Read the untranslated law here: https://www.vestnesis.lv/ta/id/121593
Cabinet of Ministers Regulations No. 853 2005 in Riga on 8 November (pr. No 65 30) reserves of petroleum products and storage procedures Issued pursuant to the Energy Act, article 72 1. 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. the requirements of this regulation do not apply to this rule at the bottom paragraph 4.2 economic operators who have not received the license for oil products business (fuel), but oil (fuel) (with the exception of those rules specified in paragraph 3.3 products) purchased for consumption only this rule 4.1 referred to retail petrol stations.
3. reserves comprise the following categories of petroleum products: 3.1 petrol and aviation fuel, Ikategorij;
3.2. kerosene type jet fuel, kerosene and diesel oil: IIkategorij;
3.3. fuel oil, category III.
4. Spare the limits laid down in these rules and deadlines creates and stores: 4.1 the merchant that the Cabinet of Ministers in the order have received a special permit (license) for the retail sale of fuel, petroleum products, of which they are marketed in retail and consume their own needs;
4.2. economic operators which are not mentioned in point 4.1 of these regulations and the oil products for their own consumption are imported from a Member State of the European Union or a State which is not a Member State of the European Union (hereinafter third country), including any merchant that petroleum products consumed in the free zones, on the amount of oil that they come from a Member State of the European Union or a third country;
4.3. merchants who have received a special permit (license) holder of the Excise warehouse activity, — about the amount of oil that the laws in the order removed from the Excise warehouse (except move on back payment of excise duty) and distributes or consumes in the territory of the Republic of Latvia, including the amount of petroleum products consumed in the Excise warehouse;
4.4. 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;
4.5. merchants who have received a special permit (license) for the fuel wholesale, oil products, for which they are prescribed by the laws of the Member States of the European Union or a third country and distributes or consumes in the territory of the Republic of Latvia;
4.6. merchants who have received a special permit (license) for the retail sale of fuel, petroleum products, of which they are the 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;
4.7. 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;
4.8. economic operators, who are committed to providing these rules laid down in paragraph 8. Services 4.1, 4.2, 4.3, 4.5 and 4.6 referred merchants.
5. The rules referred to in paragraph 4 of the merchants in the reserve amount includes: 5.1 oil volume, which he stored in the location specified in the licence, except for the amount of stored in tanks that are connected to a small trade of electronic cash system;
5.2. volume of petroleum products by the merchant creates and stores in the territory of the Republic of Latvia pursuant to this provision 8.1 and 8.2;
5.3. amount of biofuels that meet the regulations for biofuel quality requirements and what the merchant stores the legislative requirements of the fixed oil storage tanks in the territory of the Republic of Latvia, except volume, which is stored in tanks that are connected to a retail electronic cash system.
6. the existence of the reserve's report submitted contains the locations and quantities response 4.1., 4.2., 4.3, 4.4, 4.5, 4.6 and 4.7. those economic operators referred to in point, except that rule 10.2.5. appropriate referred to.
7. The provisions referred to in paragraph 4, which creates and stores a reserve pursuant to this provision to the conditions of point 5.1 shall: 7.1 the State Revenue Service authorised persons approach up to the reserves, but not able to check the quality and quantity of reserves;
UR7.2.lai reserve storage sites would be verifying fuel quantity measuring tools, as well as fuel storage tank calibration table.
8. This rule 4.1, 4.2, 4.3, 4.5 and 4.6. economic operators referred to in the Republic of Latvia has the right to receive such services on a contractual basis: 8.1 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 and holding a service sufficient amount of petroleum products;
8.2. the reserve storage services, including merchant-owned petroleum product storage in the possession of another trader's legislative requirements in oil storage tanks in the territory of the Republic of Latvia.
9. The rules referred to in paragraph 8 of the recipients have the following responsibilities: 9.1. submit State revenue service in these rules referred to in point 8 of the reserve or reserve a storage service contracts no later than their entry into force, but the contract amendments, within five working days from the date of its entry into force;
9.2. the rules referred to in paragraph 8 of the service contracts specify: 9.2.1. reserve or reserve a storage service provider (trade name, registration number, registered office);
9.2.2. the storage of reserve or reserve service location (address);
9.2.3. the reserve or reserve storage services and oil product categories for which services are provided;
9.2.4. the reserve or reserve a storage service, pursuant to this rule 10.2.6. subparagraph condition.
10. The provisions referred to in paragraph 8 of the provider: 10.1.ir require at least one of the following documents: 10.1.1. special permit (license) holder of the Excise warehouse activity;
10.1.2. special permit (license) the fuel wholesale.
10.1.3. special permit (license) for the operation of the approved merchant;
10.1.4. the holding of a customs warehouse;
10.1.5. authorisation for the operation of a free zone;
10.2. has the following responsibilities:
10.2.1. create and maintain a reserve 15 or 16 of these regulations set out in the paragraph;
10.2.2. provide to the State Revenue Service authorised persons access to the created reserves to smooth can verify the quality and quantity of reserves;
10.2.3. to submit to the State Revenue Service 13.2 these regulations referred to in the report;
10.2.4. ensure to reserve storage sites would verify burning substance measurement tools, as well as fuel storage tank calibration tables;
10.2.5. ensure that provision referred to in paragraph 8 of the reserve or reserve a storage service contracts down the reserve category being defined and designated reserve storage sites;
10.2.6. ensure to reserve or reserve storage service shall not be shorter than 90 days;
10.2.7. not to withdraw from the contract if it declared storage tanks capacity is insufficient.
11. The agreement on the reserve storage services within the contract price must not exceed the provisions mentioned in paragraph 14 of the reference price by more than 25%.
12. The provisions referred to in paragraph 4, the operator provides and make re according this rule zerv 15. or specified in paragraph 16 and matīv laid down nor the quality requirements (except seasonal requirements).
13. each month until the 15th date of the provisions referred to in paragraph 4, the operator shall submit to the State revenue service following the previous month's activity reports: 13.1. these regulations 4.1, 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7 are referred to the merchant, of the oil reserves (annex 1);
13.2. This provision the operator referred to in paragraph 4.8:13.2.1. If they provide this provision the service referred to in point 8.1 — Overview of the oil reserve services (annex 2);
13.2.2. If they give this rule 8.2., the services referred to in point — an overview of the petroleum product storage services (annex 3).
14. The State revenue service collects these rules referred to in paragraph 13 of the reports and the information provided each month to twenty-third date submitted a summary of the economic Ministry in the previous month and published in the internet home page of the weighted average price of storage service reference for the preceding month.
15. This rule 4.1, 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7 are referred to, except the provisions laid down in point 16 cases, establish and maintain a reserve for each of these rules laid down in paragraph 3, the oil product category. The amount of the reserve is calculated each month, using the following formula: R = n Np x – – – – – where the extent of 365 R;
NP: total realized and consumed in a given category, the amount of petroleum products during the previous 12mēnešo (tonnes or cubic metres);
n — the extent of consumption table of days according to paragraph 19 of these rules.
16. The first 12mēnešo after the business started with oil products, which according to this provision, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7 shall have the obligation 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 3, the oil product category. The amount of the reserve is calculated each month, using the following formula: n = Nt-1 12 Rt x x – – – – – – – – – – – 1 365 t where t: number of months since the start of operations;
RT: extent of t a month after the start of operations;
NT-1 — total realized and consumed in a given category, the amount of petroleum products from inception to t the beginning of the month;
n — the extent of consumption table of days according to paragraph 19 of these rules.
17. The operator, which creates and stores reserve this provision to the extent specified in paragraph 16, beginning with the thirteenth month of operation, the extent of the calculated in point 15 of these rules.
18. Under this provision in paragraph 15 or 16 to the prescribed order of calculation calculated size indicates the amount of reserves, a company maintains the following month. The merchant that the records referred to in subparagraph 13.1. report.
19. when calculating the amount of the reserves, using such reserve volume indicators consumption days n: 19.1. until 31 December 2005, 27;
19.2. from January 1, 2006 — 33;
19.3.1 July 2006 — 36;
19.4. from 1 July 2007, 39;
19.5. from July 1, 2008 — 47;
12.2. from 1 July 2009:60.20. This provision 4.8 traders referred to before this fix mu 8.1. services referred to the launch of the State revenue service submitted a communication on the creation of a reserve reserve to provide the service. The notification shall specify: 20.1. merchants, which they will give the reserve service, and add content to the appropriate contract notarized copy;
20.2. the estimated total amount of reserve service and breakdown of the categories of petroleum products (in tonnes or cubic metres) and the storage sites and the provision of the service.
21. The State revenue service is entitled to declare these provisions 8.1. above bottom of 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. The State Revenue Service assesses documents submitted and authorised economic operator operator is complying with requirements of this regulation which do not comply with the State concerned, decide on the rules but 8.1. service referred to in law as well as in writing inform the provider and the recipient of the decision taken.
23. The rules referred to in point 8.1 service delivery is considered as accepted, if the recipient of the service, or the service provider 15dien of this provision 20. submission of the notification referred to in paragraph 1 are not aware of the rules referred to in point 22 of the State Revenue Service decision.
24. where these rules 4.1, 4.2, 4.3, 4.5 and 4.6. economic operators referred to in this provision is adopted, paragraph 22 of decision, a trader within five working days of receipt of the decision provide a reserve according to the requirements of this regulation.
25. the monitoring of the implementation of these provisions provides: 25.1. The State revenue service, performing inventory physical control, database creation and maintenance, 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;
25.2. the Ministry of the economy, analyzing from the State revenue service received reports, a summary of the data and information on violations and sanctions applied, making the exchange of relevant information with the institutions of the European Union and once a month by publishing Ministry website on the internet for information on the total volume of reserves.
26. The merchant or merchant responsible officials who do not comply with the requirements of this regulation, called to determine liability legislation.
27. This provision at the bottom points 4.1 and 4.2 shall enter into force by 1 July 2006.
28. This provision 4.3, 4.4, 4.5, 4.6 and 4.7 shall lapse by July 1, 2006.
29. During the first 12 months after the entry into force of these rules, all merchants who by these regulations are obliged to create and store a backup reserve amount calculated by this rule set out in paragraph 16 of the formula.
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, Minister of finance Spurdziņš o. Economic Minister A.r. Kariņš Editorial Note: rules shall enter into force on 18 November 2005.
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