Adoption of the “Amendment of the Board of Directors Resolution Nº 090-2021-OS/CD which adopts the Mandatory Use of the Non-contractual Civil Liability Insurance Policy Module to which agents performing Hydrocarbon Activities are subject”
Resolution Nº 217-2021-OS/CD, published on October 15, 2021 in the Official Gazette “El Peruano” (“Resolution“), adopted the amendment of Resolution Nº 090-2021-OS/CD (“Resolution 090“), which adopted the creation and mandatory use of the Non-contractual Civil Liability Insurance Policy Module (“Module“), in which the agents that carry out Hydrocarbon Activities shall record the information related to the insurance policies that cover the hydrocarbon activity or activities they carry out, for each authorized facility.
According to Law 29946, Insurance Contract Law, the agents have the possibility of submitting, temporarily or in replacement of the documentation requested by the Module, diverse information for the accreditation of the existence of the contracted policy. In this regard, in order to align Resolution 090 with the aforementioned law, the Resolution introduced the following amendments:
– The single annex of Resolution 090 was replaced by Annexes 1 and 2, applicable to: (i) operating units registered in the Registry of Hydrocarbons and other applicable and (ii) Natural Gas Distribution Concessionaires by pipeline network, respectively.
– Agents engaged in the natural gas pipeline transportation activity were expressly excluded from the scope of application of Resolution 090, who are subject to the procedure adopted by Resolution Nº 166-2020-OS/CD.
– It was specified that the agents that do not have an insurance policy issued, due to the modality of their contracting, may register the provisional coverage documents of the existing policy, having to update the information recorded in the Module with the information of the corresponding insurance policy, once the provisional term agreed with the insurance company has expired.
In the same line, agents who do not have a payment schedule granted by the insurance company must register in the Module another document evidencing the payment of the existing policy.
– It was specified that in the case of Hydrocarbon Activities for which there is no obligation to register in the Hydrocarbon Registry, the agents must register the information related to their policies within thirty (30) calendar days after the issuance of the corresponding authorization for the development of their activity.
In the same line, in the case of the agents that carry out the activity of natural gas distribution by pipeline network, the registration of the information must be made at the latest one (01) day before the beginning of the execution of the works of the Distribution System.
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).
