the activities of waste pickers of sterile mine waste in order to recognize their role as part of the integral management of this type of waste, through the improvement of the technical, environmental and social conditions of their trade.

Recognition of recyclers.- Recyclers are recognized as the natural or legal person who is dedicated directly and habitually, individually or through associations, to perform manual work of selection of mining waste of sterile material also known as “jancheo” for subsistence, after which, said waste will be recycled in processing plants with mercury-free metallurgical processes.

Recognition of the activity of “jancheo” for the holders of mining rights of concessions.- The holders of mining rights of concessions must identify the Recyclers who are located within the surrounding area or near their facilities, at least at the parish level (hereinafter “Surrounding Area“), in order to determine with whom the Environmental Alliance agreement will be signed, and the jancheo activity or the delivery of the waste for jancheo will be incorporated respectively, within its environmental permit with the respective notification to the National Environmental Authority, as a measure of community relations. If there are no Recyclers of this type of waste, the holder is exempted from the incorporation of the activity to the environmental permit.

Recognition of the activity of “jancheo” for the owners of processing plants.- The holders of processing plants must identify the Recyclers that are located in the Surrounding Area, to receive the mining waste of sterile material for recycling, and incorporate said reception within their environmental permit with the respective notification to the National Environmental Authority, as a measure of community relations. If there are no Recyclers of this type of waste, the holders of the processing plant are exempted from this disposal.

Environmental Certificate.- Recyclers must not have an Environmental Registration or Environmental License, they will need an Environmental Certificate with the guide of good environmental practices.

Environmental Alliance.- Recyclers and title concession holders may sign an Environmental Alliance agreement for Recyclers to access the dumps within the concession. If the Agreement involves the delivery of sterile material outside the concession, Recyclers must become environmental managers. The processing plants must receive the sterile material that comes from Recyclers with Environmental Alliance agreements.

Non-economic incentives.- Title concession holders and processing plants that within their Community Relations Plans have considered actions with Recyclers, will be able to access non-economic environmental incentives, which will entail the simplification of administrative processes in favor of the beneficiary.

Economic incentives.- The title concession holders or processing plants that are qualified as economic agents of the Central Bank of Ecuador and that in their metallurgical method process mining waste of sterile material collected by the Recyclers, to obtain mercury-free gold, will be able to access available economic credits adapted to the needs of the small scale mining sector.

Validity.- The Regulation will enter into force within a period of 18 months since August 4, 2020.