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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Oil and petroleum product supply law (Petroleum BevG)

Non-official table of contents

Petroleum BevG

Date of expulsion: 16.01.2012

Full quote:

" Petroleum Management Act of 16. January 2012 (BGBl. 74), as defined in Article 336 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Amendment by Art. 336 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary yet non-exhaustive

See the menu under Notes
for details on the standstill.

Footnote

(+ + + Text evidence from: 1.4.2012 + + +)

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

content overview

§ 1 Bevoring
First section

Petroleum Storage Association Tasks

§ 2 General
§ 3Predisclosure requirement
§ 4 Fulfilment of the obligation to be required
§ 5Specific inventories
§ 6Prefratchment
§ 7Delegations
§ 8Transfer of tasks
§ 9Prefrath for others Stock
§ 10Company's stock of storage for other storage providers
§ 11Adjustment to storage requirement

section

Release of stock

§ 12Release of stock, regulation authorisations

section

Members, bodies, and statutes
of the petroleum storage association

§ 13Membership
§ 14 Institutions
§ 15Statutes
§ 16 Members ' meeting
§ 17Voting law, regulation empowerment
§ 18 Advisory Council
§ 19Advisory Board Tasks
§ 20 Advisory Board Committees
§ 21Board of Directors
§ 22 Tasks of the Executive Board

section

Contributions, economic management

23Contributions
§ 24Due date, interest rate, and contribution recovery
§ 25Principles of economic management
§ 26Conclution of contracts, Change of Claims
§ 27Economic Plan Schedule
§ 28 Execution of the economic plan
§ 29Financial Statements
§ 30 Use of divesters

section


supervision

§ 31 Supervision

Section





§ 32 Resolution

Seventh section

Reporting and
disclosure requirements; Administrative Offences

§ 33Reporting requirements of the members of the petroleum stockholding association and of stockholders
§ 34Directory Inventories, reporting obligations
§ 35Monthly reports of inventories
§ 36 Notifications of specific inventories
§ 37Other reporting requirements
§ 38disclosure requirements, audit rights
§ 39Financial Management Participation
§ 40Bußmonetary rules
§ 41Transitional
Non-official table of contents

§ 1 stockpings

To secure the energy supply, stocks of crude oil and Petroleum products held by the oil stocks association as a central storage facility.

First section
Tasks of the Petroleum Industry Association

Non-Official Table of Contents

§ 2 General

(1) The Petroleum Federation is a federal legal entity of the public Right with seat 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 stocktaking association may, for a given period, take over tasks relating to the management of its stocks from other Member States of the European Union or its central stockpits. This requires the consent of the Federal Ministry for Economic Affairs and Energy.(4) The oil stocks association may participate in private-sector companies, provided that the intended purpose is not achieved in a better and more economic way and the obligation to deposit the oil-stock supply association is not is limited 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. Non-official table of contents

§ 3 Obligation to Advance

(1) The oil storage association has 1. April of each year up to the 31. March of the following year (stock period) to keep stocks of crude oil and petroleum products at the same level as at least the average daily net imports into the scope of this Act for 90 days in relation to the last the storage period shall be three calendar years (reference period). The average daily net imports shall be calculated in accordance with paragraph 3.(2) Where the obligation to be required under paragraph 1 is lower than the daily average net imports for 90 days in the last calendar year prior to the storage period, this 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 shall be taken into account in accordance with the data in the current calendar year.(3) The net imports of a calendar year shall be calculated on the basis of their crude oil equivalent by the addition of net imports of crude oil, natural gas condensates, refinery feedstock and other hydrocarbons referred to in Annex B, Section 4 of the 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 maritime shipping, multiplied by a factor of 1.065. The average daily net imports to be taken into account are the quotient of the annual net imports thus determined and the number of days of the corresponding calendar year.(4) Where the quantities of crude oil and petroleum products referred to in paragraph 3 have been spent on storage in free zones or customs warehouses, they shall be deemed to have been imported in the first place with import duty. The importation or exportation shall be the same as in or out of the scope of this Act.(5) Biofuels and biofuels and additives shall only be taken into account in the calculation of the stock level to be kept in accordance with paragraph 1 if they are mixed with the petroleum products concerned. 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. Non-tampering table of contents

§ 4 Compliance with the obligation to be required

(1) The oil stocks association may fulfil its obligation to provide a storage obligation by the Hold supplies to
1.
Petroleum,
2.
Ottofuel, diesel fuel, fuel oil extra light, and petroleum-based aviation turbine fuel.
(2) The obligation to provide stocks can also be made by holding supplies components are satisfied, if
1.
is stored in the same tank store or refinery or in tank warehouses or refineries connected to in-company lines, and
2.
ensures that they are immediately available without processing. for the purposes of the specification referred to in paragraph 1 (2).
(3) Biofuels and biofuels and additives shall be taken into account in the calculation of the quantities of stocks actually held if they are: relevant petroleum products have been added 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 a manner appropriate to the specification.(4) The oil stockholding association shall keep at least one third of the stocks which it has to comply with in accordance with Article 3 in the form of petroleum products as 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 that require the approval of the Federal Ministry for Economic Affairs and Energy.(5) The amounts of stocks held shall be counted as follows for the performance of the obligation to provide supplies:
1.
Petroleum inventories of 96 percent,
2.
stocks of petroleum products referred to in paragraph 1, point 2, with their Crude oil equivalent resulting from the multiplication of the sum of these quantities by a factor of 1.2.
A percentage of 10 per cent is deducted from the thus determined quantities of credit.(6) It is possible to take into account inventories which are within the scope of this Act or in another Member State of the European Union and which are held in accordance with the following conditions: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
in refineries storage containers,
2.
in non-bottled oil transfer bearings,
3.
in tank warehouses on piping,
4.
in Kaverns,
5.
on tankers in ports, if they are ready to delete the load, or
6.
in the form of tank floor contents.
Do not take into account the obligation to comply with the obligation to supply the oil and supplies that have not yet been delivered, such as follows:
1.
in oil lines,
2.
in road tankers,
3.
in railroad tank wagon,
4.
on funerals,
5.
on coastal tankers,
6.
in ships Bunkers,
7.
in petrol stations,
8.
in retail stores,
9.
from other consumers,
10.
as operating inventories,
11.
on inland tankers,
12.
on tankers at sea or
13.
as military inventories.
(7) The stockpile obligation can be are not met with stocks held for a pre-rattled undertaking or any other pre-rattled body of another State. Non-official table of contents

§ 5 Specific stocks

(1) The Federal Ministry of Economic Affairs and Energy can write to the oil stockpile in writing undertake to maintain stocks of petroleum products as specific supplies. 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 laid down in paragraphs 2 to 7. The Federal Ministry of Economics and Energy is responsible for the number of stocks of specific stocks and the selected oil products. The stipulations shall remain in force for a period of at least one year and may only be amended with effect from the first day of a calendar month.(2) The number of stocks of specific stocks defined by the Federal Ministry of Economic Affairs and Energy referred to in the third sentence of paragraph 1 is a minimum level. This minimum level applies in the same way to
1.
Ottofuel,
2.
Diesel fuel and fuel oil Extra Light as well as for
3.
Aircraft turbine fuel Petrole-based,
if they are selected as specific stocks.(3) The sum of the raw oil equivalent of the quantities of petroleum products consumed in the domestic market, selected as specific stocks, must be at least 75% of the gross equivalent of domestic consumption in the calendar year preceding the storage period. in accordance with paragraph 4. In the calculation of the quantities referred to in the first sentence, Article 3 (5) shall apply mutatily. The raw 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 is the sum of the aggregate "gross gross domestic supply" in accordance with section 3.2.1 of Annex C to Regulation (EC) No 1099/2008 only the products of motor gasoline, aviation fuel, air-turbine fuel (on " naphthabasis " or " JP4 "), petroleum-based fuel, other kerosene, diesel oil/gas oil (distilled fuel oil) and fuel 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 maritime shipping.(5) The number of stocks of individual stocks held shall be calculated on the basis of the quotient of the crude oil equivalent of these stocks and the crude oil equivalent of the average daily consumption of these petroleum products in the Calendar year prior to the storage period.(6) Specific stocks shall be kept in storage tanks of refineries, in tank storage tanks on pipelines, in transfer bearings for non-bottled oil or in caverns.(7) 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 Consumption structures are being carried out.(8) Specific stocks held or transported within the scope of this Act shall not be subject to the seizure or other measures of foreclosure. Non-official table of contents

§ 6 stock of storage

(1) The oil supply association acquires the required obligation to comply with the obligation to supply the stock. Inventories and, for the purpose of stockpiling in particular, contracts for purchase, rental and storage contracts via underground and underground storage facilities. (2) The procurement of supplies and storage space for petroleum products is to be used by the oil stockholding association, to the extent that: economically justifiable in the consumption structure of 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 stockpiles, stocks and inventories are to be distributed regionally. 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 is 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 delivered to consumption within the following time limits:
1.
within 90 days, as far as petroleum products and components are concerned,
2.
within 150
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% if they are to be used more economically and the storage areas are to be used more economically. to ensure that the supply of petroleum products is not affected.(5) The Advisory Board shall lay down guidelines for the acquisition of stocks on the basis of a proposal from the Management Board.(6) The oil stocks association shall ensure that its supplies are available at any time and are physically accessible and are not outsourced without its express consent. It shall also ensure that, prior to outsourcing of specific stocks outside the scope of this Act, authorisation is obtained from the competent authorities of the State concerned or its central stockholding body. 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 to the extent that its inventories are mixed with third party stocks.(7) § 882a (2), first sentence, in conjunction with the first sentence of paragraph 3 of the Code of Civil Procedure, shall not apply to the assets of the oil stocks association other than the specific inventories within the meaning of § 5. Non-official table of contents

§ 7 Delegations

(1) The oil stocks association may also conclude contracts in order to comply with its obligation to purchase. with which members or third parties undertake to keep stocks in stock (delegations). (2) The conclusion of contracts relating to delegations shall be admissible only if the bid referred to in Article 6 (3), the adjustment of the stock level pursuant to Article 3 (2) or the shall not be economically satisfied in any other way in accordance with Article 6 (2), and the stocks held in this way shall be available at all times to the oil stockholding association. Section 4 (6) shall apply accordingly.(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 the stocks to modified specifications or consumption structures, it is necessary to the maximum limit laid down in the first sentence shall not be complied with, provided that the Federal Ministry of Economic Affairs and Energy has agreed in individual cases.(4) In the case of delegations outside the scope of this Act, Section 8 (2) shall apply accordingly.(5) For the conclusion of delegations, the Advisory Council shall, on a proposal from the Management Board, adopt directives. Non-official table of contents

§ 8 Transfer of tasks

(1) The oil stocks association may, for a specified period of time, perform tasks that Management of its inventories, including the specific inventories within the meaning of Section 5, to be transferred to undertakings. However, the sale and purchase of specific stocks may not be transferred. The transferred tasks cannot be further transferred by the companies.(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 European Union requires prior approval of both the Federal Ministry for Economic Affairs and Energy, as well as those Member States on whose territory the stocks are held. The application to the Federal Ministry for Economic Affairs and Energy shall contain the following information:
1.
Owner and storeroom of inventories, including addresses,
2.
mounted Quantities,
3.
period of storage,
4.
Details of which petroleum product or whether or not Oil is stored and
5.
indicates whether it is a specific supply within the meaning of § 5.
unofficial table of contents

§ 9 storage for other stock levels

(1) The oil stocks association continuously publishes full information, broken down by Petroleum and petroleum products in Section 4 (1) (2) above those which it is in a position to hold for interested central stockpiling offices of other Member States of the European Union. It does not provide a supply of storage for any companies that are subject to stock.(2) The oil stockholding association shall publish at least seven months in advance the conditions under which it shall be 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. Non-official table of contents

§ 10 Storage by enterprises for other storage providers

(1) Companies located within the scope of this Law may hold stocks, including specific stocks, on behalf of other Member States, as well as of undertakings and central stockholding bodies 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 shall be necessary to indicate whether they are specific stocks within the meaning of Article 9 of Council Directive 2009 /119/EC of the European Parliament and of the Council of 14 June 2009. 1 September 2009 on the obligation of Member States to maintain minimum stocks of crude oil and/or petroleum products (OJ L 327, 28.12.2009, p. OJ L 265, 9.10.2009, p. The first sentence shall also apply to the modification or extension of such a stock of stocks.(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 the import duty. Non-official table of contents

§ 11 Adjustment to the obligation to be required

(1) For the following storage period, an increase in the existing To expect the stock of stocks to be stockpiled, the oil stocks association should, as far as economically appropriate, already increase its inventories.(2) In the case of stocks exceeding 5 percent, the oil stocks association may divest the quantity exceeding 5 per cent of the stockpile obligation in accordance with § 3 of the above-term. 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 must be observed in the acquisition and sale of stocks.

Second section
Release of supplies

Non-official table of contents

§ 12 Release of stocks, Regulation authorisations

(1) The Federal Ministry of Economic Affairs and Energy is authorized to to
1.
Preventing imminent or rectifying interferences in the 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 it has led to an international decision to place stocks on the market (significant supply disruption),
3.
Fulfilment of obligations under a decision of the Board of Directors of the International Energy Agency, according to which the markets by placing on the market of members ' stock, by additional measures or a combination of the two petroleum products or petroleum products (international decision to place supplies on the market),
4.
solidary support from member states of the International Energy Agency or the European Union,
5.
immediate response in cases of special urgency or
6.
Repairing local crisis situations
by means of a regulation requiring the consent of the Federal Council to regulate temporarily lower quantities of crude oil, petroleum products or a combination of both, than under this law is required (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 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 this context. 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, provided that 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 are eliminated.(3) The Federal Ministry for Economic Affairs and Energy is also authorized to determine by means of a decree law which requires the consent of the Federal Council, until which date the obligation to stock up pursuant to Section 3 is to be met again. The first sentence of paragraph 1 shall apply accordingly.(4) The Federal Ministry for Economic Affairs and Energy shall immediately inform the Commission of the European Union and the International Energy Agency of a release.(5) Where stocks are released, they shall be offered as a priority to the members of the oil stocktaking association, taking due account of their share of the costs of the oil stockpings. A member of the oil stockholding association may, in whole or in part, cede 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 Board shall be determined by the guidelines.(6) Where stocks are kept within the scope of this Act for another Member State of the European Union, provided that they are to be used for a measure provided for in Article 20 of Directive 2009 /119/EC, neither the Enforcement of the seizure or seizure, or a right of retention of the right to retention of the right to retention.(7) The Federal Ministry for Economic Affairs and Energy shall at any time, in the event of a significant supply disruption, keep intervention plans and organisational measures available for the implementation of these plans and shall inform the Commission of both

Third section
Members, organs and articles of association of the oil storage association

unofficial table of contents

§ 13 membership

(1) member of the petroleum storage association is who is commercial or in the context of economic activities of petrol, Diesel fuel, fuel oil, fuel oil, or aero-turbine fuel, imported or manufactured on a petroleum-based basis, or manufactured or manufactured for its own account within the scope of this Act, provided that the total quantity imported or produced is The calendar year shall be 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 determined for the purpose of energy use as one of the products referred to therein; the production is the same.(3) 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 based on a contract with a non-resident on the purchase of petroleum products for the purpose of importation (import contract), only the resident contracting party shall be the importer within the meaning of this Act, and thus a member of the Oil storage association. Anyone who merely acts as a forwarding agent or carrier or in a similar position in the case of the introduction of petroleum products is not a importer.(5) Where the petroleum products referred to in paragraph 1 are imported by a non-resident, a member of the oil supply association shall be the one with its registered office within the scope of this Act, which shall be the property of the petroleum products of the Acquires non-residents. If the above-mentioned acquirer is not resident in its territory, the oil stockholding association shall be the last resident stockholder 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 shall be the one who makes it for him within the scope of this Act.(6) The manufacture shall also apply 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 petroleum products is produced. Petroleum product is enlarged. The provisions of the first sentence shall not apply if the petroleum products subject to the obligation to stock are merely added as an additive to the colouring, labelling or similar purposes with a total quantity of less than 1 per cent.(7) Membership shall begin with the first performance 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. Non-official table of contents

§ 14 bodies

Petroleum storage association bodies are
1.
the General Assembly,
2.
the Advisory Board and
3.
the board.
unofficial table of contents

§ 15 Statutes

(1) The The Association of Petroleum Stocks is a statute. The Articles of Association 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 shall be dismissed separately in the accounts of the members.(3) The Articles of Association and their amendments shall be made known in the electronic Federal Gazette. Non-official table of contents

§ 16 General Assembly

(1) The General Assembly is made up of the members of the oil storage association. Members shall be charged no later than four weeks before the meeting, indicating the agenda. They shall be deemed to be loaded if the cargo has been made known in the electronic Federal Gazette at that time.(2) The General Assembly shall be able to vote without regard to the number of published decisions, if the published articles account for more than one third of the votes of all the members of the oil stocks association, which are awarded in accordance with § 17.(3) The General Assembly shall decide on the discharge of the Executive Board and the Advisory Board and on the other matters conferred upon it by this Law or the Statute. 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 Management Board has to convene a regular general meeting once in the financial year and to inform the General Assembly about the affairs of the oil-storage association. He has to convene an extraordinary general meeting, if requested in writing, stating the purpose and reasons
1.
of 10 percent of members,
2.
of members whose voices together account for 30 percent of the votes of all Members reach, or
3.
from the Advisory Board with a majority of 75 per cent of its members.
(5) The resolutions of the General Assembly require the 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. Non-official table of contents

§ 17 Voting law, regulation empowerment

(1) Each member receives a vote in principle. Members who have produced or introduced a certain minimum quantity of petroleum products referred to in Article 13 (1) less of the quantities referred to 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 workable majorities is to be taken into account.(3) The Federal Ministry of Economic Affairs and Energy is authorized to determine, by means of a regulation with the consent of the Bundesrat, details of the voting rights of the members in accordance with paragraphs 1 and 2. Non-official table of contents

§ 18 Advisory Board

(1) The Advisory Board is composed of at least nine members.(2) Six members of the Advisory Board shall be elected by the General Assembly for 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, the articles of association or the contract are eligible.(3) Three members of the Advisory Board shall be elected from the circle of such undertakings which, within the scope of this Act, produce petroleum products subject to storage in refinery holdings or which are under the dominant influence of a of such a manufacturer or able to exert such influence on him. Three other members of the Advisory Board are to be elected from the circle of other members of the oil storage association.(4) As further members, the Advisory Board is a member of the Federal Ministry of Economic Affairs and Energy, a representative of the Federal Ministry of Finance and 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 are able to discontinue their representatives at any time.(5) Up to two additional members of the Advisory Board may be appointed by the Federal Ministry of Economic Affairs and Energy. The third sentence of paragraph 4 shall apply accordingly.(6) For each Member, except for the members referred to in paragraph 5, one alternate member shall be elected or seconded. Paragraphs 2 to 4, 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) If an elected member of the Advisory Board is elected on the basis of a failure to meet the conditions laid down in 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 in the next General Assembly. The new member of the Advisory Board shall be elected from the same member constituency to which the retired member has been a member.(9) The members of the Advisory Forum shall be 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. Nonofficial table of contents

§ 19 Tasks of the Advisory Board

(1) The Advisory Board
1.
supervises the work of the board,
2.
advises on all issues related to the oil storage association are of fundamental importance, and
3.
performs the other tasks assigned to it by this law or by the statutes.
(2) Within the scope of its tasks The Advisory Board
1.
can request reports and insight from the Board of Directors in the documentation of the oil storage association and can
2.
give instructions to the Executive Board; approximate to the authority of the authority.
(3) The Advisory Board shall be quorum if at least six of its members are present, where the respective substitute is taken into account in the event of an obstacle. 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 require
1.
Decisions in accordance with § 21 (4), § 27 (5) and § 28 (2),
2.
Weisungen to the board as well as
3.
ordering and convening the executive board.
(4) Decisions of the Advisory Board pursuant to § 6 (5), § 30 (2) sentence 2, paragraph 3 (2) and (5) shall be subject to the agreement of the representatives of the Federation in the Advisory Board.(5) The Chairman of the Advisory Board shall represent the Petroleum Advisory Board with respect to the members of the Board of Management in a judicial and extrajudicial way. Non-official table of contents

§ 20 Advisory Committee Committees

(1) The Advisory Board may set up an Economic Committee and a Management Committee to: advising the advisory board and the board of directors. 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 stocks association.(3) The Management Committee shall advise on questions of stockpiling and its economic efficiency, quantity planning and storage as well as on the stock-on-and-off.(4) The Advisory Council shall draw up a point of order to the committees. Non-official table of contents

§ 21 Board of Directors

(1) The Board of Directors consists of two persons appointed by the Advisory Board and not at the same time the Advisory Board can be a member. The term of office of the Executive Board is five years. A new order is allowed.(2) The Advisory Board may convene a member of the Management Board for an important reason before the end of his term of office. If a member of the Board of Management leaves office prematurely, the Advisory Board shall appoint a new member of the Executive Board.(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 to employees of the oil-stock supply association.(4) The rules of procedure of the Executive Board shall require the approval of the Advisory Board.(5) If the members of the Board of Management are unable to agree on the conduct of a business which is the subject of the Management Board, a Management Board member may call the Advisory Board, which shall then take the decision. unofficial table of contents

§ 22 tasks of the executive board

(1) The board
1.
performs the business of the oil storage association,
2.
decides on the affairs of the Oil storage association which is not assigned to any other institution, and
3.
takes the other tasks assigned to it by this law or by the statutes. true.
(2) The Board of Management shall represent the oil supply association in a judicial and non-judicial way, unless otherwise specified in this Act.

Fourth Section
Contributions, Economic governance

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§ 23 Contributions

(1) The tasks of the oil storage association the necessary resources 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 contribution depends on the quantities of petroleum products imported and manufactured by the Member in accordance with § 13 (1) minus
1.
of exported quantities with the exception of
a)
the quantities in free zones and customs warehouses that are not considered to be introduced in the second sentence,
b)
the contents of the Fuel tanks of motor vehicles, rail vehicles, ships or aircraft
2.
the quantities used for the bunkering of seagoing ships within the meaning of § 4 (2) Connection with Section 8 (1) (1) and (4) of the VAT Act, as amended by the announcement of the 21. February 2005 (BGBl. 386), as last amended by Article 2 of the Law of 5. April 2011 (BGBl. I p. 554) have been changed,
3.
the quantities,
a)
to be processed in a mineral oil manufacturing operation or
b)
which is the chemical processing for non-use purposes, if this total process is comparable to a continuous production process
The petroleum products referred to in the first sentence of the first sentence are stored in free zones or customs warehouses, they shall be deemed to have been imported in the first place with import duty. The export is the same as the other misdeed from the scope of this law.(3) In the case of individual cases, the quantities of withdrawal of the quantities of production and import shall be subject to a claim for the reimbursement of contributions to the oil storage association. 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 petroleum supply association in writing the information and proof obligations of section 38 (2) and (3) which apply to members.(4) If only the total quantity is increased in the case of a processing or mixing operation within the meaning of § 13 (6), 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 determined in accordance with Article 27 (5), taking into account the expected cash requirements in the financial year, in accordance with a uniform rate for all members. The amount of the contribution rate shall be calculated by apportion of the eligible expenditure to be expected in the financial year to the quantities to be expected in the financial year as referred to in paragraph 2.(6) The contribution rate shall be published in the electronic Federal Gazette (Bundesanzeiger). Non-official table of contents

§ 24 Maturity, interest rate, and recovery of contributions

(1) The contribution level is from the contributors to each month to be identified. The contribution is to be paid for each month unsolicly until the end of the next month to the oil stocks association. This is entitled, in exceptional cases, to require an appropriate security benefit for the contribution payment. More details are provided for the contribution rate.(2) If the contribution from the contributor is not paid in accordance with his obligation, a notification of the contribution of the oil storage association shall be issued.(3) An offsetting against the contribution debt shall not take place.(4) If the debtor is in default with the payment of the contribution, the backward contribution including the turnover tax with an interest rate of 3 percentage points above the interest rate of the marginal lending facility of the European Central Bank (SFR-interest rate) annually to be galvanissed. The interest rate applicable on the first one month shall be based on each day of the month 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. Non-official table of contents

§ 25 Principles of economic management

(1) The oil supply association is self-employed in its economic management. as far as 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 stocks association has to conduct a commercial accounting in accordance with the principles of commercial law. The 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 shall be published in the electronic Federal Gazette.(3) The oil stocks association shall draw up an economic plan for each financial year.(4) In order to maintain the current business activity, the oil stocks association may 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. Non-official table of contents

§ 26 Conclude of contracts, modification of claims

(1) The conclusion of contracts for the procurement of Deliveries 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 stocks association from 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 receipt of the consideration, the performance of the oil storage association may only be agreed or effected if this is generally customary or justified by special circumstances.(3) The oil supply association may at its disadvantage
1.
contracts only in particularly justified Cancel or change exceptional cases, and
2.
only complete a comparison if it is convenient and economical for it.
The repeal, change, and the comparison referred to in the first sentence shall be subject to the consent of the Advisory Council if certain thresholds are exceeded. More detailed rules are laid down in the financial regulations.(4) The oil stocks association shall be entitled to claim only
1.
hours if the immediate recovery is significant hardship for the claimant and the claim will not be endangered by the stundown; the stundown is to be granted against reasonable interest rate and usually only against security;
2.
precipitate when it is determined that the confiscation will not be successful, or if the cost of the confiscation is out of proportion to the amount of claim;
3.
enacted if the confiscation after the location of the individual case would mean a particular hardship for the opponent; the same applies to the reimbursement or credit of the performed Claims and for the release of collateral.
Stundung, the suppression and the adoption of claims 1 to 3 require the approval 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. Non-official table of contents

§ 27 Established the economic plan

(1) The economic plan of the oil stocks association is used for planning and covering the whole range of products. the need for resources, which are likely to be necessary to fulfil the tasks of the oil stocks association in the financial year. The economic plan is the binding basis for economic management. The economic plan authorises the oil supply association to enter into commitments and to make expenditure.(2) The economic plan shall be drawn up in accordance with the principles of economy and economy.(3) The economic plan shall neither justify nor abolic any claims or liabilities.(4) The economic plan contains
1.
to be set up in accordance with the principles of commercial law. Plan-Profit-and-Loss-Invoice,
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 submits a draft of the Economic Plan and the the corresponding 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 determined by the Federal Ministry of Economic Affairs and Energy at the latest one month before the end of the Marketing 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 mutatily in this case.(6) The detailed rules governing the financial status of the oil stocks association shall be laid down. Non-official table of contents

§ 28 Execution of the economic plan

(1) The economic plan shall be based on the principles of economic efficiency and Economy performed.(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 laid down in Article 27 (5) shall apply accordingly.(3) expenses for which the estimates in the plan profit and loss account are not sufficient or for which no approaches are available (over and off-schedule expenses) are only permissible if the coverage is guaranteed in the economic plan. 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 it is ensured that the cover is covered by the economic plan.(4) The economic plan shall 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. Section 27 (1) to (5) shall apply mutas to the change in the economic plan.(5) The detailed rules governing the financial status of the oil stocks association shall be laid down. Non-official table of contents

§ 29 Financial statements

(1) The oil supply association has a financial statements at the end of each financial year under To ensure compliance with the principles of regular accounting and the financial regulations. The accounts consist of
1.
of the balance sheet and
2.
the profit and loss account.
The annual financial statements are an annex as well as a cash flow statement to be added to the balance sheet and the profit and loss account to form a unit.(2) A management report shall be attached to the annual accounts.(3) The annual accounts and the annual 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 accounts and the audit report to the Federal Court of Auditors.(4) The Advisory Board shall examine 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. Non-official table of contents

§ 30 Use of disposal proceeds

(1) The net proceeds from the disposal of stocks pursuant to § 11 (2) are to be found in To use the repayment of the liabilities received for the purchase of stocks.(2) In a financial year, if the net proceeds do not reach the average level of inventories that correspond to the oil or petroleum product sold, additional liabilities from contributions shall be payable in the amount of the difference. tilgen. 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 contributions within a financial year are subject to a payment of 5 per cent 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 Board may decide to use surpluses in the net redeeming income, such as contributions,
1.
as far as previous financial years Contributions paid out of contributions, or
2.
if 30% of the liabilities incurred in acquiring the existing stocks and stock storage
() The second sentence of the second sentence of paragraph 2 and the third paragraph of paragraph 3 shall apply only to the extent that the assets of the oil stocks association, valued at the time, exceed its debt.(5) The Advisory Board shall decide on the use of the surpluses incurred after the repayment of the liabilities which have been entered into for the purchase of the stocks and stocks. In so far as such a decision does not take place, the surpluses shall be adjusted to a separate reserve.(6) The disposal of storage facilities shall be subject to paragraphs 1 and 2.

Fifth Section
Supervision

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§ 31 oversight

(1) The oil stocks association is subject to the supervision of the Federal Ministry of Economic Affairs and Energy (supervisory authority). The supervision shall be limited to the legality of the operation of the oil storage association, unless this law otherwise determines otherwise. 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 of the matters relating to the oil 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 that this is necessary in order to exercise its powers.(3) The supervisory authority shall repeal decisions and orders of the institutions of the oil-stock supply association which infringe applicable law; it shall require that measures taken on the basis of such decisions or arrangements should be taken; is rolled back. 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. shall be taken.(4) If an institution of the oil supply association has its obligations and is thereby endangling the performance of the tasks assigned to the oil supply association under this law, the supervisory authority may appoint a representative who shall: Powers of the institution which infringes its obligations and shall exercise the powers of its chairman in so far as this is necessary for the performance of the duties of the oil-stock supply association.(5) If the Management Board or the Advisory Board does not have the minimum number of members required by this Act, the Supervisory Authority shall set a time limit for the proper formation of such institutions to the Oil Stocks Association. 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 is by law. The law also regulates the use of the then existing fortune. The Federal Republic of Germany takes over the outstanding liabilities of the oil supply association at the time of dissolution.(2) Insolvency proceedings shall not take place on the assets of the Petroleum Federation.

Seventh Section
Reporting and Disclosure Obligations; Administrative Offences

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§ 33 Reporting requirements of members of the petroleum stockholding association and stockholders

(1) The members of the For each calendar month, the oil stocks association shall make the information necessary for the calculation of its contribution and for the determination of the level of the obligation to supply it in writing by the end of the following month. More details are provided for the contribution rate.(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 provide the oil stocks association in writing for each calendar month up to the end of the following month in writing. Non-residents, the customers and the type and quantity of petroleum products. Non-official table of contents

§ 34 Inventory of inventories, reporting requirements.

(1) The petroleum stockpile creates an ongoing update a 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 in the sense of § 5.(2) The Federal Office for Economic Affairs and Export Control shall forward to the Commission of the European Union up to the 25 th A summary of the list referred to in paragraph 1 for the last day of the previous calendar year shall be taken in February of each 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 has previously provided the Federal Office of Economics and Export Control with the data required for this purpose.(3) At the request of the Commission of the European Union, the Federal Office for Economic Affairs and Export Control shall send a complete copy of the list referred to in paragraph 1 within 15 days. 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 Federal Office of Economics and Export Control has previously provided the Federal Office of Economics and Export Control with the data required for this purpose.(4) The oil stocks association shall keep the full list for five years each. Non-official table of contents

§ 35 Monthly reports of inventories

(1) The oil stockpile association reports 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 report.(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 one month and upon request within two months, final statistics on the last day of the respective Calendar month stocks held. 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 pursuant to § 3 are outside the scope of this Act, the stocks held in the various Member States of the European Union shall be listed in detail.(3) The Federal Office for Economic Affairs and Export Control shall send the Commission of the European Union, within 55 days of the end of one month and upon request within two months, a statistics on all stocks held on the last day of the year. in the relevant calendar month, within the scope of this Act, to other Member States of the European Union or to the central storage centres of the European Union. 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 for Economic Affairs and Export Control shall keep the statistics and the data on the basis of these statistics for five years. Non-official table of contents

§ 36 Reports of specific inventories

(1) The Federal Office for Economic Affairs and Export Control shall forward to the Commission by the end of the subsequent month of the calendar month concerned, and without delay, for each petroleum product in Article 5 (2), a statistics relating to the date of the last day of the preceding month from the oil storage Calendar months of specific stocks held. 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 of Economics and Export Control shall specify, on the basis of the communication pursuant to § 34 (2) sentence 3, the extent to which these stocks are the property of the petroleum stockpile.(2) 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, a statistic of the last day of the preceding month. Calendar months of specific inventories covered by this Act, which are the property of other Member States of the European Union or their central stockpiles, broken down in accordance with the product categories referred to in Article 9 Paragraph 4 of Directive 2009 /119/EC.(3) The Federal Office for Economic Affairs and Export Control shall keep the statistics referred to in paragraphs 1 and 2 and the data on which it is based for five years.(4) In so far as the oil stockholding association has been obliged to maintain specific stocks in accordance with § 5, the Federal Office for Economic Affairs and Export Control of the Commission of the European Union shall transmit a notice for publication in the Official Journal. the European Union in which the minimum number of days of consumption of specific stocks and the duration of the commitment are to be stated.(5) Where specific stocks are held for less than 30 days, the Federal Ministry for Economic Affairs and Energy shall send the Commission of the European Union a report up to the end of the first month of the calendar year to which the report shall be published. of this. This report contains
1.
an analysis of the regulatory measures to ensure that: the inventories are available and physically accessible in accordance with § 6 (6), and with the help of which it is checked, whether this is given, as well as
2.
a documentation of the Arrangements that have been made to ensure the use of these supplies in the event of oil supply interruptions.
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§ 37 Other reporting requirements

(1) The oil stocks association sends the Federal Office of Economics and Export Control monthly the information it provides to the Federal Office for Economic Affairs and Export Control. Calculation of the contributions received 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 amount of stocks held by companies within the scope of this Act, the storage of which is subject to this law. is not mandatory. It ensures the protection of sensitive data and does not specify the names of the owners. Non-official table of contents

§ 38 Disclosure Requirements, Auditing Rights

(1) The Petroleum Federation has the Federal Office for Economic Affairs and Export control at the request within a time limit set by it, to provide the information and to submit the documents required to monitor the performance of the obligation to provide the information and the accuracy of the notifications and information provided in accordance with § § 34 up to 37.(2) Members shall, at the request of the oil stocks association, provide the information within a time limit set and provide the documents which it needs to monitor the fulfilment of their obligation to contribute and to ensure that they are correct. to be able to check the information provided for in section 33. Where there is evidence that a person is engaged in an activity which establishes the membership of the oil stocks association, it 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. For this purpose, the Petroleum Industry Association may also request from the Federal Office for Economic Affairs and Export Control the information available there.(3) The persons authorised by the Federal Office for Economic Affairs and Export Control with the examination shall be entitled to enter operating land and premises of the oil storage association during the operating and business hours and shall be entitled to enter the premises of the oil storage association. to inspect the facilities located there and to examine the documents in the facilities. The same powers shall be given to the Board of Directors of the Petroleum Federation or the Advisory Board of specially authorised examiners to
1.
the members of the Petroleum Storage Association and
2.
such legal and natural persons, at The
referred to in the first sentence of the first sentence of the first sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second subparagraph shall be adopted. Tolerate.(4) The Federal Ministry for Economic Affairs and Energy, the Federal Office for Economic Affairs and Export Control and the Petroleum Industry Association have to support the persons who have received from the Commission of the European Union with the implementation of Audits of emergency preparetion are mandated. They shall ensure that they are granted access to
1.
all documents related to the stock and
2.
their farm properties and Business premises of locations where inventories are held and all related documents.
Information obtained by these persons in the context of these verifications may not be disclosed to any unauthorised person. Representatives of the Federal Ministry for Economic Affairs and Energy, the Petroleum Industry Association and the Federal Office for Economic Affairs and Export Control can accompany the review measures of the Commission of the European Union.(5) The persons referred to in paragraph 8 and those responsible for the management of stocks, including specific stocks, shall have the Federal Ministry of Economic Affairs and Energy, the Federal Office for Economic Affairs and Export Control, the oil stockholding association and the persons of the Commission of the European Union who are responsible for carrying out checks on emergency preparedness, during normal operating hours and business hours style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Access to all operating land and business premises of locations where inventories are held , and
2.
on request, to submit all documents relating to these stocks.
(6) When reviews are carried out in accordance with paragraphs 3 to 5 personal data is not recorded or taken into account, and, if it is accidentally collected, deleted immediately.(7) Information providers may refuse to provide information on such matters, the answers to which they themselves or in section 383 (1) (1) to (3) of the Code of Civil Procedure are called for, members of the risk of criminal prosecution or of a procedure after of the law would be subject to the law on administrative offences.(8) Paragraphs 1, 3 and 5 shall also apply to legal and natural persons, in the direct or indirect possession or possession of which, after notification or information of the oil stockholding association, stocks of crude oil or other stocks held for such stocks are held or held by the petroleum stockholding. Petroleum products are or have been found.(9) The oil stocks association shall inform a country at its request of facts relating to the supply of stocks in that country.(10) The Federal Court of Auditors may, in order to clarify matters which arise in the examination of the oil stocks association, directly with the holding companies of the oil storage association during the normal operating and business hours on the holding, the books and the writings of the holding companies. Non-official table of contents

§ 39 Participation of the financial administration

The federal financial authorities are entitled to do so in accordance with § 30 of the German Tax Code shall be notified to the Federal Office of Economics and Export Control and to the Federation of Petroleum Stocks as necessary in order to monitor compliance with the reporting obligations under this Act. Unofficial Table Of Contents

§ 40 BußMoney Provisions

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 33, paragraph 1, sentence 1 in conjunction with a statutes pursuant to § 23 (1) sentence 2 or contrary to § 33, paragraph 2, an indication not, not correct, not complete, not in the ,
2.
contrary to § 38 (1), also in conjunction with paragraph 8, or contrary to § 38 (2) sentence 1 or sentence 2, a Information not correct, not complete or not given in time, or not a document, not correct, not complete or not presented in good time,
3.
contrary to § 38, paragraph 3, sentence 3, also in conjunction with paragraph 8, a measure does not tolerate,
4.
§ 38, paragraph 4, third sentence, further information,
5.
contrary to § 38, paragraph 5, point 1, access is not granted or
6.
contrary to § 38, paragraph 5, point 2, a document is not available, not correct, not complete or not in good time.
(2) The administrative offence can be carried out with a fine up to Twenty thousand euros are punished.(3) The Federal Office of Economics and Export Control shall be the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Non-tampering table of contents

§ 41 Transitional rule

Has the petroleum storage association under § 3 (1) or (2) of this law in the storage period of 1. April 2012 to 31 December 2012 March 2013 to hold higher stocks than on 31 March 2013 By way of derogation from the first sentence of Article 3 (1) and the second sentence of the second sentence of this Act, it shall not be required until March 2012, until the first sentence of the first sentence of the first sentence of the first sentence of the first sentence 1 January 2013. In this case, the level of the up to 1 Stocks held in January 2013 at least equal to 31 January 2013. Stocks held in March 2012.