The Ministry of Mines and Energy ("MME") published a draft resolution through which it establishes the minimum content and modalities of the agreements to be entered into between agents of the fuel chain for the delivery, purchase, sale, supply or strategic or backup storage of by-product liquid fuels, biofuels or their blends (the "Draft Resolution").
In addition, the Draft Resolution set forth the conditions for the registration mechanism of such agreements before the MME and complements the procedures and conditions for transactions in the Fuel Information System - SICOM.
The minimum conditions of the agreements would include: the delimitation of its object, the identification of the parties, the modality of the contract (which must comply with the modalities described below), the product, the quality of the product, the volume of the agreement, the periodicity of delivery, the delivery points, the duration of the contract, the measurement and quality control mechanisms, among others.
Likewise, the Draft Resolution provides that the only types of agreements that will be admissible by the MME are:
- Total firmness, in which the delivery and receipt of 100% of a given volume of fuel is guaranteed, without interruptions, during the term of the agreement;
- Partial firmness of 85%, in which the delivery and receipt of 85% of a given volume of fuel is guaranteed, without interruptions, during the term of the agreement;
- 50% partial firmness, in which delivery and receipt of 50% of a given volume of fuel, without interruptions, during the term of the agreement;
- Storage or back-up; in which the storage of 100% of an agreed volume and the delivery and receipt of at least 95% of such quantity is guaranteed upon the express request of the purchasing party and the authorization of MME; and
- Short-term delivery; in which the delivery and receipt of at least 95% of the global volume of the agreement is guaranteed, without interruptions, during the term of the agreement.
The Draft Resolution specifies that the registration process of the agreements will be carried out through SICOM, where the registration will be successful only if the interested party submits complete and legible information and provided that it is carried out within the first 10 calendar days of each month.
To access the Draft Resolution, please click on the following link:
Note that the MME will receive comments from interested citizens until March 15th, 2022, through the e-mail pciudadana@minenergía.gov.co and by filing this format: Link.