Key Benefits:
Law of 4 April 1979 on the implementation of the Agreement on an International Energy Programme established in Paris on 18 November 1974
We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it would be desirable to set out to meet the obligations laid down for the Netherlands by the Agreement on an Agreement on the European Economic Community of the European Union of 18 November 1974 in Paris. International Energy Programme ( Trb. 1975, 47) and any further provisions relating in particular to the acquisition of information relating to the oil market;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Agreement: the Agreement on an International Energy Programme established in Paris on 18 November 1974 ( Trb. 1975, 47);
Petroleum products: the products referred to in Article 9, first paragraph, of the Agreement;
entering: the release for free circulation;
execute: clearance outside freedom of movement;
Our Minister: Our Minister for Economic Affairs.
1 Where measures are put into effect in accordance with Chapter IV of the Agreement, the application of the provisions of Chapter IV of the Agreement may be Article 24, second, sixth and seventh member, of the distribution law that the articles of that act referred to in paragraph 2 of that Article are to enter into force in respect of petroleum products.
2 Article 24, third paragraph, of the distribution law shall not apply in respect of a decision, taken in accordance with the first paragraph.
3 Where, in accordance with the provisions of paragraph 1, the Article 24, second paragraph, of the distribution law Articles which have entered into force may, using the powers provided for in that Law, take the measures to limit the demand for petroleum products provided for in Chapter IV of the Agreement.
4 The provisions of the preceding paragraphs shall apply mutatis mutandis in the event of an obligation to limit the demand for petroleum products for the Netherlands by a decision of an institution of the European Communities or of a decision of the European Communities a body set up under the Agreement.
1 In cases where Chapter IV of the Convention provides for the entry into force of Chapter III of the Convention, our Minister may, in order to fulfil an obligation on the Netherlands to supply petroleum products as referred to in Article 3 (1) of the Convention, Chapter III of the Convention, or in the interests of a balanced distribution of petroleum products to producers and traders of such products in the Netherlands to a producer or dealer of such products Quantity of petroleum products of a kind which he declared to be one or more of the to provide others.
2 A contract referred to in paragraph 1 may include:
(a) the country or place where delivery is to be delivered;
b. the natural person or the legal person, to whom to be supplied;
(c) the obligation to inform our Minister, within a period of time, of the measures taken and to be taken for the satisfaction of the task;
(d) the period within which delivery is to be made;
e. provisions concerning the delivery terms.
3 In fixing under paragraph 2 (2), P. A price to be delivered shall be subject to the conditions laid down in respect of the price of petroleum products granted for the purpose of implementing the Agreement or in application of the Agreement.
4 The person to whom a contract referred to in paragraph 1 is addressed shall be deemed to have satisfied that contract if he proves that he has made the necessary offers and has, moreover, made all reasonable efforts to remedy this situation. The contract is to be fulfilled and that the failure to execute the contract is not due to him.
Our Minister may order as referred to in Article 3, first paragraph , whether or not at the request of the person to whom the contract is addressed, amend or withdraw.
1 If in a command as intended in Article 3, first paragraph -a natural person or a legal person to whom it must be supplied shall be liable to the State for the fulfilment of the financial obligations of the designated natural or legal person, as opposed to the person, until the date of the entry into force of the financial obligations. Who is the assignment of the assignment, result from the ordered delivery.
In other cases, the Minister, acting on a reasoned request from the addressee, may state that the State is liable for the fulfilment of the financial obligations of the person, to whom the applicant is If, in its opinion, there is insufficient certainty, the supply of such obligations shall be fulfilled.
1 Our Minister may in any case as referred to in Article 3, first paragraph If, in its opinion, it is required to attain one of the objectives referred to in that Article, the right to property is to be recovered in respect of petroleum products.
2 The claim shall be made for the benefit of the State, or another legal person or a natural person.
3 In order to make decisions, the persons designated must be required to, to the extent possible, to the extent possible, to the person concerned, to whom the action is to be made, to the place where the proceedings are determined and to be made to the person concerned. to provide for the effective exercise of the right of advanced law.
4 The Articles 4 , 5, second paragraph , 8 , 9, first, second and third members , 10 , 11 , 13 , 15, first and third members , 16 and 31, first paragraph, of the Proceedings Act shall be applicable mutatis mutandis.
5 The compensation shall be fixed in accordance with the conditions laid down in respect of the price of petroleum products allocated to or pursuant to the Agreement.
6 The determination of the amount of compensation to be paid to rightholders with whom no agreement has been reached on the subject or who have not taken part in the consultations shall be made by the Rotterdam court.
7 Article 18 of the Proceedings Act shall apply mutatis mutandis.
Immediately after the State has the right to ownership of petroleum products, which is intended to fulfil an obligation under the Netherlands to comply with the provisions of the Article 3, first paragraph , having obtained an advanced stage, our Minister shall take the necessary measures to comply with that obligation.
In the case of an obligation under the Netherlands as intended to be Article 3, first paragraph , is repealed or lapses, or Chapter III of the Agreement has been put into effect, shall continue to be the Article 3, first paragraph Orders given as well as the powers and obligations thereunder under this law, except in so far as our Minister, whether or not at the request of the addressee, provides for a contract.
It in the Articles 3 - 8 shall apply mutatis mutandis in the case of an obligation to transfer petroleum products to one or more other Member States of the European Communities for the Netherlands by a decision of an institution of the European Communities Communities or a decision of a body set up pursuant to the Convention.
1 Natural and legal persons belonging to the categories designated under paragraph 2 shall be obliged, subject to the rules of the Minister, to provide written information or documents in writing to our Minister. laying down the matters designated under the third paragraph.
2. Our Minister shall designate one or more of the following categories of natural or legal persons to whom the obligation referred to in paragraph 1 shall apply. It concerns natural or legal persons, who, in the exercise of a holding:
Trade in petroleum products on the domestic market;
(b) the processing or processing or processing of petroleum products in the Netherlands, or
(c) importing petroleum products;
d. To export petroleum products;
(e) bring petroleum products into the Netherlands without delay;
f. bring petroleum products not released from free circulation outside the Netherlands,
g. petroleum products in the Netherlands are in storage for themselves or for third parties; or
h. operate a tube pipe located in the Netherlands for the transport of petroleum products.
3 Our Minister shall designate one or more of the following particulars and documents to which the obligation referred to in the first paragraph relates. It concerns data and documents relating to:
a. the entry in the second paragraph, A - G , such operations, and the transport of petroleum products through a pipe-pipe;
b. The extraction of crude oil both inside and outside the Netherlands;
(c) the allocation and the conditions for the allocation of petroleum products to customers;
d. the conditions for the acquisition of petroleum products;
e. the cost and its constituents of petroleum products;
f. the structure of the undertaking and of the group of companies to which it belongs;
g. the financial structure, including balance sheets, loss and profit accounts and taxes paid by the Company;
h. the investments made and planned investments;
(i) subject to Article 27 (1) of the Rules of J , or Article 33, under f. , of the Convention, and subject matter, availability and conditions of availability of petroleum products in respect of which, for the Netherlands, by virtue of an international agreement or a decision of international law an obligation exists to provide data.
4 The rules to be laid down pursuant to paragraph 1 shall cover, in any case, the following:
a. the nature of the information to be provided and the documents to be transmitted;
(b) the periods or the dates on which the information or documents are to be given;
(c) the period within which the obligation is to be fulfilled.
1 Our Minister can of the pursuits Article 10 grant a derogation on request for that purpose.
2 An exemption may be granted under restrictions. Rules may be attached to a waiver.
1 Our Minister is responsible for the information and documents, which he/she is responsible for Article 10 or any other legislation has been obtained, to be made available to the Secretariat referred to in Article 59 of the Convention, in so far as it is required to comply with Article 27, 32 or 33 of the Agreement.
2 Our Minister is also responsible for the information or documents, the availability or conditions of availability of petroleum products relating to him on the basis of Article 10 or any other legislation has been obtained, to be made available to any other body of international law, in so far as it is for the satisfaction of an obligation resting on the Netherlands under another international agreement or a A decision of an organisation of international law is required.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible. The Articles 5:13 to: 5:20 of the General Law governing law shall apply mutatis mutandis to the officials designated by the decision of Our Minister responsible for carrying out the implementation of Section 3 of this law.
2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .
Outside of the cases specified in Article 12 , information obtained pursuant to this Act, insofar as it relates to individual natural or legal persons, or inferences may be made in respect of such persons, without the consent of that persons are not provided to others than those who are in charge of the implementation of one or more provisions of this Act.
This law can be cited as: International Energy Programme Act.
This Act shall enter into force from the day following the date of issuance of the State Sheet , in which she is placed.
Burdens and orders that are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Issued at Paleize Soestdijk, 4 April 1979
Juliana
The Minister for Economic Affairs,
G. M. V. van Aardenne
Published in the 19th April 1979The Minister of Justice,
J. de Ruiter
