Order Eit/463/2013, Of 21 March, By Which Updates The System Of Automatic Determination Of Maximum Selling Prices, Before Taxes, Of The Liquefied Petroleum Gases Packaged.

Original Language Title: Orden IET/463/2013, de 21 de marzo, por la que se actualiza el sistema de determinación automática de precios máximos de venta, antes de impuestos, de los gases licuados del petróleo envasados.

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The fourth transitional provision of law 34/1998, of October 7, the hydrocarbon sector, empowers the Government to set maximum wholesale prices to the public of packaged petroleum liquefied gas, insofar as the conditions of competition and competition in this market are not considered sufficient.

Greater specificity, article 5(2) of the Royal Decree-Law 15/1999, of 1 October, laying down measures of liberalization, structural reform and increased competition in the hydrocarbon sector, with the Minister of industry and energy, by ministerial order, consent of the delegate Commission of the Government for Economic Affairs, to establish a system of peak pricing of liquefied petroleum gas packed who treats conditions of seasonality in the markets.

The Royal Decree 1085 / 1992, of 11 September, which approves the regulation of the activity of distribution of liquefied petroleum gas, regulated marketing activities to the wholesale and the retail of the LPG and the conditions of supply to final consumers.

On the basis of these legal provisions, is in effect the order ITC/1858/2008, 26 June, by which updates the system of automatic determination of maximum selling prices, before taxes, of the liquefied petroleum gases packaged, modified by the order ITC/776/2009 of 30 March, which sets a formula for revision for the costs of marketing of the aforementioned system. This order relates to containers with equal or higher than 8 kg load and less than 20 kg, with the exception of containers of mixture for use of oil as fuel liquefied gases.

Article 9 of the Royal Decree-Law 29/2012, of 28 December, on improvement of management and social protection in the special scheme for employees at home and other economic and social measures, froze the maximum price of sale, before taxes, of liquefied petroleum gases packaged, defined in second order ITC/1858/2008 26 June from January 1, 2013 until next quarterly release planned for March 1, 2013.

During this period of time the Ministry of industry, energy and tourism, had to approve a new formula of pricing of liquefied petroleum gases regulated packaged that conciliate properly encouraging competition and compensating elements referred to in the judgment of the room third from the Court Supreme of June 19, 2012, by which declares null and void the order ITC/2608/2009 , 28 September, which modifies the order ITC/1858/2008 of 26 June.

The purpose of this order is to update system of automatic determination of the maximum wholesale prices before taxes of the liquefied petroleum gases packaged by introducing three developments with respect to the regulations in force.

On the one hand, modifies the formula for the determination of the maximum sale prices before taxes, establishing his bimonthly update. The high variability in the prices of raw materials and freight in international markets, whose quotes come from sources that are limited in number and as a result of the operations, advise, for the consumption of marked social character, as the case of liquefied petroleum gases regulated in this order, is search formulas that guarantee a stability in prices. For this reason bi-monthly variations are limited to 5 per cent, both upward and downward.

Also, to ensure the economic sustainability of the sector, a term of recovery of imbalances produced in previous price updates is included in the formula for the determination of the maximum sale price.

On the other hand, marketing of the aforementioned system costs are updated by the present order and sets a new formula for the annual review of these costs. With the same objective of achieving the best possible stability in prices, by way of exception, cited increased marketing costs is distributed throughout the year 2013.

Finally, expands enabling the competent authority of the autonomous region of Canary Islands, to the competent authority of the cities of Ceuta and Melilla, to adjust the costs of marketing based on specific factors given its geographical location, up to one amount maximum equivalent to the difference between the taxes attributable to the consumer in the taxation of those territories and the applicable generally in the rest of the national territory.

According to the available additional eleventh of the law 34/1998, of October 7, this order has been subjected to mandatory report of the National Commission of energy for which have taken into account the allegations made in the hearing process carried out through the Consultative Council of hydrocarbons.

By agreement of 21 March 2013, the Government representative Commission for Economic Affairs has authorized the Minister of industry, energy and tourism to issue this order.

By virtue, prior agreement of the delegate of the Government Commission for Economic Affairs, I have: first. Object.

It is the subject of this order: to) the update of the system of automatic determination of maximum sales before taxes of the liquefied petroleum gases packaged prices.

(b) the updating of marketing costs of the aforementioned system by 2013, as well as the formula for its annual update.

(c) enabling the competent authorities of the cities of Ceuta and Melilla to adjust marketing costs of the system of automatic determination of the maximum sale prices, before taxes, of liquefied gases packaged according to specific local factors.

Second. Scope of application.

The system of determination of maximum retail prices, before taxes, established in this order shall apply to liquefied gases of oil packaged in containers with load to 8 kg and less than 20 kg, with the exception of containers of mixture for use of oil as fuel liquefied gases.

Third party. Formula for the determination of maximum prices before taxes.

1 the maximum retail prices to the public, before taxes, of liquefied petroleum gases packaged for the two months 'b' referred to in paragraph two of this order, shall be determined as follows: to) if the difference between the price without taxes theoretical to applied a quarter (PSIbt) is increased to 5 per cent upward or downward price applied the previous bimester (PSIb-1) , the price without taxes applied (PSIb) is that of the previous two months increased or decreased by 5 per cent as appropriate.

(b) if the difference between the price without taxes theoretical to applied a quarter (PSIbt) is reduced to 5 per cent upward or downward, price applied two months earlier (PSIb-1), the price without taxes applied (PSIb) is equal to the theoretical to applied (PSIbt).

Here a picture appears in the original. See the PDF document official and authentic.

Where: PSIb = maximum price without taxes in euro/kg of two months «b».

PSIbt = maximum price without tax theoretician in euro/kg of two months «b» to be obtained with the formula: here an image appears in the original. See the PDF document official and authentic.

b = each of the two-month periods of the year, made up the months «n» and «n + 1».

n = each of the months of the year.

2. the term CMPb, corresponding to the cost of the raw material two months «b», shall be calculated according to the following formula: here an image appears in the original. See the PDF document official and authentic.

Being: Cbut, i = average of the quote, the month i, and butane FOB North Sea (North Sea Index Argus) FOB Saudi Arabia (Contract Price S. Arabia) butane, in dollars per tonne.

Cpro, i = average of the quote, the month i, FOB North Sea (North Sea Index Argus) propane and propane FOB Saudi Arabia (Contract Price S. Arabia), in dollars per tonne.

FJ = freight means corresponding to the month «j», the path Arabian Gulf-Med for ships of 56,000-84,000 cubic meters, published in the «Poten & Partners», in dollars per ton.

em = monthly average of the dollar/euro exchange published by the European Central Bank for the months n-1 and n-2.

3. the term CCb are the two months 'b' marketing costs and shall be calculated in accordance with article 4 of this order.

4. "Xb-1" is the term corresponding to the mismatch of two months "b-1" and shall be obtained in accordance with the expression described below: here an image appears in the original. See the PDF document official and authentic.

Where: Db-1 = unitary mismatch of two months "b-1" obtained as a difference between the price without tax theoretician and the actually applied...

Here a picture appears in the original. See the PDF document official and authentic.

Qb-1 = bimonthly weighting by amount of two months 'b-1' result from dividing the average consumption of two months between the bi-monthly consumption. It will take the following values: Qb two months month January.





1 February-1.36.






March.





2





1,11






Abril.






May.





3





0,79






Junio.






July.





4





0,73






Agosto.







September.





5 0.77 October.






November.





6 December-1.24.





5 maximum wholesale prices to the public will be reviewed on a bimonthly basis and will produce effects from the second Tuesday of each month, from the first revision that is made with effect from March 12, 2013.

Room. Marketing costs.

1. the costs of marketing includes all costs necessary to make the product available to consumers, including those corresponding to the House cast.

2. marketing costs will be updated annually, in the revision of prices corresponding to the month of July of each year, by applying the following formula: here an image appears in the original. See the PDF document official and authentic.

Where: a = C. update calendar year

CCa = costs of commercialization of the year 'a' (entered into force on 1 July of the year to).

CCa-1 = costs of commercialization of the year "a-1" (entered into force on 1 July of the year a-1).

∆IS = mean rate of the consumer price index at constant taxes without unprocessed food and energy products of the year 'a-1', published by the National Institute of statistics.

∆pgasoleo = variation of the average sales price to the public of diesel fuel of automobile of the year n-1 in relation to the year before, according to the statistical bulletin of hydrocarbons, published by the Corporation's strategic reserves of petroleum products (CORES).

To = specific weight of the variable costs related to the evolution of the average of the consumer price index at constant taxes without unprocessed food and energy products of the year, to be considered equal to 0.47.

B = specific weight of the variable costs related to the evolution of the price of heating oil from automotive, to be considered equal to 0.06.

D = specific gravity of the fixed costs associated with the evolution of the average rate of the TOC without fresh food and energy products, to be considered equal to 0.27.

∆Ventas = interannual variation in the sales of bottled LPG for the year to-1, according to the statistical bulletin on Corporation hydrocarbons of strategic reserves of petroleum products (CORES).

Fe = Factor of efficiency to be considered equal to 0%.

3. However, the competent authorities of the autonomous community of the Canary Islands and the cities of Ceuta and Melilla, may provide variations in more or less on marketing costs established, up to a maximum amount equal to the difference between the taxes attributable to the consumer in the fiscal regime of the Canary Islands, Ceuta and Melilla respectively, and those applicable generally in the rest of the national territory , depending on specific local factors justifying differences in marketing costs.

Fifth. Impact of taxes.

Maximum prices determined as set out in paragraphs third and fourth of this order do not include the taxes attributable to the consumer. The impact of these taxes shall be effected pursuant to the provisions of the tax legislation.

Sole additional provision. Discount applied in shops and service stations.

In application as provided in article 6.2 of the Royal Decree-Law 15/1999, of 1 October, laying down measures of liberalization, structural reform and increased competition in the hydrocarbon sector, to containers that are sold in shops and service stations will be application the maximum price set in this order.

First transitional provision. Updating during the year 2013 of marketing costs.

A) the costs of marketing will have the following values depending on the month in which are applicable: update costs of marketing (€/ Kg) Mar-13 0,453226 May-13 0,461604 Jul-13 0,469982 Sep-13 0,478359 Nov-13 0,486737 B) update of the month of November 2013 marketing costs will remain in force, as as soon as are not modified by a decision of the Director-General of energy and mines in the first review annual that takes place with effect from July 2014, as provided for in the fourth paragraph of this order.

Second transitional provision. Time limit of the maximum price before taxes.

Until the review foreseen in March 2014, the maximum price without taxes in euro/kg of two months «b» (PSIb) defined in the third paragraph of this order, may not exceed 1,142025 euros/kg throughout the national territory, without prejudice to the provisions of the fourth paragraph to the autonomous community of the Canary Islands and the cities of Ceuta and Melilla.

Where application of the formula prepared in the third section of this order, the maximum price without taxes in euro/kg of two months «b» exceeds that amount, it will generate an additional imbalance that must be recovered in successive price updates.

So, the term "b-1" mismatch will have two components.

Here a picture appears in the original. See the PDF document official and authentic.

DB-1A = additional unit mismatch of two months "b-1" obtained as a difference between the maximum price without taxes (PSIbA) and the maximum price without taxes actually applied.

Here a picture appears in the original. See the PDF document official and authentic.

PSIbA = maximum price without taxes really applied the term 'b' will be, as maximum, equal to 1,142025 euros/kg until the revision corresponding to the month of March 2014.

Here a picture appears in the original. See the PDF document official and authentic.

Third transitional provision. Determination of the maximum price of sale, before taxes, to the first ruling on the application of this order.

Since zero o'clock on the day of entry into force of this ministerial order to zero o'clock on May 14 of that year, the maximum sale price, before taxes, from application to supplies of liquefied petroleum gases packaged, defined in the second paragraph of this order will be 1,117731 euros/kg in all the national territory , without prejudice to the provisions of the fourth paragraph to the autonomous community of the Canary Islands and the cities of Ceuta and Melilla.

In addition, the mismatch of the first two months of 2013 (Xb-1) takes the value of 0,188422 €/ Kg.

Sole repeal provision. Repeal legislation.

1 are repealed the following provisions: to) the order ITC/1858/2008, 26 June, by which updates the system of automatic determination of maximum selling prices, before taxes, of the liquefied petroleum gases packaged.

b) the 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, before taxes, of the liquefied petroleum gases packaged.

2. in addition, they are hereby repealed many provisions of equal or lower rank to oppose provisions of this order.

First final provision. Implementation of the system established in the order.

The Director-General for energy and mines, the Ministry of industry, energy and tourism, will carry out the calculations required for the implementation of the system established in this order and shall adopt the corresponding resolutions for the determination of costs of marketing and the maximum prices of sale, before taxes, of liquefied gases from oil, in the form packaging, to be published in the «Official Gazette».

Second final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 21 March 2013.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

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