Oil & Gas Alert - September 2025
For more information, contact:
Themes
APPROVAL OF THE REGULATION “CONDITIONS FOR NOT INITIATING ADMINISTRATIVE SANCTIONING PROCEEDINGS IN HYDROCARBON MARKETING ACTIVITIES”
On September 15, 2025, Board Resolution No. 153-2025-OS/CD was published in the Official Gazette El Peruano, whereby the Supervisory Agency for Investment in Energy and Mining (“OSINERGMIN”) approved the Regulation “Conditions for the non-initiation of administrative sanctioning proceedings in hydrocarbon marketing activities” (hereinafter, the “Regulation”).
The purpose of the Regulation is to regulate the conditions under which OSINERGMIN may exempt the initiation of administrative sanctioning proceedings (hereinafter, “PAS”) in hydrocarbon marketing activities when the purpose of the inspection has been achieved with the effective correction of the detected non-compliance and the formal lifting of the administrative measures imposed, without affecting safety.
The Resolution applies to the following hydrocarbon marketing activities under the jurisdiction of OSINERGMIN's Regional Energy Supervision Division (DSR):
- Direct consumers of liquid fuels and/or other hydrocarbon derivative products (“OPDH”) with fixed or mobile facilities;
- Marketers of liquid fuels for aviation or marine vessels.
- Gas stations, floating gas stations, rural gas stations, service stations, LPG gas stations;
- Land and river transport of liquid fuels, OPDH, and LPG; Retail distributors and distributors of bulk and cylinder LPG;
- Direct consumers of LPG, LPG distribution networks, and LPG sales outlets;
- Retail outlets selling NGV (CNG and/or LPG), and direct consumers of NGV (CNG and/or LPG), CNG, and LNG;
- Establishments for the supply of NGV in integrated transport systems (CNG-C and/or CNG-L), natural gas compression stations, CNG and LNG filling stations, CNG transfer units, CNG decompression stations, LNG filling station operators, LNG filling station marketers, LNG regasification stations, LNG receiving stations, Direct Consumers of CNG and LNG; and
- CNG and LNG transport vehicles, mobile CNG, LNG, LNG-NG, and LPG units, and LPG distributors.
The Standard provides that, in inspections of facilities authorized to market hydrocarbons, PAS shall not be initiated for the violations detailed in Article 5 when, simultaneously: (i) the Regional Office has imposed an administrative measure that totally or partially restricts the activity; (ii) the administered party proves that the non-compliance has been corrected and compliance has been restored; (iii) the conduct has not caused actual damage to third parties or to the supervised infrastructure; and (iv) the Regional Office itself verifies such restoration and formally lifts the measure. In addition, the investigating body shall not initiate PAS proceedings while the request for lifting submitted by the administered party is pending.
Article 5 of the Regulation establishes that the exemption shall only apply to the following administrative offenses:
- Failure to comply with the provisions relating to the contracting and registration of non-contractual civil liability insurance policies.
- Failure to comply with obligations related to the SCOP (Order Control System).
- Failure to comply with regulations on the mandatory use of GPS in vehicles transporting crude oil, LPG, liquid fuels, and OPDH.
- Failure to comply with administrative mandates related to the requirement to provide information or make operational units available for inspection purposes.
- Failure to comply with commercial and safety obligations classified as highly critical in OSINERGMIN's DSR inspection strategy, or which led to the imposition of safety measures.
The General Management will approve and publish the oversight strategy (including the list of high-criticality obligations). The DSR will approve and publish the necessary report formats.
The exemption conditions apply to PASs in progress since the effective date and not to completed PASs. The DSR will conduct an annual impact assessment and publish its results.
The Regulation entered into force on Tuesday, September 16.