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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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TEXT

According to Law 34/1998, of 7 October, of the Hydrocarbons Sector, the Corporation of Strategic Petroleum Products, CORES, aims to acquire, build, maintain, monitor and manage of the hydrocarbon reserves in the terms laid down in regulation and holds the status of a central storage entity for the purposes of Council Directive 2009 /119/EC of 14 September 2009 obliging the Member States to maintain a minimum level of stocks of crude oil or products oil.

This regulatory development is contained in Royal Decree 1716/2004 of 23 July, which regulates the obligation to maintain minimum stocks of security, the diversification of natural gas supply and the Corporation of Strategic Petroleum Products Reserves, in the wording given by Royal Decree 985/2015 of 30 October.

Article 25 of the aforementioned royal decree determines the concepts by which the obligated subjects should contribute to the maintenance of CORES. In particular, unit quotas for petroleum products are established, namely, gas oils, gas oils, kerosene, fuel oils and, in certain cases, liquefied petroleum gases, which must be met by the subjects required to maintain them. In addition, quotas are established which, depending on their participation in the market, will have to satisfy CORES annually, the subjects required to maintain minimum stocks of safety of liquefied petroleum gases and natural gas, and diversify the supply of natural gas. For its part, Article 26 of Royal Decree 1716/2004, of 23 July, states that the Minister of Industry, Energy and Tourism will approve the quotas for each calendar year, after drawing up by CORES of a comprehensive proposal of the budget of revenue and expenditure.

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

View the proposal of quotas for the calendar year 2016 submitted by CORES, as well as the comprehensive budget of revenue and expenditure foreseen for that financial year, determined:

First.

The subjects required to maintain minimum security stocks of petroleum products will pay, to the Corporation for Strategic Petroleum Products Reserves, the following quotas during the year 2016:

(a) Auto and aviation gasolines: EUR 0,0839 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(b) Automotive gasoils, other gasoils, aviation kerosene and other kerosene: EUR 0,0825 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(c) Fueloils: EUR 0,0825 per metric tonne sold or consumed, and per day of stock held by the Corporation on behalf of the obligated subject.

Second.

The subjects required to maintain minimum security stocks of liquefied petroleum gases, and those required to maintain minimum stocks of natural gas security and to diversify the supply of natural gas, will pay to the Corporation of Strategic Petroleum Products Reserves the following quotas for the year 2016:

a) liquefied petroleum gases: EUR 0.09 per metric tonne sold or consumed.

b) Natural gas: 4,98 euros per gigawatt hour of sales or firm consumption.

Third.

The bound subjects referred to in the first and second paragraphs shall pay the Corporation the resulting amount in the form, instalments and in accordance with the forms approved by Order ITC/18/2005, of 10 January, by the The quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2005, and the Order ITC/1377/2009 of 27 May, amending the quotas of the Corporation for Strategic Reserves, are approved. Petroleum Products for the financial year 2009.

Fourth.

The first declaration and payment of the quotas approved in this order in the first paragraph shall correspond to the sales or consumption made in the month of December 2015.

In the case of the required subjects mentioned in the second paragraph, the first annual summary declaration and payment of the approved quotas in this order shall correspond to the sales or consumption by them carried out during the year 2016.

Fifth.

This order shall have effect from the day following that of its publication in the "Official State Gazette" until the approval of the quotas for the year 2017, without prejudice to the adjustments which, at that time, It is necessary to practice in the declarations and payment of the quotas.

This order exhausts the administrative route, as provided for in Article 109 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Relationship with the additional 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. Against the same, it may be brought before the Administrative-Administrative Board of the National Court, within two months, from the day following that of the notification of this order, compliance with Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

Likewise, without prejudice to the foregoing, this order may be appealed to the Minister of Industry, Energy and Tourism, within one month, from the day following that of his notification, in accordance with the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November 1992. In such a case, the administrative-administrative appeal may not be brought until the replacement appeal is expressly resolved or the presumed dismissal of the remedy occurs.

Madrid, December 23, 2015. -Minister of Industry, Energy and Tourism, P.D. (Order IET/556/2012, March 15), Secretary of State for Energy Alberto Nadal Belda.