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 Corporation (SAGESS).
Objects: precision of the concept of specific stocks and keeping inventory directories.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order amends the Order of 15 March 1993 on the establishment of strategic oil stocks in Metropolitan France 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. These provisions specify the nature, accounting and positioning of specific stocks as well as the content and duration of the various inventory statements expected by the administration.
References: the text amended by this Order may be consulted, in its drafting, on the website Légifrance (http://www.legifrance.fr). This Order implements sections 6, 9, 10 and Appendix III of Community Directive 2009/119/EC of 14 September 2009.
Minister of Productive Recovery and 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 and/or petroleum products, including articles 6, 9, 10 and annex III;
Considering the energy code;
Vu le Defence codeincluding articles D. 1336-47 to D. 1336-56;
Vu le Decree No. 93-132 of 29 January 1993 amended to establish the Professional Committee on Strategic Petroleum Stocks;
Having regard to the amended Decree of 15 March 1993 on the establishment of strategic oil stocks in Metropolitan France,
Stop:
The above-mentioned decision of 15 March 1993 is amended in accordance with Articles 2 to 9 of this Order.
Section 1 is amended as follows:
1° The words: "to theAnnex to Law No. 92-1443 reforming the oil regime" are replaced by the words "in Article L. 642-3 of the Energy Code".
Section 2 is supplemented by a paragraph written as follows:
" Biofuels and additives may be recorded as specific stocks under the same conditions as they are intended to enter the composition of the products referred to in the third paragraph of Article 9. »
Section 7 is amended as follows:
1° The words: "to thearticle 4 of Decree No. 93-131 of 29 January 1993 referred to above are replaced by the words: "to theArticle D. 1336-52 of the Defence Code "
Section 9 is amended as follows:
1° In the second paragraph, the words: II of Article 3 of Decree No. 93-131 of 29 January 1993 referred to above are replaced by the words: "to II of Article D. 1336-51 of the Defence Code » ;
2° A paragraph is added as follows:
"The products taken into account to constitute the specific stocks mentioned in Article 1 bis of Decree No. 93-1442 of 27 December 1993 referred to above are the engines, diesel and domestic fuels and carbide actors type kerosene. »
Section 10 is amended as follows:
1° The first paragraph is replaced by the following:
“In accordance with 2° of Article D. 1336-53 of the Defence Code, quantities on board caboteurs, barges or barges flying French flag and travelling between metropolitan ports may be considered strategic stocks; However, these quantities cannot be counted as specific stocks. The same is true of the quantities on board of oil vessels located in a port for unloading, when administrative formalities have been completed. » ;
2° In the second paragraph, the words: d of Article 5 of Decree No. 93-131 of 29 January 1993 referred to above are replaced by the words: "to 4° of Article D. 1336-53 of the Defence Code "
Section 11 is amended as follows:
1° The words: "to the a of Article 5 of Decree No. 93-131 of 29 January 1993 referred to above are replaced by the words: "to 1° of Article D. 1336-53 of the Defence Code "
Section 12 is amended as follows:
1° In the first paragraph, the words: "PSPC" are replaced by the words: "PSPC with respect to the Anonymous Security Stock Management Corporation (SAGESS) referred to in Article L. 642-6 of the Energy Code,"
2° A third dash is added as follows:
"– for the CPSSP, the level of specific stocks that can be maintained, by families of products defined in the third paragraph of Article 9, expressed in number of days of average daily consumption, shall be greater than or equal to thirty. »
3° In the penultimate paragraph, the words: "Accreditation refers to the deposits used and the quantities stored to the extent that they fall under the PSPC either by ownership or by disposition. are replaced by the words: "The approval refers to the deposits used, the quantities stored to the extent that they fall under the PSPC, on the level of specific stocks. »
After Article 12, two articles are inserted as follows:
"Art. 12 bis.-Each registered interpository and the SAGESS SPS establish a detailed inventory that is continuously updated on all strategic stocks that allow for the coverage of their obligation or that of a third party, distinguishing between those stocks that constitute specific stocks. These directories allow for the storage, in a format defined by the Department responsible for hydrocarbons, of data relating to the quantity and nature of strategic stocks held by reference to the categories referred to in Article L. 642-3 of the Energy Code, by filing, refinery or storage facility. Each year, no later than January 31st, each registered contractor and the PSPC shall send to the Department of Hydrocarbons (General Energy and Climate Branch) an excerpt from these directories reflecting the exact status of strategic stocks on the last day of the previous calendar year.
"Art. 12 ter.-When specific stocks are mixed with other petroleum stocks, any movement of these specific stocks is subject to prior written authorization from the owner of the specific stocks and the Ministry responsible for hydrocarbons (general direction of energy and climate). If the specific stocks belong to the SAGESS, the prior written authorization of the SAGESS is sufficient.
"A contract related to the management of specific stocks must incorporate an article that reflects the supplier's obligation to ensure that the execution of specific stock management actions cannot be hindered or subject to unpredicted conditions that would prevent the proper execution of these actions, without force majeure. The force majeure means any act, event, situation of law or fact, outside the parties involved in the contract, which is both unpredictable, irresistible and insurmountable, and preventing the performance of the contract. »
Section 13 is amended as follows:
1° The words "at CPSSP" are replaced by the words "at SAGESS";
2° The words: "These agreements" are replaced by the words: "These agreements, concluded for a whole number of months."
The Director of Energy is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 December 2012.
The Minister of Ecology,
Sustainable Development
and energy,
For the Minister and by delegation:
By preventing the Energy Director:
Deputy Director of Energy,
Mr. Pain
Minister of Productive Recovery
For the Minister and by delegation:
By preventing the Energy Director:
Deputy Director of Energy,
Mr. Pain
