Hydrocarbons Code

Congo's Hydrocarbons Code prohibits natural gas venting and flaring, except in the following four situations: (1) flaring carried out as part of testing; (2) flaring carried out for safety reasons; (3) flaring carried out for occasional petroleum work; and (4) flaring or venting carried out with the special and prior authorization of the Minister responsible for hydrocarbons.

In the event of tests or occasional work requiring flaring, the operator must inform the Minister 7 days in advance. For safety flaring, the operator must inform the Minister within 24 hours of the start of the operation. For any other intentional flaring or venting, the operator must submit an application to the Minister according to the procedures set out in the Decree regulating gas flaring and venting in upstream hydrocarbon sector activities, accompanied by the necessary documents. The authorization is valid only for a limited period of time, determined by the Minister. In the case of special venting authorization, it can only be requested and granted for preventive maintenance work or other occasional petroleum work.

Under the Decree, operators holding a special permit are required to maintain a permanent log of natural gas flaring and venting activities. Furthermore, the operator must report its flaring and venting activities monthly to the Minister responsible for hydrocarbons and the Minister responsible for the environment.

The Hydrocarbons Code also establishes a system for the valorisation of associated gas. When associated gas is determined to be non-commercial by the contractor, it may either be used by the contractor for its own petroleum operations or made available to the State free of charge. If the gas is not used by the contractor or made available to the State, it must be stored by the contractor or reinjected into the field. Furthermore, under the Decree, any development plan for a new field must be accompanied by an associated gas utilization plan that eliminates gas flaring and venting as soon as the field begins production.

Petroleum contractors also have a general obligation to rehabilitate sites where petroleum operations have taken place, at their own expenses. Abandonment and rehabilitation operations must be carried out in accordance with a plan submitted by the contractor to the Minister responsible for hydrocarbons. The contractor is also required to contribute funds to finance abandonment work during the course of petroleum operations.

Finally, the Hydrocarbons Code stipulates that oil and gas contractors have a general obligation to ensure environmental protection, to employ techniques that comply with best practices for environmental protection, and to implement pollution prevention programs. In this regard, the minister responsible for hydrocarbons is authorized to take any measure to eliminate any potential risk to the environment, including halting oil operations.

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