Key Benefits:
Bs. As., 22/5/95
VISTO Issue No. 750-003179/94 of the record of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
CONSIDERING:
That according to Article 35 of Law No. 24,076 producers who have the right to obtain a concession of transport of their own hydrocarbons are not covered by the limitations set forth in Article 16 and Title VIII of the same, but the other provisions established by this Law for carriers or distributors as the case may be applicable.
That the legal regulations governing the transport of natural gas are constituted by Act No. 24,076 and its regulatory decrees, and the supplementary provisions of the NATIONAL ENTER OF THE GAS.
That according to the above it is necessary to delineate the competences that correspond to the NATIONAL ENTER OF THE GAS and the SECRETARIAT OF ENERGIA dependent on the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS, Authority of Application of Law No. 17.319, with respect to the transport of natural gas carried out by concessionaires of exploitation law that exercise the right established in Article 28 No. 1589 of 27 December 1989, taking into account the principles of speed and effectiveness.
That YPF SOCIEDAD ANONIMA, BRIDAS SOCIEDAD ANONIMA PETROLERA, INDUSTRIAL AND COMMERCIAL, BRIDAS AUSTRAL SOCIEDAD ANONIMA and CHAUVCO RESOURCES (FUEGO'S LAND) S.A., in its character as current holders (after various assignments made in accordance with the terms of the contract that bind them). /BRIDAS S.A.P.I.C. /CHAUVCO RESOURCES LTD. (WHERE) UNION TRANSITORY OF EMPRESS", approved by Decree No. 184 of 24 January 1992, for the exploration, development and exploitation of the Area TIERRA del FUEGO of the Southern Basin, Province of TIERRA del FUEGO, ANTARTIDA E ISLAS DEL ATLANTICO SUR, have requested the relevant concession of the transport of natural gas in order to start the construction of
That according to Article 28 et seq. of Law No. 17.319, concordants of Law No. 24.076 and Article 9 of Decree No. 1589 of 27 December 1989, YPF SOCIEDAD ANONIMA, BRIDAS SOCIEDAD ANONIMA PETROLERA, INDUSTRIAL YRCIAL, BRIDAS AUSTRAL SOCIEDAD ANONIMA and CHAUVCO RESOUR
In order to carry out the export of natural gas, YPF SOCIEDAD ANONIMA, BRIDAS SOCIEDAD ANONIMA PETROLERA, INDUSTRIAL AND COMMERCIAL, BRIDAS AUSTRAL SOCIEDAD ANONIMA and CHAUVCO RESOURCES (FUEGO'S THREE) S.A.IER have conducted negotiations with the Chilean consumer, METHANEX CHILE LIMITED
That the recurring production companies have managed to the NATIONAL EXECUTIVE PODER an authorization for the export of a daily volume of TWO MILLONES OF CUBICO METROS (2,000,000 m)3) of natural gas, which has been granted by Decree No. 584 of 21 April 1995, and was approved by the SECRETARIAT of ENERGIA under the MINISTERY of ECONOMY and ARTWS and PUBLIC SERVICES and the REGULAR NATIONAL ENTER of the GAS, who took the intervention that falls within it by Law No. 24.076.
That the aforementioned export will be carried out through a pipeline that will have an approximate length of CUARENTA and OCHO KILOMETROS (48 Km) in national territory and to the Chilean Argentine border, from San Sebastián to Bandurria, with a diameter of TEN PULGADAS (10) pipe and an initial capacity of transport of DOS MILLONES DE METROS CUBICOS FOR DIA3/d).
That finding such a commercial undertaking within the framework of deregulation of the hydrocarbon market, the economic risk that it might entail will be directly assumed by the parties involved.
That it is necessary to establish mining servitudes of occupation and of passage on the funds that go through the pipeline to build.
That the NATIONAL EXECUTIVE POWER is entitled to the dictation of this act under the provisions of Articles 99 (1) and (2) and the DUODECIMA clause of the NATIONAL CONSTITUTION TRANSITORY PROVISIONS, and 4 and 98 (b) of Act No. 17.319.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
CHAPTER I
GENERAL PROVISIONS
Article 1 Los Operating concessionaries and other natural gas exploitation rights holders under Article 9 of the Decree No. 1589 of 27 December 1989, which exercise the right set forth in Article 28 of Act No. 17.319, is reached by all the emerging provisions of Act No. 24,076, with the exceptions set out in Article 35 of the Act.
Art. 2o . The SECRETARIAT OF ENERGY under the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, as the Implementing Authority of Law No. 17.319 on the basis of the technical, economic and financial documentation submitted by the interested parties, will promote to the NACIONAL EXECUTIVE PODER the dictation of the respective Decree.
It will also be responsible for the granting of occupation and passage mining services for the construction, maintenance and operation of the facilities.
Art. 3o El NATIONAL ENTER DEL GAS as the Implementing Authority of Law No. 24.076 shall be competent to understand, with respect to the transport concessions arising as a result of the preceding Article, in the following matters.
(a) It shall exercise its control functions in national jurisdiction, establishing and verifying compliance with the particular conditions to be observed in order to advance the construction of the facilities that are appropriate to the concession that is granted, in order to request the presenters the information they deem relevant.
(b) It will also verify compliance with the technical regulations regarding transport, safety, environmental protection and other circumstances relating to the design, construction, operation and maintenance of pipelines.
(c) It will approve the rates for consideration for the provision of the public transport service when interested third parties intend to access the available transport capacity of the pipelines.
When the pipelines are constructed or expanded as a result of contracts freely negotiated between producers and transport dealers under the terms of Article 28 of Law No. 17.319 and its amendments, the fees approved by ENARGAS shall apply to the transport capacity not compromised in such contracts. (Paragraph incorporated by art. 1 Decree No. 589/2017 B.O. 31/7/2017. Watch: from the date of publication.)
Art. 4o El The transport dealer will be obliged to allow indiscriminate access of third parties to the transport capacity of your system that is not engaged to transport the contracted natural gas volumes.
Art. 5o . These transport concessions are reached by the present Decree, with facilities passing through DOS (2) or more provinces or entering the Federal jurisdiction, as well as those that are granted to transport natural gas outside the limits of a province or on pipelines that transport such a resource outside the limits of the national territory.
Art. 6th Las The works that are built as a result of export commitments shall not, under any circumstances, increase the cost at which national users incur to receive the services of transport and distribution of natural gas.
The same rule shall apply to works that are constructed as a result of contracts freely negotiated between producers and transport dealers under article 28 of Act No. 17.319 and its amendments. (Paragraph incorporated by art. 2° Decree No. 589/2017 B.O. 31/7/2017. Watch: from the date of publication.)
CHAPTER II
PARTICULAR PROVISIONS
Art. 7o Area Otórgase a YPF SOCIEDAD ANONIMA, BRIDAS SOCIEDAD ANONIMA PETROLERA, INDUSTRIAL AND COMMERCIAL, BRIDAS AUSTRAL SOCIEDAD ANONIMA y CHAUVCO RESOURCES (TIERRA DEL FUEGO) S.A., in the terms and scope of Articles 28 et seq. of Law 17.319, 9
Art. 8o El The time limit for the concession referred to in this Decree shall be set out in Article 41 of Law No. 17.319, with more the extension provided for in it.
Art. 9th . Authorize the holders of the concession of transport that is granted by this Decree, to constitute on the funds that go through the pipeline to build, the corresponding mining bonds of occupation and step, in accordance with the applicable legal provisions in the matter.
Art. 10. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.
