Change The Oil Statistics Regulation 2011

Original Language Title: Änderung der Erdölstatistik-Verordnung 2011

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352. Regulation of the Federal Minister for Science, Research and Economy, which will amend the oil statistics regulation 2011

On the basis of § § 20 and 21 of the 2012 Petroleum Law Act, BGBl. I No 78/2012, shall be assigned:

The Oil Statistics Regulation 2011, BGBl. II No 226/2011, shall be amended as follows:

1. § 2 (1) reads:

"(1) For the purposes of this Regulation, the term" petroleum, petroleum products and biofuels " shall include the following products:

1.

Petroleum oils and oils obtained from bituminous minerals, crude, heading No 2709 00 of the Combined Nomenclature (CN code), Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 139, 30.4.1987, p. No. 1, as last amended by implementing Regulation (EU) No 155/2012, OJ L 344, 28.12.2012, p. No. OJ L 50, 23.02.2012 p. 1, with the exception of high-sulphur bituminous shale oil;

2.

"petroleum products" means the following products of heading 2707, 2710, 2711, 2713 and 2901 of the combined nomenclature:

a)

"Benzine"

aa)

Goods of subheadings 2707 20 10, 2707 30 10 and 2707 50 10 and 2710 12 11, 2710 12 15, 2710 12 21, 2710 12 25, 2710 12 31, 2710 12 41, 2710 12 45, 2710 12 49, 2710 12 51, 2710 12 59, 2710 12 70, 2710 12 90 of the Combined Nomenclature, excluding Petroleum ether, n-hexane and n-heptane, and

bb)

Methyl tert-butyl ether (MTBE) and ethyl tert-butyl ether (ETBE), provided that they are used as fuel, and

cc)

Biofuels which are used as gasoline, to the extent that they are not already taken into account in the gasoline of the above-mentioned subheadings by means of contetations;

b)

"Petroleum" means the goods of subheadings 2710 19 11, 2710 19 15, 2710 19 21, 2710 19 25, 2710 19 29 of the Combined Nomenclature;

c)

"Gas oils"

aa)

Goods of subheadings 2710 19 31, 2710 19 35, 2710 19 43, 2710 19 46, 2710 19 47, 2710 19 48, 2710 20 11, 2710 20 15, 2710 20 17, and 2710 20 19 of the Combined Nomenclature, including the particularly marked gas oil according to § 9 of the Mineral Oil Control Act 1995, BGBl. No 630/1994;

bb)

Biofuels which are used as gas oils to the extent that they are not already taken into account in the gas oils of the above-mentioned subheadings by means of conmentions;

d)

"heating oil" means goods of subheadings 2710 19 51, 2710 19 55, 2710 19 62, 2710 19 64, 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39 of the Combined Nomenclature;

e)

"lubricating oils and other oils" means the goods of subheadings 2710 19 71, 2710 19 75, 2710 19 81, 2710 19 83, 2710 19 85, 2710 19 87, 2710 19 91, 2710 19 93, 2710 19 99 and 2710 20 90 of the Combined Nomenclature;

f)

"petroleum coke" means the goods of subheadings 2713 11 00 and 2713 12 00 of the Combined Nomenclature;

g)

"Chemical raw materials" means the products of subheadings 2707 10 90 (gasoline for other uses), 2711 14 00 (ethylene, propylene, butadiene), 2901 21 00 (ethylene), 2901 22 00 (propene), 2901 24 00 (buta-1,3-diene) and 2901 29 of the combined nomenclature;

h)

"bitumen" means goods of subheading 2713 20 00;

i)

" Liquid gas (Heiz-od. Fuel gas) " means all goods, starting with the position numbers 2711 12, 2711 13, 2711 14 00, 2711 19 00 and subheading 2901 10 00 (as far as LPG) of the Combined Nomenclature;

j)

"Refinery Test Gas (not liquefied)", which is a mixture of non-condensable gases (mainly hydrogen, methane, ethane and olefins), which are used in the distillation of crude oil or the treatment of oil products in refineries (e.g. cracking); this category includes gases that flow back from the petrochemical industry;

k)

"Other products from Chapter 27", these are all goods of Chapter 27 of the Combined Nomenclature which are not lit by their intended use. a to h can be assigned;

l)

"Other products not from Chapter 27", these are all goods of the Combined Nomenclature which are to be attributed by their intended use to the goods of Chapter 27 and which are not Z 3 lit. a to j can be assigned;

3.

"Biofuels":

a)

"bioethanol" shall be a non-fermented ethanol produced from biomass and/or biodegradable parts of waste with an alcohol content of at least 99% by volume;

b)

"fatty acid methyl ester" (FAME, biodiesel), which is a methyl ester derived from vegetable or animal oils or fats;

c)

"Biomethanol", which is a methanol produced from biomass and/or biodegradable parts of waste;

d)

"Biodimethylether", which is a dimethyl ether produced from biomass;

e)

"Bio-ETBE (ethyl-tert-butyl-ether)", which is a bioethanol-based ETBE with an eligible biofuel volume percentage of 47%;

f)

"Bio-MTBE (methyl tert-butyl ether)", which is an MTBE produced on the basis of biomethanol, with an accounting biofuel volume percentage of 36%;

g)

"Synthetic biofuels" means synthetic hydrocarbons or synthetic hydrocarbon mixtures obtained from biomass;

h)

"bio-water" means a hydrogen produced from biomass and/or biodegradable parts of waste;

i)

"pure vegetable oil" means a chemically unmodified oil obtained by pressing out, extraction or comparable processes from oilseeds in a crude or refined form;

j)

"Superethanol E 85", the mixtures produced in a tax warehouse in accordance with Article 25 (2) of the Mineral Oil Control Act 1995, which are in the period of 1. Have a bioethanol content of at least 65% and not more than 75% vol. and in the period from 1 April to 30 September (summer half-year) of at least 75% and not more than 85% vol. "

2. In § 3 Z 2, first sentence, the parenthesis shall be "(Section 1 (1) (10) of the Oil-Irrigation and Reporting Act 1982)" by the parenthesis expression " (Section 3 (1) Z 2 of the 2012 Petroleum Law Act, BGBl. I N ° 78/2012 (EBG 2012)) " replaced.

3. § 4 (1) reads:

" (1) All companies are obliged to report

1.

produce, process or mix the goods in accordance with § 2;

2.

the petroleum products in direct purchases of production plants in Austria where crude oil products are produced or which are linked to such establishments by means of a pipeline for the transport of crude oil;

3. (a)

import the goods in accordance with § 2 from a third country; or

b)

the goods in accordance with § 2 from an EU Member State to the Federal territory-with the exception of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg)-spend

and in accordance with § 3 (1) Z 7 EBG 2012 importer, or as the first domestic product recipient in accordance with Section 4 (1) second sentence of the EBG 2012;

4. a)

carry out the goods in a third country in accordance with § 2; or

b)

on the invoice of which goods are transferred to an EU Member State in accordance with § 2 of the Federal Republic of Germany, with the exception of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg). If the supplier fails to notify the goods of his obligation to notify, the consignor is subject to reporting requirements;

5.

the purpose of which is the storage of goods in accordance with § 2. "

4. The following paragraph 3 is added to § 7:

" (3) § 2 para. 1, § 3 Z 2 and § 4 (1) in the version of the BGBl Regulation. II No 352/2014 shall enter into force with the day following the event. "

Mitterlehner