He Executive power decided to promulgate this Friday the questioned Law 32213, which expands the Comprehensive Registry of Mining Formalization (Reinfo).
Days before, informal miners warned that if the rule was not promulgated by the Government, they would hold a protest on December 30. And so it was: after the controversial measure was made official, the informal miners of Camaná, in Arequipa, announced that they were suspending the force measure.
What implications does the law have?
The rule has been questioned by experts because it is considered that it does not solve the underlying problem. Reinfo came into effect in June 2017. Since then, 90,265 registrations were carried out, but only 2,108 were formalized; that is, 2.34% in seven years.
Despite this, Congress decided to approve the extension of the Reinfo and the Executive enacted it without observing it. The most important thing about the legal text published this Friday in El Peruano is that the process of formalizing small and artisanal mining ends on June 30, 2025.
This period may be extended, one time only, for an additional 6 months. To do this, only the Ministry of Energy and Mines will be required to issue a supreme decree.
The rule indicates that this formalization period is a “transitional framework until the enactment of the Small Mining and Artisanal Mining Law.”
Role of Minem
The Law establishes that the Ministry of Energy and Mines “is the governing body of the activity of small and artisanal mining.” Furthermore, it is established that the General Directorate of Mining Formalization exercises its functions and carries out the administrative procedures and actions required for its formalization.
Likewise, Minem is empowered to create and implement the Interoperable System for Small Mining and Artisanal Mining (SIPMMA), and the Single Window System for Mining Formalization.
According to the regulations, this system must be implemented by Minem within a maximum period of six months, and will serve to “supervise the operational traceability of minerals, explosives, chemical inputs and controlled products in small-scale mining and artisanal mining.”
Interoperable system
The System must be interoperable and interconnected between State entities to facilitate the identification of non-compliance and ensure the effective formalization of the activities regulated by the object of this law,” the standard indicates.
Once this system is established, another period of six months will be given to implement interoperability with the National Environmental Impact Assessment System (SEIA), the Mining Rights and Cadastre System (SIDEMCAT), the Integrated Environmental Control System ( SIFA) and the Single Window System for Mining Formalization.
The rule establishes that this system will be supervised by Minem, but will have the participation of the General Directorate of Mining Formalization, the National Police, and the National Superintendency of Control of Security Services, Weapons, Ammunition and Explosives for Civil Use (Sucamec). .
The National Superintendency of Control of Security Services, Weapons, Ammunition and Explosives for Civil Use (SUCAMEC), the National Superintendency of Customs and Tax Administration (SUNAT) and the Geological, Mining and Metallurgical Institute (INGEMMET) will also participate.
The system must have GPS so that entities have control of material, supplies and others. In addition, it is established that Reniec and the Financial Intelligence Unit “will provide relevant information to the System.”
Finally, the standard stipulates that “processing plants must be registered in the traceability registry and are subject to operational control under the SIPMMA, with the support of GPS technology as a key tool to verify operations and prevent deviations.”
Take advantage of the NEW EXPERIENCE, receive our enriched digital newspaper by mail and WhatsApp. Peru21 ePaper.
Now available in Yape! Find us at YAPE Promos.
RECOMMENDED VIDEO
