On 26 July 2024, Supreme Decree N.º 013-2024-EM ("Supreme Decree"), was published, establishing a new exceptional and non-extendable deadline to submit the Detailed Environmental Plan ("PAD")[1] and the Abandonment Plan[2], so that hydrocarbon (sector) companies in progress that do not have an environmental management instrument (IGA) in force and have built components or made modifications to the project without previously modifying the IGA may adapt their activities.
The main provisions of the Supreme Decree include the following:
The owners of hydrocarbon activities that require to be included in the PAD must submit their request to the General Directorate of Hydrocarbon Environmental Affairs (DGAAH) of the Ministry of Energy and Mines or to the corresponding regional government, within a year from the date of entry into force of this Supreme Decree, through the Single Form of Acceptance to the PAD, attaching information on the activities and/or components built and/or in operation.
The owner must prove that the activities and/or components that are subject to adaptation have been built and/or are in operation prior to the entry into force of this Supreme Decree.
The owners of hydrocarbon activities have up to three years as of the entry into force of this Supreme Decree to submit the PAD to the DGAAH or corresponding regional government, provided that they have previously submitted the request for acceptance. The PAD must be integrated to the owner's IGA in the next modification or update.
Neither the acceptance of the PAD nor its approval exempts the owners of hydrocarbon activities from the OEFA's and the OSINERGMIN's powers of supervision and oversight.
Owners of hydrocarbon activities that do not have an environmental certification of their project and need to obtain the approval for their Abandonment Plan may apply to the DGAAH or the corresponding regional government for the approval of their Abandonment Plan within a year from the entry into force of this Supreme Decree.
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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
[1] The regulation establishes two cases in which the PAD is applicable:
For owners of hydrocarbon commercialization activities that have expanded and/or modified or developed hydrocarbon commercialization activities without the prior approval of the modification procedure or an IGA, respectively.
For owners of hydrocarbon activities other than commercialization that have an IGA and have expanded and/or modified their activities without having previously carried out the corresponding modification procedure.
[2] The Abandonment Plan is applicable to owners of hydrocarbon activities that do not have an environmental certification and are required to obtain the approval of an Abandonment Plan.
