Wholesale Producers and Distributors that have their own or contracted storage capacity at the national level are exempted from complying with the obligation of stocks provided for in the Regulation for the Commercialization of Liquid Fuels and other products derived from Hydrocarbons, adopted by D.S. Nº 045-2001-EM
By Ministerial Resolution Nº 377-2022-MINEM/DM (“Resolution”), published on October 14, 2022 in the Official Gazette “El Peruano”, Wholesale Producers and Distributors of Liquid Fuels and Other Products Derived from Hydrocarbons that have their own or contracted storage capacity at national level (“Agents”) are exempted from complying with the obligation of stocks provided for in 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 (“Regulation”).
The aforementioned article provides for the obligation of Agents 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.
Given the local and international situation; the climatological effects that have been causing the closure of the ports that receive imports of Hydrocarbons that feed the facilities of the National Inventory of Critical Assets that supply our domestic market and contribute to the energy security of our country; and the confirmation of OSINERGMIN regarding the situation of Liquid Fuels inventories of some Supply Plants and/or Terminals below five (5) calendar days of average dispatch; it is presumed that the supply of Diesel B5, Gasoline and Turbo to the domestic market could be affected, generating a serious damage to the interests of the Nation.
Pursuant to Article 2 of Supreme Decree Nº 001-2011-EM, the Ministry of Energy and Mines may establish transitory measures that exempt the compliance with certain sectorial provisions when a serious impact on the security or supply of Hydrocarbons is foreseen or verified in the national territory, in a particular area, the paralysis of public services or the attention of basic needs.
In this sense, the Resolution agreed to exempt the Agents from complying with the obligation contained in Article 43 of the Regulations, for a period of twenty (20) calendar days, counted from the publication of the Resolution.
Likewise, the Resolution provided that the Agents shall have a term of up to fifteen (15) calendar days after the expiry of the term mentioned in the preceding paragraph to comply with the provisions of Article 43 of the Regulations.
Any query on the 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).
