The "Tesorillo" and "Ruedalabola" hydrocarbon
In the autonomous community of Andalusia and occupying both land and
Subsoil, were granted by Royal Decree 1771/2010 of December 23,
("Official State Gazette" No. 19 of 22 January 2011), in favor of companies
'Schuepbach Energy España, SLU' and 'Vancast Exploración, SL', with
Holdings of 85% and 15%, respectively, the former acting as the
The permitting operator. In Article 2, first paragraph, of this Royal Decree of
Granted the obligations of the holder to be performed during the six years
Of validity of each permit.
By Resolution of the General Directorate of Energy Policy and Mines of January 11
2013 (Official Gazette of the State) No. 36 of 11 February 2013), the
Concentration of jobs and investments between permits. In the first article of said
Resolution established the obligations of the holders to perform, in the joint area
Of the two permits, during the six years of validity.
By Ministerial Order IET 283/2013, of January 22 ("Official State Gazette"
No. 46 of 22 February 2013), a modification of the program of work
In permits, so that during the third year of
Work planned for the fourth year and vice versa. Thus, in the fourth year of
The owners had to acquire a seismic campaign and / or reentry or drilling
Of a survey.
By Ministerial Order IET 228/2014, of February 5 ("Official State Gazette"
No. 41 of 17 February 2014), a further modification of the
Permits, so that by the fourth year the commitments were
Established as follows: Acquisition of a magneto-telluric campaign -en
Site of the planned seismic campaign - and / or re-entry or drilling of a survey; Besides
Of defining the geological model (structural geology, stratigraphy, evaluation of rocks
Warehouse, seismic interpretation, etc.).
In order to comply with its obligations, the operator, dated October 3
Of 2013, requested authorization to carry out the drilling of the research survey
Of hydrocarbons known as 'Tesorillo-1', located on the research permit
"Tesorillo", and located in Tarifa (Cádiz), enclosing the Implementation Report and the
Environmental Document of the project, being transferred to the environmental body. All
For its pronouncement on the need, or not, to submit
Environmental impact of these projects, according to the Consolidated Text of the
Environmental Assessment of projects, approved by Royal Legislative Decree 1/2008, of 11
from January. At the moment the process continues in order to resolve on the submission,
Or not, from the project to the environmental impact assessment procedure.
Likewise, in order to comply with its obligations, the operator, dated 11
April 2014, requested before the substantive body, authorization to proceed with the realization
Of the magneto-telluric study, and all documentation is sent to the environmental body
On May 29, 2014. After a series of previous procedures, dated February 10
Of 2015, the General Directorate of Quality and Environmental Assessment and Natural Environment
Communicated, by resolution, that the project was not included within the
Scope of application of Law 21/2013, of December 9, on environmental assessment.
On February 25, 2015, a report was requested, in relation to the project,
Ministry of Defense, which, after a series of
Previous communications regarding the safety of the technique, did not object.
On April 15, 2015, the operator has submitted the
Definitive field for the realization of the campaign denominated «Magnetotelluric Survey.
Field Operations. Tesorillo, Cadiz, Southern Spain ', of April 2015, although drafted in
English. Subsequently, on April 22, 2015, he sent the document "Campaign
Magnetoteluric Geophysics. Description of Field Operations. Permission of
Research of Hydrocarbons: Tesorillo. Province of Cadiz ", of April 2015, together with
The document "Security Procedures. Magnetoteluric Terrestrial Campaigns »de
May 2013.
On October 6, 2014, reiterated on May 12, 2015, the operator of the
By written request addressed to the Directorate-General for Energy Policy and
Mines, the extension of the fourth year of validity of permits for a period equal to
Duration of the suspension situation, a moratorium on the time limit for filing the
Work plan for the fifth year of validity, and that it is stated that the obligation to submit
The annual report of the works executed during the fourth year of validity is not
Payable until the time of extension of said fourth year has not elapsed.
Lastly, on November 2, 2015, he reiterated the request,
Requesting that the suspension of the validity of the permits be ordered until
Authorize the requested opinion by the substantive body and, once it is authorized
(If any) the magnetotelluric study is also authorized.
With this in mind, in order to resolve the suspension, it must be borne in mind that
Provided for in article 35.2 of Law 34/1998, of October 7, which states that when
The suspension of the file or suspension of work is due to
Attributable to the holder, the permit or concession shall be extended for the duration of
that. During this period of suspension or suspension no fee or fee will be charged
Maintenance of the investment plan provided for under the conditions
Established.
In the light of such normative forecast, the effective period of paralysis has been assessed
Not attributable to the interested party. In this sense, it is verified the pending processing
Environmental impact of the research project "Tesorillo-1" at the present time. HE
Concludes that the need to process the environmental impact assessment, prior to the
Authorization of the works requested, has led to the suspension of the
Authorization of the survey, without prejudice to those delays
Attributable to the promoter.
For all the above, in view of Law 34/1998, of October 7, of the Hydrocarbons Sector;
Law 30/1992 of 26 November on the Legal Regime of Public Administrations
Common Administrative Procedure, and the third transitional provision of the
Law 39/2015, of 1 October, on the Common Administrative Procedure of the
Public administrations; Legislative Royal Decree 1/2008, of 11 January, by which
Approved the consolidated text of the Law of Evaluation of Environmental Impact of Projects;
Royal Decree 2362/1976, of July 30, which approves the Regulation of the Law
On Research and Exploitation of Hydrocarbons of June 27, 1974; And the Real
Decree 1771/2010 of 23 December, of 23 December, granting the
Permissions, I resolve:
First.
Declare that the hydrocarbon research permits known as "Tesorillo"
And "Ruedalabola" have been suspended since October 3, 2013, for
Attributable to the holder, due to the need to process the environmental impact assessment
Prior to the authorization of the survey provided for in the works committed during the
Validity of the permit.
Such suspension is subject to the condition that the processing of the
Corresponding authorization procedure, so that it will not have effects in the assumption
That the interested party voluntarily desists of such processing. To this end,
He will voluntarily give up if he does so before the
Environmental resolution, or after the favorable resolution of the environmental body, unless it
That the withdrawal is determined by any
Impeding the obtaining of other authorizations essential for the execution of the
Work or other circumstances which, in the opinion of the Administration,
Give sufficient justification to it.
Second.
In accordance with the provisions of article 35.2 of Law 34/1998 of October 7,
During the period of suspension will not be required canon nor rate some nor the maintenance
Of the planned investment plan.
Notwithstanding the foregoing, during the period of suspension, the permit will be subject
To all provisions of Law 34/1998, dated October 7, and to the Real
Decree 2362/1976, of 30 July.
Also, during the period of suspension, the holder must fulfill the obligations
Of information referred to in article 11 of Royal Decree 2362/1976, of 30
of July. The effective dates for the presentation of the data and / or documents will maintain
The calendar marked by the royal decree granting the research permits.
Third.
The General Directorate of Energy Policy and Mines is empowered to raise,
Maintain and modify the suspension of research permits "Tesorillo" and
"Ruedalabola", in application of article 35 of Law 34/1998 of 7 October, of
According to the following particular conditions.
This suspension shall be maintained until the end of the procedure
Application for authorization of the first job which allows the holder to continue
With the realization of their commitments.
In the event that such termination takes place by resolution favorable to the request of the
The Directorate-General for Energy Policy and Mines, together with the authorization of
The works, will lift the suspension of the research permit. If on the contrary,
Such termination was unfavorable or if it occurred due to withdrawal
Of the holder that should not be considered voluntary, the Directorate-General for Energy Policy and
Mines may lift, maintain or modify the present suspension in accordance with the
Specific circumstances which would have resulted in such termination, as well as the
Research permit.
Fourth.
This order shall take effect from the day following its publication in the "Bulletin
Official of the State ".
Against this order, which puts an end to administrative proceedings, an appeal may be filed
Litigation-administrative in accordance with the provisions of Law 29/1998 of 13 July,
Regulator of the Contentious-Administrative Jurisdiction, within two months, to
From the day following its publication in the "Official State Gazette", or
And, prior to that, an administrative appeal for reinstatement within the
A month before the same body that dictated it.
Madrid, July 14, 2017.-The Minister of Energy, Tourism and Digital Agenda, PD
(Order ETU / 1775/2016, of November 8), the Secretary of State for Energy, Daniel
Navia Simón.
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