Key Benefits:
Act of 20 December 2012, laying down rules on the holding of stocks of petroleum products (Wet Inventory formation petroleum products 2012)
We Beatrix, 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 into consideration that it is desirable to Stocks of stocks of petroleum products 2001 To be reviewed in full to implement Directive 2009 /119/EC the Council of 14 September 2009, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (PbEU 2009, L 265);
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
- Bilateral agreement: between the Netherlands and any other State Treaty referred to in Article 3 of the Annex to the Agreement on an International Energy Programme (Trb. 1975, 47);
- Domestic consumption: it in accordance with Annex II of Directive 2009 /119/EC calculated total of the quantities of petroleum products delivered in the Netherlands for energy and non-energy purposes, except that this total is made up of deliveries to the conversion sector, industry, transport, households and other sectors for the purpose of final consumption; this total includes the own use of the energy sector itself (except refinery fuel consumption);
- Biofuel: For transport liquid or gaseous fuel made from biomass, using 'biomass' means the biodegradable part of products, wastes and residues of agriculture (including plant and animal products); substances), forestry and related industries, as well as the biodegradable part of industrial and household waste;
- Bunker stocks of international maritime navigation: Total as defined in point 2.1 of Annex A to this Regulation: Regulation (EC) No 148/EC 1099/2008 from the European Parliament and the Council of the European Union of 22 October 2008 (PbEU 2008, L 304) on energy statistics;
- central entity: Institution or service as referred to in Article 7 of Directive 2009 /119/EC to which the power has been given to act for the purpose of buying, maintaining and selling oil stocks, including security stocks and special stocks;
- COVA: Foundation Central organ Stock forming Petroleum products, being the central entity for the Netherlands;
- International obligations: obligations for the holding of a stock of petroleum products, arising from the Agreement on an International Energy Programme (Trb. 1975, 47) and Directive 2009 /119/EC ;
- operator: permit holder as intended Article 4, first paragraph, point (a) ;
- Oil stocks: stocks of crude oil or other petroleum products, as defined in Annex C, point 3.1, of Regulation (EC) No 148/EC 1099/2008 from the European Parliament and the Council of 22 October 2008 on energy statistics (PbEG 2008, L 304);
- Our Minister: Our Minister for Economic Affairs;
- Reference year: calendar year that precedes the stock year;
- Directive 2009 /119/EC: Directive 2009 /119/EC the Council of 14 September 2009 imposing an obligation on Member States to keep the minimum stocks of crude oil and/or petroleum products in storage (PbEU 2009, L 265);
- special stock: oil stocks complying with the provisions of Article 9, first to fourth paragraph, of Directive 2009 /119/EC specified conditions;
- Additions: substances other than hydrocarbons which are added to or blended with a product in order to change its properties;
- Rash: Result for consumption as specified in Article 2 of the Law on Excise Duty , with the exception of episodes intended for international maritime transport;
- Safety stocks: oil stocks held by each Member State of the European Union pursuant to Article 3 of Directive 2009 /119/EC to keep it mandatory;
- Stock year: period of 12 months starting on 1 April of any year;
- Stockpiling: the person who has to hold stock of petroleum products pursuant to this Act;
- statutory stock: Stocks of petroleum products which are intended to meet the international obligations applicable to the Netherlands.
For the purposes of applying to or pursuant to this Law, petroleum products, as specified in Annex B, point 4.1, are to be Regulation (EC) No 148/EC 1099/2008 from the European Parliament and the Council of 22 October 2008 on energy statistics (PbEG 2008, L 304), divided into the following categories:
a. crude oil and natural gas condensate,
b. motor gasoline,
(c) Air petrol,
d. Light jet fuel (from naphtha type or JP4),
e. kerosene type jet fuel,
f. kerosene other than the kerosene referred to,
g. Gas oil/diesel oil (petroleum distillate),
h. Heavy fuel oil (with high and low sulphur content),
Refinery feedstocks of the products listed under (b) to (h) and
j. other products: ethane, LPG, white spirit and special petrol types, lubricants, bitumen, paraffin and petroleumcoke.
The legal stock shall be equal to or greater than the greater of the following two quantities: 90 times the daily average of the net imports of petroleum products or 61 times the daily average of domestic consumption, calculated in accordance with Article 3 Of Directive 2009 /119/EC .
1 Our Minister proposes not later than 31 March each year for the following stock year, the size and composition of the petroleum products to be kept in stock:
a. For each permit holder for one or more excise-goods places for mineral oils as specified in: Article 39 of the Law on excise duty , which has either been removed from petroleum products in the reference year or has supplied a quantity of jet fuel from the kerosene type for the propulsion of aircraft, which is in total above those of the second paragraph of the second paragraph of the the threshold referred to, and
b. for COVA.
2 The level of the threshold shall be determined by a general measure of management.
3 The first paragraph, (a), shall not apply to the Dutch armed forces.
4 Operators and COVA shall maintain the stocks of petroleum products established pursuant to the first paragraph.
5 If an economic operator is part of a group as referred to in Article 24b of Book 2 of the Civil Code , rest the obligation on the legal person or company that is at the head of the group.
6 The relative size of the obligation for economic operators is calculated on the basis of the declarations referred to in Article 53 of the Law on excise duty , in respect of the reference year, and the amount of jet fuel of the kerosene type delivered for the propulsion of aircraft over the reference year. The calculation shall be made in a manner to be determined by ministerial arrangement.
1 The determination of the Article 4, first paragraph -shall be effected in accordance with Articles 4 and 9, fifth paragraph, of Directive 2009 /119/EC and in such a way that:
a. at least 1/3 of the statutory stock is held in the form of the following petroleum products: motor gasoline, gas oil/diesel oil (petroleum distillate), and kerosene type jet fuel;
b. kerosene type of jet fuel shall be limited to 15 consumption days according to their average domestic consumption in the reference year and
(c) the quantity of other petroleum products shall be determined in proportion to their domestic consumption in the reference year.
2 The quantity of petroleum products held by an operator shall be determined by:
a. the threshold, specified in Article 4, second paragraph , to be distributed among the various categories of petroleum products in proportion to the results of each category in the reference year;
b. By category of petroleum products, the quantity released in the reference year is to be reduced by the quantity calculated using the part a and
(c) multiplying the quantity calculated by application of subparagraph (b) by a percentage to be determined by a general management measure.
3 At least half of the obligation to retain stock fixed for an economic operator shall be held in the form of petroleum products referred to in the form of products referred to in Article 3 (1). Article 2, parts b, e or g . The remaining part may be held with the petroleum products referred to in Article 2 (a) to (i).
4 The total quantity of petroleum products to be maintained by COVA is determined by reducing the legal stock by the total quantity of petroleum products to be kept by economic operators. In so far as the stock obligation of economic operators is not satisfied together with the first paragraph, subparagraph (a), the remaining part of the petroleum products referred to is being held by COVA.
In view of an impending oil crisis, our Minister may provide for an increase in the part of the statutory stock fixed for COVA by a quantity to be determined by him.
1 Our Minister may, in view of an oil crisis or a looming oil crisis, determine that:
a part of the legal stock fixed for COVA or for an economic operator may be temporarily reduced by a section to be determined;
b. Petroleum products held by COVA or by an economic operator as part of the legal stock and which are not located in the Netherlands, are transferred to the Netherlands within a period to be determined by him.
2 A decision adopted under the first paragraph of point (a) may include restrictions, including a limitation of the categories of petroleum products to which the stock may be reduced.
1 A product shall be included in the legal stock only if it is located in a Member State of the European Union.
2 If the product is not located in the Netherlands, it shall be counted only in the legal stock if it is satisfied with or under the conditions of the Articles 10 , 12 , 14 and 15 .
Biofuels and additives shall only be included in the legal stock if they are:
a. Mixed with petroleum products that belong to the statutory stock; or
b. stored in the territory of the Netherlands and
-are intended to be mixed with petroleum products which are part of the statutory stock, and
-are intended to be used in transport.
1 To the statutory stock are not counted products:
a. Those located in pipelines or processing plants of a refinery;
b. Those located in pipelines, tank cars or tank wagons,
c. being available, whether exclusively or exclusively, for direct delivery for the purposes of road traffic,
(d) belonging to the bunker stocks of international maritime navigation;
e. which are held to comply with international obligations of a State other than the Netherlands or of a national of that State, in respect of which it is ensured that the Netherlands will not impede the transfer to that other State, or
f. following the implementation of Directive 2009 /119/EC are held in the Netherlands for the purpose of carrying out an inventory subject from another Member State.
2 Furthermore, it is not covered by the statutory stock of heating oil (high and low sulphur content) and crude oil contained in installations used for the extraction of crude oil.
1 COVA may transfer tasks relating to the management of the part of the statutory stock which it has adopted for a specified period only to:
a. Member State of the European Union, in the territory of which the stock is situated;
b. a central entity established by a Member State of the European Union on the territory of which the stock is situated, or
(c) a holding of a stock of petroleum products in a Member State of the European Union.
2 The management tasks may not be further transferred.
3 The management tasks need to be transferred and modified to a holding holding a stock of petroleum products in another Member State of the European Union, the prior agreement of our Minister and of that Member State.
4 The transfer to a company in the Netherlands and change thereof is notified in advance to Our Minister.
1 A product shall be included only in the legal stock if it is actually available at any time to the stockpiling person.
2 If the stockholder is not an owner of a product held in the territory of the Netherlands, it shall be counted only if he has a right of disposal in respect of that stock:
a. that has entered for the first of a month; and
b. Has a lifetime of use of a month or multiple of it.
3 If the stockholder is not a person entitled to a product held in the territory of another Member State of the European Union, it shall be counted only if he or she is a member of that person. have a right of disposal:
a. that has entered for the first of a quarter; and
b. Has a duration of validity of a quarter or multiple of that duration.
4 Our Minister may provide that an economic operator must be sole proprietor on at least a part of the legal stock to be determined by him if it has been found in the past by that economic operator or with regard to that part of the market. operator, not met the second and third members.
1 COVA accepts, for an operator at cost, the transfer of the obligation to hold a stock of petroleum products as part of the legal stock.
2 COVA accepts such a transfer under objective, transparent and non-discriminatory conditions.
3 COVA may attach to such a transfer the condition that the economic operator provides a guarantee or other security.
1 An economic operator may transfer at least part of the obligation to maintain a stock of petroleum products as part of the statutory stock to only:
a. COVA, provided that the transfer is carried out at least 170 days prior to the period covered by the obligation;
b. A central entity set up by another Member State of the European Union, provided that the transfer is carried out at least 170 days prior to the period covered by the obligation and that entity, Our Minister and the Member State, the territory of which the stock is to be held has consented in advance,
(c) a holding in the territory of another Member State of the European Union, provided that our Minister and the Member State, in whose territory the stock is to be held, have consented in advance, or
d. a company in the Netherlands, provided that the transfer has been notified in advance to Our Minister.
2 Change or renewal of a transfer referred to in point (b) and (c) of the first paragraph shall not enter into force until its agreement has been approved by our Minister and the Member State concerned.
3 A transferred obligation referred to in subparagraph (c) and (d) of the first paragraph shall not be further transferred.
4 Our Minister may attach to a transfer as referred to in the first paragraph, under d, regulations and limitations.
5 Change or extension of a transfer as referred to in paragraph 1 (d) shall be deemed to be a new transfer.
1
In the case of a general measure of administration, detailed rules and restrictions may be imposed on the holding outside the Netherlands of a stock of petroleum products as part of the legal stock.
2 Our Minister may lay down detailed rules regarding the notification of transfers as referred to in the Article 11, fourth paragraph , and 14, first paragraph, point (d) .
1 Our Minister likes, with reference to the categories mentioned in Article 2 , a register of the legal stock. This register shall contain the information referred to in the second and third paragraphs.
2 The stockpiling person shall provide to our Minister details of the volume and composition of the petroleum products held in stock, the place where those products are held, their rights to this effect, and, if there is any of the transfer of the obligation to hold stocks of petroleum products, as regards the financial compensation used in this context, as provided for in the Ministerial Regulation.
3 The second paragraph shall apply mutatis mutandis to the person who, himself not in stock, manages a stock of petroleum products for the benefit of an stockholding company.
4 The scheme referred to in paragraph 2 shall relate to the content of the information requested, the manner in which it is provided, and the dates of the transmission of the information requested.
5 An inventory subject shall report to our Minister as soon as he is in a position to be in bankruptcy, and if the part of the legal inventory has been established for him or her to be filed for bankruptcy have been affected by other enforcement measures.
1 COVA shall maintain a public register of:
a. all the information on the quantity of petroleum products available to COVA per product category in order to hold a stock of petroleum products for the benefit of economic operators or of central entities of other Member States;
(b) the conditions under which it is prepared to hold supplies of petroleum products to market participants.
2 The conditions referred to in point (b) of paragraph 1 shall be published at least seven months prior to the transfer of the obligation to hold a stock of petroleum products.
The stock-keeping requirement shall keep records, records and records in respect of a legal stock for at least five years.
1 Our Minister may, at the request of an inventory requirement, grant exemption from the Article 4, first paragraph, point (a) , and 16, second paragraph If the stock obligation for the stockpiling person leads to a disproportionate financial burden due to the fact that the
(a) whether or not only a very small part of the petroleum products to be held in stock is owned and have no, or only limited, storage capacity for the petroleum products, or
b. in circumstances as specified in Article 16, fifth paragraph , is or is in danger of being or is being affected by the measures referred to there.
2 The derogation may relate to part of the obligation or to a certain category of petroleum products.
3 No exemption shall be granted if the stockpiling person holds supplies of the same category of petroleum product for third parties in the same period of time against payment.
4 In the case of a general measure of management, detailed rules may be laid down regarding the conditions under which a waiver may be granted.
5 An exemption may be subject to restrictions and rules may be attached to a waiver.
6 An inventory requirement is required to comply with the restrictions and regulations imposed.
7 A derogation may be amended or repealed
a. at the request of the holder of the waiver,
b. if the restrictions or regulations imposed are not fulfilled,
c. if during the period of time it is found that the stockholding person liable for payment of stocks of the same category of petroleum product for third parties, or
d. of its own motion, if that is necessary in the opinion of our Minister for important reasons.
1 Our minister is concerned that there is a Foundation Central Organ Stockforming Petroleum Products.
2 COVA has the task of maintaining, with due regard to the security of supply of petroleum products, its share of the legal stock at the lowest possible cost, and to do all that can be beneficial.
1 The management of COVA shall consist of at least three and a maximum of five members.
2 Our Minister appoints and dismisses the chairman and the other members of the board.
1 Only Our Minister can amend the statutes of COVA.
2 Our Minister may, after hearing the management of COVA, give COVA binding instructions which he considers necessary for the proper performance of COVA. These indications may cover, inter alia, the categories of products that COVA should hold, the manner and place of storage thereof and the use of COVA's stocks in the case of an oil crisis or a threat of oil crisis.
3 COVA shall supply to our Minister the information required for the performance of his task. Our Minister may, in so far as it is reasonably necessary for the performance of his duties, access business records and records.
1 The budget of revenue and expenditure and the annual accounts of COVA need to be approved by our Minister after being established by the Board of COVA.
2 The management of COVA shall, by 1 February of each year, present to our Minister for approval the budget for the calendar year in question, accompanied by the necessary explanatory notes and documents. If the budget has not been approved before the beginning of the calendar year for which it is to be submitted, our Minister of State may authorise COVA to make certain expenses.
3 The board of COVA offers our Minister annually before July 1 to the account of revenues and expenses over the past calendar year, as well as an overview of the magnitude and composition of the power at the end of that year and a accompanying explanatory notes. The documents submitted require a statement from an auditor as referred to in Article 393, 1st paragraph, of Book 2 of the Civil Code , which has been designated by the Board of COVA. They shall continue to be accompanied by an auditor's report containing comments which have been submitted by the latter.
4 The approval of the revenue and expenditure account, in so far as it relates to revenue and expenditure, to the discharge of the management, except in the case of subsequent falsehood in supporting documents or other irregularities.
1 If, in the opinion of our Minister, COVA neglects its task seriously, our Minister may make the necessary arrangements, if necessary by way of derogation from the statutes of COVA.
2 The provisions are not to be taken earlier than after COVA has been given the opportunity to carry out its task properly after COVA has been given the opportunity to do so.
The State is liable for the debts of COVA which were allowed to remain after its liquidation as a legal entity.
1 Under the name of the levy, a levy shall be levied on the import levy. Article 27 products referred to. The stock levy provides for the financing of COVA's operating costs.
2 The tax on stocks is charged by the tax administration for our Minister of Finance and applied as a true excise duty.
3 Our Minister of Finance pays the proceeds of the stock charge to COVA, or, after the liquidation of COVA as a legal entity, to our Minister.
1 The levy shall be:
a. Light oil, per 1 000 litres at a temperature of 15 degrees Celsius: € 8,00;
b. Half-heavy oil, per 1 000 litres at a temperature of 15 degrees Celsius: € 8,00;
c. Gas oil, per 1 000 litres at a temperature of 15 degrees Celsius: € 8,00;
d. liquefied petroleum gas, per 1 000 kg: € 8,00.
2. products referred to in paragraph 1 shall be understood as having regard to the following products: Articles 26 and 28 of the Law on Excise Duty .
1 The holding in the Netherlands of a supply of petroleum products to comply with international obligations of a State other than the Netherlands or of a national of that State shall be subject to the prior consent of our Minister.
2 Our Minister may refuse an application for the holding of stock only if:
a. consent to his judgment could lead to a situation that would be in conflict with Directive 2009 /119/EC (b) Under-the- Article 30 set rules or
b. refusal in his judgment is otherwise necessary in order to ensure compliance with international obligations applicable to the Netherlands.
The Articles 16 and 18 shall apply mutatis mutandis to the person holding a supply of petroleum products in the Netherlands in order to comply with international obligations of a State other than the Netherlands or of a national of that State.
In the case of a general measure of administration, detailed rules and restrictions may be imposed on the holding of a stock of petroleum products in the Netherlands to comply with international obligations of a State other than the Netherlands or of a national of that State.
The officials designated for the surveillance exercise shall be responsible for assisting inspections under Directive 2009 /119/EC by persons empowered to do so by the European Commission. These inspections are Section 5.2 of the General Administrative Law applicable mutatis mutandis.
Our Minister shall, within five years of the entry into force of this Law, and thereafter every five years, send to the States-General a report on the effectiveness and effects of this law in practice and on its effectiveness and effectiveness. efficiency of COVA function.
1 The Stocks of stocks of petroleum products 2001 shall be withdrawn.
2 The provisions of the Stocks of stocks of petroleum products 2001 continue to apply in relation to facts which result in the chargeability of the stock levy or to the payment of stock charges, which have taken place before 1 April 2013 and relating to offences that have taken place Before that date.
3 By way of derogation from Article 4, first paragraph , with regard to a period between 31 December 2012 until 31 March 2013, Our Minister shall determine the volume and composition of the petroleum products to be held in accordance with Article 3, third paragraph, of the Agreement. Directive 2009 /119/EC .
Articles of this Law shall enter into force as from a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.
This law is cited as: Stock formation oil products 2012.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
' s-Gravenhage, 20 December 2012
Beatrix
The Minister for Economic Affairs,
H. G. J. Kamp
Issued the seventeenth of January 2013The Minister for Security and Justice,
I. W. Opstelten
