Any decision to close facilities and/or facilities is subject to the approval of the Works Council (Article 10.1.A). In the event of authorization, one of the parties may choose to take over the facilities and/or equipment retained for use on the contractual territory as an exclusive operation and to cover any guarantees for the closing costs. The AIPN has published revised guidelines on the 2012 JOA (guidelines). Given the widespread use of joA, these indications contain guidelines for the use and modification of the JOA for use in a civil jurisdiction, unlike a common law jurisdiction. The guidelines also indicate that the 2012 JOA is not suitable for the use of unconventional oil projects (for example. B of coal and shale gas). For example, the provisions relating to exclusive operations revolve around concepts of oil structure that generally do not apply to unconventional oil projects and cannot be easily translated. There is a separate set of guidelines for adapting the AAA for use in the Australian context. The Association of International Petroleum Negotiators (AIPN) joint operating agreement (JOA) model was first adopted in 1990 and has been the subject of a series of subsequent revisions. It is the most widespread (although not always the most popular) common enterprise agreement in international conventional oil and gas projects today.
As part of the 2012 JOA, operators must develop and develop a health and safety plan to ensure safe and reliable execution of operations. The operator must implement the plan in accordance with applicable legislation and in accordance with standards and procedures that are generally followed in the international oil industry. The Works Council must review the HSE plan each year (unlike the 2002 JOA, which required regular review). The 2012 JOA also contains a series of alternative provisions on the extent to which the operator must conduct HSE tests which the parties must take into account in the development of the JOA. In light of the evolution of this legal field in the main international legal systems (z.B.dem UK Bribery Act 2010 and the Foreign Corrupt Practices Act in the United States), these provisions were revised in the 2012 JOA. The 2012 JOA contains stricter anti-corruption and corruption provisions, which contain additional safeguards. Parties are also asked to keep records, provide information on request to prove compliance with commitments and inform other parties of alleged violations of existing anti-corruption laws and obligations. It will be interesting to see to what extent the proposed new wording is followed in terms of the costs incurred. It is customary to deal with carry provisions under the host government contract (for example. B in the production sharing agreement) and therefore not in the JOA.
Trade agreements on stretchers generally depend on the outcome of negotiations between the host government and the oil and gas companies involved. First, the 2012 JOA aims to clarify and improve the existing provisions of the 2002 JOA.