Aproval of the Guidelines for Citizen Participation in Hydrocarbon Activities

By Ministerial Resolution No. 571-2008-MEM/DM, dated December 05, 2008, and published on December 16 of that year, it has been approved the Guidelines for Citizen Participation in Hydrocarbon Activities

1. Object

It aims to establish guidelines for the implementation of Supreme Decree No. 012-2008-EM, Regulations for Citizen Participation in the Hydrocarbons activities, establishing procedures and mechanisms for citizen participation that are applicable during the negotiation process and bidding of the contracts, while monitoring and controlling the environmental aspects of projects and Hydrocarbons activities, under the provisions of Supreme Decree No. 015-2006-EM, Regulations for Environmental Protection in the Hydrocarbons Activities.

Also, the guidelines aim to promote a greater participation of the people involved and their regional authorities, local community and representative institutions, with the purpose of knowing their perceptions about the Hydrocarbons activities to develop.

2. Scope

Their application is mandatory at the national level for all individuals and public or private entities involved in the process of citizen participation of the Hydrocarbons activities and, according to the following provisions:

a) For the activities of Exploration and Exploitation of Hydrocarbons it covers since the beginning of the directly negotiation process or bidding for the adjudication and subsequent signing of contracts for exploration and / or exploitation of hydrocarbons until the closing of the Project.
For the stage for citizen participation in the negotiation and signing of contracts will not require the approval of any management document.
For the stage of citizen participation during the development and evaluation of Environmental Studies will be required to develop a plan for citizen participation prior to the development of the appropriate environmental study.
For the stage of public participation following the adoption of environmental studies will require the implementation of a Citizen Participation Plan which is part of the environmental studies. The Citizen Participation Plan is part of the Community Relations Plan, which in turn is contained in the Environmental Management Plan of the Environmental Study approved.

b) In the activities of processing or refining, storage, transportation, Marketing and Distribution of Oil, understands the stages of processing, evaluation and subsequent monitoring and control of environmental studies involved.

c) For other instruments of Environmental Management, in accordance with Article 3 of Presidential Decree No. 012-2008-EM, the DGAAE determine the number of informational workshops to be held in the presence of the same, when the activities carried out by the Contractor of the project well required.

Also, these guidelines are intended to make available to the population involved timely and appropriate information regarding the Hydrocarbons activities planned or in progress, promoting dialogue and consensus building, and knowing the options and channel positions; points hearing, comments or contributions regarding activities for decisions of the competent authority in administrative procedures.

The consultation is a form of citizen participation and is a right of the people involved in hydrocarbon projects. This should be done in good faith and in a manner appropriate to the circumstances, with the aim of reaching better understanding on the scope of the project and its benefits.

But this does not imply the right to veto of the populations involved in the project.

For more information on the subject to contact lawyers in our Energy / Environment Area:

Alberto Varillas Cueto   avarillas@garciasayan.com.pe
Diego Grisolle Fontana   dgrisolle@garciasayan.com.pe
Africa Morante Brigneti   amorante@garciasayan.com.pe