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15 June 2020
On 21 May 2020 the National Agency for Industrial Safety and the Protection of the Environment in the Hydrocarbons Sector (ASEA) published the Industrial Safety, Operational Safety and Environmental Protection Guidelines for the Closing, Dismantling and Abandonment of Hydrocarbons Sector Facilities (Dismantling Guidelines) in the Federal Official Gazette.
The Dismantling Guidelines are mandatory for all hydrocarbon sector facilities (for further details please see "New hydrocarbons sector environmental and safety regulator starts operations") that carry out any of the following activities:
Dismantling Guidelines set out several obligations in terms of safety, reporting and risk, including establishing a closing, dismantling and/or abandonment activities programme (CDA programme) for each of the relevant phases. This CDA programme must be filed before the ASEA for approval at least 30 business days prior to the commencement of the closing, dismantling and/or abandonment activities.
Once the CDA programme has been authorised, closing activities will be completed during the following year; proper records of the activities must continue into the dismantling phase.
Likewise, prior to the abandonment activities, a detailed report on the conclusion of the dismantling phase programme will be prepared and filed before the ASEA.
Finally, the abandonment phase will be concluded when the ASEA issues an abandonment letter, recognising compliance with the Dismantling Guidelines.
The Dismantling Guidelines came into force on 22 May 2020; facilities on the definitive suspension of activities (at least 180 calendar days without activity) will have one year to file their CDA programme. Facilities already in the closing, dismantling and/or abandonment phases of a project must file their CDA programme within 120 business days, including a report of the actions carried out so far.
For further information on this topic please contact Brenda A Rogel Salgado, Jeanett Trad Nacif, Mario Jorge Yanez or Javier Camacho at Hogan Lovells BSTL, SC by telephone (+52 55 5091 0000) or email (firstname.lastname@example.org, email@example.com, firstname.lastname@example.org or email@example.com). The Hogan Lovells BSTL, SC website can be accessed at www.hoganlovells.com.
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Brenda A Rogel Salgado
Jeanett Trad Nacif
Mario Jorge Yanez