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Notice Regarding Payment For Transportation Of Crude Oil And Condensate

Original Language Title: Bekendtgørelse om betaling for transport af råolie og kondensat

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Table of Contents
Chapter 1 Definitions
Chapter 2 Area
Chapter 3 Scope of payment of payment
Chapter 4 Commitment and Payment of Obligation Amount
Chapter 5 General provisions
Chapter 6 New rules
Chapter 7 The entry into force, etc.

Publication of payment for the transport of crude oil and condensation

Purline 3, paragraph 3. 3, in the law of establishment and use, of a pipeline for the transport of crude oil and condens;, cf. Law Order no. 277 of 25. March, 2014, and after negotiating with DONG Oil Pipe A/S and users :

Chapter 1

Definitions

§ 1. For the purposes of this notice :

1) The agreement : the Agreement of 19. In May 1981, between the Energy Minister and the holder of the authorization, the Energy Minister and the holder of the authorization shall be granted.

2) The holder of the authorization shall be : the holder of the authorization and their assistance providers, in accordance with the rules of the ensuament. Protocol of 16. July 1962 to the enrollment grant.

3) The users : the holders, rightholders and others who are connected to the oil pipeline.

4) DONG Oil Pipe A/S : DONG Energy A/S ' subsidiary, cf. ~ l, paragraph. One, in the law.

5) The allocation of the authorization shall be : the authorization of the 8. July 1962, for the investigation and the abstraction of hydrocarbons etc. in Denmark's subsoil, cf. Notice no. 372 of 7. November 1963.

6) Law : the promise of the establishment and use of a pipeline for the transport of crude oil and condensation.

7) The oil pipeline : where no other expressly feature, all facilities and facilities used for the company being handled by the DONG Oil Pipe A/S in accordance with the provisions of Article 1 (1) of the Act of Law. 1, whether these facilities and so are owned or operated by DONG Oil Pipe A/S or others.

8) Rights gardens : The company or companies which, in conjunction with specified shares, have a permit.

9) Authorisation : Permission to investigation and the abstraction of hydrocarbons issued after 1. July 1981, in accordance with the law on the use of Denmark's Underground.

Chapter 2

Area

§ 2. The compiation comprises DONG Oil Pipe A/S, in accordance with Article 1 (1) of the law. 1, the transport of crude oil and condensca from the North Sea to Fredericia. The announcement shall apply to liquefied hydrocarbons, obtained according to the allocation and as provided for in Article 8 (8). 2, in the Agreement, through the oil pipeline, and for liquid hydrocarbons, which, according to authorisation, are obtained from party-party affiliation fields in the North Sea, cf. Section 2 (2). One, in the law. The notice shall also apply to other users of the oil pipeline.

Paragraph 2. Payment and other terms and conditions for the use of DONG Oil Pipe A/S, in accordance with Article 1 (1) of the law. 2, the execution of separation in separation facilities is carried out in accordance with an agreement, cf. Section 2 (2) of the law. 5 and section 3b (3). Two, with the DONG Oil Pipe A/S.

Chapter 3

Scope of payment of payment

§ 3. The users are paying the following to DONG Oil Pipe A/S :

1) An amount to cover DONG Oil Pipe A/S ' detainees capital costs concerning the financing of the pipeline of the oil pipeline.

2) An amount to cover DONG Oil Pipe A/S ' other costs for the operation of the oil pipeline.

§ 4. They're in section 3, no. The costs incurred shall comprise all costs of financing for expenditure approved by the then Energy Minister that DONG Oil Pipe A/S has had reasonable added to the establishment of the oil pipeline in a responsible manner, including : interest and deduction on the loans collected, regulated for any rate of exchange and exchange gains, commissions and other financial costs, regardless of their nature. As a landing expenditure, all costs of planning, construction costs and other expenses related to or related to the installation of the installation shall be considered to be the cost of the installation, including operating costs, before the use of the pipeline. 1. May 1984.

Paragraph 2. The costs of the Fund shall also cover all the costs incurred in paragraph 1. The kind referred to by the Energy Management Board or in the future may be approved by the Energy Agency or in the future that the DONG Oil Pipe A/S have had reasonable added to the establishment of new installations which are part of the oil pipeline, cf. Section 1 (1) of the law. 1, or the implementation of significant improvements to the oil pipeline and which cannot be considered to be incurred in respect of or relating to the implementation of the oil pipeline, cf. paragraph 1. The DONG Oil Pipe A/S must at the earliest be given notice of plans for the construction of new installations to enable users to make a statement on this subject. The users must have the opportunity to follow the workers in order to be able to advise the DONG Oil Pipe A/S, in particular with regard to the most appropriate funding.

Paragraph 3. Expenditure pursuant to paragraph 1. 1 and 2 shall be financed from the admission of loans. The borrowing recording to finance the start-up costs of the oil pipeline shall be organised in such a way as to repayment the total loans for over 15 years from the entry into service. Funding for subsequent installation or improvements, cf. paragraph The two shall be organized in the same manner so that the refund of the loans collected is started during the deployment of the plant or improvement. If the expected technical or economic life expectancy of the subsequent establishment or improvements is less than 15 years, the repayment period shall be fixed after the Energy Management Committee's more detailed determination of life expectancy.

Paragraph 4. Expenditure pursuant to paragraph 1. The DONG Oil Pipe A/S may be financed by DONG Oil Pipe A/S, provided that the company and its users agree on this and the terms and conditions of this. In this case, the terms of the user's payments shall be determined in the maximum manner consistent with what would apply if the investment was financed when it was taken into loans. Agreements between DONG Oil Pipe A/S and users in accordance with this paragraph. Four must be approved by the DEA.

§ 5. They're in section 3, no. The operating expenses referred to in paragraph 2 shall comprise expenditure of any kind, except for those of section 3 (s), 1, cf. Section 4, which the DEA can accept, that the DONG Oil Pipe A/S has had reasonable reference to the holding in connection with a responsible possession, operation or conduct of the oil pipeline, cf. Section 1 (1) of the law. 1, inter alia, in the field of good practice in similar activities in the oil and gas industry and regulatory requirements, including the costs of operation, repair and maintenance of the pipeline, oversight of this, administration, including the shares of : corporate costs determined in accordance with recognized accounting principles, insurance, including occupational health insurance, cf. paragraph 2-4, plus value added tax, duties or other charges of a public legal nature imposed on DONG Oil Pipe A/S in the performance of the activities covered by the law, cf. however, paragraph 1 5, no. 1.

Paragraph 2. DONG Oil Pipe A/S is entitled and committed to after consultation with users and, taking into account, inter-related good business practices, including in terms of risk and liability in the oil and gas industries, insurance against damages and responsibilities incurred in connection with the possession and operation of the oil pipeline, cf. Section 1 (1) of the law. 1. The insurance shall cover the damage to the installation of the full and value principle, as well as the usual coverage of liability against third parties and users, including comprehensive contractual liability and product and pollution responsibility. Insurance can be drawn up with normal conditions of self-risk, as well as limiting the cover of damage and liability.

Paragraph 3. The DONG Oil Pipe A/S must, if there is agreement among users on this, draw up insurance covering the coverage beyond the scope of paragraph 1. 2 referred to.

Paragraph 4. Costs of remediation of damage or cover of liability not covered by an existing insurance policy, including expenses resulting from the self-risk or restriction of insurance cover, or for which insurance is not provided ; are subject to the referred to in paragraph 1 1 the costs referred to in : however, paragraph 1 5, no. Two and three.

Paragraph 5. The following costs shall not be covered by the costs referred to in paragraph 1. 1 :

1) Tax and hydrocarbon tax and other taxation of DONG Oil Pipe A/S ' income, which may be equated.

2) The costs arising from damage to DONG Oil Pipe A/S ' oil pipeline caused by either external events of exceptional nature, such as natural disasters, acts of war or terrorist attacks, or to defy or gross negligence shown by the DONG ; Oil Pipe A/S, to the extent that such damages are not covered by the products in accordance with paragraph 1. 2 and 3 accounted for insurance.

3) The costs arising from liability to third parties or users in the cause of damage caused by the presets or gross negligence shown by the DONG Oil Pipe A/S shall not, to the extent that such liability is not covered by the drawing reassurance.

§ 6. DONG Oil Pipe A/S may create required credit facilities to ensure that the company may, at any time, meet its financial obligations on company subject to the law. Rents and other costs shall be included in section 3, no. 2, cf. Section 5 (5). 1.

§ 7. Users pay to cover the sections in section 3. 1, cf. Section 4, the capital cost referred to as an amount, which for each user is calculated by multiplying the total cost of the capital of a financial year in the sum of the total volume of the raw oil and the condensate transported in that area ; the financial year and the volume of the volume of crude oil and condensate from other users. The inverted volume of raw oil and condensals shall be established at the point of view at any time by the Agency for the Management Board approved.

§ 8. Users pay to cover the sections in section 3. 2, cf. Section 5, the operating costs referred to in paragraph 5 shall be calculated by multiplying the average operating costs incurred by the per year of the average operating budget. the volume of petroleum of crude oil and condentified including water and sediment with the number of units of crude oil and condensate, including water and sediment, transported by DONG Oil Pipe A/S for the user for the financial year in question.

§ 9. DONG Oil Pipe A/S ' if possible, if any, pursuant to section 12 (3), 1 and 2, deposits and income from sale, rental or similar material assets to which the costs are paid or payable by users are counted on to the benefit of users.

Chapter 4

Commitment and Payment of Obligation Amount

§ 10. For compliance with payment obligations under Chapter 3, the users make interim payments in accordance with the provisions of sections 11 and 12. The interim payments shall be adjusted for each financial year in accordance with the rules laid down in section 15 to 17. The payments made by the users shall be made on the basis of statements made by the DONG Oil Pipe A/S for each user.

Paragraph 2. The financial year shall follow the calendar year.

Paragraph 3. DONG Oil Pipe A/S shall draw up a budget for each financial year for the expected revenue and expenditure incurred by users. The budget shall contain the necessary specification for the individual revenue and expenditure species, including in the case of capital costs, the nature of the loans and their due process. For the determination of the sections referred to in section 11 (1). The amount referred to shall compile DONG Oil Pipe A/S with a plan for the execution of the provisions of section 4 (4). The loan referred to in 3. The Budget and Plan shall be sent to the DEA, cf. ~ 22, as well as users before 1. September of the year prior to the financial year.

Provisional payment

§ 11. The current payments for a financial year shall be carried out in accordance with preliminary statements drawn up by the DONG Oil Pipe A/S.

Paragraph 2. Users pay to cover the capital cost, cf. § 3, nr. 1, and § 4, monthly amounts corresponding to the month overdue of the DONG Oil Pipe A/S ' loans to the same extent, such services shall not be refunded under the terms of the deviation plan after paragraph 10 (3). 3, cf. Section 4 (4). 3. The amount shall be increased or reduced as a result of any changes in exchange rates for the last month of fining of the loan benefits in the preceding month. In the case of the DONG Oil Pipe A/S, self-financed investments, the monthly charge shall be 1/12 of the total in accordance with section 4 (4). 4, fixed annual depreciation and the interest rate of the investment. The contribution of each user to cover the cost of capital for a month shall be made in accordance with the principles laid down in section 7 on the basis of the most recent forecast of the quantities transported in the month concerned to DONG Oil Pipe A/S in accordance with the transport agreements.

Paragraph 3. Users pay to cover operating costs, cf. § 3, nr. 2, and section 5, a monthly amount equal to the amount for the month in question in the budget. The amount may be adjusted by the deviations between hitherto collected amounts and actually incurred expenditure for the financial year. The contribution of each user to cover operating costs for a month shall be set up in accordance with the principles of section 8 on the basis of the most recent forecast of the quantities transported in the month concerned, notified to DONG Oil Pipe A/S in accordance with the transport agreements.

§ 12. DONG Oil Pipe A/S shall transmit at the latest 20. for a month for the end of the following month for the subsequent month of the users in accordance with section 11 (1). 2, calculated capital costs, indicating the amount of time, the amount of time due, the nature of the loans, the creditor in accordance with the loans and any adjustments as a result of changes in exchange rates for the loan benefits paid in the preceding month. The payment shall be DONG Oil Pipe A/S in the event not later than 3 days before the timely payment of the payment to the lender. For loan events, where there are several services to be added per , however, the users will pay no later than 10. an amount equal to the total amount of the month concerned in the month concerned.

Paragraph 2. DONG Oil Pipe A/S will submit the 25th. for a month, a statement of the following month in accordance with section 11 (1) of the following month. 3, discharged operating costs. The amount shall be paid no later than 10. in the latter month.

Paragraph 3. Guilty amounts shall be paid by the users in Danish kroner. Amounts to cover commitments in foreign currencies may be made by the users in agreement with the DONG Oil Pipe A/S in the currency in question, provided that the necessary authorisations are available under the exchange law.

Reduction and deferral of payment

§ 13. The transport option of the oil pipeline during prolonged operating disturbances shall be disrupt or reduced by other reasons other than those referred to in paragraph 1. The Energy Management Board shall, after prior discussion with DONG Oil Pipe A/S and users, determine whether and, where applicable, the payment obligation in accordance with section 3 (s). You and 2 are exposed.

Paragraph 2. If the transport option through the oil pipeline is terminated or reduced for reasons attributed to presets or gross negligence shown by the DONG Oil Pipe A/S, the payment of the capital and operating costs shall be reduced in accordance with the provisions of the payment of the payment of capital and operating costs. § 3, nr. I and 2, cf. sections 4 and 5, final, as specified in paragraph 1. 3 and 4. A special dispensation, as specified in Section 14, shall be maintained in accordance with section 3 (2), In and 2, however, to the extent that ilanding may be carried out by a lesser number of other provisions, the Energy Management Board shall be made.

Paragraph 3. Insertion or reduction in accordance with paragraph 1 You and 2 will be calculated from that part of the section in section 3. The amounts referred to in and 2 shall be entered for the period during which the transport has been discontinued or reduced. Reduction or deferral is proportionate to the quantity of crude oil and condensate that has not been able to be transported during that period.

Paragraph 4. For the purpose of calculating the quantities of crude oil and the condensate used, they are used by the users in accordance with the transport agreements, most recently given the short-range forecasts of the quantities of crude oil and condensate, with less of a different calculation basis ; determined by the Energy Management Board.

§ 14. As long as the transport option through the oil pipeline has been discharged or reduced as a result of operating disturbances, the Energy Management Board shall grant a derogation for the use of other modes of transport.

Paragraph 2. The suspension shall be renewed on the seventh day and shall be terminated at the time when the transport option through the oil pipeline is re-established in accordance with the message from DONG Oil Pipe A/S, which will alert users to the extent possible in the video.

Paragraph 3. After the debate with DONG Oil Pipe A/S and users, the Energy Management Board shall find that the operating disturbance is due to exceptional circumstances, such as legal resilience that can be attributed to users, the derogation may be suspended.

Annual Adjustment

§ 15. No later than three months after the end of a financial year, DONG Oil Pipe A/S shall send a annual tax statement relating to the amounts paid by the users to erm for the year in question. The decision may include, in whole or in part, the preceding financial year, in respect of amounts which have not been included in the annual tax return for the financial year in question.

§ 16. Within 30 days of receipt of the decision of the DONG Oil Pipe A/S, the users of DONG Oil Pipe A/S shall pay the amount by which the annual tax return exceeds the amount of the pre-paid amount for the year in question.

§ 17. The amount by which it was collected in the annual tax statement for the DONG Oil Pipe A/S for the preceding financial year must be less than those of the users depositing provisional amounts, deducted from it, subsidiary of the first tentative statements after the submission of the annual tax return.

Chapter 5

General provisions

Forwarding of inventories and so on.

§ 18. All statements, notices or other requests following this notice, regardless of their nature, shall be sent to a joint business address of the rightholder to the individual permit and to the holder of the authorization for the exclusive authorization. The business addresses shall be communicated in writing to the DONG Oil Pipe A/S.

Remittance accounts

§ 19. All payments from the users to DONG Oil Pipe A/S are made by the payment of the written accounts of the DONG Oil Pipe A/S in writing. DONG Oil Pipe A/S may, with 10 days written notice, fix changes thereto.

Payment to be paid

20. The use of usual means of payment shall be the amount required to be paid in accordance with sections 12 and 16, to the extent that the amount is specified in an approved budget, cf. section 22, where applicable, subject to section 11 (4). 3. Any omission in accordance with the Danish legal order ' s general rules to comply with this obligation may only take place if, in each case, DONG Oil Pipe A/S 3 months prior written notice is given.

Delay with Payment

§ 21. Pay one of the users not guilty amounts, as referred to in section 3, no. In the appropriate time, the person concerned shall replace the financial charges with an Appendix of 8%. due to the amount of the amount due. The allowance shall be considered to benefit users in the context of the nearest provisional inventory in accordance with section 12 (3). 2.

Paragraph 2. Section 4 (4). 1, in the interest rate, cf. Law Order no. 743 of 4. September 2002, as last amended by law no. 1244 of 18. December 2012 shall apply mutatis muth.

Budgets

§ 22. DONG Oil Pipe A/S shall each year at the latest not later than 1. September the budget for the following financial year, cf. ~ 10 (1)) 3, for the users and the Energy Management Board. The budget estimate for the three subsequent financial years shall be attached. At the same time, DONG Oil Pipe A/S shall convene at least 3 weeks ' notice and not later than 1. November in the current calendar year users to the budget meeting. By the 15th. In November, each user shall communicate to the DONG Oil Pipe A/S if the budget is approved. Acceptance of the budget requires acceptance of all users.

Paragraph 2. If a user is not able to approve the budget, it must be justified on the indication of the part or parts of the budget that the user cannot accept. If all users are unable to approve the budget, DONG Oil Pipe A/S shall be sent immediately after the 15th. In November of the draft budget, all users ' communications on the extent to which they can approve the budget and any other relevant information to the Energy Management Board, which shall take a decision on the budget for the following financial year.

Paragraph 3. The DEA must for approval have submitted budgets for the establishment of new installations, which are part of the oil pipeline or the implementation of significant improvements to the oil pipeline, cf. Section 4 (4). 2. The budgets shall specify the allocation of expenditure in the financial year.

Accounts

-23. DONG Oil Pipe A/S shall send the latest on 1. April accounts for the previous financial year for the users and the Energy Management Agency. The accounts shall be reviewed in accordance with the rules which at all times apply to DONG Oil Pipe A/S ' whole business. In the case of expenditure on installations during the accounting year, the accounts for these expenditure shall be separate. At the same time, with the transmission of a financial statement, DONG Oil Pipe A/S at least three weeks ' notice and no later than 1 May in the current calendar year users shall be at the meeting of the accounts. Before the 15th. In May, each individual user will use the DONG Oil Pipe A/S if they have any comments on the accounts. The accounts and the opinions of the user shall be sent to the DEA at the latest by 1. June. The financial accounts must be approved by the Board of Energy. The Energy Management Board may be subject to conditions for approval.

Paragraph 2. One or more users may be available after receipt of accounts for a financial year, cf. paragraph 1, at least 30 days ' notice and no later than 24 months after the end of a financial year, the accounts have been drawn up in accordance with the budget for the financial year, the pipeline law, this notice, and they are in accordance with section 24 and Twenty-five set guidelines. In such a review, users must have access to the relevant accounting documents at DONG Oil Pipe A/S. The cost of such audits shall be borne by the users in question. A report on the audit shall be sent to all users and the Energy Management Board.

Paragraph 3. If the DONG Oil Pipe A/S and users agree on the accounts for a financial year, the Management Board shall take a decision.

Paragraph 4. In the end of the year following completion of a plant, DONG Oil Pipe A/S accounts for the total construction work for the users and the Energy Management Board. The accounts shall be discussed at the meeting on the preceding year's accounts, cf. paragraph 1. Not later than 15. The individual users of the DONG Oil Pipe A/S on the accounts shall be authorised by each person concerned. The accounts and the opinions of the user shall be sent to the DEA at the latest by 1. June. The financial accounts must be approved by the Board of Energy. The energy management can determine the terms of approval.

Guidelines for budgets, statements and accounts

§ 24. DONG Oil Pipe A/S is drawing up more detailed guidance on the issue of the caps. 4 and 5 matters of the purpose of filling and securing the implementation of the provisions laid down in the notice. The guidelines shall include the principles and the timeframes for the preparation of budgets and inventories for the user and registration of the DONG Oil Pipe A/S in accordance with the notice of upholding income and expenditure. The DONG Oil Pipe A/S issued guidelines shall be approved by the Energy Management Board in accordance with the rules laid down in paragraph 1. 2. Approved guidelines may be altered by the company in accordance with the rules laid down in paragraph 1. 2.

Paragraph 2. If the DONG Oil Pipe A/S wishes to amend those referred to in paragraph 1, Paragraph 1 shall be forwarded to the Users with a copy of the Energy Management Board for the Opinion of the Energy Management Board. The opinions of the users and the DONG Oil Pipe A/S shall then be sent to the Energy Management Board. The DEA will approve the guidelines. The DEA may lay down conditions for approval. The DEA may impose changes to approved guidelines by the DEA on DONG Oil Pipe A/S.

§ 25. The guidelines laid down in section 24 shall ensure that revenue and expenditure relating to the oil pipeline shall be recorded in accordance with the rules laid down in this notice and the requirements for good accounting, including the registration of the registration ; where necessary, the specification of the individual revenue and expenditure species.

Paragraph 2. In addition, in accordance with paragraph 24, it must also be ensured that DONG Oil Pipe A/S ' budgets and annual statements provide a clear and overly transparent view of the revenue and expenditure of the undertaking under the law and must be provided for this purpose ; specify the principles of the statement and distribution of the individual revenue and expenditure items.

Paragraph 3. All material related to the items referred to in paragraph 1. 1 and 2 conditions as referred to in this Article shall be made, including the letters received, the dispatched letters or letters, notes, etc., shall be kept by DONG Oil Pipe A/S for at least 15 years.

Chapter 6

New rules

SECTION 26. When production facilities with other owners other than the current users are connected to the pipeline, this notice will be changed, cf. Section 3 (3) of the law. 3, be the subject of a debate with all the parties responsible for the party and the DONG Oil Pipe A/S.

Chapter 7

The entry into force, etc.

§ 27. The announcement shall enter into force on 1. January 2015.

Paragraph 2. At the same time, notice No Forty-three of 20. In January 2014, payment for the transport of crude oil and condensation.

Paragraph 3. § § § 16-18 of Notice no. 797 of 25. In June 2010, the payment for the transport of crude oil and condensation shall continue to apply for financial years prior to the entry into force of this notice. Publication no. 797 of 25. June 2010 also applies to budgets for 2014, including the civil engineering budget, as well as accounts for 2013.

The DEA, the 25th. November 2014

Birgitta Jacobsen

/ Jens Skov Fiddling