Law No. 2010-033, Crude Hydrocarbons Code

Law No. 2010-033 defines:

• the legal and fiscal regime for the research, exploitation, pipeline transport and storage of hydrocarbons, as well as the works and installations enabling their exercise;
• the institutional framework for carrying out, regulating, and controlling the above-mentioned activities;
• the rights and obligations of the people carrying out one or more of the above-mentioned activities.

The Code contains several provisions that have, or may have, an impact on methane emissions. The Code prohibits the flaring of natural gas, except in the following situations: (1) for safety reasons; (2) during the start-up phase of production; or (3) with the authorization of the Minister responsible for hydrocarbons for a limited period (Article 40).

In addition, the Code provides that in the event of an associated gas discovery, the Minister may authorize the operator to recover it. If the contractor does not wish to market the associated gas, it must be made available to the State free of charge or reinjected into the reservoir (Article 39).  

Under this law, every development plan must be the subject to an environmental impact study. The impact assessment must be submitted to the Minister for the Environment for approval in accordance with the regulations in force on the environment (Article 36). In addition, oil operators must carry out their operations in compliance with applicable national and international environmental protection standards (Article 31). They must also submit a site rehabilitation plan before the reservoir is depleted and pay a provision during the operation (Article 43).

Laws n˚2011-044 and 2015-016 modify and supplement this law. 

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