Key Benefits:
The public concerned: oil operators subject to an obligation to establish and maintain strategic oil stocks; Professional Committee on Strategic Petroleum Stocks (CPSSP); Anonymous security inventory management company (SAGESS).
Subject: CPSSP and SAGESS missions; specific oil stocks.
Entry into force: the text comes into force on the day after its publication.
Notice: this decree amends the Decree No. 93-132 of 29 January 1993 establishing the Professional Committee on Strategic Petroleum Stocks to transpose the provisions of Council Directive 2009/119/EC of 14 September 2009 requiring Member States to maintain a minimum level of crude oil stocks and/or petroleum products; To this end, it distinguishes the mission of the CPSSP from that of the central storage entity provided for in Directive 2009/119/EC, a function of the SAGESS, and introduces the concept of specific petroleum stocks.
References: This Decree transposes Article 7 and Appendix IV of Council Directive 2009/119/EC of 14 September 2009. The Decree No. 93-132 of 29 January 1993 can be consulted in its drafting of the amendments resulting from this text on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
In view of Council Directive 2009/119/EC of 14 September 2009 requiring Member States to maintain a minimum level of crude oil stocks and/or petroleum products;
Vu le Defence code ;
Considering the energy code, including articles L. 642-1 to L. 642-10;
Vu la Act No. 78-654 of 22 June 1978 amended on professional economic development committees;
Vu le Decree No. 93-132 of 29 January 1993 amended to establish the Professional Committee on Strategic Petroleum Stocks;
Considering the opinions of the French Union of Petroleum Industries, the French Federation of Independent Petroleum, the French Federation of Fuels, Fuels and Heating and the Union of Independent Petroleum Importers;
The State Council (section of public works) heard,
Decrete:
The above-mentioned decree of 29 January 1993 is amended in accordance with articles 2 to 7 of this decree.
Section 1 is replaced by the following:
"Art. 1-A professional economic development committee is established, known as the "Professional Committee on Strategic Petroleum Stocks", whose exclusive mission is to ensure the formation and conservation of crude oil stocks and petroleum products under the conditions set out in Articles L. 642-5 and L. 642-6 of the Energy Code. »
The words "fuels and fuels" are replaced by the words "fuels, fuels and heating."
In Article 6, the words: "Director of Energy and Mineral Resources" are replaced by the words: "Director of Energy".
Section 7 is amended as follows:
1° In b, the words "of Article 3 of the above-mentioned Act of 31 December 1992" are replaced by the words "of Article L. 642-6 of the Energy Code";
2° In c, the words: "in the b of I and in the b of III of Article 4 of the above-mentioned Act of 31 December 1992" are replaced by the words: "at the 2nd of Article L. 642-7 and at the 2nd of Article L. 642-9 of the Energy Code";
3° In d, the words: "at the I of Article 3 of the above-mentioned Act of 31 December 1992" are replaced by the words: "at Article L. 642-5 of the Energy Code";
4° In e, the words: "of its stocks" are replaced by the words: "stocks constituted according to the terms set out in Article 9".
Section 9 is replaced by the following:
“Art. 9.-a) The purpose of the committee is to ensure the formation and conservation of the strategic stocks of petroleum products referred to in Article L. 642-5 of the Energy Code, which include specific stocks as defined in Article 2 of Council Directive 2009/119/EC of 14 September 2009 requiring Member States to maintain a minimum level of crude oil and/or petroleum products, the nature and minimum level of which are required by the Minister. The substitution authorization, provided for inArticle D. 1336-51 of the Defence Code, is granted to the committee by order of the Minister responsible for hydrocarbons, taken after notice of the interdepartmental commission of hydrocarbon deposits. This Order specifies, by category of products in Article L. 642-3 of the Energy Code, the quantities and qualities of products allowed in substitution as well as the maximum rate that results from the obligation remaining to the load of the operators.
“(b) For the performance of the mission as defined above, the committee shall record:
“—the stocks that are the property of the Anonymous Security Inventory Management Corporation (SAGESS), under the conditions established by a convention between the committee and that company and approved by joint decree of the Ministers responsible for Customs and Hydrocarbons; and
"—the provision of petroleum products by another EU Member State or a central storage entity (ECS), as defined in (f) of Article 2 of Directive 2009/119/EC of 14 September 2009, or by an economic operator. Disposals shall be subject to contracts with the third parties concerned under the conditions fixed by theArticle D. 1336-52 of the Defence Code. These stocks cannot be recorded as specific stocks. »
Section 10 is amended as follows:
1° The words: "its strategic storage obligation" are replaced by the words: "its mission";
2° The words: "of its stocks" are replaced by the words: "stocks constituted according to the terms set out in Article 9";
3° The words "that he receives" are replaced by the words: "received."
The Minister of Economy and Finance, the Minister of Productive Recovery, the Minister of Ecology, Sustainable Development and Energy and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister of Economy and Finance,
Pierre Moscovici
Minister of Productive Recovery
Arnaud Montebourg
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
