Minerals Report - International Seabed Authority

Minerals Report - International Seabed Authority Minerals Report - International Seabed Authority

05.02.2013 Views

• Ordinance number 195, of December 24, 1999, which establishes the criteria to be adopted from January 1, 2000 on, in order to distribute the 7.5 % share of the quota of the royalties to be paid due to the production of petroleum or natural gas that exceeds 5 % of such production, to those municipal districts affected by the embarkment or disembarkation of petroleum or natural gas; • Ordinance number 14, of February 1, 2000, which establishes the procedures for operational accidents and accidental pollutants spill reporting, to be followed by the concessionaires and other companies authorized to conduct activities related to oil and gas exploration and production; • Ordinance number 40, of March 1, 2000, which establishes the rules for the activity of the domestic transport of petroleum and its by-products by sea; • Ordinance number 75, of May 3, 2000, which approves the Regulation that deal with the procedure for the Codification of Wells drilled for the exploration or the production of petroleum and/or natural gas; and • Ordinance number 76, of May 3, 2000, which approves the Regulation that deal with the procedures for the Reclassification of Wells drilled for the exploration or production of petroleum and/or natural gas. Besides the legal diplomas and a broad scale of regulations setting the activities, the concession contracts also impose a series of obligations to the concessionaires. Thus, restricting ourselves only to the major responsibilities conceived at the concession contracts for exploration, development and production of petroleum and natural gas, during the production stage, we can mention the following obligations: • To notify the starting date of production until 24 hours after it occurs; • To prepare a monthly production bulletin, until the 15 th day of the month, pointing out the reasons for deviations bigger than 15 % in relation to the estimated output; INTERNATIONAL SEABED AUTHORITY 826

• To notify any problem that may avoid the measurement of the production; • To previously notify the drilling of wells; • To notify about the progress and the results of the works; • To notify any oil spill incident or any loss of natural gas; • To pay the participation fee accordingly and within the established deadlines; • To previously notify the end of the production phase due to economic reasons; • To present annually proofs of bookkeeping, inventory of assets and equipment, list of hired services, etc.; • To prepare an annual work plan and budget by October 31 of the previous year; and • To prepare an annual production plan by October 31 of the previous year. Regarding tributary matters, the new oil and natural gas legislation has introduced innovations. Specific taxes were either created or altered for the sector, such as the tax for the retention of areas, the taxation over the royalties, the special participation and the participation of landowners. These takes were conceived at Section VI, Chapter V of the “petroleum law”. The tax for the retention of areas or the payment for the occupation or retention of the area, which is its legal denomination, is inserted in the list of Governmental takes as mentioned in article 45 of the petroleum law, and is specified in article 51 of the same legal text. The criteria for the calculation and the collection of the tax area are determined in accordance to article 28 of the Presidential Decree number 2,705, of August 3, 1998. INTERNATIONAL SEABED AUTHORITY 827

• Ordinance number 195, of December 24, 1999, which establishes the<br />

criteria to be adopted from January 1, 2000 on, in order to distribute<br />

the 7.5 % share of the quota of the royalties to be paid due to the<br />

production of petroleum or natural gas that exceeds 5 % of such<br />

production, to those municipal districts affected by the embarkment or<br />

disembarkation of petroleum or natural gas;<br />

• Ordinance number 14, of February 1, 2000, which establishes the<br />

procedures for operational accidents and accidental pollutants spill<br />

reporting, to be followed by the concessionaires and other companies<br />

authorized to conduct activities related to oil and gas exploration and<br />

production;<br />

• Ordinance number 40, of March 1, 2000, which establishes the rules for<br />

the activity of the domestic transport of petroleum and its by-products<br />

by sea;<br />

• Ordinance number 75, of May 3, 2000, which approves the Regulation<br />

that deal with the procedure for the Codification of Wells drilled for<br />

the exploration or the production of petroleum and/or natural gas; and<br />

• Ordinance number 76, of May 3, 2000, which approves the Regulation<br />

that deal with the procedures for the Reclassification of Wells drilled<br />

for the exploration or production of petroleum and/or natural gas.<br />

Besides the legal diplomas and a broad scale of regulations setting the<br />

activities, the concession contracts also impose a series of obligations to the<br />

concessionaires. Thus, restricting ourselves only to the major responsibilities<br />

conceived at the concession contracts for exploration, development and<br />

production of petroleum and natural gas, during the production stage, we can<br />

mention the following obligations:<br />

• To notify the starting date of production until 24 hours after it occurs;<br />

• To prepare a monthly production bulletin, until the 15 th day of the<br />

month, pointing out the reasons for deviations bigger than 15 % in<br />

relation to the estimated output;<br />

INTERNATIONAL SEABED AUTHORITY 826

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