Oil & Gas Alert – March 2022

The obligation to commercialize Diesel Nº 2 with 5% of Biodiesel is exempted and several provisions are issued

By Ministerial Resolution Nº 095-2022-MINEM/DM («Resolution»), published on March 11, 2022 in the Official Gazette «El Peruano», the Ministry of Energy and Mines («MINEM») adopted the following temporary exceptions to avoid affecting the supply of Liquid Fuels in the national territory, since one of the cases set forth in Article 2 of Supreme Decree Nº 001-2011-EM has been established:

• The operators of the Supply Plants that blend Diesel Nº 2 with Biodiesel B100, the Wholesale Distributors and Fuel Retail Establishments that commercialize said product were exempted from compliance with the provisions of Article 9 and the second paragraph of Article 13 of the Regulation for the Commercialization of Biofuels, adopted by Supreme Decree Nº 021-2007-EM, which regulates the obligation to commercialize Diesel Nº 2 with 5% of Biodiesel.
• Wholesale Producers and Distributors that have their own or contracted storage capacity at national level were exempted from complying with the provisions of Article 43 of the Regulation for the Commercialization of Liquid Fuels and Other Products Derived from Hydrocarbons, adopted by Supreme Decree Nº 045-2001-EM («Commercialization Regulation»), referred to the obligation to maintain in each Supply Plant a minimum monthly average stock of each stored fuel equivalent to fifteen (15) calendar days of its average dispatch of the last six (6) calendar months prior to the month of calculation of the stock, and in each Supply Plant a minimum stock of five (5) calendar days of the average dispatch in such Plant.

The aforementioned exceptions shall be in force since their publication in the Official Gazette «El Peruano», for a period of thirty (30) calendar days; that is, from March 11, 2022 to April 9, 2022. In the event that the conditions that motivated the measures adopted by MINEM change, the General Directorate of Hydrocarbons may rescind the exceptions or extend their validity for up to sixty (60) additional calendar days.

At the end of the term of the Resolution, the Wholesale Producers and Distributors of Fuels and Other Products Derived from Hydrocarbons shall have a term of up to twenty (20) working days to comply with the provisions of Article 43 of the Commercialization Regulation.

Any questions on this matter may be answered by doctors Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com) and/or Talía Hormaeche (thormaeche@estudiorodrigo.com).