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Amendments To Cabinet Of Ministers April 12, 2011 Rules No 286 "order In Which Merchants And Provides Security Services To The State Of The Reserves Of Oil Products (Fuel) To Create Emergency Stocks To Some Extent"

Original Language Title: Grozījumi Ministru kabineta 2011.gada 12.aprīļa noteikumos Nr.286 "Kārtība, kādā komersanti nodrošina un sniedz drošības rezervju pakalpojumu valsts naftas produktu (degvielas) drošības rezervju izveidei noteiktā apjomā"

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Cabinet of Ministers Regulation No. 91 in 2013 (12 February. 9. § 17) amendments to Cabinet of Ministers April 12, 2011 no 286 "in the terms of the order in which operators provide reserve and provide security service oil (fuel) to create emergency stocks to some extent" Issued in accordance with article 72 of the energy law, the first paragraph to make the Cabinet April 12, 2011 no 286 "in the terms of the order in which operators provide reserve and provide security service oil (fuel) to create emergency stocks to some extent" (Latvian journal by 2011, 63 no; 2012, 39 no). the following amendments: 1. To make paragraph 1 by the following: "1. determines the order in which the economic operator shall ensure and provide security services for State reserves of oil products (fuel) to create specific safety margins (hereinafter Security reserve service) to the energy crisis periods to ensure the supply of oil products (fuel)." 2. To supplement the provisions under point 1.1 as follows: "taking these provisions 1.1 actions with petroleum products (fuel) must comply with the laws and regulations on excise duties." 3. Express 2.1 the following: "2.1 not less than 25% of the total in each category of petroleum products stored in security stocks are stored in the territory of the Republic of Latvia." 4. Supplement with 2.2, 2.3, 2.4, 2.5 and 2.6 of paragraph by the following: "2.2 If the merchant offers competition for security oil storage reserve in the territory of the Republic of Latvia exceeding 25% of the total in each category of petroleum products stored in the security provisions of the Ministry of economy after the tender results the evaluation can decide that the respective amounts are credited to the first if the price for storage in the territory of the Republic of Latvia shall not exceed the price offered for the economic operators concerned categories of petroleum products storage security provisions in other Member States of the European Union. 2.3 no more than 75% of the total in each category of petroleum products stored in safety stocks can keep the other Member States of the European Union, if the following conditions are simultaneously fulfilled: 2.3 1. reserve, consisting of crude oil and intermediate products (components), can be stored in a European Union Member State in the territory of which is oil processing plant that can provide oil (fuel) production periods the energy crisis; 2.3 2. energy crisis security oil stocks are supplied oil products (gasoline) according to this provision, 2.3., 2.4., or referred to in point 2.5 oil product categories. 2.4 The provisions laid down in point 2.3 amount can be greater than 75% of the total in each category of petroleum products stored in the security provisions of this rule in the case provided for in point 2.5. 2.5 If the merchant selected in open competition, does not provide the safety stock of petroleum products storage in the territory of the Republic of Latvia for at least 25% of the total amount of emergency stocks stored in one of the categories of petroleum products, the economic Ministry may decide on the necessary security of petroleum products stocks, selecting the merchant offers that provide the reserve storage of any other Member State of the European Union. 2.6 evaluating this rule 2.1, 2.2, 2.3, 2.4 and 2.5 above the desired security oil stocks, the Ministry of economy may not rate the merchant security reserve service offer, if the price of the service per month per tonne in the amount of more than 50% (excluding value added tax) exceed the corresponding part of the competition required oil volume weighted average price. " 5. Express (4) and (5) the following: "4. If a State is declared energy crisis, economic operators, which provides security services to the reserve, on the basis of contracts concluded for the provision of safety margins of the State (Republic of Latvia) oil reserves, supply security reserves of category I and II stored petroleum products without added 4.5-5% vol. of ethanol from the total volume of gasoline and biodiesel without added 4.5-5% vol. of the total volume of diesel fuel in accordance with the laws and regulations on excise duty and ensure the security of the reserve (fuel) compliance with quality requirements of legislation on conformity assessment. 5. the Ministry of Economic Affairs every year until 1 June advertised open tender security reserve service, ensuring that the proposed amount of the stored security reserve meets at least the average daily net imports for 90 days or the quantity of daily domestic consumption for 61 days, whichever of the two quantities is greater. In determining the amount of the stored security reserve:

5.1. average daily net imports quantity calculated in accordance with the rules referred to in annex 1 of the method based on the quantity of crude oil equivalent of imports during the previous calendar year; 5.2. the average daily inland consumption is calculated in accordance with the provisions referred to in annex 2 of the method based on the crude oil equivalent of inland consumption during the previous calendar year; 5.3. the average daily net imports and domestic consumption for the period from 1 January to 31 March each year, calculated on the basis of the quantity imported and consumed during the year preceding the calendar year if that rule 5.1 or 5.2 quantities referred to in point cannot be determined. " 6. Delete paragraph 6. 7. Make points 7 and 8 of the following: "7. Security reserve service can provide the merchant that the proposed amount of petroleum products stored in this rule referred to in paragraph 2, the oil products when submitting the application for membership of the rules referred to in paragraph 5 in the public tender is not less than 1000 tonnes and which have met at least one of the terms referred to in paragraph 8. 8. This provision the operator referred to in paragraph 7 may provide security services to the reserves in the Republic of Latvia or another Member State of the European Union, if the security reserve service is a petroleum products storage: 8.1. provided by the Republic of Latvia registered merchant, who does business with the excise goods (petroleum products) in accordance with the laws and regulations on excise duties, which ownership or possession of the territory of the Republic of Latvia is the legislative requirements of the fixed oil storage tanks that are located in the reserve service provider at the specified location, and that property has security reserve service sufficient amount of petroleum products or has a contractual right to purchase petroleum products (except the operator who provides oil security reserve service on fuel oil, which index is colorimetric 2.0 or higher or kinematic viscosity 50 ° C is 25 mm2/s or more); 8.2. provided in another Member State of the European Union established the merchant whose property is in the possession or under the national legislation of the relevant fixed petroleum products storage tanks, which are located in the reserve service provider at the specified location, and that property has security reserve service sufficient amount of petroleum products or has a contractual right to purchase petroleum products; 8.3. provided by the Republic of Latvia or another European Union, European economic area Member State or other country registered merchant through other merchant owned or owned the national legislative requirements of stationary oil storage tanks, and which property has security reserve service sufficient amount of petroleum products or has a contractual right to buy oil. Petroleum product storage tanks and petroleum products comply with the relevant European Union legislation; 8.4. provided by the Republic of Latvia, the European Union, European economic area Member State or other country registered merchants who have concluded a cooperation agreement on safety stock of petroleum products (fuel) service with the merchant who does business with the excise goods (petroleum products) in accordance with the laws and regulations on excise duties. " 8. Delete paragraph 14. 9. Make a point 15 as follows: "15. Merchants who have registered their activity in another Member State of the European Union or the European economic area, as well as merchants from other countries submitted a document confirming the registration of economic operators in the country concerned under their national legislation." 10. Delete paragraph 16, the words and figures "that rule 14.1, 14.2 or 14.3 in. set in the special permission (license)". 11. Make 17 the following: "17. on the basis of the general framework agreement concluded purchase agreements, the Ministry of Economics of security provisions included: 17.1. petroleum products (except for fuel oil, which index is colorimetric 2.0 or higher or kinematic viscosity 50 ° C is 25 mm2/s or higher), which he stored in the specified location, with the exception of the amount, which shall be kept in tanks that are connected to a retail electronic cash system; 17.2. fuel oil, which index is colorimetric 2.0 or higher or kinematic viscosity 50 ° C is 25 mm2/s or more and which the merchant stores the legislative requirements of the fixed oil storage tanks in the territory of the Republic of Latvia or another Member State of the European Union; 17.3. petroleum products merchant store in another European Union Member State under this rule 8.2., 8.3 and 8.4 in (a) to the extent that, together with the territory of the Republic of Latvia storage safety margin does not exceed the amount determined in accordance with the provisions of paragraph 5 of that method of calculation. " 12. Express the point 20 as follows: "20. Economic operators who considered this provision in paragraph 5 that open competition winners, 10 working days after the signing of contracts and further each month until the 15th date of the submitted to the Ministry of Economics report on security in the reserve service (annex 3). Payment of the security provided by the operator for reserve service of the Ministry of economy performs, after receiving the report and invoice for the previous calendar month provided security reserve service. " 13. To supplement the provisions of the following paragraph 20.1: "merchants with whom 20.1 the economy Ministry has concluded that rule 20, paragraph procurement contracts for the provision of the service of the security of national reserve (Republic of Latvia) oil reserves must ensure contracts in oil (fuel) throughout the contract period the purchase and handling of petroleum products (fuel) reserves must comply with the laws and regulations on excise duties." 14. The deletion of the second sentence of paragraph 21. 15. Deletion of informative references to the directives of the European Union 1.
16. Replace annex, the word "Annex" to the number and the word "annex 3". 17. To supplement the provisions of annex 1 and 2 by the following: "1. the annex to Cabinet of Ministers April 12, 2011 regulations no 286 of the imported oil products quantity crude equivalent calculation method of the provisions referred to in paragraph 5 of the imported oil products quantity crude equivalent for the previous calendar year shall be calculated as follows: 1) the imported oil products quantity crude equivalent is obtained by adding the net imports of such products: the quantity of crude oil, liquefied natural gas , refinery feedstocks, other hydrocarbons as defined in the European Parliament and of the Council of 22 October 2008 Regulation No. 1099/2008/EC on energy statistics (hereinafter Regulation No 1099/2008) (B) point 4 of the annex, which shall be adjusted to take account of possible changes in stocks, and subtract from 4%, corresponding to the naphtha productivity (or, if the average naphtha capacity level exceeds 7% of the territory of the country, minus the actual net consumption of naphtha or reduced by the capacity of the average naphtha) and all other petroleum products (with the exception of naphtha) amount of net imports, which is also adjusted to take into account the changes in stocks, and multiplied by the 1.065; 2) international marine bunkers are not included in the calculation; 3) net imports of oil products is the total volume of imports, subtracted from the total oil exports in the previous calendar year. The notes. 1. With the exception of the provisions referred to in point 5.3. 2. data of the Central Statistical Bureau. 2. the annex to Cabinet of Ministers April 12, 2011 regulations no 286 of the crude oil equivalent of inland consumption method referred to in paragraph 5 of the rules of the crude oil equivalent of inland consumption for the previous calendar year shall be calculated as follows: 1) domestic consumption is no 1099/2008 of the regulation of Annex C as defined in point 3.2.1. gross inland deliveries actually set, consisting of only the following products: motor gasoline, aviation gasoline, gasoline type jet fuel (naphtha type jet fuel or JP4) kerosene-type Jet, fuel, other kerosene, gas/diesel oil (distillate fuel oil), fuel oil (with high and low sulphur content), as defined in Regulation No 1099/2008 (B) in paragraph 4 of the annex;
2) international marine bunkers are not included in the calculation; 3) crude oil equivalent of inland consumption is calculated by multiplying by a factor of 1.2. The notes. 1. With the exception of the provisions referred to in point 5.3. 2. The Central Statistical Bureau data. " Prime Minister v. dombrovsky Minister d. Pavļut Economy in the