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The Prime Minister’s control body discovered, after a control action in the Competent Regulatory Authority for Offshore Oil Operations in the Black Sea (ACROPO), irregularities in compliance with the legal provisions and internal rules on the organization and operation of the entity, as well as compliance with the legal provisions relating to the award, celebration and execution of contracts at the entity level.
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Likewise, the legal provisions relating to the activity of advising the authorities and bodies with powers in the conduct of offshore oil operations, as well as cooperation with the competent authorities of the different Member States, were not observed.
The control body also found that the legal provisions regarding the establishment and collection of rates were not complied with.
The control report was completed on December 23, 2020.
”The rate for the works and services carried out in favor of the oil contract holders, operators and owners was set at 165 euros / hour per person, being approved on September 8, 2018 by Order of the President of ACROPO n. 34/2018, in contravention of the provisions of art. 8 par. (6) of Law no. 165/2016, with subsequent modifications and terminations according to which the rates are regulated by secondary legislation issued by ACROPO within 60 days from the entry into force of this law, respectively until September 30, 2016, resulting in a delay around 2 years for the issuance and approval of the rate. The one-time fee of 165 euros / hour per person was established without relying on a transparent calculation methodology and without taking into account the initial request of CA ACROPO members, registered during the meeting of June 13, 2018, regarding the presentation . such a methodology. In this context, the inconsistency of CA ACROP’s decision making was also found ”, the report mentions.
Regarding the way to base the rates at the ACROPO level, based on the verifications carried out by the control body, it was found that at the controlled entity level there are no documents from which it can be deduced that in the basis of the fee of 165 euros / person / hour addresses were consulted and involved. / compartments within the controlled entity with attributions in this regard, respectively the Department of Control, Inspections and Verifications (DCIV) and the Department of Management Systems, Well Engineering, Structural Integrity and Emergency Situations (DSMISISSU), which contradicts what provided in art. 44 lit. e) of ROF ACROPO approved by Order no. January 1/11, 2018, according to which the development and review of the indicators necessary for the pricing of the services provided by ACROPO is the responsibility of DSMISISSU.
At the same time, to substantiate and establish the rate charged to the holders of oil contracts, operators and owners (165 euros / person per hour), ACROPO did not request a point of view from the specialized direction of the Ministry of Public Finance with competences in analysis and approval of the regulations on the matter. taxes and non-tax rates (General Directorate of Tax Legislation, Customs and Accounting Regulations), although the incident framework does not prohibit such consultation ”, the report also shows.
Between January 1, 2018 and September 30, 2020, ACROPO collected the amount of 9,822,872 lei from the billed income at a rate of 165 euros / person per hour, for the evaluation of the documentation and the inspection of the facility , the OMV Petrom client having a percentage of 78.78% of the total, respectively 7,738,365 lei, of the total amount collected. Due to the delay in payment by OMV Petrom, of the invoices issued in 2019, of the total fines calculated and invoiced in the amount of 6,232 lei, ACROPO collected 115,339 lei, until October 28, 2020 invoice no. March 24/2, 2020 in the amount of 893.27 lei.
The control body also made some proposals / recommendations on the efficiency of ACROPO’s activity. Among them, the analysis of the opportunity to periodically update, in accordance with a term established by law, the rates charged by ACROPO, so that the legal provisions are applicable in an efficient, predictable, transparent manner and as far as possible, undisputed by the agreements / operators / owners.
“It is advisable to analyze and propose the update of rates taking into account both the conclusions of the ACROPO activity reports, prepared and approved every two years, as well as other relevant aspects (for example, the evolution of the activity in conditions of pandemic, crisis economic or on the contrary, the development of the oil and gas resource market, economic boom, oil prices, etc.) ”, reveals the report.
The report on the control action carried out in the Competent Regulatory Authority for Offshore Oil Operations in the Black Sea (ACROPO), was sent to the Prime Minister of Romania, for information, to the General Secretariat of Government, for information and capitalization, to the Chancellery of the Prime Minister, for information and capitalization, Ministry of Economy, Energy and Business Environment, for information and capitalization; Ministry of Public Finance, for information and capitalization; The National Mineral Resources Agency, for information and capitalization; To the Competent Authority for the Regulation of Offshore Petroleum Operations in the Black Sea (ACROPO), for capitalization.
ACROPO is a specialized body of the central public administration, established by Law no. 165/2016 on the safety of offshore oil operations, with subsequent modifications and terminations, organized as a public institution subordinate to the Government, under the coordination of the General Secretariat of Government, financed with its own income and subsidies granted from the state budget .
ACROPO is based in Constance and its secondary headquarters located in Bucharest.
ACROPO exercises, in accordance with the law, the following main attributions: evaluation and acceptance of reports on major hazards, evaluation of design notifications and evaluation of notifications on well or combined operations and other similar documents submitted to it; monitor compliance with legal provisions by operators and owners, including inspections, control, investigations, and enforcement measures; advise other authorities or bodies, including the petroleum signatory authority, ANRM, on offshore oil operations; preparation of annual plans for external emergency intervention, in accordance with legal provisions.
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