PBR » Topics » a) Environmental issues

This excerpt taken from the PBR 6-K filed Aug 13, 2008.

a) Environmental issues

The Company is subject to several environmental laws and regulations that regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by the Company’s operations should be remedied or mitigated by the Company. The status of the main environmental cases in which the likelihood of loss is regarded as possible is shown below.

In 2000, an oil spill at the São Francisco do Sul Terminal of Presidente Getúlio Vargas refinery - Repar, approximately 1,06 million gallons of crude oil was poured into the surrounding area. Approximately R$ 74.000 thousand were spent at the time to clean up the affected area and to cover the fines applied by the environmental authorities. The following lawsuit refers to this spill:

Description    Current Situation 
 
Plaintiff: AMAR - Association for Environmental Defense of Araucária    No lower court decision pronounced. Awaiting initiation of the expert investigation to quantify the amount. 
   
Nature: Environmental     
    Updated maximum exposure: R$ 98.895 thousand 
The court determined that this suit and the suit brought by Paraná Environmental Institute - IAP be tried as one. 
Indemnification for moral and property damage to the environment.   
 

In 2001, the company’s Araucária-Paranaguá pipeline ruptured due to a seismic movement and caused the spill of approximately 15.059 gallons of fuel oil in several rivers in the State of Paraná. That time the clean up services of the surface of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of the accident, the following suit was filed against the Company:

Description    Current Situation 
 
Plaintiff: Paraná Environmental Institute - IAP    Defense partly accepted by the lower court, reducing the fine. Appeal by Petrobras pending judgment at the court of appeal. 
 
   
Nature: Environmental     
    Updated maximum exposure: R$ 102.090 thousand. 
Fine levied on alleged environmental damages.     
    The court determined an association with the proceedings brought by AMAR and that the suits be tried as one. 
 

This excerpt taken from the PBR 6-K filed Mar 4, 2008.

a) Environmental issues

The Company is subject to several environmental laws and regulations, that regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by the Company’s operations should be remedied or mitigated by the Company. The status of the main environmental cases in which possible losses are regarded as probable is shown below.

In 2000, an oil spill at the São Francisco do Sul Terminal of Presidente Getúlio Vargas refinery - Repar, located about 24 kilometers from Curitiba, capital of Paraná state approximately 1,06 million gallons of crude oil was poured into the surrounding area. Approximately R$ 74.000 were spent to clean up the affected area and to cover the fines applied by the environmental authorities. The following lawsuit refers to this spill:

Description    Actual Situation 
 
Plaintiff: AMAR - Association for Environmental Defense of Araucária 

Nature: Environmental 

Indemnification for moral and property damage to the environment. 
 
No lower court decision pronounced. Awaiting initiation of the expert investigation to quantify the amount. 

Updated maximum exposure: R$90.107 

The court determined that this suit and the suit brought by Paraná Environmental Institute - IAP be tried as one. 
 

In 2001, the company’s Araucária–Paranaguá pipeline ruptured due to a seismic movement and caused the spill of approximately 15.059 gallons of fuel oil in several rivers in the State of Paraná. That time the clean up services of the surface of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of the accident, the following suit was filed against the Company:

Description    Actual Situation 
 
Plaintiff: Paraná Environmental Institute - IAP 

Nature: Environmental 

Fine levied on alleged environmental damages. 
 
Defense partly accepted by the lower court, reducing the fine. Appeal by Petrobras pending judgment at the court of appeal. 

Updated maximum exposure: R$93.018. 

The court determined an association with the proceedings brought by AMAR and that the suits be tried as one. 
 

This excerpt taken from the PBR 6-K filed Nov 21, 2007.

a) Environmental issues

The Company is subject to several environmental laws and regulations, that regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by the Company’s operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Francisco do Sul Terminal of Presidente Getúlio Vargas refinery - Repar, located about 24 kilometers from Curitiba, capital of Paraná state approximately 1,06 million gallons of crude oil was poured into the surrounding area. Approximately R$ 74.000 thousand were spent to clean up the affected area and to cover the fines applied by the environmental authorities. The following lawsuit refers to this spill:

Description   Nature   Probability of Loss   Current Situation
Plaintiff: AMAR - Association for Environmental Defense of Araucária
Indemnification for pain and suffering and damage to environment. 
  Environmental   Possible    
No lower court decision pronounced. Awaiting initiation of the expert investigation to quantify the amount. The maximum exposure including monetary restatement for Petrobras as of September 30, 2007 is R$ 86.817 thousand.

The court determined that this suit and the suit brought by Paraná Environmental Institute - IAP be tried as one. 
 
This excerpt taken from the PBR 6-K filed Aug 21, 2007.

a) Environmental issues

The Company is subject to several environmental laws and regulations, that regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by the Company’s operations should be remedied or mitigated by the Company.

This excerpt taken from the PBR 6-K filed Nov 17, 2006.

b.1) Environmental issues

The Company is subject to various environmental laws and regulations. These laws regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by Company operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Francisco do Sul Terminal of Presidente Vargas refinery - REPAR, located about 24 kilometers from Curitiba, capital of Paraná state, approximately 1,06 million liters of crude oil were spilled in the neighborhood. Approximately R$ 74.000 thousand were expensed in the clean up of the affected area and to cover the fines applied by the environmental bodies. The following suit and proceedings refer to this spill:

        Probability     
Description    Nature    of Loss    Current Situation
 

Plaintiff: AMAR – Araucária’s Association of Environmental Defense

 Indemnification for pain and suffering and damages to environment. 

  Civil    Possible   
Awaiting initiation of the expert investigation to quantify the amount. The maximum exposure including monetary restatement for PETROBRAS as of September 30, 2006 is R$ 83.849 thousand. The court determined that the suits brought by AMAR and the Federal and State Prosecutors be tried as one. 
 

This excerpt taken from the PBR 6-K filed Aug 25, 2006.

b.1) Environmental issues

The Company is subject to various environmental laws and regulations. These laws regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by Company operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Francisco do Sul Terminal of Presidente Vargas refinery - REPAR, located about 24 kilometers from Curitiba, capital of Paraná state, approximately 1,06 million liters of crude oil were spilled in the neighborhood. Approximately R$ 74.000 thousand were expensed in the clean up of the affected area and to cover the fines applied by the environmental bodies. The following suit and proceedings refer to this spill:

        Probability     
Description    Nature    of Loss    Current Situation 
Plaintiff: AMAR – Araucária’s Association of EnvironmentalDefense             
  Civil    Possible     
Indemnification for pain and suffering and damages to environment. 
         
Awaiting initiation of the expert investigation to quantify the amount. The maximum exposure including monetary restatement for PETROBRAS as of June 30, 2006 is R$ 81.203 thousand. The court determined that the suits brought by AMAR and the Federal and State Prosecutors be tried as one. 

On February 16, 2001, the Company’s pipeline Araucária – Paranaguá, ruptured due to a seismic movement and caused the spill of approximately 15.059 gallons of fuel oil in several rivers in the State of Paraná. On February 20, 2001 the clean up services of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of the accident, the following suits were filed against the Company:

        Probability     
Description    Nature    of Loss    Current Situation 
Plaintiff: Paraná Environmental Institute – IAP             
  Fine    Possible     
Fine levied on alleged environmental damages. 
         
Defense partly accepted by the lower court, fine reduced. Appeal by PETROBRAS pending judgment at the 2nd instance. The maximum exposure including monetary restatement for PETROBRAS as of June 30, 2006 is R$ 136.302 thousand. 
The court determined that the suits brought by AMAR and the Federal and State Prosecutors be tried as one. 

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This excerpt taken from the PBR 6-K filed Jun 26, 2006.

b.1) Environmental issues

The Company is subject to various environmental laws and regulations. These laws regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by Company operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Fancisco do Sul Terminal of Presidente Vargas refinery - REPAR, located about 24 kilometers from Curitiba, capital of Paraná state, approximately 1,06 million liters of crude oil were spilled in the neighborhood. Approximately R$ 74.000 thousand were expensed in the clean up of the affected area and to cover the fines applied by the environmental bodies. The following suits and proceedings refer to this spill:

70


Description    Nature   Probability
 of Loss 
  Current Situation 
       
Plaintiff: AMAR Araucária’s Association of Environmental Defense 

Indemnification for pain and suffering and damages to environment. 
  Civil    Possible   
The court determined that the suits brought by AMAR and the Federal and State Prosecutors be tried as one. 
 
       

 

On February 16, 2001, the Company’s pipeline Araucária – Paranaguá, ruptured due to a seismic movement and caused the spill of approximately 15.059 gallons of fuel oil in several rivers in the State of Paraná. On February 20, 2001 the clean up services of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of the accident, the following suits were filed against the Company:

Description    Nature   Probability
 of Loss 
  Current Situation 
       
Plaintiff: Paraná Environmental Institute – IAP 

Fine levied on alleged environmental damages. 
  Fine    Possible   
The court determined that the suits brought by AMAR and the Federal and State Prosecutors be tried as one. 
 
       

 

This excerpt taken from the PBR 6-K filed Aug 19, 2005.

b.1) Environmental issues

The Company is subject to various environmental laws and regulations. These laws regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by Company operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Fancisco do Sul Terminal of Presidente Vargas refinery - REPAR, located about 24 kilometers from Curitiba, capital of Paraná state, approximately 1,06 million liters of crude oil were spilled in the neighborhood. Approximately R$ 74.000 thousand were expensed in the clean up of the affected area and to cover the fines applied by the environmental bodies. The following suits and proceedings refer to this spill:

Description  Nature  Probability 
of Loss 
Current Situation 
Plaintiff: AMAR – Association for Environmental Defense of Araucária 
Indemnification for pain and suffering and damages to environment. 
Civil 
Possible 
Pending a lower court ruling. 
Plaintiff : Federal and State Prosecutors (State of Paraná)
Various public civil suits filed against the Company, claiming indemnity for alleged damages caused to the environment. 
Civil 
Remote  Pending a lower court ruling. 
Plaintiff: Federal Public Prosecutor 
Criminal charges filed against former Company President and former Superintendent of ParanáRefinery (REPAR). 
Criminal  Not applicable  Case suspended until such time as Hábeas Corpus request is decided by Federal Supreme Court.

67


On February 16, 2001, the Company’s pipeline Araucária – Paranaguá, ruptured due to a seismic movement and caused the spill of approximately 15.059 gallons of fuel oil in several rivers in the State of Paraná. On February 20, 2001 the clean up services of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of the accident, the following suits were filed against the Company:

Description  Nature  Probability 
of Loss 
                                     Current Situation 
Plaintiff: Paraná Environmental Institute - IAP 
Fine levied on alleged environmental damages. 
Civil  Remote  Pending a lower court ruling. 
Plaintiff: Federal and State Prosecutors 
Public civil suit claiming indemnities for alleged environmental damages. 
Civil  Remote  Pending a lower court ruling. 
Plaintiff: District Civil Police Station, City of Paranaguá - Paraná 
Police investigation to determine existence of any illegal acts that may have been perpetrated by PETROBRAS. 
Investigation 
Not 
applicable 
In phase of determining responsibilities.

This excerpt taken from the PBR 6-K filed Mar 18, 2005.

(e) Environmental issues

The Company is subject to various environmental laws and regulations. These laws regulate activities involving the discharge of oil, gas and other materials, and establish that the effects caused to the environment by Company operations should be remedied or mitigated by the Company.

As a result of the July 16, 2000 oil spill at the São Fancisco do Sul Terminal of Presidente Vargas refinery - REPAR, located about 24 kilometers from Curitiba, capital of Paraná state, approximately 4 million liters of crude oil were spilled in Barigui and Iguaçu rivers. Approximately R$ 74.000 were expensed in the clean up of the affected area and to cover the fines applied by the environmental bodies. The following suits and proceedings refer to this spill:

  • On August 1, 2000, IBAMA (the Brazilian government’s environment agency) fined the Company by R$ 168.000. The fines have been appealed against at the Administrative level; however, IBAMA had sustained the fines. On February 3, 2003, PETROBRAS filed a process in the court aiming at canceling these fines, and obtained a judicial decision that allows PETROBRAS to judicially challenge the fines without depositing any guarantees. The suit still awaits trial at the lower court level. On October 14, 2003, IBAMA filed for a plea for change of venue, requesting the transfer of court records to one of the Federal Courts in Curitiba, state of Paraná. On September 15, 2004, IBAMA’s plea was accepted by the lower court. On October 1, 2004, PETROBRAS appealed against this decision and a verdict has not yet been reached.

  • Several class actions were filed against the Company, and the most significant are: a civil suit filed on January 1, 2001 by the Federal and State of Paraná Prosecutors, seeking approximately R$ 2.300.000 in alleged damages to the environment. On April 4, 2001, PETROBRAS presented its response and awaits a decision.

  • The Federal Prosecutors filed a criminal suit against the Company’s CEO at the time of the events, Mr. Henri Philippe Reischstul, and against REPAR refinery’s Superintendent at that time, Mr. Luiz Eduardo Valente Moreira. This suit has been and will remain suspended until the writ of habeas corpus in favor of the former CEO is judged by the Supreme Court.

On February 16, 2001, the Company’s pipeline Araucária – Paranaguá, ruptured due to a seismic movement and caused the spill of approximately 52.000 liters of fuel oil in several rivers in the State of Paraná. On February 20, 2001 the clean up services of the river were concluded, recovering approximately, 13.738 gallons of oil. As a result of this accident:

  • IAP (Paraná environment institute) fined PETROBRAS by approximately R$ 150.000. An appeal at the Administrative level was filed challenging the amount of the fine applied, and the IAP reduced the initial amount to R$ 90.000. The appeal was rejected;

  • The Federal and State of Paraná Prosecutors filed a class action seeking approximately R$ 3.700.000 in damages to the environment and also aiming to cause the Company to adopt certain measures to prevent future accidents. On July 19, 2002 the action was contested and a decision is still pending; and

  • The State of Paraná has initiated a police inquest to determine if PETROBRAS has performed any illegal acts, and the investigation is at the initial stage.

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