Royal Decree-Law 8/1981, Dated April 24, Creation Of The National Institute Of Hydrocarbons.

Original Language Title: Real Decreto-ley 8/1981, de 24 de abril, de creación del Instituto Nacional de Hidrocarburos.

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The energy crisis has given a singular economic importance to the hydrocarbon Sector and management, in it, in the interests of the State, whose administrative dispersion has not favored so far necessary public company in the implementation of the Government's energy policy coherence and effectiveness.

This situation is covered by the national energy Plan that proposes a better coordination of public sector enterprise.

It advises grouping State investments in the hydrocarbon Sector in an entity of public law, the National Institute of hydrocarbons, that is created by this provision.

Regularization is complete with the attribution to the Ministry of industry and energy, which will depend on the new entity's skills directly related to energy policy, while retaining the Finance Ministry which refer to the fiscal management of the petroleum monopoly.

These measures do not affect the functions of a public nature in relation to the sector corresponding to the Government, and who remain with the same transparency and equity to state-owned enterprises and private.

It seems, finally needed the new organization can immediately enter into force to avoid interim situations.

By virtue, after deliberation by the Council of Ministers at its meeting of the day twenty-fourth day of April one thousand nine hundred eighty and one and in the use of the authorisation contained in the eighty six article of the Constitution, I have: first article.

Created the National Institute of hydrocarbons that will take consideration of entity of public law provided for in article seis-uno - b of the General budget law, and shall be governed by the present Royal Decree-Law and other applicable provisions.

Second article.

The National Institute of hydrocarbons coordinate, in accordance with the guidelines of the Government, the business activities of the public sector in the area of hydrocarbons. It will also be the Institute any business initiative that promotes the public sector in this field.

Third article.

It is attributed generally to the National Institute of hydrocarbons ownership of assets and participations belonging to the State and other State bodies in the area of hydrocarbons, as well as the management of such participations, in terms which result from the following items.

Fourth article.

The Heritage Foundation of the National Institute of hydrocarbons will be integrated by: to) an initial 300 million pesetas endowment.

(b) the actions and rights belonging to the State in the «company Iberian refinery's Petrolos, S. a..» (PETROLIBER) and «Petroleos Hispanica"(HISPANOIL).

(c) the actions and rights belonging to the State and the Bank of Spain at the «company resident of the monopoly in Petroleos, S. a..» (CAMPSA).

(d) the actions and rights that currently belong to the National Institute of industry in the «company national of the oils, S. a..» (ENPETROL), «Oil, S. a. Hispanica.» (HISPANOIL), «National company of research and exploitation of petroleum, S. a..» (ENIEPSA), «National Gas, S. a. enterprise.» (ENAGAS) and «Butane, S. a..».

(e) the properties and rights of the State affected to the petroleum monopoly that not a part, come or will be earmarked for the distribution system.

Fifth article.

The National Institute of hydrocarbons is attached to the Ministry of industry and energy.

Article six.

The governing bodies of the National Institute of hydrocarbons are: a) the Board of Directors that direct the actions of the National Institute of hydrocarbons within the framework of the hydrocarbons policy designated by the Government, raise proposals for events that require the approval of the State administration and control the management of the companies of the Institute shall be responsible.

b) the President, who will hold the legal representation of the Institute and shall exercise the powers delegated by the Board of Directors.

(c) the Vice President, who shall assist the President and replace him in cases of vacancy, absence or illness.

(d) the Executive Committee, the composition and delegated certifying the Council).

Seventh article.

One. The Board of Directors will be composed by: a) the President and the Vice President.

b) eight councillors representing the administration.

(c) four directors appointed among people who have recognized competence and experience in the field of economics or the company.

Two. The directors shall be appointed by the Government, on the proposal of the Minister of industry and energy.

Eighth article.

The President and the Vice-President shall be appointed by Royal Decree, on a proposal from the Minister of industry and energy, between those who have recognized competence and experience in the field of economics or the company.

The President will have a duration of four years, at the end of which it may be renewed. The EESC only in advance may be agreed by the Government resignation holder or under duly justified in the form determined by law.

The performance of the offices of President and Vice President will be incompatible with the exercise of any professional, commercial or public activity outside the scope of the Institute and its subsidiaries.

Article nine.

For the fulfilment of its purposes, the National Institute of hydrocarbons can perform all sorts of acts of management and disposal, as well as many commercial and industrial activities are related to the same, without more limitations than those established in the present Royal Decree-Law and other laws that may be applicable.

Staff who use the National Institute of hydrocarbons for the performance of their duties shall be governed by the rules of labour law. When such personnel meet the status of public official you can be in situation of supernumerary in his body of origin.

Contracts for the National Institute of hydrocarbons shall be governed by the rules of private law.

The budget and control regime is the result of consideration of State-owned company that attributed the first article of the present Royal Decree-law to the National Institute of hydrocarbons.

The total amount of benefits, where appropriate, obtain the National Institute of hydrocarbons will enter in the Treasury.

Article ten.

The monopoly of oil is maintained in import, distribution and retailing activities is currently underway.

The investments of the oil monopoly by way of acquisition or amortization may be made only for the purpose of maintenance and development of the network and distribution activities. Its amount will appear annually in items of expenditure of the general budget of the State.

The amount of income of Petroleos will directly enter in the Treasury without that charge to it they can practice more drawdown than those provided for in the legislation in force.

Article eleven.

Corresponds to the Government: one. Set the policy in the field of hydrocarbons.

Two. Adopt the annual programme of fuels.

3. Authorize the activities of exploration and research, production, transport, storage, purification and refining of hydrocarbons.

Four. Set the selling prices of different products, and the transfer of the importer or manufacturer to Distributor as well as the prices of hydrocarbons from domestic production.

5. Approve the PAIF of the National Institute of hydrocarbons and their businesses, as well as appoint the governing bodies of the National Institute of hydrocarbons in the terms regulated in the present Royal Decree-law. The incorporation of new companies and the increase or transmission of equity will also require the approval of the Government.

6. The remaining powers that gives the legislation in force.

They correspond to the Ministry of industry and energy of approval and, where appropriate, powers proposal, related to the functions described in this article, except as provided in the following article.

Article twelve.

They correspond to the Ministry of finance proposed approval and where appropriate, skills related to the petroleum monopoly.

However, are attributed to the Ministers of finance and industry and energy jointly proposed approval and, where appropriate, functions related to the petroleum monopoly.

Still, attributed to the Ministers of finance and industry and energy together functions of approval and, where appropriate proposal, in the following areas: to) pricing of retail of monopolized products.

(b) fixing prices of acquisition of refineries and annual settlement of these products.

(c) investments of the monopoly.

(d) annual programme of deliveries of products to the monopoly area.

Article thirteen.

The resident company of the monopoly of oil will have the administrator of that character without that, under its relationship with the State and in such a concept, you need to complete or you can meet purposes other than those listed in article 10 of the present Royal Decree-law.

The regime of the society shall be laid down by the legislation in force in the non-modified by the present Royal Decree-law.

Advisors representatives of the capital of the National Institute of hydrocarbons in CAMPSA shall be designated by the Government on the joint proposal of the Ministers of finance, industry and energy, in accordance with the Board of Directors of the National Institute of hydrocarbons.

Article fourteen.

The delegate of the Government in CAMPSA shall be appointed by the Council of Ministers on the joint proposal of the Ministers of finance, industry and energy.


ADDITIONAL provisions first.

The National Institute of hydrocarbons the surety of the solidarity of the National Institute of industry with respect to all the obligations as shall be to title of borrower or guarantor has contracted the latter at the time of entry into force of the present Royal Decree-law.

The second.

All conveyances and operations necessary for the establishment and operation of the National Institute of hydrocarbons shall be exempt from any tax.

Third.

An extraordinary 300 million pesetas credit giving the section twenty of the General State budget "to cover the initial endowment of the National Institute of hydrocarbons", which will be financed through low-credit figured in the 1920 section, Ministry of industry and energy, zero one, Ministry, Secretary, and general services. Seven hundred and twenty-three concept.

-Fourth.

It authorizes the Government to liberalize the marketing of non-energy petroleum products.

Quinta.

The Government on the proposal of the Ministry of Finance shall determine the relationship of property and rights which are transferred to the National Institute of hydrocarbons in compliance with provisions of the fourth paragraph article e) of the present Royal Decree-law.

FINAL provisions first.

The Government will enact a proposal from the Minister of industry and energy, and after obtaining the opinion of the Council of State, the regulation of the National Institute of hydrocarbons.

The second.

The Government will enact a joint proposal of the Ministers of finance and industry and energy and after obtaining the opinion of the Council of State, the list of standards in force and repealed as a consequence of the entry into force of the present Royal Decree-law.

Third.

The Government will regulate the new nature, structure and functions of the Government delegation at CAMPSA, in order to accommodate the provisions of the present Royal Decree-law. Meanwhile, delegation will continue to exercise functions that the legislation currently assigned in what are not modified by the present Royal Decree-law.

-Fourth.

The Ministry of finance is authorized to make credit transfers that are necessary in order to apply to the National Institute of hydrocarbons the proportion of planned budget allocations for the year one thousand nine hundred and eighty-one, in favour of the National Institute of industry and the General direction of the State heritage because of shares being transferred to the National Institute of hydrocarbons.

Quinta.

The present Royal Decree will enter into force the day after its publication in the «Official Gazette».

Given in Madrid to the twenty-fourth day of April of the year one thousand nine hundred and eighty and one.

JUAN CARLOS R.

The Prime Minister, LEOPOLDO CALVO-SOTELO and BUSTELO

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