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Order Itc/776/2009, Of 30 March, Which Modifies The Order Itc/1858/2008, 26 June, By Which Updates The System Of Automatic Determination Of Maximum Selling Prices, Pre-Tax, Liquefied Petroleum Gases And...

Original Language Title: Orden ITC/776/2009, de 30 de marzo, por la que se modifica la Orden ITC/1858/2008, de 26 de junio, por la que se actualiza el sistema de determinación automática de precios máximos de venta, antes de impuestos, de los gases licuados del petróleo e...

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TEXT

The fourth transitional provision of Law 34/1998 of 7 October of the hydrocarbon sector empowers the Government to establish maximum sales prices for the public of liquefied petroleum gases, as long as the conditions of competition and competition in this market are not considered sufficient.

With greater precision, article 5.2 of the Royal Decree-Law 15/1999 of 1 October, approving measures of liberalization, structural reform and increased competition in the hydrocarbon sector, provides that the Minister of Industry and Energy, by ministerial order, with the agreement of the Delegation of the Government for Economic Affairs, will establish a system of fixing maximum prices of the liquefied gases of the oil packaged, which conditions of seasonality in the markets.

Royal Decree 1085/1992 of 11 September 1992 on the regulation of the activity of the distribution of liquefied petroleum gases regulates the wholesale and retail marketing activities of LPG and the conditions of supply to final consumers.

Under these legal provisions, Order ITC/1858/2008 of 26 June 2008, which updates the system for the automatic determination of maximum sales prices, before tax, of the liquefied petroleum gases, is in force. packaged oil.

The purpose of this order is to update the marketing costs of liquefied petroleum gases packaged and to establish a formula for the annual review of these costs. This implies the application of the formula for the determination of the marketing costs proposed by the National Energy Commission in its report on the remuneration of the LPG sector in its packaging mode of 22 May of 2008.

According to the 11th additional provision of Law 34/1998 of 7 October, this order has been submitted to a mandatory report of the National Energy Commission for which the arguments have been taken into account. expressed in the process of hearing carried out through the Hydrocarbons Advisory Council.

By agreement of March 26, 2009, the Government's Delegation for Economic Affairs has authorized the Minister of Industry, Tourism and Commerce to issue this order.

Under the agreement of the Government's Delegation for Economic Affairs, I have:

Single item. Amendment of Order ITC/1858/2008 of 26 June 2008 updating the system for the automatic determination of maximum sales prices, before tax, of liquefied petroleum gases packaged.

The fourth paragraph of Order ITC/1858/2008 of 26 June 2008 updating the system of automatic determination of maximum sales prices, before tax, of liquefied petroleum gases, is hereby amended. happens to have the following wording:

" Fourth. Marketing costs.

1. The marketing costs collect all the costs necessary to make the product available to the consumer, including those for the household distribution.

2. The marketing costs shall be updated annually, with effect from 1 July of each year, applying the following formula:

Here are several images in the original. See the official and authentic PDF document.

In which:

Cn = Marketing costs for year n.

cn-1 = Marketing costs for year n-1.

IPCn-1 = December year-on-year change in the Consumer Price Index published by the National Statistics Institute.

PGasoleo n-1 = Variation of the average sales price to the public of automotive diesel of year n-1 in relation to the previous year, according to the Statistical Bulletin of Hydrocarbons published by the Corporation of Reserves Strategic.

ventasn-1 = Year-on-year change in sales of the LPG-packed sector corresponding to year n-1, according to the Statistical Bulletin of Hydrocarbons published by the Strategic Reserves Corporation.

F = Productivity factor to be considered equal to zero.

However, the competent authority of the Autonomous Community of the Canary Islands may establish variations in more or less on the marketing costs established, up to a maximum amount equal to the difference between the taxes passed on to the consumer in the Canary Islands tax system and those applicable in general in the rest of the national territory, on the basis of specific local factors which justify differences in marketing costs. '

First transient disposition. Marketing costs and determination of the maximum selling price, before tax, until the first judgment given in application of this order.

1. The marketing costs are fixed at 0.416469 /kg, as long as it is not amended by resolution of the Director General of Energy Policy and Mines in the first annual review to be carried out with effect from 1 July 2010.

2. From the zero hours of the day of entry into force of this order and as long as it is not modified by resolution of the Director General of Energy Policy and Mines, as provided for in the final disposition of the Order (i) the system of automatic determination of maximum selling prices, before taxes, of liquefied petroleum gases, the maximum selling price, before tax, of application to the public, of 26 June 2008, supplies of liquefied petroleum gases, as defined in the second subparagraph of that order, shall be EUR 0,722288 /kg throughout the national territory, without prejudice to the provisions of paragraph 4 of that order for the Autonomous Community of the Canary Islands.

Second transient disposition. Supplies pending entry into force of this order.

The maximum price resulting from the system application set in this order will be applied to the pending execution supplies on the day of their entry into effect, even if the corresponding orders have a previous date.

For these purposes, pending delivery supplies are those that have not yet been realized or are in the process of being carried out at zero hours on the day of entry into force of the above mentioned maximum price.

Single end disposition. Entry into force.

This order will take effect on April 1, 2009.

Madrid, March 30, 2009. -Minister of Industry, Tourism and Commerce, Miguel Sebastian Gascón.