Law on the supply of crude oil and petroleum products

Original Language Title: Gesetz über die Bevorratung mit Erdöl und Erdölerzeugnissen

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Law on the supply of crude oil and petroleum products (Petroleum Products Act-Petroleum BevG)

Unofficial table of contents

Petroleum BevG

Date of completion: 16.01.2012

Full quote:

" Petroleum supply law of 16 January 2012 (BGBl. 74), which is provided for by Article 336 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Note: Amendment by Art. 336 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 1.4.2012 + + +) 

The G was decided by the Bundestag as Art. 1 of the G v. 16.1.2012 I 74. It occurs gem. Article 4, first sentence, of this G in force on 1 April 2012. Unofficial table of contents

Content Summary

§ 1 Stock
First section

Tasks of the oil storage association

§ 2 General
§ 3 Obligation to supply
§ 4 Compliance with the obligation to supply
§ 5 Specific stocks
§ 6 Stock option
§ 7 Delegations
§ 8 Transfer of tasks
§ 9 Storage for other stocks subject to storage
§ 10 Storage by companies for other stocks subject to storage
§ 11 Adjustment to the obligation to supply

Second section

Release of supplies

§ 12 Release of stocks, Regulation authorisations

Third Section

Members, organs and statutes
of the oil storage association

§ 13 Membership
§ 14 Organs
§ 15 Statutes
§ 16 General Assembly
§ 17 Voting rights, Regulation empowerment
§ 18 Advisory Council
§ 19 Tasks of the Advisory Board
§ 20 Committees of the Advisory Council
Section 21 Board
Section 22 Tasks of the Executive Board

Fourth Section

Contributions, economic governance

Section 23 Contributions
§ 24 Susceptibility, interest rate and recovery of contributions
Section 25 Principles of economic governance
Section 26 Conclusion of contracts, change of claims
§ 27 Establishment of the economic plan
§ 28 Execution of the economic plan
§ 29 Financial statements
§ 30 Use of divestment redeeming

Fifth Section

Supervision

Section 31 Supervision

Sixth Section

Resolution

Section 32 Resolution

Seventh Section

Melde-and
Disclosure requirements; Administrative Offences

§ 33 Reporting requirements of the members of the oil stockholding association and of warehand stockholders
Section 34 List of inventories, reporting requirements
§ 35 Monthly reports of inventories
§ 36 Reports of specific inventories
Section 37 Other reporting requirements
§ 38 Disclosure requirements, examination rights
§ 39 Participation of the financial administration
§ 40 Fines
Section 41 Transitional provision
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§ 1 Bevoring

In order to ensure the security of energy supplies, stocks of crude oil and petroleum products are kept as a central stockholding body by the oil stockholding association in accordance with this law.

First section
Tasks of the oil storage association

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§ 2 General

(1) The oil stocks association is a legally competent statutory body of public law based in Hamburg. (2) The task of the oil storage association is to comply with the obligation to supply it in accordance with this law. (3) The oil stocks association may take over from other Member States of the European Union or their central stockpits for a given period of time tasks relating to the management of their supplies. This requires the consent of the Federal Ministry for Economic Affairs and Energy. (4) The oil supply association may participate in private companies, provided that the intended purpose is not better and more economical to other companies. By way of example, it is possible to achieve a certain amount and limit the deposit obligation of the oil storage association to a certain amount. The acquisition requires the consent of the Federal Ministry for Economic Affairs and Energy in agreement with the Federal Ministry of Finance. Unofficial table of contents

§ 3 Obligation to supply

(1) From 1 April of each year to 31 March of the following year (the storage period), the oil stockholding association shall keep stocks of crude oil and petroleum products at a level which shall be at least the daily Average net imports within the scope of this Act for 90 days in relation to the last three calendar years preceding the storage period (reference period). The average daily net imports shall be calculated in accordance with paragraph 3. (2) If the obligation to be required under paragraph 1 is lower than the daily average net imports for 90 days in the last calendar year preceding the storage period, this shall be calculated. The calendar year shall be used as the reference period. In this case, the oil stockpile has to adjust its stocks to this level within six months of the beginning of the storage period. The expected development of the obligation to supply the data in the current calendar year shall be taken into account. (3) The net imports of a calendar year shall be calculated on the basis of their crude oil equivalent by the addition of the net imports of crude oil, natural gas condensates, refinery feedstock and other hydrocarbons referred to in Annex B, Section 4 of Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 June 2008. October 2008 on energy statistics (OJ C 327, 18.12.2008, p. OJ L 304, 14.11.2008, p. 1). These are adjusted for stock changes and reduced by a naphtha yield of 4 percent. If the actual average naphtha yield of a calendar year in the scope of this Act exceeds 7%, the sum of this actual share shall be reduced. To be added to this sum are the net imports of all other petroleum products in accordance with Annex B, Section 4 of Regulation (EC) No 1099/2008, with the exception of naphtha, which is adapted to changes in stock and multiplied by a factor of 1,065 . The sum thus determined shall be deducted from deliveries for the bunkering of international shipping, multiplied by a factor of 1.065. The average daily net imports to be taken into account shall be the quotient of the annual net imports thus determined and the number of days of the corresponding calendar year. (4) Are the quantities of crude oil referred to in paragraph 3; and Petroleum products for storage in free zones or customs warehouses shall be deemed to have been imported only after import duties. The import or export shall be the same in or out of the scope of this Act. (5) Biocraft and biofuels and additives shall be taken into account in the calculation of the stock to be kept in accordance with paragraph 1. if they are mixed with the petroleum products in question. If, in the case of a product, the mass fraction of the bio-fuels or biofuels exceeds the mass fraction of the mineral-oil-based petroleum products, only the mineral-oil content of the product shall be used for the calculation of the storage height. Unofficial table of contents

§ 4 fulfillment of the obligation to supply

(1) The oil stocks association may fulfil its obligation to supply supplies by holding supplies
1.
Oil,
2.
Petrol, diesel fuel, fuel oil, extra light, and petroleum-based aviation turbine fuel.
(2) The obligation to supply a stock may also be fulfilled by holding stock of components, provided that:
1.
are stored in the same tank store or in the same refinery, or in tank warehouses or refineries connected to in-company lines, and
2.
ensure that they can be immediately mixed up to a specific petroleum product in accordance with paragraph 1 (2) without processing.
(3) Bioplastics and biofuels as well as additives shall be taken into account in the calculation of the quantities actually held if they have been mixed with the relevant petroleum products in accordance with the specification. Biofuels and additives shall also be taken into account if they are to be added to the petroleum products referred to in paragraph 1 (2) which are held for the purpose of carrying out the storage obligation and, within the scope of this Act, to of the same refinery, or in the same tank storage facility, or in tank stores, or refineries connected to operational lines. Biofuels may be credited to the extent to which they can be added to the existing petroleum products in accordance with the specification. (4) The oil stockholding association has at least one third of the stocks to be kept in accordance with § 3 shall be kept in the form of petroleum products referred to in paragraph 1 (2). Closer to the quantity ratio of the stored oil to the stored petroleum products, the Advisory Board sets out guidelines which require the approval of the Federal Ministry for Economic Affairs and Energy. (5) The amounts of stocks held will be as follows: shall be taken into account in order to comply with the obligation to supply:
1.
oil stocks of 96%,
2.
Stocks of petroleum products referred to in paragraph 1 (2) with their crude oil equivalent, which is obtained by multiplying the sum of these quantities by a factor of 1.2.
A percentage of 10% is deducted from the quantities thus determined. (6) In order to comply with the obligation to supply stocks, inventories can be taken into account in the scope of this Act or in another Member State. of the European Union, and shall be maintained as follows:
1.
in storage tanks of refineries,
2.
in transfer bearings for non-bottled oil,
3.
in tank warehouses on piping,
4.
in caverns,
5.
on tankers in ports, if they are ready to delete the cargo, or
6.
in the form of tank floor contents.
Not to be taken into account for the fulfilment of the obligation to provide the storage obligation are not yet sponsored oil and supplies, which are kept as follows:
1.
in oil pipelines,
2.
in road tankers,
3.
in railway tank wagons,
4.
on lighters,
5.
on coastal tankers,
6.
in the bunkers of ships,
7.
in gas stations,
8.
in retail stores,
9.
of other consumers,
10.
as operating stocks,
11.
in the case of inland tankers,
12.
on tankers at sea, or
13.
as military supplies.
(7) The obligation to supply a stock may not be met with stocks held for a pre-rattled undertaking or any other place in another State which is required to be held in place. Unofficial table of contents

§ 5 Specific stocks

(1) The Federal Ministry for Economic Affairs and Energy may make a written undertaking by the Federal Ministry for Economic Affairs and Energy to keep inventories of petroleum products as specific stocks. Specific stocks shall be those stocks of petroleum products referred to in Article 4 (1) (2), which are the property of the oil stockpile and satisfy the conditions set out in paragraphs 2 to 7. The Federal Ministry for Economic Affairs and Energy is responsible for the number of stocks of specific stocks and the selected petroleum products. The provisions shall remain in force for a period of at least one year and may be amended only with effect from the first day of a calendar month. (2) The number specified by the Federal Ministry of Economic Affairs and Energy in accordance with the third sentence of paragraph 1 A minimum level of stocks of stocks of specific stocks is at the stock. This minimum level shall apply in the same way to:
1.
Petrol,
2.
Diesel fuel and heating oil Extra Light and for
3.
Petroleum-based fuel-based fuel,
provided that they have been selected as specific stocks. (3) The sum of the crude oil equivalent of the quantities of petroleum products consumed in the domestic territory, selected as specific stocks, must be made in the calendar year preceding the storage period at least 75 per cent of the raw oil equivalent of domestic consumption referred to in paragraph 4. In the calculation of the quantities referred to in the first sentence, Article 3 (5) shall apply mutatily. The crude oil equivalents referred to in the first sentence shall be obtained by multiplying the respective quantities of petroleum products by a factor of 1.2. (4) The total domestic consumption of petroleum products shall be the sum of the aggregate "Gross Domestic Deliveries" in accordance with Annex C, section 3.2.1 of Regulation (EC) No 1099/2008, only the products of motor gasoline, aviation fuel, aviation turbine fuel (on naphtha or JP4), petroleum-based aviation turbine fuel, other kerosene, diesel oil/gas oil (distilled Heating oil) and heating oil (with a high or low sulphur content) in accordance with Section 4 of Annex B to Regulation (EC) No 1099/2008. No account shall be taken of stocks for the construction of international shipping. (5) The number of stocks of individual stocks held shall be calculated on the basis of the ratio of the crude oil equivalent of these stocks and the ratio of the quantities of the stocks held in each of the stocks. Crude oil equivalent of the average daily domestic consumption of these petroleum products in the calendar year preceding the storage period. (6) Specific stocks are in storage tanks of refineries, in tank storage tanks, in transshipment stores for not bottled oil or in caverns. (7) The The oil stocks association shall maintain the minimum level of specific stocks referred to in paragraph 2 throughout the entire period referred to in Article 36 (4). It may only temporarily fall below the minimum level if this is due to individual replacement measures, including exchange measures to maintain quality or to adapt the stocks to revised specifications, or (8) Specific stocks held or transported within the scope of this Act shall not be subject to the seizure or any other measures of enforcement. Unofficial table of contents

§ 6 Prefratchkeeping

(1) The oil stockholding association acquires the supplies required for the performance of the storage obligation and closes, for the purpose of storage, in particular purchase, rental and warehousing contracts via the above-and underground storage space. (2) Procurement the supply of stocks of petroleum products to the stocks of petroleum products shall, as far as economically justifiable, align with the consumption structure of the petroleum products. The Advisory Board is determined by guidelines which require the approval of the Federal Ministry for Economic Affairs and Energy. (3) In the case of stocks, stocks and inventories are to be distributed regionally in a balanced way. Stocks may be stored more strongly in individual regions, as far as this is necessary for technical and economic reasons and the supply of supplies to the other regions is ensured. The Advisory Board shall be determined by guidelines which require the approval of the Federal Ministry for Economic Affairs and Energy. (4) The inventories shall be stored in such a way that they can be continuously supplied to consumption within the following time limits:
1.
within 90 days, insofar as petroleum products and components are concerned,
2.
within 150 days, as far as oil is concerned.
In exceptional cases, the time-limits set out in the first sentence may be exceeded in the case of underground storage by up to 10 per cent, provided that the storage areas are to be used more economically and that the supply of petroleum products is not secured. (5) The Advisory Board shall, on the basis of a proposal from the Management Board, determine guidelines for the acquisition of stocks. (6) The oil stockholding association shall ensure that its supplies are available and physically accessible at any time, and not without , its explicit consent is being outsourced. It shall also ensure that, prior to outsourcing of specific stocks outside the scope of this Act, the approval of the competent authorities of the State concerned or its central stockholding body shall be obtained. The oil stockpile meets rules for the identification, accounting and control of its stocks, so that they can be reviewed at any time. This shall also apply in so far as its inventories are mixed with third party stocks. (7) § 882a (2) sentence 1 in conjunction with the first sentence of paragraph 3 of the Code of Civil Procedure shall be based on the assets of the oil stockpile, with the exception of the specific stocks in the Do not apply the terms of § 5. Unofficial table of contents

Section 7 Delegations

(1) The oil stockholding association may also conclude contracts with which members or third parties undertake to keep stocks in stock (delegations). (2) The conclusion of contracts on delegations shall be concluded by the oil stockholding association. only if the requirement in accordance with § 6 (3), the adjustment of the stock level in accordance with § 3 (2) or the consumption-fair supply of stocks in accordance with § 6 (2) cannot be met economically in any other way and the stocks held in this way are not are at all times fully available to the oil stocks association. Section 4 (6) shall apply. (3) The total quantity of delegations shall not exceed 10 per cent of the obligation to supply the information in accordance with § 3. If time-limited agreements are concluded on the basis of individual replacement measures, including exchange measures for quality maintenance or for the adjustment of stocks to modified specifications or consumption structures, In so far as the Federal Ministry for Economic Affairs and Energy has agreed in individual cases, the maximum limit as set out in sentence 1 shall not be complied with. (4) For delegations outside the scope of this Act, Section 8 (2) shall be amended accordingly. (5) For the conclusion of delegations, the Advisory Council shall, on a proposal from the Board guidelines fixed. Unofficial table of contents

§ 8 Transfer of tasks

(1) The oil stocks association may, for a given period, transfer to undertakings tasks relating to the management of its stocks, including specific stocks within the meaning of Section 5. However, the sale and purchase of specific stocks may not be transferred. The tasks entrusted may not be transferred further by the undertakings. (2) The transfer or modification or extension of a delegation of tasks relating to the management of stocks held in another Member State of the The European Union requires prior authorisation from both the Federal Ministry of Economic Affairs and Energy and those Member States on whose territory the stocks are held. The application to the Federal Ministry for Economic Affairs and Energy has the following information:
1.
the owner and the storeroom of the stocks, including the addresses,
2.
stored quantities,
3.
storage period,
4.
information on which petroleum product is stored or whether oil is stored; and
5.
the indication as to whether they are specific stocks within the meaning of § 5.
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§ 9 Preprudent for other stocks

(1) The oil stocks association shall continuously publish full information, broken down by oil and petroleum products in section 4 (1) (2), on the quantities of stocks which it shall supply to interested central stockholding bodies of other Member States of the European Union is capable of holding. It does not provide a stockholding for any stockholding company. (2) The oil stockholding association shall publish at least seven months in advance the conditions under which it is prepared to hold supply quantities. The conditions for this, including scheduling, may also be determined in a competitive procedure with the aim of determining the best offer. The oil stocks association shall offer this supply of stocks under objective, transparent and non-discriminatory conditions. Unofficial table of contents

§ 10 Management by companies for other stocks subject to stock

(1) Companies established within the scope of this Act may be inventories, including specific stocks, on behalf of other Member States, as well as of undertakings and central stockpiles of other Member States of the European Union. (2) The prior consent of the Federal Office for Economic Affairs and Export Control and of the Member State on whose behalf the inventories concerned are held shall be subject to prior agreement. In accordance with Article 8 (2), second sentence, it is necessary to indicate whether they are specific stocks within the meaning of Article 9 of Council Directive 2009 /119/EC of 14 September 2009 on the obligation of Member States to provide for minimum stocks of Petroleum and/or petroleum products (OJ L 327, 28.4.2002, p. OJ L 265, 9.10.2009, p. The first sentence shall also apply to any modification or extension of such a stockholding. (3) The undertakings given to undertakings may not be further transferred. (4) In the case of stocks in free zones and customs warehouses, paragraph 1 shall not apply until Import duty. Unofficial table of contents

Section 11 Adaptation to the obligation to supply

(1) If an increase in the existing supply obligation is to be expected for the following storage period, the oil stocks association shall, if economically indicated, already increase its inventories beforehand. (2) The stocks shall be increased by the stocks. The oil stocks association may divest the quantity exceeding 5 per cent in accordance with § 3 by more than 5 per cent. If the inventories exceed the obligation to supply the stock by 5 per cent or less, a disposal of stock quantities is only possible in agreement with the Federal Ministry for Economic Affairs and Energy. Prior to the divestment, the expected development of the obligation to supply the data shall be taken into account in the current calendar year. (3) Without prejudice to § 26 (1), the principles of a competitive procedure.

Second section
Release of supplies

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Section 12 Release of stocks, Regulation authorisations

(1) The Federal Ministry for Economic Affairs and Energy is authorized to:
1.
Prevention of imminent or rectified disruptions in energy supply,
2.
To prevent a significant and sudden decline in the supply of crude oil or petroleum products to the scope of this Act or to one or more other Member States of the European Union, whether or not they are (a) international decision to place stocks on the market or not (significant supply disruption),
3.
Fulfilment of obligations arising from a decision of the Governing Board of the International Energy Agency, according to which markets are placed on the market by the placing on the market of members ' stocks, by additional measures or by a combination of both oil or petroleum products (international decision to place supplies on the market),
4.
support from Member States of the International Energy Agency or of the European Union in solidarity with the Member States,
5.
immediate response in cases of special urgency or
6.
Remediation of local crisis situations
by means of a legal regulation which requires the consent of the Bundesrat, to regulate temporarily lower quantities of crude oil, petroleum products or a combination of both, than is required under this law (clearance). In this regulation, the Federal Office of Economics and Export Control may be empowered to oblige the oil supply association to supply certain customers, to the extent that this is necessary in order to supply the goods to the To ensure the population or public institutions with vital goods or services. The security of the energy supply as a whole in the regions supplied by the companies must be taken into account in an appropriate way. If only local disturbances are to be countered, this legal regulation may be restricted to individual stock storage facilities. The approval of the Federal Council shall not be required if the release extends to a period of not more than six months. (2) The legal regulation referred to in the first sentence of paragraph 1 shall be repealed as soon as the reasons justifying its adoption (3) The Federal Ministry for Economic Affairs and Energy is also authorized to determine by means of a regulation which requires the consent of the Federal Council, until the date of the obligation to restock according to § 3. (4) The Federal Ministry of Economic Affairs and Energy shall immediately inform the Commission of the European Union and the International Energy Agency. (5) If stocks are released, they shall be released. are offered as a priority to the members of the oil stocks association, taking due account of their share of the costs of the oil supply association. A member of the oil stockholding association may, in whole or in part, withdraw the supply quantities offered to him to another member of the oil stockpissing association. The released inventories are to be sold at market prices. The oil stocks association may, in agreement with the Federal Ministry of Economic Affairs and Energy, be able to supply the released stocks or equivalent quantities not withdrawn in this way to the members of the oil stockpile within the framework of a offer subsequent offer procedures at market prices or via a tendering procedure. The Advisory Council shall, by way of Directives, be determined by Directives. (6) Provided that they are kept within the scope of this Act for another Member State of the European Union, provided that such stocks are for a measure pursuant to Article 20 of the Directive 2009 /119/EC, neither the foreclosure nor the seizure, nor can they be justified on the basis of a right of retention. (7) The Federal Ministry for Economic Affairs and Energy is at any time in the case of a significant Interrupting the supply of intervention plans and organisational measures Implementation of these plans shall be made available and shall inform the Commission of the European Union on their request.

Third Section
Members, organs and articles of association of the oil-stock supply association

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§ 13 Membership

(1) Member of the oil stocks association is who imports petrol, diesel fuel, fuel oil extra light or aviation turbine fuel on a petroleum basis or for its own account in the commercial or economic activities of petrol, diesel fuel, diesel fuel, diesel fuel, diesel fuel, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel oil, fuel The scope of this law shall be established or produced, provided that the total quantity imported or produced per calendar year is at least 25 tonnes. (2) The importation shall be the same as the other movement within the scope of this Act. The membership referred to in paragraph 1 shall be justified irrespective of the intended use of petroleum products. The petroleum product referred to in paragraph 1 shall also apply to any mineral-oil product not mentioned in that paragraph from the date on which it is intended for use in energy as one of the products referred to therein; (3) The membership shall not be justified by the importation of the petroleum products referred to in paragraph 1, provided that they are imported into the fuel tanks of motor vehicles, rail vehicles, ships or aircraft (4) If the import is a contract with a non-resident on the acquisition of the Petroleum products for the purpose of importation (import contract) are based, only the resident contracting party shall be the importer within the meaning of this Act and thus a member of the oil-supply association. Any person who merely acts as a carrier or carrier or in a similar position with the placing of the petroleum products shall not be the importer. (5) The petroleum products referred to in paragraph 1 shall be imported by a non-resident, Member of the oil supply association The one with registered office within the scope of this law, which acquires the ownership of the petroleum products from the non-residents. If the above-mentioned acquirer is not resident in its territory, the latter shall become a member of the oil stockholding association of the last resident warehousekeeper, who has taken the petroleum products into his or her warehouse. If a non-resident makes the petroleum products for its own account, a member of the oil supply association is the one who makes it for him within the scope of this law. (6) The process of manufacture also applies to the processing or mixing of petroleum products or other components, where the processing or mixing operation of one of the petroleum products referred to in paragraph 1 arises or the total quantity of such an oil product is increased. Sentence 1 shall not apply if only substances for colouring, labelling or similar purposes with a total quantity of less than 1 per cent are added as an additive to the petroleum products subject to storage. (7) Membership shall begin with the first-time fulfilment of one of the facts of paragraph 1. This shall also apply in the case of paragraph 5. Membership shall expire at the end of the calendar year in which the membership of the body is no longer fulfilled. Unofficial table of contents

Section 14 Institutions

The organs of the oil storage association are
1.
the General Assembly,
2.
the Advisory Council and
3.
the board.
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§ 15 Articles of Association

(1) The oil stocks association shall have a statute. The statutes and their amendments are decided by the General Assembly and require the approval of the Federal Ministry for Economic Affairs and Energy. (2) The Articles of Association may provide that the membership fees in the bills of the members (3) The Articles of Association and their amendments shall be published in the electronic Federal Gazette (Bundesanzeiger). Unofficial table of contents

§ 16 General Assembly

(1) The General Assembly shall consist of the members of the oil-storage association. Members shall be charged no later than four weeks before the meeting, indicating the agenda. They are considered to be charged when the load has been made public at that time in the electronic Federal Gazette. (2) The General Assembly is without regard to the number of published quorum if the published more than one (3) The General Assembly decides on the discharge of the Board of Directors and the Advisory Board as well as on the other of the members of the Board of Directors by this Act or by the the statutes conferred upon it. The discharge is subject to the approval of the Federal Ministry for Economic Affairs and Energy in agreement with the Federal Ministry of Finance. (4) The Board of Management has convened a regular general meeting once in the financial year and the To inform the General Assembly about the affairs of the oil storage association. He has to convene an extraordinary general meeting if he is requested in writing, stating the purpose and the reasons
1.
of 10 percent of the members,
2.
of members whose votes together reach 30 percent of the votes of all members, or
3.
by the Advisory Council, with a majority of 75 per cent of its members.
(5) Decisions of the General Assembly shall require a majority of 75 per cent of the votes of the members present or represented. The Executive Board informs the Federal Ministry for Economic Affairs and Energy of the resolutions of the General Assembly. Unofficial table of contents

§ 17 Voting law, regulation empowerment

(1) Each member shall in principle receive one vote. Members who have produced or imported a certain minimum quantity of petroleum products referred to in Article 13 (1) less of the quantities listed in Article 23 (2), first sentence, points 1 to 3 shall be granted further votes. (2) The other Votes shall be staggered in accordance with the minimum quantity referred to in paragraph 1. This minimum quantity shall be determined in such a way as to ensure that the voting rights of the members take due account of their share in the amount of contributions. At the same time, legitimate minority interests must be protected and the requirement to form working majorities is to be taken into account. (3) The Federal Ministry for Economic Affairs and Energy is authorized to act with the consent of the German Federal Ministry of Economics and Technology details of the voting rights of Members in accordance with paragraphs 1 and 2 of this Article. Unofficial table of contents

Section 18 Advisory Council

(1) The Advisory Board shall consist of at least nine members. (2) Six members of the Advisory Board shall be elected by the General Assembly for a period of three years. The term of office shall end with the expiry of the third following ordinary general meeting. Re-election shall be admissible. Natural persons who are members of the oil storage association or who are entitled to represent a member or associations of members according to the law, statutes or contracts. (3) Three members of the advisory board are to be elected. be selected from the group of undertakings which, within the scope of this Act, manufacture petroleum products subject to storage under the control of a refinery or which are under the dominant influence of such a manufacturer, or which are subject to the control of to be able to exert such influence. Three other members of the advisory board are to be elected from the circle of other members of the oil stocks association. (4) As further members, the Advisory Council is a member of the Federal Ministry for Economic Affairs and Energy, a Federal Ministry for Economic Affairs and Energy. of the finances and of a representative appointed by the Federal Council. The representative appointed by the Federal Council will be seconded for three years. The Federal Ministries and the Federal Council may convene their representatives at any time. (5) Up to two additional members of the Advisory Board may be appointed by the Federal Ministry for Economic Affairs and Energy. (6) For each Member other than the members referred to in paragraph 5, an alternate member shall be elected or posted. Paragraphs 2 to 4 as well as 8 and 9 shall apply accordingly. (7) The Advisory Council shall elect a chairman and his deputy by a majority of the elected members. (8) A elected member of the Advisory Board shall be elected on the grounds of omission of the conditions. in accordance with the fourth sentence of paragraph 2 or for any other reason, a new member shall be elected for the remainder of his term of office at the next General Assembly. The new member of the Advisory Board is to be elected from the same member circle to which the retired member has been a member. (9) The members of the Advisory Board are obliged to carry out their duties impartially. They shall maintain secrecy in so far as they become aware of the operational and business secrets of the oil stocks association or its members in the course of their duties. Unofficial table of contents

Section 19 Tasks of the Advisory Board

(1) The Advisory Council
1.
Monitors the activities of the Executive Board,
2.
advises on all issues which are of fundamental importance to the oil stocks association; and
3.
shall carry out the other duties assigned to him by this Law or by the Statute.
(2) Within the framework of its tasks, the Advisory Council may:
1.
Require the Management Board to report and inspect the documents of the Petroleum Management Association; and
2.
Give instructions to the Executive Board; the articles of association shall be governed by more detailed instructions.
(3) The Advisory Board shall be validly quorum if at least six of its members are present, taking into account in the case of the prevention of the respective depute. Decisions of the Advisory Council shall be taken by a majority of the votes cast by the members or in the event of a prevention of the votes cast by their alternates present. A majority of 75 percent of the votes cast
1.
Decisions pursuant to articles 21 (4), 27 (5) and 28 (2),
2.
Instructions to the Board of Directors and
3.
the appointment and dismise of the board.
(4) Decisions of the Advisory Board pursuant to § 6 (5), § 30 (2) sentence 2, (3) (2) and (5) require the approval of the representatives of the Federation in the Advisory Council. (5) The Chairman of the Advisory Board shall represent the Petroleum Advisory Board with regard to the members of the board of courts and out of court. Unofficial table of contents

Section 20 Committees of the Advisory Board

(1) The Advisory Board may establish an Economic Committee and a Management Committee, which shall advise the Advisory Board and the Executive Board. A maximum of eight members shall be appointed by the Advisory Committee to each committee. The members and alternates of the Advisory Forum may participate in the meetings of the committees. Section 18 (9) shall apply to the members of the committees accordingly. (2) The Economic Committee shall review the draft economic plan and the level of the contribution rate on which it is based, as well as the annual accounts. He also advises in particular on matters relating to the financing of the oil stockholding association. (3) The Management Committee advises on questions of stockpiling and its economic efficiency, quantity planning and storage (4) The Advisory Committee shall draw up a point of order to the committees. Unofficial table of contents

Section 21 Executive Board

(1) The Board of Directors consists of two persons who are appointed by the Advisory Board and may not belong to the Advisory Board. The term of office of the Executive Board is five years. A new order is admissible. (2) The Advisory Board may convene a member of the Management Board for important reasons before the end of his term of office. If a member of the board of directors leaves the office prematurely, the advisory board appoints a new member of the board of directors. (3) In the articles of association, it is possible to determine more about the representation of the members of the board of directors and the granting of powers of atonation. (4) The rules of procedure of the Board of Management require the approval of the Advisory Board. (5) If the members of the Board of Management cannot agree on the conduct of a business which is the subject of the Management Board, then the Board of Directors may not agree to the Board member call the advisory board, which then makes the decision. Unofficial table of contents

Section 22 Tasks of the Executive Board

(1) The Executive Board
1.
conducts the operations of the oil-stock supply,
2.
decides on the affairs of the oil stocks association, which are not assigned to any other institution, and
3.
shall carry out the other duties assigned to him by this Law or by the Statute.
(2) The Board of Management represents the oil supply association in court and out of court, unless otherwise provided in this law.

Fourth Section
Contributions, economic governance

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§ 23 Contributions

(1) The appropriations necessary for the performance of the duties of the oil supply association shall be provided by contributions from its members. More details are provided for the contribution rate. The contribution rate and its changes are decided by the General Assembly and require the approval of the Federal Ministry for Economic Affairs and Energy; they are to be published in the electronic Federal Gazette. (2) The amount of the respective contributions shall be determined in accordance with the quantities of petroleum products imported and produced by the Member pursuant to Article 13 (1), minus
1.
of the quantities exported, except
a)
the quantities in free zones and customs warehouses which are not considered to be imported in accordance with the second sentence;
b)
the contents of the fuel tanks of motor vehicles, rail vehicles, ships or aircraft,
2.
of the quantities used for the bunkering of seagoing ships within the meaning of Section 4 (2) in conjunction with Section 8 (1) (1) and (4) of the VAT Act as amended by the Notice of 21 February 2005 (BGBl. 386), as last amended by Article 2 of the Law of 5 April 2011 (BGBl. 554),
3.
the quantities,
a)
which are supplied to a further processing operation in a mineral oil manufacturing plant, or
b)
which are used for chemical processing for non-use purposes, if this total process is comparable to a continuous production process.
Where the petroleum products referred to in the first sentence have been placed for storage in free zones or customs warehouses, they shall be deemed to have been imported only after the import duty. The export is the same as the other transfer from the scope of this Act. (3) In individual cases, the quantities of withdrawal shall be subject to the quantities of production and import, to the extent that a claim shall be made to the oil storage association. Contribution refund. A claim for reimbursement of contributions may also be claimed by those who, without being a member, have implemented an act of paragraph 2 (1) to (3) (non-members). The condition is that the claim has been assigned to them and that they have submitted to the oil storage association in writing the information and proof obligations of § 38 (2) and (3) which apply to members. (4) If the processing or mixing process within the meaning of § 13 (6) merely increases the total quantity, only the additional quantity shall be deemed to be produced by the processing or mixing process. If the proportion of non-mineral-oil-containing components exceeds the proportion of the mineral-oil-containing components during the processing or mixing process, only the mineral-oil content of the contribution is subject to the duty. The rates 1 and 2 shall apply in accordance with the quantities referred to in Article 13 (2), third sentence, and products imported or in the scope of this Act. (5) The amount of the contribution rate in euro per tonne shall be subject to the conditions laid down in Article 27 (5) of this Regulation. To take account of the expected financial requirements in the financial year, in accordance with a single rate for all members. The amount of the contribution rate is calculated by dividing the amount of contribution effective to be expected in the financial year to the quantities to be expected in the financial year pursuant to paragraph 2. (6) The contribution rate is known in the electronic Federal Gazette done. Unofficial table of contents

§ 24 Due date, interest rate and recovery of contributions

(1) The contribution level shall be determined by the person responsible for the contribution for each month. The contribution is to be paid for each month unsolicly until the end of the next month to the oil storage association. This is entitled, in exceptional cases, to require an appropriate security benefit for the contribution payment. (2) If the contribution is not paid by the contributor to his/her obligation, a notice of the contribution of the oil stocks association shall be issued. (3) A offsetting against the contribution debt shall not be found (4) If the debtor is in default with the payment of the contribution, the backward contribution, including the turnover tax, shall be 3 percentage points above the interest rate of the marginal lending facility of the European Union. Central Bank (SFR-interest rate) to be galvanissed annually. The interest rate in force on the first one month shall be used for each of these days of this month. (5) Contributions and interest shall be recovered in accordance with the provisions of the Administrative Enforcement Act. § 194 et seq. shall be based on the limitation of contributions receivings and claims for reimbursement. of the Civil Code. Unofficial table of contents

§ 25 Principles of economic management

(1) The oil stocks association is self-employed in its economic management, provided that this law does not determine anything else. The provisions of the Federal Budget Regulations referred to in § 105 (1) (1) (1) and (2) of the Federal Budget Code shall not apply. (2) The Oil Industry Association has to conduct a commercial accounting according to commercial principles. The further details of the financial regulations of the oil storage association are regulated. The financial statute will be decided by the General Assembly in agreement with the Federal Ministry of Economic Affairs and Energy, the Federal Ministry of Finance and in consultation with the Federal Court of Auditors. The financial statute provides for more detailed rules on the drawing up and implementation of the economic plan, on the accounting and accounting of the oil stocks association and on the situation of the financial year. The financial statute and its amendments must be published in the electronic Federal Gazette (Bundesanzeiger). (3) The oil stocks association provides an economic plan for each financial year. (4) In order to maintain the current business activity, it is possible to the oil stocks association borrow in the amount of half of the contribution income of the previous financial year. In order to finance the acquisition of fixed assets, the oil stocks association may, in accordance with the economic plan, borrow to the extent necessary for the performance of the tasks entrusted to it under this Act. Unofficial table of contents

Section 26 Conclude of contracts, modification of claims

(1) The conclusion of contracts relating to the procurement of supplies and services must be preceded by a public invitation to tender, unless the nature of the business or special circumstances justify an exception. Above the threshold values, the obligations of the oil supply association under the fourth part of the Act against restrictions on competition apply. The conclusion of contracts shall be followed in accordance with the uniform directives of the Advisory Council. These require the consent of the Federal Ministry for Economic Affairs and Energy. (2) Before receiving the consideration, the services of the oil storage association may only be agreed or effected if this is common practice or by special (3) The oil supply association may be at its disadvantage
1.
cancel or amend contracts only in exceptional and well-founded exceptional cases; and
2.
only complete a comparison if it is appropriate and economic for it.
The repeal, the amendment and the comparison referred to in the first sentence shall be subject to the consent of the Advisory Council when certain thresholds are exceeded. More details are laid down in the financial regulations. (4) The oil stocks association shall be entitled to claim only
1.
hours if the immediate confiscation would be associated with severe hardship for the claimant and the claim is not endangered by the stunction; the stunction shall be against reasonable interest rate and usually only against security performance shall be granted;
2.
, if it is established that the confiscation will not be successful or if the costs of recovery are disproportionate to the amount of the claim;
3.
in cases where the confiscation of the situation of the individual case would constitute a particular hardship for the opponent; the same shall apply to the reimbursement or settlement of amounts paid and the release of collateral.
The deferment, the suppression and the adoption of claims 1 to 3 shall be subject to the consent of the Advisory Board if certain thresholds are exceeded. More detailed rules are laid down in the financial regulations. Other provisions in legislation remain unaffected. Unofficial table of contents

Section 27 The drawing up of the economic plan

(1) The economic plan of the oil stocks association shall be used to plan and cover the needs for resources which are likely to be necessary for the performance of the duties of the oil stocks association in the financial year. The economic plan is the binding basis for economic management. (2) The economic plan shall be drawn up in accordance with the principles of economy and economy. (3) The economic plan shall be based on the economic plan. Claims or liabilities shall not be justified or cancelled. (4) The economic plan shall include:
1.
a plan to be set up in accordance with the principles of trade law,
2.
a financial plan in which the planned investments are also to be shown, and
3.
a contribution invoice and the contribution rate resulting from it for the next financial year.
(5) The Executive Board shall submit to the Advisory Board a draft of the economic plan and the related contribution rate for the next financial year. The economic plan and the contribution rate calculated in accordance with Section 23 (5) shall be determined by the Advisory Board no later than six weeks before the end of the financial year and shall be submitted to the Federal Ministry for Economic Affairs and Energy at least one month before the end of the of the financial year for approval. Prior to the approval of the contribution rate, the Federal Ministry of Economic Affairs and Energy shall establish the agreement with the Federal Ministry of Finance. If the oil stocks association has not adopted the economic plan and the contribution rate for the next financial year in good time in a form that can be approved and submitted to the Federal Ministry for Economic Affairs and Energy, the economic plan can be and the contribution rate for the next financial year from the Federal Ministry of Economics and Technology will be established and established. Sentence 3 shall apply in this case. (6) The details of the financial status of the oil storage association shall be laid down in detail. Unofficial table of contents

Section 28 Implementation of the economic plan

(1) The economic plan shall be carried out in accordance with the principles of economy and economy. (2) The fixed contribution rate may be adjusted during the course of a financial year. The adjustment must take place as far as is necessary to meet the needs of the funds. The rules of § 27 (5) apply accordingly. (3) expenses for which the approaches in the plan profit and loss account are not sufficient or for which there are no approaches (over and off-schedule expenses), are only permissible if: the coverage in the economic plan is guaranteed. Expenditure for which the estimates in the financial plan are not sufficient or for which there are no approaches (expenditure on or off-schedule) shall be permitted only if the cover is guaranteed in the economic plan. (4) The economic plan must be amended, if the plan-profit-and-loss account or the financial plan is significantly altered in relation to the economic plan. A significant change occurs if the total costs of the plan profit and loss account or the total expenditure of the financial plan exceed the respective overall rate by more than 10 per cent. In order to change the economic plan, § 27 (1) to (5) shall apply. (5) The financial regulations of the oil storage association shall be regulated in accordance with the provisions of this Regulation. Unofficial table of contents

Section 29 Annual financial statements

(1) The oil stocks association shall, at the end of each financial year, draw up an annual accounts in accordance with the principles of regular accounting and in accordance with the financial regulations. The annual accounts shall consist of:
1.
the balance sheet and
2.
the profit-and-loss account.
The annual financial statements are to be extended by an annex and a cash flow statement, which together with the balance sheet and the profit and loss account form a unit. (2) The annual accounts shall be accompanied by a management report. (3) The annual accounts and the The position report shall be reviewed by auditors or audit firms without prejudice to the audit carried out by the Federal Audit Office. The annual auditor is appointed by the Advisory Board in agreement with the Federal Ministry of Economic Affairs and Energy, the Federal Ministry of Finance and the Federal Audit Office. The audit report is to be submitted to the Federal Ministry for Economic Affairs and Energy; the Federal Ministry for Economic Affairs and Energy has to submit the annual financial statements and the audit report to the Federal Court of Auditors. (4) The Advisory Board examines the Annual accounts. The Advisory Board shall report to the General Assembly on the outcome of the examination and submit a proposal for the conclusion of the annual financial statements. Unofficial table of contents

§ 30 Use of divestment redeeming

(1) The net proceeds of disposal of inventories pursuant to Article 11 (2) shall be used for the purpose of redeeming the liabilities which have been entered into for the acquisition of the stocks. (2) The net proceeds in a financial year shall not be reached by the net proceeds. Average levels of inventories corresponding to the oil or petroleum product sold are to be paid out of contributions in the amount of the difference in amount. This may be waited by decision of the Advisory Board, to the extent that, in previous financial years, liabilities from net income which were above the corresponding average level of assets (surpluses) have been redeemed. If the contributions within a financial year are subject to a payment of 5% of the total value of all inventories present at the beginning of this financial year, the divestments shall be adjusted. (3) By way of derogation from paragraph 1 the Advisory Council may decide that surpluses included in the net income shall be used, such as contributions,
1.
as far as liabilities from contributions have been paid in previous financial years, or
2.
if 30 per cent of the liabilities which have been received for the purchase of the existing stocks and stocks have been paid out of contributions fillets and surpluses.
(4) The second sentence of paragraph 2 and point 1 of paragraph 3 shall apply only in so far as the assets of the oil stocks subject to time values exceed its debt. (5) The Advisory Board shall decide on the use of the surpluses after the repayment of the surpluses. Liabilities incurred for the purchase of stocks and stock storage facilities. In so far as such a decision does not take place, the surpluses shall be placed in a separate reserve. (6) The disposal of storage facilities shall be subject to paragraphs 1 and 2 accordingly.

Fifth Section
Supervision

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§ 31 Supervision

(1) The oil supply association is subject to the supervision of the Federal Ministry for Economic Affairs and Energy (supervisory authority). The supervision shall be limited to the legality of the operation of the oil storage association, unless otherwise specified by this law. In this connection, the Supervisory Authority shall, in particular, have the powers provided for in paragraphs 2 to 5. (2) The Supervisory Authority may at any time inform itself about the affairs of the petroleum-based storage association. It may request oral and written reports from the institutions of the oil-supply association and request or inspect files and other documents to the extent necessary to exercise their powers. (3) The supervisory authority shall: To repeal the decisions and orders of the institutions of the oil supply association which infringe applicable law; it must demand that measures taken on the basis of such decisions or orders be reversed. Where it is not necessary to take decisions or to take orders to which they are bound by applicable law, the supervisory authority shall require such decisions to be taken or such orders to be taken by the supervisory authority or to the competent authorities of the petroleum products. (4) If an institution of the oil stocks association is in breach of its obligations and is thereby endangling the performance of the duties assigned to the oil supply association under this Act, the supervisory authority may appoint a representative , who shall appoint the powers of the institution which infringes its obligations and the (5) If the Board of Directors or the Advisory Board does not have the minimum number of members required by this Act, the Board of Directors shall be responsible for the Supervisory authority shall set a deadline for the orderly formation of these institutions. If the minimum number of members is not reached even after the expiry of the period, the supervisory authority may appoint agents to exercise the rights of the missing members of the institutions.

Sixth Section
Resolution

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§ 32 Resolution

(1) The dissolution of the oil storage association shall be effected by law. The law also regulates the use of the then existing fortune. The Federal Republic of Germany takes over the remaining liabilities of the oil supply association at the time of dissolution. (2) No insolvency proceedings are held on the assets of the oil-supply association.

Seventh Section
Reporting and disclosure requirements; Administrative Offences

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Section 33 Reporting obligations of members of the oil stockholding association and stockholders

(1) The members of the oil supply association shall submit to it in writing, for each calendar month, by the end of the following month, the information necessary for the calculation of their contribution and for the determination of the level of the obligation to supply the oil. are required. (2) For petroleum products imported in accordance with Article 13 (5), first sentence, the warehousekeepers who have entered into their warehouse shall be obliged to pay the oil stockholding association for each calendar month until the end of the The following month, in writing, details of the non-residents, the customers and the nature and quantity of petroleum products. Unofficial table of contents

Section 34 List of inventories, reporting requirements

(1) The oil stockholding association shall draw up an up-to-date list of its stocks, including the delegations it has held. This list shall contain information on the storeroom, the quantities, the owner, the type of inventories and on delegations, the breakdown of which shall be based on Article 4 (1), as well as information on whether they are specific stocks (2) The Federal Office for Economic Affairs and Export Control shall send the Commission of the European Union, by 25 February of each year, a summary of the list referred to in paragraph 1 for the last day of the previous calendar year. This list shall contain information on the quantities and type of stocks and on whether they are specific stocks within the meaning of Section 5. The Federal Office of Economics and Export Control submits the necessary data to the Federal Office of Economics and Export Control (Bundesamt für Wirtschaft und Export Control). (3) On request of the Commission of the European Union, the Federal Office for Economic Affairs and Export Control shall send the following information: within 15 days a complete copy of the list referred to in paragraph 1. This copy may contain sensitive data on the site of the stocks, but this data must be made available in the event of a review pursuant to § 38 (4) within one week of the notification of the review. The oil stocks association has previously submitted the necessary data to the Federal Office of Economics and Export Control (Bundesamt für Wirtschaft und Export Control). (4) The oil stocks association will keep the full list for five years each. Unofficial table of contents

Section 35 Monthly reports of inventories

(1) The oil stockholding association shall report to the Federal Office for Economic Affairs and Export Control for each past month its inventories held at the end of the month in accordance with § 4. It has the delegations and the specific stocks. Petroleum products or petroleum products which are the subject of seizure or enforcement measures shall not be included in this report. The same applies to all stocks of companies that are in insolvency proceedings. The Federal Office for Economic Affairs and Export Control can provide the form and content of the notification. (2) The Federal Office for Economic Affairs and Export Control shall send the Commission of the European Union within 55 days of the end of a month and on request. final statistics on the stocks held on the last day of the respective calendar month within two months. The statistics shall be used to explain why the calculation is based on net imports and indicate that the inventories are calculated in accordance with Annex III (b) of Directive 2009 /119/EC. If stocks to be taken into account in the calculation according to § 3 are outside the scope of this Act, the inventories held in the various Member States of the European Union shall be listed in detail. (3) The Federal Office for the economy and export control, the Commission shall, within 55 days of the end of a month and on request within two months, send the European Union statistics on all stocks held on the last day of each month Calendar month within the scope of this Act for other Member States of the The European Union or its central storage centres shall be held. The statistics shall be broken down by oil and petroleum products in accordance with point 3.1 (1) of Annex C to Regulation (EC) No 1099/2008. (4) The Federal Office of Economics and Export Control shall keep the statistics and the statistics on which they are based. Data for five years. Unofficial table of contents

Section 36 Notifications of specific inventories

(1) The Federal Office for Economic Affairs and Export Control shall send the Commission of the European Union, by the end of the following month of the calendar month concerned and upon request, without delay, a statistic for each petroleum product in Section 5 (2) of the Treaty on the specific stocks held by the oil stocks association on the last day of the previous calendar month. The statistics shall indicate the quantities and the number of stocks of the reference year corresponding to these quantities. If the oil stocks association holds specific stocks outside the scope of this Act, the stocks held in the various Member States of the European Union shall be disclosed in detail. In addition, the Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Export Control), on the basis of the communication pursuant to § 34 (2) sentence 3, specifies the extent to which these inventories are the property of the petroleum stockpile. (2) The Federal Office for Economic Affairs and Export Control , the Commission shall send the European Union, by the end of the following month and on request, without delay, a statistic on the last day of the previous calendar month within the scope of this Act -specific stocks owned by other Member States of the European Union (3) The Federal Office for Economic Affairs and Export Control shall keep the statistics referred to in paragraphs 1 and 2 and the statistics referred to in paragraphs 1 and 2 and the (4) The Federal Office of Economics and Export Control shall send the Commission of the European Union an obligation to maintain specific stocks in accordance with § 5, provided that the oil stocks association has been obliged to keep specific stocks in accordance with § 5. Notice of publication in the Official Journal of the European Union, in which: specify the minimum number of days of consumption of specific stocks and the duration of the commitment. (5) If specific stocks are held for less than 30 days, the Federal Ministry of Economics and Energy shall forward the Commission of the European Union shall submit a report to the end of the first month of the calendar year to which the latter relates. This report shall include:
1.
an analysis of the regulatory measures to ensure that stocks are available and physically accessible in accordance with Article 6 (6), and to verify whether this is given, and to:
2.
a documentation of the arrangements which have been made to ensure the use of such supplies in the event of oil supply disruptions.
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§ 37 Other reporting requirements

(1) The Federal Office for Economic Affairs and Export Control shall send monthly information to the Federal Office of Economics and Export Control to the Federal Office for Economic Affairs and Export Control the information it has received for the calculation of the contributions from its members. The Federal Office for Economic Affairs and Export Control is entitled to verify the information. (2) The Federal Office for Economic Affairs and Export Control shall send the Commission of the European Union a monthly statistics on the level of the The scope of this law of companies held by companies whose stock is not required by this law. It ensures the protection of sensitive data and does not specify the names of the owners. Unofficial table of contents

§ 38 disclosure requirements, examination rights

(1) The Federal Office of Economics and Export Control shall, at the request of the Federal Office for Economic Affairs and Export Control, provide the Federal Office of Economics and Export Control with the information and submit the documents it needs to ensure compliance with the obligation to supply the oil. (2) The members shall, on request within a time limit set by them, provide the oil stocks association with the information and documents. in order to monitor the fulfilment of their contribution obligations and to to be able to verify the accuracy of the information in accordance with § 33. Where there is evidence that a person is engaged in an activity which establishes the membership of the oil stocks association, he shall, at the request of the oil supply association, be obliged to supply the information and to submit the documents, which are required to verify its membership pursuant to § 13. The Federal Office of Economics and Export Control (Bundesamt für Wirtschaft und Export Control) can also ask the Federal Office for Economic Affairs and Export Control to obtain the necessary data for this purpose. Persons are authorized to enter operating land and office premises of the oil supply association during the operating and business hours, and to visit the facilities located there and to examine the documents located there. The same powers shall be conferred on the board of the oil stocks association or by the Advisory Board of specially authorised examiners
1.
the members of the oil stocks association and
2.
such legal and natural persons, where, on the basis of certain facts, it is to be assumed that they are engaged in an activity which establishes the membership of the oil-supply association.
The persons referred to in the second and second sentence of the second sentence shall be subject to the measures referred to in the first sentence. (4) The Federal Ministry for Economic Affairs and Energy, the Federal Office for Economic Affairs and Export Control and the Petroleum Industry Association shall have the following: To support persons charged by the Commission of the European Union with the implementation of emergency preparers ' inspections. They shall ensure that these persons are granted access during the normal operating and business hours.
1.
all documents relating to the stocks and
2.
their premises and premises at sites where stocks are held and all related documents.
Any information obtained by these persons in the course of these verifications shall not be disclosed to any unauthorised person. Representatives of the Federal Ministry of Economic Affairs and Energy, the Petroleum Industry Association and the Federal Office for Economic Affairs and Export Control may accompany the review measures of the Commission of the European Union. (5) The The Federal Ministry for Economic Affairs and Energy, the Federal Office for Economic Affairs and Export Control, the Federal Office for Economic Affairs and Export Control, the Federal Office for Economic Affairs and Export Control, the Federal Office for Economic Affairs and Export Control, have been responsible for the management of stocks. and the persons of the Commission of the European Union, which shall be responsible for the Carrying out audits of emergency preparations, during normal operating and business hours
1.
to grant access to all premises and premises of sites where stocks are held; and
2.
shall, on request, submit all the documents relating to these stocks.
(6) If personal data are known in the case of verifications pursuant to paragraphs 3 to 5, they are neither recorded nor taken into account and, if they are inadvertd, are deleted immediately. (7) Information providers can provide information on refuse such questions as they themselves or in Section 383 (1) (1) (1) to (3) of the Code of Civil Procedure expose members of the risk of criminal prosecution or of proceedings under the Law on Administrative Offences (8) The provisions of paragraphs 1, 3 and 5 shall also apply to legal and judicial authorities; natural persons in whose direct or indirect possession or possession have been or have been in possession of crude oil or petroleum products after notification or information provided by the petroleum stockpiling association. (9) The The Federation of Petroleum Stocks has to inform a country at its request of facts concerning the existence of the stock in that country. (10) The Federal Court of Auditors may decide to clarify matters relating to the examination of the oil supply association. , directly to the participating companies of the Oil storage association during the usual operating hours and business hours on the holding, the books and the writings of the holding companies. Unofficial table of contents

Section 39 Participation of the financial administration

The Federal Financial Authorities shall be entitled to communicate to the Federal Office for Economic Affairs and Export Control and to the Petroleum Management Association the conditions of the persons concerned protected pursuant to Article 30 of the Tax Code, to the extent that this is necessary in order to: To monitor compliance with reporting obligations under this law. Unofficial table of contents

Section 40 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
Contrary to § 33 (1) sentence 1 in conjunction with a statutes pursuant to § 23 (1) sentence 2 or contrary to § 33 (2), an indication of not, not correct, not complete, not in the prescribed manner or not in time, does not make an indication
2.
Contrary to § 38 (1), even in conjunction with paragraph 8, or contrary to § 38 (2) sentence 1 or second sentence 2, an information is not issued, not correct, not complete or not in time, or a document does not, not correct, not complete, or does not present in time,
3.
contrary to the third sentence of Article 38 (3), including in conjunction with paragraph 8, a measure shall not be tolerated,
4.
, contrary to Article 38 (4), third sentence, information shall be forwarded,
5.
not granted access, contrary to § 38 (5) (1), or
6.
Contrary to Article 38 (5) (2), a document shall not be presented in good time, not in full or in a timely manner.
(2) The administrative offence can be punished with a fine of up to twenty thousand euros. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Act on Administrative Offences is the Federal Office of Economics and Export Control. Unofficial table of contents

Section 41 Transitional provision

If, in accordance with Article 3 (1) or (2) of this Act, the oil stockholding association has to hold higher inventories in the storage period from 1 April 2012 to 31 March 2013, than on 31 March 2012, it shall be required to have this higher stockholding obligation, in so far as it does not comply with The first sentence of Section 3 (1) and the second sentence of the second paragraph of this Act shall not be fulfilled until 1 January 2013. In this case, the amount of inventories held up to 1 January 2013 must be at least equal to the amount of stocks held on 31 March 2012.