OSINERGMIN approves protocol for monitoring mining and energy activities during the State of National Emergency
On March 28, 2020, the Board of Directors Resolution No. 033-2020-OS/CD was published in the Official Gazette “El Peruano”, which approves the “OSINERGMIN Supervision Protocol during the state of national emergency decreed in the country as a result of the outbreak of COVID 19” (the “Protocol”). Among the most outstanding provisions of the Protocol are the following:
1. During the State of National Emergency (“EEN”), declared by Supreme Decree No. 044-2020-PCM, the OSINERGMIN may supervise activities in the mining and energy sector other than those covered by the EEN, giving priority to the following:a. In energy, measures to ensure:
– The continuity of the public electricity service.
– The continuity of the public natural gas service.
– The supply of LPG and other fuels.
b. In mining, those arising from emergency situations in mining units that are conducting critical operations.
2. Such monitoring shall be carried out remotely and, exceptionally, in person. In the cases of remote supervision, the administrators will be obliged to provide the information required by OSINERGMIN through the systems and platforms implemented for that purpose (e.g. calls, email, videoconferences, WhatsApp, etc.).
3. Prior to conducting on-site monitoring, OSINERGMIN shall assess whether: (i) monitoring is among the prioritized activities; (ii) remote monitoring is ineffective for its purposes; and, (iii) whether the facilities to be monitored pose health risks for OSINERGMIN personnel or supervisors.
4. In the framework of the supervisory measures provided for in the Protocol, OSINERGMIN may impose administrative measures without prejudice to any administrative sanctioning procedure that may be appropriate.
5. The OSINERGMIN may initiate administrative sanction proceedings for infringements detected during the EEN after the suspension period approved by the Emergency Decree No. 029-2020 (i.e. May 6, 2020). In this regard, the Protocol considers the following as specific breaches during the EEN: (i) failure to comply with the administrative measures ordered; (ii) failure to provide the required information; (iii) failure to ensure the normal conduct of supervision; or, (iv) not to report emergency reports.
