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Order Eit / 1555 / 2016, Of 29 Of September, By Which Is Modify Them Shares Of The Corporation Of Reserves Strategic Of Products Oil Corresponding To The Exercise 2016 Approved By Order Eit / 2839 / 2015, Of 23 Of December.

Original Language Title: Orden IET/1555/2016, de 29 de septiembre, por la que se modifican las cuotas de la Corporación de Reservas Estratégicas de Productos Petrolíferos correspondientes al ejercicio 2016 aprobadas por Orden IET/2839/2015, de 23 de diciembre.

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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 held by CORES, will have to satisfy to the cited Corporation the subjects required to maintain minimum stocks of safety of petroleum products, as well as the quotas that, according to their participation in the market, will have to satisfy annually to the Corporation the subjects required to maintain minimum stocks of safety 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 other activities of the Corporation.

On December 30, 2015 was published in the "Official State Gazette" Order IET/2839/2015, of 23 December, approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2016.

During the year 2016 there have been variations in some of the assumptions used in the Corporation Budget for 2016, which was taken as the basis for the approval of the quotas for that year.

While the budget drawn up and approved in 2015 for the year 2016 has turned out to be very close to the reality of that year, from the expense side there has been a reduction in financial costs such as As a result of an evolution of the Euribor below the forecast, and a deviation to the lower of the income account due to the reduction of the requests for maintenance of additional days, although the evolution of the sales has been in line with the budgeted.

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 2016, applicable to sales or consumption carried out as from September 2016, with the exception of those for liquefied petroleum gases and natural gas which remain unchanged.

This reduction is intended to keep the quotas closer to reality, thus adapting the collection to the behavior of the markets in periods lower than the annual exercises. This leads to a better transfer of costs to consumers and more efficient financing of the system.

Once the modification of the quotas approved by this order has been made, the weighted effective quota for the year 2016 for the liquid hydrocarbon groups (except liquefied petroleum gases) will be located at 0,0837 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; 0.0821 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 EUR 0,0809 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 0,0822 per cubic metre sold or consumed and per day of strategic stock held by the Corporation.

View the proposed quota modification for the fourth quarter of 2016 submitted by CORES, resolve:

First.

Amendment of Order IET/2839/2015 of 23 December 2015 approving the quotas of the Strategic Petroleum Reserve Corporation for the financial year 2016.

The first paragraph of Order IET/2839/2015 of 23 December 2015 approving the quotas of the Strategic Petroleum Reserve Corporation for the financial year 2016 is hereby amended as follows: follows:

" First.

The subjects required to maintain minimum security stocks of petroleum products will pay, to the Strategic Petroleum Reserve Corporation, the following quotas:

(a) Auto and aviation gasolines: EUR 0,0830 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 0,0809 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(c) Fueloils: EUR 0,0760 per metric tonne sold or consumed, and per day of stock held by the Corporation on behalf of the obligated subject. '

Second.

The first declaration and payment of the approved quotas in this order shall be the one to be made before 20 October 2016, that is, the one corresponding to the sales or consumption made in the month of September 2016.

Third.

This order shall have effect from the day of its publication in the "Official Gazette of the State" until the approval of the quotas for 2017, without prejudice to any adjustments that may be necessary 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 may be brought proceedings before the Administrative-Administrative Chamber of the National Court, within two months, to count from the day following the publication of this order, in accordance with the with Law 29/1998 of July 13, the regulator of the Jurisdiction-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 its publication, 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, 29 September 2016.-The Minister of Industry, Energy and Tourism, P.S. (Royal Decree 160/2016, of 15 April), the Minister of Economy and Competitiveness, P.D. (Order IET/556/2012, March 15), Secretary of State for Energy Alberto Nadal Belda.