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Minerals Report - International Seabed Authority

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g. Ordinance number 10 that regulates the special participation of the<br />

Government as part of its take;<br />

h. Ordinance number 174 that establishes the procedures for<br />

exploration and production concession agreements;<br />

i. Ordinance number 176 that establishes abandonment procedures;<br />

j. Ordinance number 195 that establishes the criteria for distributing<br />

excess royalties to municipal districts;<br />

k. Ordinance number 14 of 2000 that regulates the treatment of<br />

accidents and oil spills;<br />

l. Ordinance number 40 of 2000 that establishes rules for the<br />

transport of petroleum and its by-products by sea;<br />

m. Ordinance number 75 of 2000 that regulates the codification of<br />

wells, and<br />

n. Ordinance number 76 of 2000 that regulates the reclassification of<br />

wells.<br />

Dr. Viera de Macedo described some of the ordinances and the<br />

teething problems of implementing the petroleum law, especially from the<br />

perspective of Petrobras. These included the lack of personnel to analyse<br />

environmental impact assessment studies, and other matters including the<br />

application of Government takes etc. He said that for the purposes of the<br />

workshop, the most relevant ordinances were 188, 174, and the requirements<br />

contained in the concession agreement.<br />

He said that ordinance number 188 of 1998 is that which regulates<br />

data acquisition. He said that the ANP, the body that authorizes prospecting<br />

and exploration in Brazilian waters, is the depositary for data and<br />

information from prospectors and concessionaires. He said that to acquire<br />

data on any area, the authorization is given to a specific company.<br />

He said that a company that receives authorisation to prospect an area<br />

is required to provide information such as legal documents on its<br />

establishment and proof of its technical and operational capabilities. He said<br />

that the company has to indicate where prospecting will take place and the<br />

commodity that it is interested in. In addition, he said that the company has<br />

to submit a detailed schedule of the work it proposes to carry out, a summary<br />

of the geologic information and data that it has on the area, the reasons for<br />

INTERNATIONAL SEABED AUTHORITY 844

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