Ordinance To The Law On The Establishment And Operation Of A Pipeline For The Transport Of Crude Oil And Condensate

Original Language Title: Bekendtgørelse af lov om etablering og benyttelse af en rørledning til transport af råolie og kondensat

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133662

Ordinance to the law on the establishment and operation of a pipeline for the transport of crude oil and condensate

Hereby promulgated law on the establishment and operation of a pipeline for the transport of crude oil and condensate, see. lovbekendtgørelse nr. 1100 of 18. November 2005, with the modifications resulting from law No. 542 of 26. May 2010.

The changes brought about by section 52 of the Act No. 718 of 25. June 2010, is not incorporated in this order, since the time of the entry into force of these changes shall be established by the Minister of Justice, without prejudice. section 55, paragraph 1, of the lov nr. 718 of 25. June 2010.

§ 1. DONG Energy a/s DONG ' subsidiary Oil Pipe a/s carries out the operation of the pipeline and associated pumping and terminal facilities for the transport of crude oil and condensate, which is brought from the Danish continental shelf area in the North Sea to Fredericia.

(2). Climate and Energy Minister may allow the DONG Oil Pipe a/s in connection with business pursuant to paragraph 1 establishes and operates facilities for separation of crude oil and condensate, which are transported through the pipeline. Granting of an authorisation requires that one or more current or future users of the pipeline would capture of their crude oil and condensate. Authorisation shall be granted in respect of applications lodged under section 2 (a).

(3). Climate and Energy Minister may lay down rules concerning the operation of the pipeline and separation facilities, etc. and exercised through the Danish Energy Agency oversight of the company.

(4). Climate and Energy Minister may order applicants according to this law, the owner and users of the pipeline or separation facilities and anyone with a stake in the field, who have been granted a derogation from the obligation under section 2 connection (3) to pay the costs of the proceedings before the competent authorities in accordance with this Act and may determine rules on the subject.

§ 2. Anyone who are taking liquid hydrocarbons on the Danish continental shelf area in the North Sea, will connect the production facility to the main pipeline or to one of the DONG Oil Pipe a/s brought connector wire as well as build the installations and pipelines, as connection at one of DONG Oil Pipe a/s established connection place calls. Crude oil and condensate gained on the Danish continental shelf in the North Sea, which are intended for use in refining and marketing in Denmark, must be transported through the pipeline.

(2). DONG Oil Pipe a/s has with the constraints resulting from the pipeline's capacity, obligation to carry the cord to transport crude oil and condensate gained on the Danish continental shelf area in the North Sea. DONG Oil Pipe a/s must maintain and operate such facilities as well as bring the plug wires, as this duty requires.

(3). Climate and Energy Minister may grant exemption from the obligations under paragraphs 1 and 2 in cases where the transport through the pipeline after the Minister's discretion may be deemed wasteful or inappropriate.

(4). A derogation from the obligations under paragraph 1 shall be subject to the condition that the State paid a fee of 5 percent of the value of the production of crude oil and condensate, the exemption covers. Climate and Energy Minister may lay down detailed rules on the calculation and payment of the fee.

(5). DONG Oil Pipe a/s agreements conditions for connection and transport as well as eventual separation with users. If the quality of each user's crude oil and condensate be changed by transport and possible treatment in separation facilities related to transport in the pipeline, DONG Oil Pipe a/s and users agreement terms for settlement of this between the users. In the event of a dispute shall be determined conditions of climate and Energy Minister.

(6). Agreements in accordance with paragraph 5 shall be subject to approval by the climate and Energy Minister. The Minister may impose conditions for approval.

section 2 (a). An application for authorization under section 1, paragraph 2, must be annexed to a plan for the separation facilities and their operation. Permission must be granted by the climate and Energy Minister, see. section 1, paragraph 2, before DONG Oil Pipe a/s collects offers on establishment and operation of the facilities. Climate and Energy Minister may set conditions for the authorization.

(2). Suppliers to the establishment and operation of the facilities chosen on the basis of invitations to tender in accordance with the same rules, as laid down in the EU utilities directive.

(3). Authorized pursuant to section 1, paragraph 2, may be granted only if it is estimated that DONG Oil Pipe a/s has the appropriate expertise and economic background to be able to drive the separation plant. DONG Oil Pipe a/s shall at all times be able to document that have the appropriate expertise.

(4). Climate and Energy Minister may withdraw a permit pursuant to section 1, paragraph 2, if DONG Oil Pipe a/s declares bankruptcy, the bankruptcy or declared bankrupt.

section 2 b. DONG Oil Pipe a/s is obligated to perform separation of crude oil and condensate products for users of the pipeline. Payment of separation be required of users of separation facilities in accordance with section 3 c, paragraph 3.

(2). DONG Oil Pipe a/s may require that users and future users of the separation facilities to provide security for reimbursement to DONG Oil Pipe a/s the company's costs, in accordance with article 3. § 3 c, paragraph 1, 1., 3. and (4). Pkt. Refund due, if the user or future users decide not to use the facilities or interrupts or shortens the use thereof, without that there are other users who wish to continue use. Climate and Energy Minister acting in cases of disagreement between DONG Oil Pipe a/s and a user or prospective user about safe's size and nature.

§ 3. Anyone who under section 2 are required to connect the production plant to the pipeline or uses it for transportation of crude or condensate, pays for DONG Oil Pipe a/s 1) an amount to cover the cost of capital on the financing of the construction of the oil pipeline with corresponding pump-and terminal facilities and any laterals and 2) an amount to cover other costs in the operation of the pipeline meant per transported unit crude oil and condensate.

(2). Anyone who has an obligation to connect production facility to the pipeline shall pay in addition to the amount referred to in paragraph 1 shall be 5% of the value of the production of crude oil and condensate from Mount notifiable fields.

(3). In paragraph 1, no. 1, said capital costs include interest and other financing costs on the loan and mortgage repayments equivalent to the repayment of the loans over 15 years. The payback on a plant may not, however, exceed the plant's expected technical or economic life.

(4). Climate and Energy Minister must approve the referred to in paragraphs 1 and 2 and shall fix the amount of the negotiated procedure with DONG Oil Pipe a/s and users detailed rules for calculation, the distribution and the payment thereof.

(5). Climate and Energy Minister can with 6 months notice may provide that the payment of the amounts referred to in paragraph 2 shall be payable in the form of crude oil and condensate.

§ 3 a. DONG Oil Pipe a/s shall pay to the State a tax on 95 per cent of the amount referred to in § 3, paragraph 2.

(2). The levy is calculated and paid monthly. The levy shall be made no later than the end of the month following the month in which the transport of crude oil and condensate has taken place.

(3). Climate and Energy Minister lays down detailed rules for the calculation and payment of the levy.

§ 3 b. DONG Oil Pipe a/s sets after negotiation with users of the pipeline and separation facilities, etc., what is the criteria for composition of crude oil and condensate that require separation. The criteria shall be determined with the assumption that a user's crude oil and condensate requires separation, when it cannot be transported in a normal ship intended for the transport of crude oil. The criteria must be approved by the climate and the Energy Minister and published by DONG Oil Pipe a/s. Climate and Energy Minister may set conditions for the approval of the criteria. In the event of a dispute between a user or a future user and DONG Oil Pipe a/s on whether or not the user's or the upcoming user's crude oil and condensate separation, requires the Secretary of State shall take a decision thereon.

(2). Users or prospective users of the pipeline, etc., if crude oil and condensate requires separation, contracts with DONG Oil Pipe a/s payment and other conditions for separation of their oil and condensate. In the event of a dispute shall be determined conditions of climate and Energy Minister. The agreements must be approved by the climate and Energy Minister. Climate and Energy Minister may set conditions for approval.

section 3 (c). Users of separation facilities are obliged to pay DONG Oil Pipe a/s ' costs in connection with the facilities. Users ' payment for the use of separation facilities in a fiscal year must cover costs in connection with the facilities in the same year. Costs include all costs related to the operation of the separation facilities less any revenue. Costs also include the actual costs for principal and interest on loans (foreign capital) for the financing of separation facilities, return of the egenkaptalbinding, as the investment in separation facilities results in the basic regulation. (2), and provisions for liabilities to the removal of the separation facilities.
(2). DONG Oil Pipe a/s ' binding of the equity for the financing of separation facilities remunerated at the effective rate for the current loan to finance the separation facilities in the same fiscal year with the addition of 3 percentage points. Regardless of the actual equity in DONG Oil Pipe a/s fixed equity bond when calculating DONG Oil Pipe a/s ' costs for 30 per cent of the total capital, which on average over the year is tied in separation facilities.

(3). Users, if crude oil and condensate separation, and users require, if crude oil and condensate does not require separation, but who wants to carry out the capture, pay for separation an amount that is calculated as the average cost of the basic regulation. (1) in the fiscal year per tonne of condensate, which is frasepareret in the same year.

(4). DONG Oil Pipe a/s may charge a down payment for the use of separation facilities.

(5). DONG Oil Pipe a/s publishes the current fee for the use of separation facilities.

(6). DONG Oil Pipe a/s shall separate accounts for the activities under section 1, paragraph 2. , The auditing of accounts in accordance with the rules in force at any time for DONG Oil Pipe A/S's entire business. The fiscal year follows the calendar year. Accounts settled opinions of users forwarded to climate and Energy Minister. DONG Oil Pipe a/s announces financial statements. In the event of a dispute about the account between a user and DONG Oil Pipe a/s shall take climate-and energy decision.

§ 3 (d). Anyone who are taking liquid hydrocarbons from cross-border fields between Denmark and another country, pays 5 percent of the value of the portion of the light crude oil and condensate, which is abstracted from the Danish continental shelf area in the North Sea. If the light crude oil and condensate is transported in the pipeline, without prejudice. § 2, happens the payment after 1. point to DONG Oil Pipe a/s. In other cases, happens the payment to the State.

(2). Climate and Energy Minister may lay down detailed rules on the calculation and payment of tax to the State in accordance with paragraph 1.

§ 4. To the establishment of the pipeline, etc. can climate-and Energy Minister in the necessary extent allow initiating expropriation of real estate.

(2). Expropriation in accordance with paragraph 1 shall take place in accordance with the rules of the law on the procedure for expropriation of real estate.

§ 5. DONG Oil Pipe a/s must any damage caused by installation or operation of the pipeline and separation facilities, etc., even if the damage is accidental.

(2). Have injury sufferer by intent or gross negligence contributed to the injury, the compensation can be reduced or eliminated.

§ 6. The law shall enter into force on the 1. July 1981.

(2). The provisions of § 2 (1), (2). paragraph, and article 3, paragraph 5, shall not apply to activities carried out pursuant to an exclusive appropriation by 8. July 1962 for exploration and extraction of hydrocarbons in the Danish underground and its associated protocols and agreements. Climate and Energy Minister's decisions under section 2, paragraph 3, and decisions under section 2, paragraph 5, concerning the conditions for access to, and transportation through pipeline in agreements between DONG Oil Pipe a/s and users, may be brought according to the concessionaires of the Arbitration Board referred to in section 14 (2) of the authorization, cf. Executive Order No. 372 of 7. November 1963, with later agreed changes.

(3). The provisions of article 2, paragraph 4, and article 3, paragraph 2, shall, as from the 9. July 2012 does not apply for the rights holders covered by the hydrocarbon Tax Act rules on the taxation of income from the reserved allocation, etc., and for the concessions awarded with effect from 1. January 2004 or later.

Act No. 254 of 8. June 1983 on Danish Oil and natural gas a/s, etc., relating to section 3 (a) includes the following entry-into-force provision: section 8. The law shall enter into force on the day after publication in the Official Gazette 1) (2). (Omitted)

Act No. 432 out of 10. June 1997 amending the law on the establishment and operation of a pipeline for the transport of crude oil and condensate, relating to article 2, paragraph 4, contains the following ikrafttrædelsesbe-ance:

§ 2 the law shall enter into force on the day after publication in the Official Gazette and shall take effect in all cases where transport and Energy Minister before the entry into force have not exempted from obligations pursuant to section 2, paragraph 1.2) Law No. 74 of 12. February 2002 amending the Act concerning the use of the subsoil, the law on the establishment and operation of a pipeline for the transport of crude oil and condensate and act on certain offshore installation which relates to section 1, paragraph 5, section 2 (1), (2). paragraph, section 3 and section 6, paragraph 2 2. paragraph, includes the following entry-into-force provision:

section 4 of the law shall enter into force on the 15. March 2002.

Act No. 206 of 29. March 2004 amending the Act on the establishment and operation of a pipeline for the transport of crude oil and condensate, relating to article 6, paragraph 3, includes the following entry-into-force provision:

§ 2 the law shall enter into force on the day after publication in the Official Gazette. 3) Law No. 1427 by 22. December 2004 repealing the Act on Danish Oil and natural gas a/s, etc. and anlægslov for natural gas supply and amendments to the law on the establishment and operation of a pipeline for the transport of crude oil and condensate, relating to section 3 (a), includes the following entry-into-force provision:

section 4 of the law shall enter into force on the 1. January 2005.

Act No. 542 of 26. May 2010 amending the law on the establishment and operation of a pipeline for the transport of crude oil and condensate, relating to § 1, § 2 (4), 2. paragraph, section 2, paragraph 5, section 2 (a), section 2 (b), article 3, paragraphs 3-6, section 3 (a), paragraph 1, article 3 b, paragraph 3 (c), section 3 (d), article 5, paragraph 1, and article 6, paragraph 2, contains the following provision: entry into force

§ 2 the law shall enter into force on the 1. July 2010.

The Danish Energy Authority, the 6. October 2010 Ib Larsen/Jens Skov-Spillings Official notes 1) Lov nr. 254 of 8. June 1983 on Danish Oil and natural gas a/s, etc., entered into force on 15. June 1983 2) Act No. 432 out of 10. June 1997 amending the law on the establishment and operation of a pipeline for the transport of crude oil and condensate entered into force on 12. June 1997.

3) Law No. 206 of 29. March 2004 amending the Act on the establishment and operation of a pipeline for the transport of crude oil and condensate entered into force on 1 January. April 2004.