Oil Statistics Regulation 2011

Original Language Title: Erdölstatistik-Verordnung 2011

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226. Regulation of the Federal Minister for Economic Affairs, Family and Youth on statistical surveys of crude oil, petroleum products and biofuels (petroleum statistics-Regulation 2011)

On the basis of § § 25 and 26 of the Oil-Bevorratungs-und Reporting Act 1982, BGBl. N ° 546, as last amended by the Federal Law BGBl. I No 29/2010, shall be ordered:

§ 1. The Federal Minister for Economic Affairs, Family and Youth has to carry out statistical surveys for the entire Federal territory on an ongoing basis for the purpose of a market-oriented recording of the supply of crude oil, petroleum products and biofuels.

§ 2. (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, raw materials", which are products of heading No 2709 00 of the Combined Nomenclature, Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 327, 31.12.1987, p. No. OJ L 256 of 07.09.1987 S.1, as last amended by Regulation (EU) No 1238/2010, OJ L 327, 28.12.2010, p. No. OJ L 348, 31.12.2010p.36 (Combined Nomenclature-CN code);

2.

"Benzine" means goods of subheadings 2710 11 11, 2710 11 15, 2710 11 21, 2710 11 25, 2710 11 31, 2710 11 41, 2710 11 45, 2710 11 49, 2710 11 51, 2710 11 59, 2710 11 70, 2710 11 90 of the Combined Nomenclature, and biofuels, which are used as petrol where these are not already taken into account in the gasoline of the above-mentioned subheadings by means of contetations;

3.

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

4.

"Gas oils" means goods of subheadings 2710 19 31, 2710 19 35, 2710 19 41, 2710 19 45 and 2710 19 49 of the Combined Nomenclature, including the particularly marked gas oil in accordance with § 9 of the mineral oil tax law of 1995, BGBl. No 630/1994, as well as 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;

5.

'heating oils' means goods of subheadings 2710 19 51, 2710 19 55, 2710 19 61, 2710 19 63, 2710 19 65, 2710 19 69 of the Combined Nomenclature;

6.

"Lubricating oils and other oils" means 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, 3403 19 10, 3403 19 90 of the Combined Nomenclature;

7.

"bitumen" means goods of subheading 2713 20 00 of the Combined Nomenclature;

8.

" 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;

9.

"Hydrocarbons for petrochemicals" means all products, starting with the position numbers 2901 21, 2901 22, 2901 23, 2901 24 and 2901 29 of the Combined Nomenclature;

10.

"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;

11.

"Other products from Chapter 27", these are all goods of Chapter 27 of the Combined Nomenclature which cannot be attributed to Z 1 to 10 from their intended use;

12.

"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 13 lit. a to j can be assigned;

13.

"Biofuels", including at least subsequent products, provided that they are used as fuel or fuel component for the operation of motor vehicle combustion engines:

a)

"bioethanol" means an ethanol produced from biomass and/or biodegradable parts of waste with an alcohol content of at least 99 volume percent;

b)

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

c)

"Biogas", which is a gas produced from biomass and/or from biodegradable parts of waste by means of pyrolysis or fermentation and with the aim of achieving natural gas quality;

d)

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

e)

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

f)

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

g)

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

h)

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

i)

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

j)

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

k)

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

(2) If products, although they would be classified as end products in accordance with the Combined Nomenclature, are used for further processing, they shall be classified as semi-finished products according to the intended use.

§ 3. The surveys are carried out:

1.

Monthly surveys on the quantity of purchases (access), production, processing and mixing, sales (disposals) and stocks of crude oil, petroleum products and biofuels;

2.

as monthly surveys of the value of oil, petroleum products and biofuels imported from another EU Member State to Austria or from Austria to another EU Member State, or imported from a third country or into a Third country (Section 1 (1) (10) of the Oil-Bevorratungs-und Reporting Act 1982). The limit value shall be indicated. The limit value shall be expressed in euro per tonne. The limit within the meaning of this Regulation shall be that statistical value which is the statistical value of the goods subject to the statistical survey at the time of the transfer from one EU Member State to the territory of the Federal Republic of Germany, with the exception of the territory of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg) and the importation from a third country or the date of shipment from the territory of the Federal Republic, with the exception of the territory of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg), to an EU Member State or of export to a third country;

3.

as a monthly survey of the countries of origin or of the Member States of origin and the countries of destination or of the Member States of destination of the quantities concerned. Where the country of origin or the Member State of origin is not known, the notifying party shall indicate the country of shipment or the Member State of consignment. Where the country of destination or the Member State of destination is not known, the notifying party shall indicate the third country or Member State which constitutes the last known destination of the consignment;

4.

as an annual survey of the operating facilities (storage capacity).

§ 4. (1) All companies are obliged to report

1.

produce, process or mix crude oil, petroleum products or biofuels;

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 goods from a third country which are subject to statistical surveys, or

b)

on the invoice of which the goods subject to the statistical surveys are transferred from one EU Member State to the Federal territory, with the exception of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg);

4. a)

the goods subject to statistical surveys are exported to a third country, or

b)

on the invoice of which the goods subject to the statistical surveys are transferred to an EU Member State from the Federal territory, with the exception of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg), or

5.

the main purpose of which is the storage of crude oil, petroleum products or biofuels.

In the cases of Z 3 lit. b and the Z 4 lit. b is also obliged to the recipient or the consignor of the goods for notification if the provider does not comply with his obligation.

(2) The notification obligation shall be reestablished every month and shall end in the event of the omission of the circumstances in accordance with paragraph 1 at the end of the respective calendar year.

§ 5. The reports are up to 20. of the month following the reporting period to the Federal Ministry for Economic Affairs, Family and Youth, and may be made as follows:

1.

Forms shall be provided free of charge by the Federal Ministry of Economic Affairs, the Family and Youth and subject to the obligation to notify those who are subject to reporting requirements;

2.

with the templates provided free of charge in electronic format by the Federal Ministry for Economic Affairs, Family and Youth, or

3.

by way of an online data transfer.

§ 6. (1) The data collected in the field of petroleum statistics shall be used for the following tasks:

1.

For the calculation of an evaluation of the oil products and biofuels supplied to market consumption;

2.

for the calculation of country statistics on imports and exports by quantity and value;

3.

for the calculation of total deposits, total production and quantities of own consumption as part of the production.

(2) The results shall be published as follows:

1.

The results of paragraphs 1 and 2 (1) and (2) per month, this publication including, in addition to the reporting month, a cumulation from January to the reporting month;

2.

the results of paragraph 1 Z 3 quarterly.

§ 7. (1) This Regulation shall enter into force with the day following the presentation.

(2) With the entry into force of this Regulation, the Regulation of the Federal Minister for Economic Affairs and Labour concerning statistical surveys on the storage and distribution of crude oil and petroleum products (petroleum statistics-Regulation 2003), BGBl. (II) No 464/2002, except for force.

Mitterlehner