Library / Page 1 of 7 MIDSTREAM AND DOWNSTREAM PETROLEUM THIRD-PARTY ACCESS AND OPEN ACCESS REGULATIONS, 2023

Page 1 of 7 MIDSTREAM AND DOWNSTREAM PETROLEUM THIRD-PARTY ACCESS AND OPEN ACCESS REGULATIONS, 2023

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Page 4 of 7 
 
3. A licensee with significant market power in the Nigerian midstream 
and downstream petroleum industry shall be obligated to- 
(a) provide Third Party access to its facilities, subject to the provisions 
of these Regulations and any Guidelines that may be issued by 
the Authority; and 
 
(b) adhere to the Open Access provisions of the Act, ensuring Third 
Party access to its facilities and services in a non-discriminatory 
and transparent manner. 
Obligation to 
Provide Third-Party 
Access 
4. (1) A Third-Party seeking access to the facility of a licensee shall 
submit a written application to the Authority, providing details which 
include- 
(a) relevant information about the facility to be accessed; 
(b) the type of services required; and 
(c) the intended purpose of access. 
 
(2) Upon receipt of a complete application from the Third-Party, the 
Authority shall within 30 days afterwards, through written notice, 
cause the licensee and the Third-Party to engage in a transparent 
and good faith negotiations to determine the terms and 
conditions of access. 
 
(3) The negotiations between the licensee and the Third-Party shall 
cover matters which include- 
(a) technical specifications; 
(b) operational procedures; 
(c) safety standards; and  
(d) the financial terms of the access. 
 
(4) The licensee and the Third-Party shall finalise the access 
agreement not later than 60 days upon receipt of the notice to 
commence negotiation from the Authority. 
Application for 
Third-Party Access 
5. (1) A licensee with significant market power in the Nigerian 
midstream and downstream petroleum industry, not later than 60 
days after the commencement of these Regulations, shall submit to 
the Authority the proposed tariffs for Third-Party access for review 
and approval. 
(2) The tariffs, among other things, shall- 
Tariff for Third-Party 
Access