La propiedad del excedente del gas licuado de petróleo (GLP) industrial en Ecuador

Abstract

In Ecuador, EP Petroecuador is the public authority responsible for the process and sale of Liquefied Petroleum Gas (LPG), however this responsibility can be delegated to authorized LPG marketers. Therefore, Petroecuador paid LPG marketers, marketing fees and also, they bill marketer’s fees about the residual LPG generated, regulated by the Hydrocarbon regulation and control agency. These fees covered the marketer’s operational cost for providing the public service. Regarding LPG surpluses -the inevitable remnants in the cylinders after consumption- Petroecuador argued that these belonged to the company, as it financed their compensation. However, the repeal of the fees through an executive order created a legal loophole, eliminating economic compensation and leaving the ownership of the surplus unregulated, leaving a question mark. If Petroecuador no longer assumes a cost, the LPG marketer’s companies purchase industrial LPG at a full value, and the consumer cannot use the generated surplus. Who is the legal owner of the surpluses?