3 LOS ACUERDOS COMERCIALES DE ECUADOR Y
3.1 La Incidencia de los Acuerdos Comerciales de Ecuador
Chapter 1
Spatial planning on mining areas
Art. 104
1. The mining areas and mining protective areas shall be considered in the study of conditions and directions for spatial management plan of the municipality and in local urban spatial development plan.
2. If as a result of the intended activity specified in the concession, the important effects for the environment, for the mining area or a part thereof are foreseen, the local urban spatial development plan may be prepared, based on the provisions of spatial
management .
3. The expected environmental effects of the activities specified in the concession shall be defined in the eco-physiographic study prepared for the needs of the study of
conditions and directions of spatial management plan of the municipality and on the basis of the deposit management plan.
4. The plan referred to in par. 2, without prejudice for the requirements of other
regulations, should ensure the integration of all activities undertaken within the mining area in order to:
1) implement the activities specified in the concession; 2) ensure public safety;
3) protect the environment, including buildings. 5. The plan referred to in par. 2, may in particular specify:
1) objects or areas for which the protective pillar is determined, within the
boundaries of which the operations of the mining plant may be prohibited or may be allowed only in a manner to protect these facilities or areas;
2) the areas excluded from constructions or within which buildings is allowed only after fulfilling the relevant requirements, the cost of meeting these requirements shall be covered by the entrepreneur.
6. The costs of drafting the plan referred to in par. 2, shall be covered by the entrepreneur.
Chapter 2
Operation of the mining plant Art. 105
1. The operation of the mining plant is conducted in a manner consistent with the law, in particular on the basis of a mining plant operation plan, and according to principles of mining technology.
2. The mining plant operation plan shall not be prepared:
1) if the concession was granted by the Starost - in this case, the operation of the mining plant shall be carried out under the conditions specified in the concession; 2) if the geological works for prospecting for or exploration of the mineral
deposits are performed without the use of the explosives, at a depth of up to 100 m, outside the mining protective area - in this case the operation of the mining plant is performed under the conditions of the concession or the decision approving the geological works plan.
Art. 106
For the design, construction, maintenance and demolition of buildings of mining plants, the provisions of construction law, and accordingly the provisions of this chapter and chapter 5 shall apply.
Art. 107
1. If it is not opposed to the conditions specified in the concession, the operator may change the deposit development plan. Changes are made in the form of a
supplement to the plan.
2. The entrepreneur shall submit in supplement to the deposit development plan to the concession authority at least 30 days prior to the implementation of the intended changes.
3. When it is required by the needs of rational mineral deposit management or the protection of the environment, within the frame of 30 days from the submission of the supplement to the mineral deposit management plan, the concession authority,
by the way of decision, prohibits its implementation.
Art. 108
1. The plan of the mining plant operation shall be prepared by the entrepreneur separately for each of the mining plants.
2. The mining plant operations plan specifies:
1) the organizational structure of the mining plant, in particular by indicating positions of management and operation supervision;
58 2) specific activities necessary to ensure:
a) performing of activities covered by the concession, b) public safety,
c) fire safety
d) the safety of persons residing in the mining industry, in particular concerning health and safety,
e) rational management of the mineral deposit, f) protection of the environment,
g) protection of buildings,
h) prevention of damage and repair.
3. The mining plant operation plan shall be subject to the conditions determined in the concession and the deposit development plan, and in the case of :
1) geological works, which do not subject to concessions - taking into account the conditions determined in the project of geological works; 2) the activities referred to in Art. 2 par.1 - taking into account the local conditions of its performance.
4. If within the boundaries of the mining area the performance of works connected with the exploration of mineral deposits or prospecting for the mineral deposits or groundwater is planned, or if the mining areas are adjacent to each other, in the mining plant operations plan the interdependencies that occur are taken into account and provides the appropriate organizational and technical measures, necessary to ensure the safety of work and general safety and protection of individual mineral deposits and other environmental elements.
5. If the mining plant is composed of at least 2 independently operating parts, the operation plan of such plant defines the data covered by the plan separately with reference to its individual parts.
6. The mining plant operation plan shall be prepared for the period from 2 to 6 years or for the entire planned duration of the operations, if it is shorter.
7. The request for approval of a mining plant operation plan shall be submitted to the mining supervision authority competent for the place of performance of works covered by the plan, and if the works will be performed on the area under the supervision of at least 2 mining supervisors authorities - mining supervision authority competent for the seat of the mining plant.
8. The request for approval of a plan of a mining plant shall be submitted at least 30 days before the intended commencement of the works.
9. The application for approval of a mining plant operation plan shall be accompanied by:
1) 2 copies of the plan, signed by the entrepreneur and the manager of the mining plant operations, which will implement the plan;
2) copies of decisions required for the intended works issued by other authorities, in particular regarding the environmental protection.
59
10. Along with the application for approval of a mining plant operation plan, a copy of the concession and the deposit management plan shall be delivered for review,
in the case of geological works, which do not require concessions - a project of geological works.
11. The mining plant operation plan is approved by the competent mining supervision authority, by the way of decision, after obtaining the opinion of the competent head of municipality (mayor, town president).
12. The Mining Supervisory Authority shall send to the concession authority a copy of the decision approving the mining plant operation plan.
Art. 109
1. Any modifications of the mining plant operation plan shall be done in the form of an addition to the plan, within the procedure:
1) foreseen for the approval of the mining plant operation plan;
2) simplified - if the changes do not affect the public safety, fire safety, safety of persons residing in the mining plant, mining plant operation safety, the deposit management, environmental protection, construction works, protection of buildings and damage prevention and repair .
2. In the case referred to in par. 1 point 1, the opinion referred to in Art. 108 par.11, is not required if the changes of the mining plant operation plan will not cause negative impact on the environment and building structures.
3. The mining supervisory authority shall send to the concession authority a copy of the decision approving the addition to the mining plant operation plan, concerning the deposit management or having an impact on the environment.
4. In case of introducing changes in the mining plant operation plan within the simplified procedure:
1) in addition to mining plant operation plan shall be signed by the manager of operations of the mining plant, which implements the plan, and shall be approved by an
entrepreneur;
2) the additions to the mining plant operation plan, approved by the entrepreneur are recorded in card of modifications;
3) the current card of modifications, including the approved additions to the mining plant operation plan shall be submitted to the competent mining supervision authority not less frequently than quarterly.
Art. 110
Minister responsible for environment shall specify, by the way of ordinance, detailed requirements for the contents of the mining plant operation plan and the plan of
liquidated (liquidated marked part thereof) of a mining plant, making division depending on the type and method of performed activities and taking into account the specificity of activities performed within the boundaries of maritime areas of the Republic of Poland, guided by the need to ensure the requirements of Art. 108 par. 2 and Art. 129 par. 1, and determine the elements of the mining plant operation plan, the changes of which were done within the simplified procedure
guided by the need to ensure that the requirements set out in Art. 109 par. 1 point 2.
Art. 111
1. Withdrawal from the approved mining plant operation plan is permitted only in the event of a hazard on safety of operations of the mining plant or part thereof, public safety or the environment.
2. In case of withdrawal from the approved mining plant operation plan the
entrepreneur shall immediately take the actions necessary for health protection and human life protection, to secure the buildings of the mining plant, general safety and environmental protection. These actions cannot be non-compatible with the principles of the mining techniques as well as with the health and safety rules.
3. An entrepreneur shall immediately inform the competent mining supervision authority and the authority of agreeing or giving the opinion about the withdrawal. When appropriate, the competent mining supervision authority may, by the way of decision, which is subject to immediate execution, determine the manner, scope and fixed date of performance of duties referred to in par. 2.
Art. 112
1. The operations of the mining plant is carried out under the direction and supervision of persons possessing the required qualifications.
2. The persons performing the activities within the operations of the mining plant are trained in the scope and regulations of occupational health and safety, including safty of carrying out their activities. These persons can not be allowed to work within the mining plant operations, if they do not demonstrate a sufficient knowledge of these laws and rules.
3. The trainings are organized and conducted by the entrepreneur or on his request the organizational unit responsible for trainings.
4. Who performs the trainings of persons responsible for the mining plant operations is obliged to have appropriate staff and the necessary means to provide appropriate training.
5. The training of persons referred to in Art. 53 par. 6, and the staff from the
management and supervision on the operations of underground mining plant is based on training programs, approved by the way of decision, by the competent supervisory mining authorities. Refusal of the approval may occur when the training program does not provide trainees the necessary transfer of information on the proper
implementation of activities in the mining plant.
Art. 113
1. In the operations of the mining plant the products shall be used which: 1) meet the requirements for conformity assessment, as defined in separate regulations, or
2) have been specified in regulations issued under the par. 15, meets the technical specifications set out in these regulations, hereinafter referred to as "technical requirements", have been approved for use in mining plants and marked as specified in these regulations, or
3) are defined in regulations issued under Art. 120 par. 1 or 2 and meet the requirements of those provisions.
2. The decision on approval of the product to be used in the mining plants, hereinafter referred to as "approval", shall be issued by the Head of State Mining Authority, if the product meets the technical requirements.
3. Before submitting an application for approval the product is subject to testing, on the basis of technical requirements at an accredited unit certifying the individual products. 4. If the product was:
1) produced or put into circulation in another Member State of the European Union or in the Republic of Turkey in accordance with the law,
2) manufactured in accordance with the law in Member States of the European Free Trade Association (EFTA) countries party to the Agreement on the European Economic Area
- The Head of the State Mining Authority shall issue an approval on the basis of documents accompanying the application, excluding the provisions of par. 2 and 3. Refusal of approval is possible only if it is determined that the product does not meet the safety requirements to the extent of this, which are provided in technical requirements. 5. The parties authorized to submit an application for the approval are:
1) The manufacturer or his authorized representative, within the meaning of Art. 5 point 5 of the Act of 30August 2002 on the Conformity Assessment System (O.J. 2010, No.138/935 and 2011, No. 102/586), distributor or importer of the product, hereinafter referred to as "suppliers of the product";
2) The supplier of the final product - in the case of products consisting of components made by different manufacturers;
3) an entrepreneur who produced or purchased the product and intends to use it within the mining plant operations, or other entity that produced or purchased a product - in the case of products made or purchased individually.
6. The application for granting the approval includes: 1) description of the product;
2) identification of the entity applying for granting the approval, by indication of its legal form and proof of its existence, in particular an extract from the relevant register, and its headquarters, as well as persons authorized to act on its behalf, by giving their name and official position;
3) identification of the producer of the product, its registered office and place of the product origin.
7. The application for granting the approval shall be accompanied by the following documents prepared in Polish language:
62
1) a general description of the product with an indication of the proposed location of the approval sign;
2) necessary calculations of the design parameters affecting the safety of use of the product in terms of hazards in the mining plant operation;
3) drawings or diagrams of the product, its systems and components, which determine the occupational health and safety and fire safety;
4) results of tests of the product;
5) a statement of the producer or entity listed in the par. 5, point 3 - in the case of production of the individual product, concerning the compliance of the product with technical requirements, or declaration of compliance of the product with the safety, to the extent ensured by the technical requirements - in the case of devices referred to in par. 4;
6) documents proving the conformity assessment, if required by separate regulations, including those issued under the Act of 30August 2002, on the conformity
assessment system;
7) quality management system certificate or the information on the manner of proving the repeatability of characteristics of the product - for the production of more than one copy of the Art.;
8) a technical documentation of the product containing the following information required for the proper and safe use:
a) technical specifications,
b) identification of hazard posed by the product during its application, c) instructions for safe use of the product and information on the need of taking special safety measures
d) the conditions of use of the product, taking into account the manner of carrying out inspection, maintenance, repair and adjustment.
8. In the case of devices referred to in par. 4, instead of the documents listed in par. 7, point 4, to the application for approval one shall attach documents prepared in Polish language and constituting basis of the production or release of the product on the market, in particular the results of its tests.
9. If it is required by the special occupational health and safety considerations and fire safety in the mining plant operation, the Head of the State Mining Authority may order prior to approval, by the way of regulation, testing of the product in the mining plant operation .
10. The approval is granted for the undefined period of time. 11. The approval determines:
1) the product;
2) the scope and conditions of use of the product;
3) the approval sign and a permanent and legible manner of fixing the approval sign on each unit of product;
4) the documents that the supplier of the product is obliged to transfer the user; 5) the archiving time of the documents referred to in par. 7, by the entity referred to in par. 5 and conditions of its presenting;
6) the range of allowed changes to a product, possible to be implemented, within the validity period of approval, by the producer or an entity referred to in the par. 5, point 3 - if the product is produced individually.
12. The changes referred to in par. 11 point 6, may not relate to:
1) reduction of the strength of individual elements of the product; 2) the products characteristics, modification of which can cause a
limitation of the scope of its use or requires a change in the conditions of its use;
3) the equipment of the product that is used to combat natural hazards and fire hazards;
4) mechanical and electrical security devices of the product, if it lowers the level of safety;
5) the place of service and its security as well as systems of product’s control;
6) covers of the moving parts of the product; 7) the scope of the product’s use.
13. In the case of implementation of modifications in the approved product by the entities referred to in par. 5, the entity implementing the modification shall notify the entity responsible for the product’s research, and the Head of the State Mining Authority.
14. If the product does not meet the technical requirements, which affects the level of its safety, the Head of the State Mining Authority may revoke or modify authorization.
15. The Council of Ministers, following the need to ensure the public safety, safety of the mining plant operation, including the safety of persons performing operations in the mining plant, shall define in the way of the ordinance :
1) a list of products;
2) technical requirements for the products;
3) approval signs and the manner of determining the product with the approval signs.
Art. 114
1. Delivering into service in the mining plant operations of the machinery, equipment and walls, as well as making their major design changes or major changes in basic conditions in which they operate, requires a permit mining plant operations manager.
2. Delivering into service in the mining plant operations of the basic facilities, machinery and equipment and walls, as defined in regulations issued under Art. 120 par. 1: the basic facilities, machinery and equipment, underground mining plant facilities forming the walls, carried out in special conditions and facilities of underground mining plant