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Order Eit/1790/2014, On 1 October, By Which Modify The Quotas Of The Corporation's Strategic Reserves Of Petroleum Products For The Year 2014.

Original Language Title: Orden IET/1790/2014, de 1 de octubre, por la que se modifican las cuotas de la Corporación de Reservas Estratégicas de Productos Petrolíferos correspondientes al ejercicio 2014.

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TEXT

Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the Corporation of Strategic Reserves of Petroleum Products, as amended by Royal Decree 1766/2007 of 28 December, establishes in its Articles 25 and 26 that, by order of the Ministry of Industry, Energy and Tourism, the unit quotas per group of products will be established which, per metric tonne or cubic metre sold or consumed, and to be paid in proportion to the days of strategic stocks, or in their case of minimum security stocks, maintained by CORES, shall satisfy the Corporation the subjects required to maintain minimum security stocks of petroleum products, as well as quotas which, depending on their participation in the market, will have to satisfy the Corporation annually the subjects required to maintain minimum safety stocks of liquefied petroleum gases and natural gas, and to diversify the supply of natural gas.

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 the other activities of the Corporation, and also those for the establishment and maintenance of minimum security stocks corresponding to the required subjects referred to in the preceding paragraph.

December 31, 2013 was published in the "Official State Gazette" Order IET/2459/2013 of December 26, approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2014.

During the year 2014 there have been significant variations in some of the assumptions considered in the Corporation's Budget for 2014, which was taken as the basis for the approval of the 2014 quotas. Order.

On the one hand, the evolution of sales over the course of this year has shown a more favorable performance than expected in the scenario of continued decline of the last financial years, and, on the other hand, the current economic situation. International economic development has favoured the downward evolution of interest rates and financial margins.

These changes in the economic environment, linked to the decisions taken by the Corporation, and in particular to the optimization of its financing lines and instruments, and the cost of maintaining reserves, have generated a significant reduction in budgeted costs.

As a result of all of the above, there has been an excess of collection in relation to the cost of the activities, which makes the modification to the reduction of the quotas that corresponds to CORES during 2014, applicable to sales or consumption as of September 2014, including, with the exception of those for liquefied petroleum gases and natural gas which remain unchanged.

This reduction of the quotas that is payable to the Corporation from October 2014 is intended to adjust the same to the reality of the markets in periods inferior to the calendar year, thus favoring a better translation of the costs of the system to the interveners in the system, with the consequent benefit to the consumer.

Once the modification of the quotas approved by this order has been made, the weighted effective quota for the year 2014 for the liquid hydrocarbon groups (excluding liquefied petroleum gases) will be located at 0.0966 euros per cubic meter sold or consumed and per day of strategic stocks maintained by the Corporation, in the group of gasoline and self-aviation; 0.0951 euros per cubic meter sold or consumed and per day of stock strategic maintained by the Corporation, in the group of automotive gasoils, other gas oils, Aviation kerosene and other kerosene; and at 0.0945 euros per metric tonne sold or consumed, and per day of stock held by the Corporation, in the group of fuel oils; assuming an average effective quota for all groups of liquid hydrocarbons, with the exception of liquefied petroleum gases, of EUR 0,0953 per cubic metre sold or consumed and per day of strategic stock held by the Corporation.

Received the proposed quota modification for 2014, and after being analyzed and studied by the competent services of the Secretary of State for Energy, I resolve:

First. Amendment of Order IET/2459/2013 of 26 December approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2014.

Order IET/2459/2013 of 26 December, approving the quotas of the Strategic Petroleum Reserve Corporation for the financial year 2014, is hereby amended as follows:

The first paragraph is worded as follows:

" The subjects required to maintain minimum security stocks of petroleum products in accordance with the provisions of Article 25.1 of Royal Decree 1716/2004 of 23 July, regulating the obligation of maintenance of minimum security stocks, diversification of natural gas supply and the corporation of strategic reserves of petroleum products, will pay to the Corporation of Strategic Reserves of Petroleum Products following quotas during the year 2014:

(a) Auto and aviation gasolines: EUR 0,0821 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 0,0810 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(c) Fueloils: EUR 0,0798 per metric tonne sold or consumed, and per day of stock held by the Corporation on behalf of the subject. "

Second.

The first declaration and payment of the approved quotas in this order will be the one to be carried out before 20 October 2014, that is, the one corresponding to the sales or consumption carried out in the month of September 2014.

Third.

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 2015, without prejudice to any adjustments that may be necessary to 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 it, it may be brought before the Court of the Administrative-Administrative Court of the National Court, within a period of 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 for a period of 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, October 1, 2014. -Minister of Industry, Energy and Tourism, P. D. (Order IET/556/2012, March 15), Secretary of State for Energy, Alberto Nadal Belda.