NEW REGIME OF ORGANIZATION AND OPERATION OF THE PETROLEUM SECTOR

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Armando Sousa Cruz
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1 NEW REGIME OF ORGANIZATION AND OPERATION OF THE PETROLEUM SECTOR Law n. º 28/11, from 01.09, establishes the general grounds for the organization and operating principles applying to the following activities: (i) refining of crude oil; (ii) receipt and storage; (iii) transport by pipeline; (iv) Logistics Supervision of the Petroleum Products System; (v) operation of wholesale and retail markets. This Law also defines the procedures and rules applicable to the obligations as public service and to the planning and licensing of Petroleum Products facilities. REGIME FOR PETROLEUM ACTIVITIES Are subject to licensing the activities of construction, operation, capacity modification, renewal of license and all those activities affecting the installation security conditions intended for the performance of any of the activities referred to in points (i) to (v) above. The activities referred to in points (ii), (iii) and (iv) fall under the regime of public service concession. The awards are proposed by the Minister of Petroleum and awarded under the respective tenders. The Ministry of Petroleum is allowed, under delegated powers, to make direct awards invoking public interest. Requests for creating new storage, reception and transportation concessions of Petroleum Products should be addressed to the Minister of Petroleum and be accompanied by all elements (to be determined by order of the Minister of Petroleum) and studies supporting the respective economic and financial feasibility. Only the following entities may be holders of concessions: Tel: Fax: a) commercial companies established and with effective management in Angola; b) companies having as their main object the exercise of activities falling under the object of the concession; c) companies demonstrating technical capacity for construction, management and maintenance of its infrastructure and facilities;

pipeline; (iv) Logistics Supervision of the Petroleum Products System; (v) operation of wholesale and retail markets.

2 d) companies demonstrating economic and financial capacity consistent with the requirements and responsibilities of the licensed activities. Licensees and dealers are obliged to conclude a liability insurance to cover any damage to property and personal injury suffered by third parties resulting from the exercise of their activity. I. REFINING OF CRUDE OIL The refining of crude oil requires a license to be issued by the Ministry of Petroleum, and refiners should act on a market basis. The license request must be submitted to the Ministry in a reasoned manner and detailing the following: a) the intended markets, indicating the needs of the domestic market and the prospects of the international market; b) general characterization of the unit to be built; c) production capacity, broken down by product; d) sources of supply of crude oil; e) the total amount of the investment, including the form of funding; f) study of the socio-economic impact of the refinery; g) participations in the capital of the entity to be licensed; h) Proposed guarantees. In case of a positive assessment, a license is issued by the Minister. Applicants must subsequently prepare a draft project for the new refinery, which should include more detailed technical information, being followed by a facilities survey. The final licensing of the refinery falls to the Oil Ministry, on the advice of the Ministerial Departments of Geology and Mining, Industry and Environment. Luanda Refinery is the only entity which has been granted the status of refiner under a special regime (which does not act on a market basis). 2

REFINING OF CRUDE OIL The refining of crude oil requires a license to be issued by the Ministry of Petroleum, and refiners should act on a market basis.

3 II. RECEPTION AND STORAGE Storage of petroleum products is allowed to entities acting under concession, owning and exploring storage facilities with more than 10,000 cubic meters capacity per facility. The geographical location and its area of influence shall be defined in the concession agreements. The Executive, through the Ministry of Petroleum, may determine restrictions on access to reception facilities and to storage facilities for reasons of public interest. Port reception facilities can be an integral part of the storage facilities, wherever located in the same industrial perimeter and with a storage capacity connected to a port interface with more than 10,000 cubic meters. III. TRANSPORT IN PIPELINE Pipeline operators are considered, under this law, as entities operating under concession, owning and exploring surface equipment and pipelines for the transport in pipeline. Pipelines can be an integral part of the storage facilities wherever located in the same industrial perimeter or in its vicinity, and meeting one of the following conditions: a) being a dedicated conduit connecting one or more storage facilities of that operator; b) pipes connected to a discharge port terminal belonging to the same operator; c) having less than 10,000 meters length. Restrictions on third-party access to transportation facilities are defined by the Executive, through the Ministry of Petroleum, in its sole initiative. IV. LOGISTICS SUPERVISION OF THE PETROLEUM PRODUCTS SYSTEM These activities are carried out by Sonangol Logistics, under concession. Telefone:

The Executive, through the Ministry of Petroleum, may determine restrictions on access to reception facilities and to storage facilities for reasons of public interest.

4 The following agents are subject to the Logistics Supervision of the Petroleum Products System: a) storage operators; b) pipeline operators; c) traders of retail products; d) refiners under special regime. The competencies assigned to this activity are defined in the respective concession agreements. Nevertheless, it will always consist of the coordination and supervision of the Logistics Infrastructure of the Petroleum Products System of the Republic of Angola, as well as of the activities listed above. V. OPERATION OF WHOLESALE AND RETAIL MARKETS A. Retail Trade of Petroleum Products The retail trade of Petroleum Products is subject to licensing and includes the following activities: a) trade in liquid fuels at filling stations; b) trade and distribution of piped LPG; c) trade in LPG cylinders; d) trade in oils and greases. Qualification for retail trade takes place in conjunction with the licensing of the facilities supporting such activity. B. Wholesale Market Retail traders should ensure the supply of products under bilateral agreements through the following options: a) to have a business relationship with the refiners in the market regime; b) to have a business relationship with the Entity responsible for the Logistics Supervision of the Petroleum Products System. The import of products for the domestic market is the sole responsibility of the Entity responsible for the Logistics Supervision of the Petroleum Products System, through public tender. The said entity is also responsible for placing on the wholesale market the production of the refiner under special regime (Luanda Refinery). Tel: Fax:

Nevertheless, it will always consist of the coordination and supervision of the Logistics Infrastructure of the Petroleum Products System of the Republic of Angola, as well as of the activities

C. Retail Market Retail traders of liquid fuel are required to fulfill the following conditions: a) placement of fuel stations in number and location to be agreed with the Ministry of Petroleum; b)

Retail traders of liquid fuel are still subject to the provisions of the Entity responsible for the Logistics Supervision of the Petroleum Products System, including compliance with the Rules of

5 C. Retail Market Retail traders of liquid fuel are required to fulfill the following conditions: a) placement of fuel stations in number and location to be agreed with the Ministry of Petroleum; b) the establishment and maintenance of emergency stocks, in accordance with law. Retail traders of liquid fuel are still subject to the provisions of the Entity responsible for the Logistics Supervision of the Petroleum Products System, including compliance with the Rules of Operation and Supply and also for the licensing of the gas stations they operate. INSTITUTE FOR THE REGULATION OF PETROLEUM PRODUCTS This Institute will be created under a proper statute to determine its specific powers and duties, having obligations as a public service within the sector. Telefone:

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