Order Eit/2839/2015, Of 23 December, Which Approve The Shares Of The Corporation's Strategic Reserves Of Petroleum Products For The Year 2016.

Original Language Title: Orden IET/2839/2015, de 23 de diciembre, por la que se aprueban las cuotas de la Corporación de Reservas Estratégicas de Productos Petrolíferos correspondientes al ejercicio 2016.

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In accordance with the law 34/1998, of October 7, the hydrocarbons Sector, the strategic reserves of petroleum products Corporation, CORES, it aims the acquisition, Constitution, maintenance, monitoring and management of the reserves of hydrocarbons in the terms established by law and holds the status of central body of storage for the purposes of the directive 2009/119/EC September 14, 2009, which is requires the Member States to maintain a minimum level of reserves of crude oil or petroleum products.

This regulatory development is contained in the Royal Decree 1716 / 2004, 23 July, which regulates the obligation of keeping stocks minimum security, diversification of gas supply and the Corporation's strategic reserves of petroleum products, in the wording given by the Royal Decree 985/2015, 30 October.

Article 25 of the referred decree determines the concepts by which the obligors must contribute to sustaining of CORES. In particular, unit fees are set by group of petroleum products, namely gasoline, diesel, kerosene, fuel oils and, in certain cases, liquefied petroleum gas, which must satisfy the obligors to its maintenance. Also, establishing quotas that depending on their participation in the market, will meet annually to CORES, the subjects bound to maintain minimum stocks of safety of liquefied gases from oil and natural gas, and diversify the supply of natural gas. For its part, article 26 of the Royal Decree 1716 / 2004, 23 July, points out that the Minister of industry, energy and tourism will approve fees for each calendar year, prior preparation on the part of CORES of a comprehensive proposal for the budget of income and expenditure.

These quotas are intended to finance the costs provided by the Corporation, especially those that generate the Constitution, storage and conservation of stocks of each group of petroleum products, the activities of the Corporation relating to liquefied petroleum gas and natural gas, as well as the cost of the other activities that article 52 of the law 34/1998 strategic 7 October, assigns to it.

View the proposal for quotas for the calendar year 2016 sent by CORES, as well as the comprehensive budget of revenue and expenditure provided for this exercise, I resolve: first.

Subjects bound to maintain minimum stocks of petroleum products security be paid, to the Corporation's strategic reserves of petroleum products, the following fees during the year 2016: a) gasolines auto and aviation: 0,0839 euros per cubic meter sold or consumed, and by day of inventory maintained by the Corporation on behalf of the obligated subject.

(b) automotive diesel and other fuel oils, aviation kerosene other kerosene: 0,0825 euros per cubic meter sold or consumed, and by day of inventory maintained by the Corporation on behalf of the obligated subject.

(c) fuel oils: 0,0825 euro per metric tonne sold or consumed, per day of inventory maintained by the Corporation on behalf of the obligated subject.

Second.

Subjects bound to maintain safety of liquefied gases from oil, and the required minimum stock to maintain minimum safety stock of natural gas and to the diversification of the supply of natural gas, be paid to the Corporation's strategic reserves of petroleum products the following fees by 2016: a) liquefied petroleum Gases: 0.09 euros per metric tonne sold or consumed.

(b) natural gas: 4.98 euros per gigawatt hour of sales or consumption strong.

Third party.

Obligors referred in the previous first and second paragraphs, be paid to the Corporation the resulting amount in the form, time limits and according to the forms approved by the order ITC/18/2005, of 10 January, by which approve quotas of the Corporation's strategic reserves of petroleum products for the financial year 2005, and by the order ITC/1377/2009 , may 27, by which modify the quotas of the Corporation's strategic reserves of petroleum products for the financial year 2009.

Room.

The first statement and payment of contributions approved in this order in the first paragraph, shall be for sales or consumption in the month of December 2015.

In the case of the obligors referred to in the second paragraph, the first statement summary annual and payment of contributions approved in this order will correspond to sales or consumption by them during the year 2016.

Fifth.

This order will produce effects from the day following its publication in the «official bulletin of the State» until the approval of the contributions for the year 2017, without prejudice to adjustments which, at that time, necessary to practice in declarations and payment of dues.

This order exhausted the administrative channels, pursuant to article 109 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in relation to the additional provision of law 6/1997, of 14 April, 15th of organization and functioning of the General Administration of the State. It may be brought against contentious-administrative appeal before the Chamber of administrative litigation of the Audiencia Nacional, within the period of two months, counting from the day following the notification of the present order, in accordance with the law 29/1998, of 13 July, regulating the contentious jurisdiction.

Also, without prejudice to the foregoing, this order may be appealed optionally replacement before the Minister of industry, energy and tourism, in within a month, counted from the day following its notification, in accordance with articles 116 and 117 of the law 30/1992, of 26 November. In such a case, not it may bring contentious-administrative appeal until the appeal is resolved expressly or there is the alleged dismissal of the same.

Madrid, 23 December 2015.-the Minister of industry, energy and tourism, P.D. (order EIT/556/2012 of 15 March), the Secretary of State for energy, Alberto Nadal Belda.