HIDROCARBUROS Decree 44/91 Regulate the transport of hydrocarbons renamed by pipelines, gasoduuctos, polyducts and/or any other service provided by means of permanent and fixed facilities for the transport, load, dispatch, capture infrastructure, compression, conditioning and treatment of the same. General provisions. Operation Regime of Oleoducts and Poliductos. Obligations and Responsibilities of the Carrier. Control and control. Sanctionary regimen. Transitional provisions.
Bs. As. 7/1/91
VISTO Law No. 17.319, Law No. 23.696 and Decrees No. 1.055/89, 1.212/89 and 1,589/89 and
That the policy implemented by the National Government on hydrocarbons is based on the deregulation of the parameters governing the activity, thus establishing the free availability and marketing of hydrocarbons.
That the scheme adopted in this regard is based on the full functioning of the rules of the market and on the free competition, all in the framework of the opening of the national economy.
To that end, the granting of concessions of exploitation, the reconversion of the contracts of exploitation, the free availability option for the contracts signed in the terms of Plan Houston, the association of Petroliferous Taxes S.A. in the so-called central areas, thus increasing the participation of private capital in this activity, also seeking to increase the level of reserves and optimize the production of hydrocarbons.
That the policies and programmes detailed above require the integration and effective economic development of each phase of the oil industry.
In this regard, the transport of hydrocarbons becomes a determining factor in commercial operations, the same must be adapted to the new modality in the production, processing and marketing of hydrocarbons.
That the current system of transport of hydrocarbons by pipelines, polyducts and gas pipelines has monopoly characteristics, being operated mostly by Petroliferous Taxes S.A. and Gas of the S.A. State, being in turn these Societies of the States that own the facilities inherent in this system.
Such monopoly features require ensuring the interests and rights of the users of the transport system, as well as establishing a regulatory and regulatory framework of activity, including it to the loaders and transporters.
That for the effective deregulation of the activity it is necessary to limit the priority of S.A. Petroleum Deposits for the transport of its own production.
It is up to the Authority for the Implementation of Act No. 17.319 to exercise control and control over the matter, thereby giving it the powers, powers and means that permit it.
That on the basis of the characteristics that are characteristic of both the transport of liquid and gaseous hydrocarbons and according to the different factors related to their operativity, it is pertinent to the development of particular norms and technical conditions for each of them.
That the next deregulation of the oil industry makes it necessary to establish the operating and tariff framework to ensure the transport of hydrocarbons to those who so require.
That Law No. 23.696, Law No. 17.319 and Decrees No. 1.055/89, 1.212/89 and 1,589/89 give powers for the dictation of the present.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1 -
Regulate the transport of hydrocarbons carried out by pipelines, pipelines, polyducts and/or any other service provided by means of permanent and fixed facilities for transport, cargo, dispatch, capture, compression, conditioning and treatment of hydrocarbons, in accordance with the provisions of this Decree.
CHAPTER I - GENERAL PROVISIONS Art. 2° -
Refer to the Under-Secretary of Energy of the Ministry of Economy of the Nation the application and exercise of these regulations as the Authority of Application established in Article 97 of Law No. 17.319. Art. 3° -
The scope of the application of this regulation to the pipelines, pipelines, polyducts and/or any other permanent and fixed installation for the transport, cargo, dispatch, infrastructure of capture, of compression, conditioning and treatment of hydrocarbons, directly related to the transport by ducts by which the company has been granted or granted a concession of transport or authorization for its construction and operation to the individual companies Art. 4° -
The Implementation Authority shall exercise administrative and technical regulation, control, control and verification of the transport of hydrocarbons by pipelines, gas pipelines, polyducts and/or any other relevant and fixed installation for transport, cargo, dispatch, capture, compression infrastructure, conditioning and treatment of hydrocarbons, subject to the general legislation and existing technical standards, without prejudice to the other legal powers and competences established by the Authority. It shall exercise its functions exclusively so that there shall be no concurrent competence in matters assigned to it by this Decree. Art. 5° -
Carriers will pay annually and in advance a rate to be set by the Implementation Authority on the basis of estimated income for the entire hydrocarbon transport system. The proceeds of the application of this rate shall be intended to meet the costs incurred in the exercise of the regulatory, control and control framework and the police power by the Commissions which the Implementation Authority shall create for that purpose. Art. 6° -
The following terms shall be governed as appropriate:
Ducto: It is a part of a transport system consisting of a pipe, usually metal and its main components, including the insulation valves.
Oleoduct: It is the duct for the transport of crude oil from the point of load to a terminal or another pipeline, and it includes the necessary facilities and equipment for such transport.
Gasoduct: It is the duct for the transport of natural gas and/or gaseous oil products, from the point of load to a terminal or another gas pipeline and that includes the equipment necessary for such transport.
Polyduct: It is the duct for the transport of products derived from crude oil from the point of load to a terminal or another polyduct and that includes the necessary facilities and equipment for such transport.
Fixed and Permanent Installations: It consists of all facilities and installations attached to the ground, which constitute the functional package of transport of hydrocarbons by ducts between specified points and which are constituted by the own ducts, including its derivations, extensions, storage facilities, pumps, equipment and installations of load and discharge and maritime terminals of any type and eventually related rivers, infrastructure of capture, of installations, use other means This definition does not include any goods or installation related to the exploitation, processing or refinement of hydrocarbons, ports not linked to the transport by ducts, trucks, railways, ships and any other means of transport for hydrocarbons, whether land or sea.
Crude oil: For the purposes of transport means the treated product, dehydrated, degassed, tanked, rested and stabilized.
Liquid Hydrocarbons: Crude oil and crude oil products are required.
Underground: Except clarification on the contrary means UN (1) cubic meter of crude oil to 15o C.
Carrier: It is the natural or legal person, company of the State or society of the State, its singular or universal successors, holders in all or part of a concession of transport or authorization to build and operate a system of transport.
Charger: It refers to the transport user.
Maximum Transport Capacity: It is the operational capacity informed by the conveyor depending on the condition of the pipes and their related and complementary installations, verified and approved by the Application Authority.
Capacity Available: The difference between the maximum transport capacity of the duct and the specific requirements of the conveyor approved by the Implementing Authority. (Article 43 of Law No. 17.319).
Loading point: It is the point from which the hydrocarbons to be transported pass from the loading system to the conveyor.
Return point: is the point from which the transported hydrocarbons pass from the conveyor system to the return receiver.
Rate: It is the retribution that the shipper must pay to the transporter for the transport, storage, load and dispatch, capture, compression, conditioning and treatment of hydrocarbons.
Transport: is the displacement of hydrocarbons, made from the place of reception or capture the place of delivery or return, to onerous title, by means of pipelines, pipelines or polyducts.
Authorization: It is the legal qualification for the construction of ducts by the respective state company, either directly or through its contractors.
Concession: It is the agreed right to a particular provided for in Title II, Section 4 of Law No. 17.319. Art. 7° -
The Implementation Authority shall exercise the following powers and functions:
(a) Apply, interpret and enforce the laws, decrees and other regulations governing the transport of hydrocarbons by pipelines, pipelines, polyducts and/or any other permanent and fixed installation for transport, cargo, dispatch, capture, compression, conditioning and treatment of hydrocarbons.
(b) Dictate the regulations and approve the technical standards of coordination and complementation for the design, construction, operation and abandonment of pipelines, gas pipelines, polyducts and/or any permanent and fixed installation for transport, load, dispatch, capture infrastructure, compression, conditioning and treatment of hydrocarbons
(c) Provide the protection of property and the environment and public safety and the personnel of the transporter in the construction, operation and abandonment of pipelines, pipelines, polyducts and/or any other permanent and fixed installation for the transport, cargo, dispatch, capture infrastructure, conditioning and treatment of hydrocarbons.
(d) Establish the basis for the calculation of tariffs and conditions for the presentation of the transport service.
(e) Approval of fees applicable to shippers for the transport services of hydrocarbons by pipelines, pipelines, polyducts and/or any other permanent and fixed installation for transport, cargo, dispatch, capture infrastructure, compression, conditioning and treatment of hydrocarbons.
(f) Preventing anti-competitive, monopolistic, discriminatory and uneven behaviours between transporters and shippers.
(g) To monitor and monitor the submission of services, to ensure the maintenance of such services under the conditions laid down in the present and to ensure respect for the modalities, restrictions and limitations imposed by this Decree and the regulations accordingly.
(h) Control and approve the conditions and specifications established by transporters to shippers for the use of the service
(i) Establish standards to ensure and control the quality, operation and technical compatibility of fixed and permanent facilities used for the provision of services.
(j) Resolve administratively the complaints and claims of carriers, shippers or other interested parties on matters falling within their competence. To that end, it may hold public hearings by quoting the parties involved, making statements to witnesses and collecting evidence that it deems necessary or appropriate to fulfil its functions, ensuring the consideration of all the topics involved and the granting of opportunity to the parties concerned to present their views.
(k) To advise the NATIONAL EXECUTIVE PODER on conditions, requirements and procedures for the granting, extension and declaration of expiry or nullity of transport concessions.
(l) To investigate, grant, approve transfers, extend, renew or revoke authorizations to natural or legal persons for the construction and operation of pipelines, pipelines, polyducts and/or any other permanent and fixed installation for transport.
(ll) Temporarily suspend the operation of pipelines, pipelines, polyducts and/or any other permanent and fixed installation for transport, loading and dispatch, capture, compression, conditioning and treatment of hydrocarbons, where sufficient technical basis considers that there is an imminent danger to people, goods or the environment.
(m) Where, on sufficient technical basis, it considers that there is an imminent danger to persons, goods or the environment or that the system, installation or operation does not provide security, it will order the repair, reconstruction or alteration of pipelines, pipelines, polyducts and/or any other permanent and fixed installation for transport, cargo and dispatch, capture, compression, conditioning and treatment of hydrocarbons.
(n) To receive and manage the permanent and fixed facilities that go to the domain of the National State for the expiry of the time limit by which a transport grant was granted and to dispose of its subsequent destination.
(o) To require service providers, the information necessary to maintain up-to-date and statistical data on the status, plans and works of maintenance and repair, valuation and capabilities of the facilities and equipment of the personnel used and of the hydrocarbons transported, stored, loaded and dispatched, captured, compressed, conditioned and treated. Such information, data and statistics will be published periodically by the Implementation Authority.
(p) Dictate the internal regulations and procedures necessary for the exercise of their functions.
(q) Participate in the development and negotiation of international treaties, agreements or conventions on the transport of hydrocarbons by pipelines, pipelines and pipelines, advising the official body exercising national representation. Art. 8° -
The Implementation Authority shall exercise its functions in order to ensure the continuity, regularity, equality, free access, non-discrimination and generality of the services and to promote the transport of hydrocarbons by pipelines, pipelines and polyducts, and/or any other permanent and fixed installation for the transport, loading and dispatch, infrastructure for the capture, of compression, conditioning and treatment, of reasonable hydrocarbons, as well as fair prices and services.
CHAPTER II Art. 9o -
REGIME OF OPERATION OF OLODUCTS AND POLIDUCTS
The transport of liquid hydrocarbons shall be carried out as a public service, ensuring open and free access subject to the provisions of this Decree, to the system of transport to anyone who requires it, without discrimination and by the same rate on an equal basis, provided that there is available capacity, understood by this, as defined in Article 6 of this Decree. Art. 10. -
The fees received by the transport will be approved by the Application Authority and will be equal for any shipper, under similar circumstances and conditions regarding the traffic of liquid hydrocarbons of equal specification, transported by identical route. Art. 11. -
The available capacity defined in Article 6 of this Decree shall be approved annually after verification by the Authority of Implementation considering the situations of application of Article 43 of Law No. 17.319 in the development of the process of integral deregulation of oil activity. Art. 12. -
The priority set out in Article 43 of Law No. 17.319 with regard to the production of crude oil of S.A. Petroleum Oils will be limited to the programmed and committed volumes that will periodically be determined by the Implementing Authority. Art. 13. -
Each transport concessionaire who can access the preference of Article 43 of Law No. 17.319 will inform the Authority of Application of the volumes of liquid hydrocarbons that it will produce and will need to transport through it.
Individuals and/or legal entities that are jointly holders of a transport concession shall credit the percentages of interest or property corresponding to each of them for the Application Authority, if the preference of Article 43 of Law No. 17.319 is applicable, to establish the transport requirements of each holder. Art. 14. -
When the available capacity of a transport system is not sufficient to transport the volumes of liquid hydrocarbons that the whole of the loaders demand, such available capacity will be assessed. The apportionment shall be made by the conveyor, in direct proportion to the volumes of liquid hydrocarbons whose transport demands each shipper. Art. 15. -
If the preference established in Article 43 of Law No. 17.319 is applicable in favour of a transport concessionaire, it shall not be transferred in any way. Art. 16. -
Approve the particular rules and technical conditions governing the transport of crude oil under the provisions of this Decree, which are listed as Annex I thereof. Art. 17. -
Please refer to the Authority of Implementation to incorporate into the particular rules and technical conditions of Annex I to this Decree, possible modifications related to the adequacy, updating and evolution of the activity and the system of transport of duct hydrocarbons throughout the National Territory.
CHAPTER III Art. 18. -
OBLIGATIONS AND TRANSPORTER RESPONSIBILITIES
The conveyor must:
(a) To receive, transport and return the hydrocarbons entrusted to it, with due care and diligence and without delay, except for the specific exceptions, conditions and regularizations approved by the Implementation Authority.
(b) Operate the transport system uninterruptedly and continuously except for emergencies, fortuitous case or force majeure or additional construction.
(c) Schedule and comply with each return or delivery with the volumes and specifications in the agreed time frames and locations.
(d) Provide adequate and suitable facilities for reception, measurement, transportation, return and storage of hydrocarbons.
(e) Act, operate and render the service, in a manner that does not discriminate in fees, services or facilities.
(f) Control, schedule and efficiently manage transportation, so as to allow an orderly flow of hydrocarbons, seeking to maximize the burden on the lower costs, without exceeding the pressure limits of the system.
(g) Establish control systems, forecast and prevent the repair and maintenance of the transport system.
(h) Separately and independently maintain its performance as an operator of a transport system and other activities that it develops, including when transporting hydrocarbons from its property.
(i) To comply with and enforce the present regulations and the rules that are issued accordingly to the natural or legal person responsible for the operation of the transport system being jointly responsible for the performance of the transport system. Art. 19. -
The conveyor shall be responsible for the total or partial loss and deterioration of the hydrocarbons entrusted to it, unless it proves that the damages come from fortuitous case or force majeure. Art. 20.
- The liability of the conveyor shall be effective from the moment it receives the hydrocarbons and until its return or delivery. Art. 21. -
In the event that a plurality of transporters must intervene, they will be jointly responsible against the shipper.
CHAPTER IV Art. 22. -
FISCALIZATION AND CONTROL
The Implementation Authority shall initiate proceedings aimed at monitoring compliance with the conditions of transport concessions, authorizations, regulations and applicable rules, on its own motion or with a request from users or any other interested party which, verily, emphasizes violations thereof. The periodicity of prosecutions, except in the case of serious violations and the conduct thereof, shall, as far as possible, prevent the handling of the carrier in question. An action may also be initiated at the request of the carrier wishing to modify the conditions of its concession or authorization. Art. 23. -
Any control and action by the Implementation Authority shall respect the right of defence of the parties. The Administrative Procedures Act and Decree No. 1.759/72 and amendments thereto shall be applicable in this regard. Art. 24. -
In the event of the undue reluctance of the carrier in the provision of information or refusal to allow the entry of the staff members who are outstanding for the purpose of completing the inspections that the Authority has ordered, the Authority may request the assistance of the public force before the competent court, without prejudice to the application of the penalties that such reluctance or refusal entails. Art. 25. -
Any information received by the Authority for the Application of Conveyors and Loggers shall be made available to the public under the guidelines set for official use and not disrupt the management of the Implementation Authority. It excludes from this rule the information that such conveyors and shippers request, on the basis of which they are considered confidential, provided that the Authority of Implementation expressly admits such a character. Art. 26. -
Decisions adopted by the Implementation Authority, in the matter regulated in the present report, shall exhaust the administrative channel for the purposes of Article 23 of the Law on Administrative Procedures, without prejudice to the hierarchical recourse to the NATIONAL EXECUTIVE PODER for which the applicant may be otherwise able, without the delegation being applicable in favour of the Ministers. Art. 27. -
Shippers or third parties who consider that the carrier has violated the terms and conditions under which a concession or authorization has been granted, or the applicable regulations, may apply for the intervention of the Application Authority.
CHAPTER V Art. 28. -
The regime of penalties applicable by the Authority of Implementation to transporters and shippers, in violation of this regulation, to the rules that are determined accordingly and to the terms and conditions under which a transport concession or authorization is granted for the construction and operation of a transport system, shall be as follows:
(a) Sanctions shall consist of receipt, fine, expiration of authorization to build and operate a transport system and request to the NATIONAL EXECUTIVE PODER to declare the expiry of the transport concession.
(b) The Applicable Authority may provide for the publication of the penalty where there is a recidivism in the same offence or where the social impact of the penalty makes public knowledge of the penalty appropriate.
(c) Sanctions shall be subject to the seriousness and repetition of the offence; the difficulties or damages that the infringement entails to the service provided, to the users and third parties; and the degree of impact of the public interest.
(d) The application of sanctions shall be independent of the obligation to reintegrate or compensate the unduly perceived rates of the shippers, with updating and interest, or to compensate the damages caused to the State, the shippers or third parties for the offence.
(e) Offences shall be formal in nature and shall be set up irrespective of the dolo or fault of the shipper or the person for whom they must respond.
(f) The final sanctioning act at the administrative headquarters shall constitute a valid precedent for the purpose of reiterating the offence.
(g) The application of sanctions will not prevent the Implementation Authority from promoting judicial actions that persecute the enforcement of applicable rules violated, with more accessory rights.
(h) The application of the sanctions shall follow the procedure established by the Implementation Authority, which shall ensure the right of defence of the accused. To this end, the accused must be notified and given a period not less than TEN (10) administrative working days for the production of the relevant waste.
(i) Any fine shall be paid to the Authority of Application, within the TREINTA (30) days of signature, subject to notice of execution. Art. 29. -
Fines to be applied for violation of Law No. 17.319 and this regulation shall be graduated between a minimum equivalent to the value of VEINTIDOS (22) cubic meters of national crude oil in the domestic market and a maximum of DOS MIL DOSCIENTOS (2,200) cubic meters of the same hydrocarbon for each infraction. (Articles No. 87 and 102 of Act No. 17.319).
CHAPTER VI Art. 30. -
Instruct the Ministry of the Economy of the Nation to take the measures and measures taken to enable the Authority of Implementation defined in Article 2 of the present to have the means to achieve the full and effective fulfilment of each of the functions assigned to it and to ensure the full exercise of the powers and powers granted to it by this Decree. Art. 31. -
Invite the Undersecretariat for Energy, Ministry of Economics of the Nation to develop within a period of SESENTA (60) and CIENTO VEINTE (120) days from the validity of the present, the particular rules and technical conditions regarding the transport by gas pipelines and by polyducts respectively, all in the framework of the provisions for liquid hydrocarbons in this Decree. Art. 32. -
Invite the Undersecretariat for Energy and the Ministry of Economy to approve, within a period of QUINCE (15) days, from the date of validity of the present, the tariff that will govern the transport of liquid hydrocarbons according to the requirements of this Decree. Art. 33. -
The provisions of this Decree shall enter into force from the date of publication in the Official Gazette. Art. 34. -
Contact, post, give to the National Directorate of Official Records and archvese. -MENEM. Antonio E. González.
PARTICULAR NORMS AND TECHNICAL CONDITIONS FOR THE TRANSPORT OF PETROLE CRUDO
(1) The shippers and carriers must sign a Transport Contract based on a prognosis at no less than five (5) years, from which the respective annual transport agreements will arise, with indication of the monthly volumes to be transported.
(2) If in a period of one hundred and eighty (180) days the volume transported is less than eighty-five percent (85%) of the capacity reserved in a pipeline, the conveyor may reduce that capacity reserve to the volumes actually transported. Similar methodology will be applicable to the carrier's own needs.
(3) With thirty (30 days in anticipation of the planned transport, the charger must reconfer with the transporter, the monthly volume programmed.
In the event that the demand exceeds the available capacity, an apportionment was made based on the volumes to be transported, to determine the share of each shipper for that particular month.
(4) The volumes reconfirmed by the loaders (with a maximum tolerance in volume of (-5%) ), with respect to the monthly volume of the annual agreement, must be effectively shipped. Otherwise the conveyor will be paid as if these volumes were actually transported, with the liquidation corresponding to the month considered.
(5) The shipper must deliver the hydrocarbon to the conveyor in the places where the parties agree.
6) At the loading point, after the measurement is carried out by the appropriate system according to the facilities, the storage of the crude will be transferred to the conveyor.
7) The conveyor will set the specifications that the crude must meet to ensure the smooth operation in the ducts, as follows:
(a) Transitorily, the transport of crude oil that does not comply with national and international standards that govern the YPF Procedure Rule No. 163: "General Regulation on Control and Movement of Products" in force since 1/7/85 and complementary.
(b) The loaders should be responsible for the installation and maintenance of metering stations by volumetric methods or by the conventional method of tape and pipe as appropriate.
(c) Raw oil shall not be accepted unless its density, viscosity, drainage point and other characteristics allow its normal transport through the facilities owned by the conveyor, in accordance with the specifications approved for each conduit system.
(d) Crude oil will not contain more than 100 g/m3 of salts, 1% of water and whose steam voltage REID does not exceed 103.42 Kpa at the temperature of 37.78 degrees centigrade.
8) The crude oil offered for transport will be received by the conveyor under the only condition that it will be subject, to changes in density or quality while in transit, as a result of its transport, or by the mixture of such crude oil with other crude oils that are in the pipelines or tanks of the conveyor.
9) When it has not been agreed to transport crude oil in remittances, the transporter will return a volume of oil equivalent according to the IPR grade (or IPA) offsets following:
Adjust the volume of oil affected to the storage service at 0.05%, for each tenth of API grade (0.1 °API) of difference that is recorded between the density of the raw received from the charger and the effectively returned. This adjustment will be implemented through the application of the following formula:
Vr: Volume returned
Vi: Volume loaded
°APIci: Density API of charged crude
°APIcr: Density API of the returned crude
The API density of crude oil should be expressed at the tenth grade.
10) The maintenance and safety of the conduit from the loading point, and to the return point, will be exclusively carried out by the conveyor, with the exception of the measuring facilities that will be the responsibility of the shipper.
In case of sinister within the loader's facilities and if communication with the units indicated by the conveyor is not possible, the shipper's personnel may proceed to the closure of the derivative valve.
Before taking this determination, all resources should be exhausted to avoid instant valve closure for damages that might cause.
11) Whenever a product loss occurs between the delivery point and the return point and whatever place it is between the two, the liability shall be assigned on the basis of the following rules:
1.—If the cause was a fortuitous case or force majeure the loss will be borne in proportion to the total amount of crude oil that, of each shipper, passed through the place where the loss occurred within the CINCO (5) days prior to the same.
2.—If the cause is attributable to guilt, the loss will be borne by the person who has the duty to act diligently in the handling and/or custody of the product and the elements intended for its transport, storage, loading and dispatch and in the proportions appropriate.
12) A decrease or volume tolerance is accepted for the one (1) % carrier.
13) Each of the deliveries shall determine the volume, density, percentage of water and sediments and the content of salts, and a certificate shall be issued by the parties or by a designated independent inspector.
The quality control at the loading point will be carried out by the charger, while at the return point will be taken by the recipient. The carrier does not have the obligation to hire the inspections, but it may require the shipper and the recipient to do so.
14) All measurements and determinations inherent in both receptions and returns will be performed with representatives from both sides, following the guidelines set out in IRAN and/or ASTM Standards, based on verified records, automatic measurement units and/or ground tanks, as appropriate.
15) The conveyor must have storage capacity in the load and return terminals, suitable to the volumes that transport and deliver the pipeline, and to the loading capacities of the terminal, which does not mean that such capacity will be available beyond the agreed.
The operation of the terminals and the cargo to the ships-tanks will be subject to the international rules and the Argentine Republic.
16) Where the capacity of a transport system is insufficient to incorporate incremental production or new discoveries, the conveyor and/or other interested parties may propose to the Implementing Authority or competent agency the projects necessary to meet new transport requirements.
17) The "Reception Certificate" issued by the shipper and endorsed by the conveyor will be required for each delivery, in five-fold that will contain information that will guide the following:
(a) Date of delivery
(c) System used (opin)
(d) Start and term of pumping, day, date and time
(e) Tank identification
(f) Origin of crude oil
(g) Number of litres to 15° C hydrated
(h) Number of litres to 15° C dry - dry
(i) Liters at 15.56 ° C
k) ° Crude API to 15° C (to be used for the calculation of Annex II )
l) Density 15° C hydrated
(m) Emulsion water (% )
(n) REID steam voltage to 37,78° C
Percentage of salts
(o) Percentage of sediments
The conveyor will issue the Certificates corresponding to each return, which will be endorsed by the recipient. The certified certificates will be held by the transport inspectors within the VEINTICUATRO (24) hours after the operation has been completed. In case it ends the weekend or holiday, the Certificates will be extended before the DOCE (12) hours of the next working day. Returns can be daily or by remittances, in the event that returns are by remittances, daily volumes will be accumulated until reaching the volume compromised by paying for storage the rate for the occupied storage.
The storage capacity of the terminals is essentially operational, so for each of them the conveyor will establish the maximum time that the charger will have to remove the crude, from the time of receiving the notice of the conveyor that the crude is available for its return. If not done within the prescribed time limit, a stay fine will be applied, equivalent to three times what is appropriate to pay such a concept per day or fraction of the day on unretired crude oil, with the free availability of the crude which will be delivered once the transporter has overcome the operational disadvantages caused.
Once the maximum period expires, the carrier will immediately suspend any load of the shipper. The resulting costs will be borne by the shipper.
18) The rates to be applied by the conveyor shall be those approved by the Application Authority, in force at the date of return of the transported crude. The charges to be made shall be based on volume returned.
The services set forth and others provided in relation to crude oil delivered by the shipper shall be subject to taxes, fees and contributions that shall be derived, depending on the justification for verifying their taxable generating facts.
In the event that taxes, fees or non-existing contributions are applicable to the date of this Decree, which has as an impossible fact generates this activity or the services provided in its consequence and whatever the taxable basis for its determination, the shippers shall assume this cost, to the fair extent of its exact incidence, according to the liquidations that the shipper has in each case. Recognition of variations in prices in the exact incidence of tax variations to the Attached Value, Income, Gross Income and contributions or cups resulting from application shall be accepted, depending on the jurisdiction in which they are applicable, and the same shall be borne by the shipper.
19) In cases where evacuation requires the use of some type of marine terminal, the shipper in addition to the requirements required in the above points must make the monthly nomination of the ships reconfirming the E.T.A. (estimated time of aribo) with SETENTA and DOS (72) hours of anticipation.
The nomination must be presented between the days FIRST (1o) and TEN (10) of the immediate month prior to that of load.
The operator of the marine terminal makes express reservation of his right to accept or reject the ship nominated according to his characteristics with a notice not greater than DIEZ (10) days of the nomination date.
Ships nominated tanks for the terminals of Puerto – Rosales must, in an indefectible way, go to the cargo with clean ballast.
(20) Communications: The conveyor shall, to all effect, be the only valid interlocutor with the shippers, in all matters concerning the operating and control procedures that may require the deliveries and returns of the crude, from the shippers, who in turn will nominate and inform the transporter of their respective representatives, as should the shipper with the shipper.
21) At the time of the shipper ' s conclusion and the carrier ' s contract of carriage, the shipper will agree with the shipper (and thus record it in the contract), the particular operating details by which the transport will be carried out.
The mechanisms for setting the dates of delivery and return should be clearly stipulated.
22) If there are reasons arising from operating problems that affect the possibilities of reception by the shipper, the shippers will have the obligation to suspend, the oil deliveries for a not greater period of SETENTA and DOS (72) hours per calendar month, it being understood that these SETENTA and DOS (72) hours may be continued or for cumulative periods until that time is reached. In cases where the possibility of receiving by the carrier is affected by a lack of capacity for emerging storage of adverse factors in the disposal of crude at the point of load, the shippers will suspend crude oil deliveries until the motives resulting from the suspension have been exceeded.