Reserves Of Petroleum Products And Storage Procedures

Original Language Title: Naftas produktu rezerves izveidošanas un uzglabāšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/138902

Cabinet of Ministers Regulations No. 541 in Riga, 27 June 2006 (pr. No 34 48) reserves of petroleum products and storage, order Issued in accordance with article 72 of the law of energy 1. the rules determine the order in which the operators create and store oil reserves (reserves) to the energy crisis periods to ensure the supply of oil products.
2. Reserve consists of the following categories of petroleum products: 2.1 petrol and aviation fuel, category I;
2.2. type of kerosene jet fuel, kerosene and diesel fuel — category II;
2.3. fuel oil, category III.
3. Spare the limits laid down in these rules and deadlines creates and stores: 3.1. merchant who received special permission (license) holder of the Excise warehouse, the volume of petroleum products, of which they are the movement of excisable goods regulatory laws duly exported from an Excise warehouse (except move on back payment of excise duty), including petroleum products, which are consumed in the Excise warehouse;
3.2. merchants who have received a special permit (license) for the operation of the approved traders, for the volume of petroleum products, which distributes or consumes in the territory of the Republic of Latvia;
3.3 traders who have received a special permit (license) for the fuel wholesale, oil products, of which they are the movement of excisable goods regulatory laws in the order coming from a Member State of the European Union or a third country and distributes or consumes in the territory of the Republic of Latvia;
3.4. merchants who have received a special permit (license) for the retail sale of fuel, petroleum products, of which they are the movement of excisable goods regulatory laws in the order coming from a Member State of the European Union or a third country and distributes or consumes in the territory of the Republic of Latvia;
3.5. other economic operators, of oil products, which they are imported into the territory of the Republic of Latvia for their own consumption from a Member State of the European Union or a third country;
3.6. the economic operators who have to give that provision laid down in paragraph 7 of these rules service 3.1., 3.2., 3.3, 3.4 and 3.5. economic operators referred to in point.
4. The rules referred to in paragraph 3 of the economic provisions included: 4.1 the amount of petroleum products (except for fuel oil, which the colorimetric index is equal to or greater than 2.0 and kinematic viscosity at 50 ° C is equal to or greater than 25 CST) and biofuels, which he stored in a location specified in the special permit (license) commercial with oil or biodiesel, which is totally derived from rape seed oil , customs warehouse authorization or permission in farming activity in a free zone, except for the volume, which is stored in tanks that are connected to a retail electronic cash system;
4.2. the amount of fuel oil which colorimetric index is equal to or greater than 2.0 and kinematic viscosity at 50 ° C is equal to or greater than 25 CST and which he kept in the legislative requirements of the fixed oil storage tanks in the territory of the Republic of Latvia;
4.3. petroleum products and biofuels, which the merchant creates and stores in the territory of the Republic of Latvia pursuant to this rule 7.1. and 7.2 below point;
4.4 petroleum products stored by a merchant in another European Member State by His childhood under this rule 7.3. (a) if it does not exceed by more than 50% of the amount of reserves generated by the economic operator.
5. This provision 3.1, 3.2, 3.3, 3.4 and 3.5. operators referred to in point are responsible for the existence of the reserve's report submitted in specified areas and volumes.
6. The provisions referred to in paragraph 3, which creates and stores a reserve pursuant to this provision to the conditions of point 4.1 shall: 6.1 the State Revenue Service authorised persons access to the created reserves, so that they can smoothly check this quality and quantity of reserves;
6.2. to reserve storage areas should be verified in the fuel metering, as well as fuel storage tank calibration table.
7. This rule 3.1, 3.2, 3.3, 3.4 and 3.5. operators referred to is entitled, on the basis of the contract, to receive the following services in the Republic of Latvia or another Member State of the European Union: 7.1. reserve service, which includes reserves and storage provided for in the Republic of Latvia registered trader, who is in possession of the requirements of the laws under the stationary oil storage tanks in the territory of the Republic of Latvia, which (except for merchants providing services for fuel oil reserves, whose colorimetric index is equal to or greater than 2.0 and kinematic viscosity at 50 ° C is equal to or greater than 25 CST) located in the special authorization (licence) or permission of the specified location, and holding a service sufficient amount of petroleum products;
7.2. storage of reserve service, which includes merchant-owned petroleum product storage in the possession of another trader's existing legislative requirements in oil storage tanks in the territory of the Republic of Latvia, which (except for the operators that provide services for the storage of reserves of fuel oil, which the colorimetric index is equal to or greater than 2.0 and kinematic viscosity at 50 ° C is equal to or greater than 25 CST) located in the special permission (license) or the location specified in the permit;
7.3. the reserve storage services in the European Union, which includes merchant-owned petroleum product storage other merchant owned the relevant European Union legislation that meet the requirements of the fixed oil storage tanks in the territory of a Member State of the European Union.
8. The rules referred to in paragraph 7 of the recipients have the following responsibilities: 8.1. submit State revenue service this rule 7.1 and 7.2 below. referred to reserves or reserves storage service contracts or the notarized copies, no later than the day before the commencement of the provision of the service, but contract amendments or their notarized copies: five working days from the date of entry into force of the amendment;
8.2. the provisions referred to in paragraph 7 of the service contracts specify the following: 8.2.1. reserve or reserve a storage service provider (trade name, registration number, registered office);
8.2.2. the storage of reserve or reserve service location (address);
8.2.3. storage of reserve or reserve service volumes (tonnes or cubic metres), the type of petroleum products and categories for which the service is provided, service price and the amount of the contract;
8.2.4. the reserve or reserve a storage service term in accordance with the provisions of paragraph 9.2.6..
9. This provision 7.1 and 7.2 provide the services referred to in the ERS: 9.1 is required in at least one of the following documents (except for merchants that provide storage for reserve or reserve service for oils which colorimetric index is equal to or greater than 2.0 and kinematic viscosity at 50 ° C is equal to or greater than 25 CST): 9.1.1. special permit (license) holder of the Excise warehouse activity;
9.1.2. special permit (license) the fuel wholesale.
9.1.3. the special permit (license) for the operation of the approved merchant;
9.1.4. the holding of a customs warehouse;
9.1.5. authorisation for the operation of a free zone;
9.2. has the following responsibilities: 9.2.1. create and maintain a reserve of 16 of these rules or the amount referred to in paragraph 17;
9.2.2. to ensure the State Revenue Service authorised persons access to the created reserves to smooth can verify the quality and quantity of reserves;
9.2.3. to submit to the State revenue service 14.2. these provisions referred to in the report;
9.2.4. ensure to reserve storage space would be verifying fuel quantity measuring tools, as well as fuel storage tank calibration tables;
9.2.5. to ensure that the provisions referred to in paragraph 7 of the reserve or reserve a storage service contracts down the reserve category being defined and designated reserve storage sites;
9.2.6. ensure to reserve or reserve a storage service shall not be shorter than 90 days.
10. This rule 7.3. services referred to the recipients have the following additional requirements and responsibilities: 10.1. submit State revenue service contract notarized copy and notarized translation into the national languages of the Treaty not later than the day before the commencement of the provision of the service, but the amendment to the agreement notarized copy and notarized translation of the amendments to the contract in the language of the country-five working days from the date of entry into force of the amendment;
10.2. upon this provision 14.1 report referred to attached notes written proof of the service provider the amount of service provided by a service provider who's signature. The recipient is specified in the report (to be completed) information about the provider and the services provided and sign the report;
10.3. ensure to reserve storage service shall not be shorter than 90 days.

11. This rule 3.1, 3.2, 3.3, 3.4 and 3.5. operators referred have the right to enter into contracts for the provision of the services referred to in point 7.3, if the Republic of Latvia and the Member State of the European Union has concluded intergovernmental agreements governing the creation and storage of reserves, as well as the exchange of information.
12. The operator, providing service to reserve storage of these rules, or 9.1.1 9.1.2 9.1.3 States. in the special permission (license) to the specified location, allowed to store in one tank more merchant-owned oil reserves.
13. The provisions referred to in paragraph 3, the operator provides and make reserve according to the rules in paragraph 16 or 17 in.
14. each month until the 15th date of the provisions referred to in paragraph 3, the operator shall submit to the State revenue service following the previous month's activity report: 14.1. this rule 3.1, 3.2, 3.3, 3.4 and 3.5. those economic operators referred to in point — about oil reserves (annex 1);
14.2. This provision the operator referred to in paragraph 3.6:14.2.1 if they provide this rule 7.1. services referred to, provided an overview of the oil product reserve services (annex 2);
14.2.2. If they give this rule 7.2. services referred to, provided an overview of petroleum product storage services (annex 3).
15. The State revenue service collects this provision 14. the reports referred to in point the information provided and each month until the date submitted to the twenty-third Ministry of Economy summary of the previous month.
16. This rule 3.1, 3.2, 3.3, 3.4 and 3.5. those economic operators referred to in point, except that rule 17 of the cases referred to in paragraph, shall establish and maintain a reserve for each of these rules laid down in paragraph 2, the oil product category. The amount of the reserve is calculated each month, using the following formula: R = Np – – – – x n, where R-365 stocks;
NP: total realized and consumed oil products in the category concerned (tonnes or cubic metres) during the previous 12 months, up to the current end of the reference month;
n — the extent of consumption table of days according to paragraph 20 of these regulations.
17. During the first 12 months after you started the business with oil products, which according to this provision, 3.1., 3.2., 3.3., 3.4 and 3.5. the bottom point is bound to create and store a backup starting with the second month of operation, creates and stores a reserve for each of these rules laid down in paragraph 2, the oil product category. The amount of the reserve is calculated each month, using the following formula: Nx Rx = – – – – x n, where X Rx-stocks;
NX: total realized and consumed oil products in the category concerned (tonnes or cubic metres) in the previous period from inception to the current end of the reference month;
X-number of days from inception to the current end of the reference month;
n — the extent of consumption table of days according to paragraph 20 of these regulations.
18. Economic operators who creates and stores reserve this provision to the extent set out in paragraph 17, beginning with the thirteenth month of operation, the extent of the calculated in paragraph 16 of these terms.
19. According to this provision in paragraph 16 or 17 to the prescribed order of calculation calculated size indicates the amount of reserves that the merchant will maintain next month (for example, a review of a report on June to 15 July, declaring it information about the June petroleum products stored in reserve volumes and indicating the amount of calculated reserves stored in august). The merchant records the rule 14.1. report referred to in subparagraph.
20. when calculating the amount of the reserves, using such reserve volume indicators consumption days n: 20.1. until 30 June 2006, 33;
20.2. from 1 July 2006:36.21. The State revenue service is entitled to recognise the reserve or reserve a storage service provision declared invalid: 21.1. a recipient of the service and the provider of the information submitted do not match;
21.2. the recipient or service provider and the information submitted does not match this merchant before and given not withdrawn in writing.
21.3. the agreement does not meet the requirements of this regulation;
21.4. the maintenance of the reserve is found in the course of the service does not match the recipient or service provider in the past and given not withdrawn in writing.
21.5. the maintenance of the reserve is established in the course of these rules of procedure a specific offence committed by the recipient or service provider.
22. If the decision has been taken in accordance with paragraph 21 of these rules, a trader who was given the reserve or reserve a storage service, within five working days of the date of receipt of the decision to ensure the reserve according to the requirements of this regulation.
23. the monitoring of the implementation of these provisions provides: 23.1. State revenue service, performing inventory physical control, setting up and maintaining the database, assuming and examining the accounts of economic operators, as well as applying sanctions if violations of the requirements of this regulation, and providing information about it to the Ministry of the economy;
23.2. the Ministry of the economy, analyzing from the State revenue service received data summaries and information on violations and sanctions applied, and exchange of relevant information with the institutions of the European Union.
24. The merchant or merchant responsible officials who do not comply with the requirements of this regulation, be prosecuted by the law.
25. During the first 12 months after the entry into force of these regulations, which all of these rules are obliged to create and store the carrying amount of the reserves, rezer by 17 of these regulations referred to in the formula.
26. Be declared unenforceable in the Cabinet on 8 November 2005, Regulation No 853 ' reserves of petroleum products and storage procedures "(Latvian journal, 2005, nr. 184).
 
Informative reference to European Union directives, the regulations include provisions resulting from: 1) Council of 14 December 1998 Directive 98/93/EC amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to keep minimum stocks of crude oil and/or petroleum products the minimum savings;
2) Council of 20 December 1968 directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products.
Prime Minister a. Halloween economic Minister a. Štokenberg Editorial Note: regulations shall enter into force by 1 July 2006.
 
 
Annexes 1-3 ZIP 19 kb