Regulations on emergency storage of petroleum product.

Date FOR-2006-09-01-1019 Ministry the Ministry of petroleum and energy published in 2006 booklet 12 (notes) the entry into force last modified 02.09.2006 Change applies to Norway Pursuant LAW-2006-08-18-61-section 1 short title Announced regulations on 05.09.2006 emergency storage of petroleum Chapter overview: the main part notes to the dei URkgl.res føresegnene by some Control. on september 1, 2006 with 18 of law heimel August 2006 no. 61 about the emergency storage of petroleum product section 1. Fremja of the Ministry of petroleum and energy.

§ 1. Føremål Forskrifta have to føremål to ensure supply ane nationally and internationally of the petroleum and petroleum product.

§ 2. The storage obligation the imported to/or portrayed the petroleum storage in the country obliged product on to the saman 10,000 m ³ or meir in the base year to føregåande, continue the inventory of such product in line with føresegnene in forskrifta. The same debt importørar and producers who have not imported or made by virtue of your føregåande storage product in the base year, but that in the course of inneverande lagerår is to import or venta portray storage obliged product on the 10,000 m ³ or more. Lagerår is the period from the 1. July to 30. June. The base year is the period from the 1. January to 31. December of that year the host concluded 6 months old before a new lagerår tek.
By calculation you want of the volume to determine whether inventory duty lie lead, the Ministry leggje saman volume from different verksemder within the realm of the same Corporation.

§ 3. The storage charge product with less the Ministry decides something anna is any product storage obliged: a) Category 1: gasoline.

b) category 2: Auto diesel, fixed diesel fuel oil, light fuel, paraffin, jet fuel, marine gas oils.

c) category 3: Heavy distillate, heavy oil.

Produkta to vere in accordance with the Norwegian Petroleum industry standard for institutts oil product. With heavy distillate is meint special distillate heating and special distillate marine.

§ 4. Size of the warehouse inventory should contingency emergency response to a kvar time within the realm of a lagerår match the consumption in 20 days of the total storage product that mengda obliged the storage feature of selt or have consumed in føregåande the base year.
Importørar or producers who have not imported or made by virtue of your føregåande storage product in the base year, pliktar to carry the inventory which corresponds to the consumption in 20 days based on the import and production mengd and venta year import and years of production in the inneverande lagerår.

§ 5. Hall and unnateke storage by consumption from the calculation you want of storage plikta included not a) room and the consumption of mengd as a storage charge has purchased by annan storage required b) sal and consumption of mengd as the storage charge bought by a non storage required c) Hall to the export d) Hall to ship in utanriksfart e) Hall to Defense Government f) possession consumption in the refinery.

The storage required as import or a thrill produced and purchased the storage charge product of other storage obliged, in the medhald of the first paragraph only make such frådrag in the storage feature of imported or eigenproduserte volume that it says in the occasions to dei imported or eigenproduserte, so imported voluma dei or eigenproduserte is in the opportunity to voluma total of imported or eigenproduserte volume and volume purchased by other storage obliged. This debt still not where the storage required can document that a larger portion of imported or eigenproduserte volume has gone to the saddle or consumption that gives the right to the frådrag.
The storage required manufacturer can also make under subsection frådrag for the volume, if selde can dokumenterast that the voluma at vidaresal or consumption would have given the right to frådrag for kjøparen, if kjøparen thrill had made the storage required. Kjøpar to send the documentation for the vidaresal or consumption to the oil and Energy Ministry.

section 6. Tank construction, flexibility in the crude oil and lagringa, komponentar emergency response warehouse will consist of the storage product and obliged to with dei unntaka which is of section 7, section 8 and section 9 eigast of the storage charge and vere in this saved their tank plant in Noreg. With the tank plant in Noreg is meint between anna tank facility at production facilities, stock in the hamner, terminalar for oljerøyrleidningar and the tanker in innanriksfart.
Storage plikta under section 3 are met when at least 40 percent of the stored volume consists of product that belongs under that particular litra.
Storage plikta can also oppfyllast by the inventory of crude oil, condensate and semi-manufactured products. The storage you need to inventory subject to carry of crude oil, condensate and semi-manufactured products as in volume corresponds to the dei voluma that would have gone with in the framstillinga of the current storage produkta obliged the dei. Up to 40 percent of the total storage plikta can consist of crude oil, condensate, or subassemblies.
Unless anna product dividends can dokumenterast, the calculation you want after the third paragraph of the voluma not be paved to because any dividend distribution for crude oil tilsvarande a) 20 percent of the product in category 1 b) 50 per cent for the product in category 2 c) 30 percent for product in category 3.

With dei entries of delimitation is the second paragraph, the stock of several komponentar to be included in framstillinga of the dei storage charge produkta, three in the suburbs for dei to produkta off style cargo of dei. The storage required must provide evidence that the host continue the inventory of all component entries go with in the product to be erstattast. By utrekninga host the teke starting from the largest volume finished product that can forward style download by the mix of dei saved component ane.

section 7. Product that not can be part of a stockpile Any storage product can not be obliged be part of a stockpile: a) crude oil and condensate that is not utvunne b) of storage product that is liable in røyrleidningar, in transit over land and in detail with the exception of the als facility bunkers facility for ship c) storage product that is stored under a duty on behalf of defence Government d) product storage tank under a duty in the ship in utanriksfart.

section 8. Storage of other parts of a total of taxes or the storage volume can lagrast by others for the storage charge say hands, between anna can an or several verksemder innanfor a group meet the storage plikta by that parent company held stock that meet the storage plikta for one or all of the subsidiary company. Agreement on saving to innehalde føresegner that the storage charge shall have the right to dispose of fix volume of fix product within the realm of a determine the period, whether the decision is under section fatta 11.

§ 9. Storage in foreign countries the Ministry may upon application storage to give permission to save the charge up to 20 percent of the total storage forpliktinga in an anna, if countries entered into agreements about how to save between landa. If the særlege relationship tilseier it, the Ministry can allow that until 75 percent will be saved in the anna country. In consent will be added timings to emphasis on choral close geographic store is what occasions Noreg, kind of transport that straddles the lead to get to bringa Norwegian Noreg produkta and annotate similar, in what degree produkta that is saved is adjusted to the Norwegian market and what right the storage charge has to produkta. Lagringa should meet the requirement in the first link second period.

§ 10. Reporting Storage charge or the one who lagrar the petroleum product for storage under a duty, to årleg submit opplysningar about importing, Hall and emergency response warehouse etc. to the Ministry on the special form. Enlightenment sense to sendast by the closing date 15. April and innehalde overview of the production, import and Hall in føregåande base year. This rapporteringa is the Foundation when Government fastset storage obligation and scope of inventory hold. Four gongs, årleg by the closing date 15. January, 15. April, 15. July and 15. October, the overview of the stock haldet sendast in, unless the Ministry decides something anna.
The storage at the same time obliged to give statement that storage plikta are met.

section 11. Imposition of use By shortage in supply ane of petroleum and petroleum product, both nationally and internationally, the King can give order or permission to that stockpile after this forskrifta to takast in the use of the storage charge to the extent that is required with omsyn to the current situation.
In the situasjonar where the International Energy Agency (IEA) to ask about medverke to Noreg ein IEA-coordinated crisis plan can handterings the oil and Energy Ministry in consultation with foreign affairs issue an order that the stockpile after this forskrifta will be in use in the tekne the extent and scope that are required with omsyn to the current situation.
If an order under subsection causes economic loss, the State is liable in accordance with the alminnelege rettsgrunnsetningar. Replacement can still not krevjast to the extent that the expenses can dekkjast in innkalkulering in vedkommande product price, if not so innkalkulering do not want to make competition the situation less favourable for the one who gets an injunction targeting, to other occasions in the same industry.
The storage charge will be within the realm of reasonable time after the forsyninga of the petroleum and petroleum product is normalized byggje up the stockpile in the same extent as before the imposition of or permissions to use our vedteke.

§ 12. The supervision Ministry oversees that føresegnene in this forskrifta is haldne. The Ministry may delegate to supervise myndigheita to other statlege body.

section 13. Auditing and control Ministry can krevje that anyone who has the storage duty after this forskrifta or as lagrar petroleum product on behalf of an or several storage obliged, they provide illumination ane needed to locate the Department make sure that føresegnene in forskrifta is haldne. The same debt all that lagrar the petroleum product for ein as the storage required by legislation in the country, Norwegian anna if Governments have entered into such an agreement as nemnt in section 9.

The Ministry can krevje access to inventory as stated in section 8 to carry out the control of the storage plikta is halden.

section 14. Delegation the Ministry may utferde dei regulations and give dei pålegga that are required to carry out this forskrifta.

section 15. Exemption the Ministry may upon application from the storage charge in særlege case dispensers from føresegner given in or in the medhald of this forskrifta.

section 16. Fee by brot By brot on føresegnene in section 2, section 4, section 6, section 10 and section 11 can føretak be required overtredingsgebyr. The Ministry is to take the omsyn to the choir and choir is grossly brotet long as the delivery charge have brote føresegna when fee host control. The fee shall not exceed $ 10 million per decision.
The deadline to pay the fee are 4 Wicks from the decision lasted fatta.

§ 17. Iverksetjing Forskrifta debt from 2. September 2006.

Comments to some to section of the føresegnene 2 § 2 the first paragraph: the Ministry has chosen løysing here the same as in Denmark. Storage plikta lie on the verksemder that imports to the country or Noreg pictures storage obliged product. Verksemder that only stands for saddle of the storage charge product, but not inside import or produce such, is not imposed on the storage duty. By calculation you want of the choir far as it is imported or produced as abundant storage product that involves mandatory that the storage requirements for a verksemd, it will be avgjerande if the total imports and/or production of storage obliged product overstig 10,000 m ³. By utrekninga to the gjerast the same frådrag as stated in section 5.
Føresegna in the second period to ensure that no new importørar or producers pander themselves from the storage duty or that verksemder host embedded at the end of the year for storage so to appear under the name att anna the next lagerår. The Agency must first consider the choir far as the storage duty lie lead, cf. § 10 the second paragraph. 
§ 2 the second paragraph: the purpose of this føresegna is to prevent that agency hosting splitta up in several smaller føretak that each import or produce product in storage size by virtue of your order less than 10,000 m ³. By timings of the choir far as it straddles lead a group will lovgivinga around the stock and public limited company be added to reason.

To section 4 section 4 first paragraph: Føresegna inneber that the storage to the obliged willow and consume storage obliged product for at least 20 days without any supply of new product. By utrekninga of consumption in 20 days to an average normal consumption, calculated on the basis of room and/or consumption in føregåande lagerår not be paved to reason. Føresegna must tolkast with dei delimitation ane as is the second paragraph of section 6. 
§ 4 the second paragraph: Føresegna to, as føresegna in section 2 the first paragraph other period, ensure that no new importørar or producers pander themselves from the storage duty or that verksemder host embedded at the end of the year for storage, so to appear under the name att anna the next lagerår.

To § 5 section 5 first paragraph, LITRA a) Example: A produces a thrill 10,000 m ³ A import thrill 5,000 m ³ A buyer of annan storage required 25,000 m ³ Total 40,000 m ³ of this is A storage required for 15,000 m ³ § 5 first paragraph, LITRA b) this will be about small volume and should, therefore, not medreknast, on the same way as producers and importørar that produce or import volume under 10,000 m ³ is unnatekne from the storage plikta , jf. § 2. 
section 5 first paragraph, LITRA d) with the ship in the ship that utanriksfart meint seglar is between Norwegian harbour of refueling there happens and utanlandsk Harbour. 
§ 5 the second paragraph: example: A produces a thrill 10,000 m ³ A import thrill 10,000 m ³ A buyer of annan storage required 30,000 m ³ Total 50,000 m ³ Here is basically the storage required for the 20,000 m ³.
Of this total volume host 10,000 m ³ selt to Defense leadership. You can make in A frådrag dei storage obliged voluma for 2/5 x 10,000 m ³ = 4,000 m ³.
A is the storage required for the 16,000 m ³.
If A can document that all of the dei is voluma selde to defense controlled power came from dei, he imported voluma can make fully frådrag for the which voluma. A is the storage required for the 10,000 m ³. 
section 5, third paragraph: This gives føresegna the storage required the manufacturer occasions to trekkje from volume that is on such a way selde ein that they basically do not give frådragsrett by calculation you want inventory duty, if these voluma is selde cont on a such a way that they give frådragsrett. Kjøparen seljaren informs about choir abundant it amassed the volume that will not be subject to storage after føresegna here, but unable to state whether the kven voluma will be sold commercially to cont. Documentation for the vidaresal or consumption as here nemnt to sendast to the oil and Energy Ministry. It is kjøparen that are required to submit this information. 
Example: A is the manufacturer and seals 20,000 m ³ to b. of which voluma seals B 10,000 m ³ to ship in utanriksfart. These had voluma B might trekkje from, if B was the storage required.
B informs A about that 10,000 m ³ not want utløyse the storage duty. A will you could trekkje from which utrekninga voluma of si by the storage duty. B submit the documentation for vidaresalet for ships in the utanriksfart to the oil and Energy Ministry.
There is antitetisk of føresegna that the volume the amount of to ward to or consumption in petroleumsverksemd on the Norwegian continental shelf not gives the right to the frådrag at the utrekninga of the storage charge the product.

To § 6 section 6, first paragraph: warehouse storage required have access to through, for example, leigeavtale is the omfatta of føresegna. Opprekninga over stock option is not uttømmande. What makes that is not included is of § 7. Tank plant in tilknyting to the installasjonar on the continental shelf, territorial utanfor farvatnet, is not and is stored in the volume Noreg here can not be included in the performance of the storage plikta. 
section 6, second paragraph: Føresegna means that warehouse the duty for the product in a category can erstattast of product in ein annan category with up to 60 percent. I.e., that have a duty to carry the inventory with 1000 m 1000 m ³ ³ petrol and diesel, can create plikta oppfyllast by to carry stock of 400 m and 1600 m ³ ³ petrol diesel. 
§ 6 the third and fourth paragraph: Føresegna inneber that the ein can replace not eg. warehouse duty for petrol litres of crude oil for the liter. If there is to be only petrol lagrast, 40 percent of the volume erstattast of crude oil. About the inventory plikta is 1000 m ³ petrol can until 400 m ³ erstattast with crude oil, but it should då haldast ³ 2000 m of crude oil for this to be able to replace gasoline.
About crude oil in addition to replace a storage obligation for diesel on the 1000 m ³, up to 400 m ³ diesel erstattast. It must then being haldast 800 m ³ crude oil. You can get both a gasoline and diesel fuel from crude oil, crude oil, the Sámi voluma dei go to substitute for both diesel and gasoline. 
§ 6 the fifth paragraph: Føresegna inneber that the product in all three of these compos can erstattast of komponentar. The second and third periods means that it can not givast frådrag for larger volume than the maximum can forward style load of dei available component options. If there is little or no volume available of a component it can not givast frådrag for more than what voluma of the eine component is allowing. Manglar this component entirely, it can not givast frådrag at a total of teke, although it is available large volume of dei other component ane.

To section 7 section 7 letter a) With this is crude oil and condensate meint that enno is in the reservoir below the sea botnen. 
section 7 letter b) with detail als facility is first and foremost meint bensinstasjonar, but other detail facility for als marinas fritidsbåtar will also fall under this føresegna. 
section 7 letter c) Volume of the storage charge product that are saved after this forskrifta, and volume stored on behalf of the Government to exercise the defense to various purposes. The volume stored on behalf of defence Government can so not with telje by utrekninga of true stock duty. Føresegna blends in with the frådraget under section 5 of volume selde to Defense leadership. 
section 7 letter d) this is the ship that seglar between foreign hamner, or between a Norwegian hamn and hamner abroad.

To section 8 With dei delimitation ane that is of the second sentence, it is up to the partane in the individual avtala to arrive at the specific innhaldet of it.
Føresegna later re-apply for storage of too common storage obliged product through a company or organization's possession, in the same way as the Association Danish Olieberedskapslagre (FDO) medverkar to fulfill storage plikta in Denmark.

To section 9 section 9 first paragraph first sentence: it is at the moment not entered into something so bilateral agreement between Noreg and other countries about the emergency storage. The Ministry of petroleum and energy in cooperation with Foreign Affairs will take the initiative to enter into such agreements with the relevant countries. 
section 9 first paragraph second sentence: by the timings of the givast consent to that more than 20 percent of the stock plikta can oppfyllast in a country it will anna. be added weight on the choir almost store is geographically, Noreg what kind opportunity to transport that straddles the lead to get to bringa Norwegian Noreg produkta and annotate similar, in what degree produkta that is saved is adjusted to the Norwegian market and what right the storage charge has to produkta. 
section 9 subsection third sentence: the consent from the Ministry for storage abroad will. depend on what kind deal about saving a consent to want and that contingency purposes host in good enough sikra degree.

To section 11 section 11 the second paragraph:

Føresegna inneber no change in statleg policy when the debt to make use of the emergency response volume. The difference is that with the new storage ordninga obliged get order or permission for the use of volume, while the earlier was the State that adopted the habit when reser their was news. In the situasjonar where the international energy agency contributions to ask about Noreg ein crisis handterings plan require this van leg show a fast avgjerd. Hound to adopt moves in the stockpile as host delegated to the verkemiddel therefore, the oil and Energy Ministry after konsultasjonar with Foreign Affairs. The Ministry of petroleum and energy and Foreign Affairs avgjer about to medverke crisis Noreg to handterings the plan, while the Ministry of petroleum and energy avgjer what kind actions to be setjast in the works.

To section 15 section 15 first paragraph: Occasions to dispensation is thought constrained to dei situation ane tungtvegande tilseier where omsyn that exemption to givast. The Ministry has set up særleg for that dispensation can givast in a transition phase where selskapa byggjer up contingency saved their, and continuing for the company that is in a start-up phase. It may also be applicable to dispense from the forskrifta in the event of mellombels problem of different character. Example, Ovannemnde is not uttømmande. The Ministry will consider the single concrete each application.