Through Ministerial Resolution No. 505-2023-MINEM/DM (“Resolution”), published on December 15, 2023 in the Official Gazette “El Peruano”, it was ordered the publication of the draft “Supreme Decree that amends Annex 4 of the Regulation of Hydrocarbon Transportation through Pipelines, approved by Supreme Decree N° 081-2007-EM” (the “Draft”).
The Draft seeks to modify the mechanism for obtaining compensation in case of emergencies in the activities of transportation of hydrocarbons through pipelines, in the interest of those affected by damages derived from such emergencies. The Draft adds the participation of the General Office of Social Management of the Ministry of Energy and Mines (the “OGGS”) which would be in charge of identifying those affected and would make an inventory of the damages caused, within 15 working days from the date of the incident, for which it could request information from the Transportation System Operator.
In that sense, the OGGS would value the damages caused and, based on such valuation, the Operator would make and agree the respective compensations with the affected parties. Such agreements must be communicated to the Energy and Mining Investment Supervisory Agency (the “OSINERGMIN”). Likewise, the Draft would grant the affected parties who do not agree with the proposed compensation amount the power to resort to the Judiciary. Then, the OSINERGMIN would be the competent entity to supervise compliance with the payment of such compensation.
Interested parties may send their opinions and suggestions in writing to the General Directorate of Hydrocarbons, located at Avenida De Las Artes Sur N° 260, district of San Borja, province and department of Lima, or to the following e-mail address: prepublicacionesdgh@minem.gob.pe, until January 4, 2024.
For further information, please contact Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com) and/or Talía Hormaeche (thormaeche@estudiorodrigo.com).
