Regulation (2012:873) If Emergency Storage Of Oil

Original Language Title: Förordning (2012:873) om beredskapslagring av olja

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:873

General provisions



Article 1 this regulation lays down rules that connect to

Act (2012:806) If emergency storage of oil.



Terms and expressions in this regulation have the same meaning as

the law on emergency storage of oil.



section 2 of the Swedish Energy Agency (the Agency) is

supervisory authority and examines the issues under the Act (2012:806) if

emergency storage of oil and in accordance with this regulation.



Definitions



section 3 of this regulation means



base amount: a lagringsskyldigs the sale or consumption of

the country of storage fuels in a reference year (including

biofuels and additives that were involved in

fuel storage on sale or consumption) with deduction

for storage of fuels sold to other storage required,

or to the bunkering of foreign trade;



"biofuels" means liquid fuel or fuel in the form of gas

used for transport and produced from biomass, with

biomass is the biodegradable fraction of products,

waste and residues from agriculture (including vegetable

and animal substances), forestry and related

industries, as well as the biodegradable fraction of

industrial and municipal waste;



International bunkering: as set out in Annex A, section

2.1, in European Parliament and Council Regulation (EC) no

1099/2008 of 22 October 2008 on energy statistics,



additives: substances other than hydrocarbons that are added or

mixed in a product to modify its properties.



Sweden's stockpile



Calculating the size of the country's total reserves



section 4 of the average daily net imports as referred to in Chapter 2. 1 §

the first law (2012:806) If emergency storage of oil

shall be calculated on the basis of crude oil equivalent of imports

in the reference year. The average daily domestic

consumption according to Chapter 2. section 1, first subparagraph, the law of

emergency storage of oil shall be calculated on the basis of

the crude oil equivalent of domestic consumption during the

the reference year.



Calculation of crude oil equivalent in accordance with the first subparagraph, first

the sentence should be carried out in accordance with Annex I to Council

Directive 2009/119/EC on the obligation of Member States to

maintain minimum stocks of crude oil and/or petroleum products.

Calculation of crude oil equivalent in accordance with the first subparagraph

the second sentence shall be carried out in accordance with annex II to the same

directive.



Biofuels and additives shall be included in the calculation referred to in

the first subparagraph only if they have been mixed with the relevant

petroleum products.



Storage fuels



5 § Storage fuels are motor gasoline, jet-fuel of the kerosene type;

gas oil or diesel oil and other fuel oils according to

the definitions in Appendix B for a European Parliament and Council

Regulation (EC) no 1099/2008 of 22 April 2008 on the

energy statistics.



Calculation of the percentage to be stored by each

storage of fuels



section 6 of the Energy Authority shall decide by February of each year

the size of the percentage of the total base quantities

in the reference year for each of the storage of fuels that

all the storage required to store during the forthcoming "storage period.

Shares calculated so that Sweden's accumulated

storage required hot according to Chapter 2. Article 1, first paragraph the law

(2012:806) If emergency storage of oil can be met.

The calculation shall be made on the basis of annex III of Council

Directive 2009/119/EC on the obligation of Member States to

maintain minimum stocks of crude oil and/or petroleum products.



The Energy Agency's calculation of inventory held by the reporting



paragraph 7 of the report referred to in Chapter 6. 2 § (2012:806) law on

emergency storage of oil to existing stock levels are calculated

in accordance with annex III to Directive 2009/119/EC on the

obligation on Member States to maintain minimum stocks of

crude oil and/or petroleum products.



Biofuels and additives shall be included in the calculation referred to in

the first subparagraph only if they



1. involved in storage fuels, sale or

consumption, or



2. stored in Sweden and the storage obligation can show that they

are intended to be mixed with the fuel in storage and that they should

be used as a transport fuel.



Storage required hot



8 § Storage required hot according to Chapter 3. 1 § 1 Act (2012:806) if

emergency storage of oil exists if the amount of crude oil or

storage fuels that are imported during the reference year

amounts to at least 2 500 cubic meters.



section 9, if a company has imported a storage fuel to

country and then sold it abroad, the fuel still

considered to be sold in the country and bring the storage required hot according to

Chapter 3. 1 § 1 Act (2012:806) If emergency storage of oil if

the fuel after the sale are consumed and not exported.



section 10 of the Data referred to in Chapter 3. section 5 of the Act (2012:806) if

emergency storage of oil shall be supplied to the Energy Authority

by the end of January each year or at a different time

which authority determines.



Energy Authority shall inform those who must provide information

in accordance with the first paragraph about who has been guilty of storage

in the reference year, if such information is required to

the base amount is calculated.



Exception from the storage required hot



§ 11 Storage required hot according to Chapter 3. section 1 of the Act (2012:806) if

emergency storage of oil does not apply to the importation and consumption

of such storage facilities in gas turbine fuels or

oil condensate works for the production of electric power that is included

in effect the reserve under the Act (2003:436) if the power reserve.



Storage required device within a group



section 12 within a group may be fulfilled by required storage unit

the parent company of storage required on behalf of subsidiaries

the notification is made to the Energy Authority recently in connection with the

the information referred to in section 10 shall be provided.



If the storage required unit should no longer be carried out collectively for

the group, the notice forthwith to the Energy Authority.



Permission for the performance of the storage obligation in other

storage-fuel or crude oil



section 13 permit for the storage of other storage fuels than those

as the storage obligation has sold or consumed during

reference year shall be of good security of supply can be

ensure.



Permits for the storage of crude oil may be given if the



1. in the case of a company that operates the oil refining and

which fulfill their duty or storage unit that keeps the layer at

any other according to Chapter 4. section 1 of the Act (2012:806) if

emergency storage of oil, and



2. layer consists of crude oil, other raw materials for the manufacture

or semi-manufactured goods equivalent to not more than two-thirds of the

total storage requirement for the company as well as for other

the storage required for the oil refinery performs

storage assignment.



The calculation referred to in the second subparagraph 2 shall be based on the exchange of

storage fuels at the refining of crude oil in oil refinery

According to regulations issued by the Swedish Energy Agency with

support of section 28 3.



Storage scope of the obligation



section 14 Storage its extent is determined for each

storage required based on the base amount and the percentage

has been decided according to paragraph 6.



Decisions about storage required hot



section 15 Energy Authority shall notify the decision on

the storage required for the forthcoming "storage period by February

each year.



Exemption from duty during an ongoing storage unit

"storage period



section 16 of the storage required may be exempted in whole or in part

from the storage required device during an active "storage period of the

the storage obligation sold storage fuel during a reference year

to someone who has become the storage required for the corresponding

variety of storage of fuel in storage a year, or if it otherwise

There are serious reasons.



Permit for warehousing of the country by someone other than the

the storage obligation



section 17 of the State to hand over stock inventory for someone else

within the country may be granted only if the storage obligation has

an agreement with the who to carry out storage set



1. that storage will be performed during at least one calendar month

or thirty days,



2. What is the volume, the storage of fuel and, if

cases, the biofuels and additives according to 4 or 7 §

storage shall be,



3. that the storage obligation has the right to acquire

layer, and



4. basis of calculation of the price for an acquisition under 3.



Conditions referred to in the first subparagraph may be granted only under

the who will perform the storage permit

According to section 18. The authorisation may be subject to conditions to be

indicated in the decision.



section 18 permitted to perform within the country store for someone else

may be granted only if the



1. it shall perform storing conducts

the oil storage business, and



2. the storage meets the requirements laid down in Chapter 5. section 1 of the Act

(2012:806) If emergency storage of oil.



Conditions referred to in the first subparagraph may be granted for not more than five

"storage period and may be subject to conditions as evidenced by

the decision. If storage is to be performed for a storage required in a

Member State of the European Union pursuant to Council directive

2009/119/EC on the obligation of Member States to maintain

minimum stocks of crude oil and/or petroleum products, however, requires

the notification is made to the Energy Authority in each case

and that there are permits for foreign storage from the competent

authority of the Member State for which the inventory is held,

before storage may commence.



The who will perform storage must not, in turn, submit

storage for someone else.



Permission for storage outside the country



19 § permission to hold our own layer in another Member State in

The European Union, or to hand over stock inventory for

someone else in the European Union may be granted only if the

is the storage required can show that




1. the storage shall be carried out for at least three calendar months,



2. the storage refers to a certain volume and a certain

storage of fuel and covers a maximum of thirty per cent per

storage of fuel fuels the storage obligation should

store for a "storage period,



3. he or she has the right to acquire the inventory,



4. There is an agreement on how the price should be calculated at the

acquisitions under 3,



5. the storage meets the requirements laid down in Chapter 5. section 1 of the Act

(2012:806) If emergency storage of oil, and



6. it shall perform storing conducts

oil storage and have been given permission to perform

storage by the competent authority of the Member State of the European

Union in which layer should be kept.



A prerequisite for permission is that the who will perform

storage not in turn submits the storage for someone else.



Conditions referred to in the first subparagraph may be granted for no more than a

"storage period. The authorisation may be subject to conditions which shall state

of the decision.



Register of stockpiles



section 20 of The register of security stocks referred to in Chapter 6. 1 §

Act (2012:806) If emergency storage of oil shall contain

data on



1. where the bearings are,



2. the fuel and how much of these as layers

covers, and



3. layer's owner.



A summary copy of the registry should be sent to

The European Commission on 25 February of each year at the latest.



Statistical compilations



section 21 of The statistical compendium of reserves as

referred to in Chapter 6. section 2 of the Act (2012:806) If emergency storage of

oil should be established in accordance with annex IV to Council directive

2009/119/EC on the obligation of Member States to maintain

minimum stocks of crude oil and/or petroleum products.



section 22 of The statistical compendium of commercial inventory

referred to in Chapter 6. section 2 of the Act (2012:806) on emergency response storage

the oil will contain information on actual inventory levels, the

last day of each calendar month. In the statement,

not the owners of the stores listed.



Contingency plan



section 23 of The contingency plans referred to in Chapter 7. section 2 of the Act

(2012:806) If emergency storage of oil shall contain

data on



1. organizational measures should be prepared to

the contingency plan shall be implemented,



2. the education and training needed for the

organisational measures under 1 to function, and



3. how limitations in consumption should be carried out.



Before an emergency plan is drawn up, the views of the

the storage required is obtained. The contingency plan shall be updated

each year.



section 24 a layer that has been used in accordance with Chapter 7. section 1 of the Act

(2012:806) If emergency storage of oil should be restored within

the deadline set by the European Commission.



Storage fee



section 25 of the Appendix referred to in Chapter 8. section 7 of the Act

(2012:806) If emergency storage of oil shall be calculated per

storage of fuel and for the storage of wounds when the bearing exhibits

deficiency and constitute



1.300 per cent of the capital cost for the first ten days,



2.400% of the capital cost for the next ten

days, and



3.500 per cent of the capital cost of the subsequent

the days.



If a shortage in inventory turns out to be higher than

reported by the storage obligation, each of

free extensions in the first paragraph shall be doubled deficiency

during storage the year that have not been reported.



section 26 of the calculation of a storage fee cost of capital should

based on the average market rate and varukostnad

during the calendar month preceding the shortages in inventory.



Energy Authority shall before each storage year inform them

that is the storage required on the criteria for the calculation of

storage fees.



Data from the Swedish tax agency



paragraph 27 of the Revenue Commissioners shall, on the request of the Swedish Energy Agency issue

information on the importation of fuels from other Member States in

The European Union from the system as described in Chapter 2. 4 a of the

Act (2001:181) on the processing of information in the tax agency's

fiscal operations, if the data required for monitoring and

supervision under the law (2012:806) If emergency storage of oil

and this regulation.



Appropriations



section 28 of the Energy Authority may announce further provisions concerning



1. calculation of the Swedish reserves,



2. the storage required and on exemptions and exemption from

storage required,



3. the conditions for authorisation in accordance with Chapter 3. section 2 and Chapter 4.

section 1 of the Act (2012:806) If emergency storage of oil,



4. register of stocks held pursuant to the Act on

emergency storage of oil,



5. statistical compilations, and



6. the contingency plan and the restoration of stocks held pursuant to

the law on emergency storage of oil.



section 29 of the Swedish Energy Agency may provide for



1. storage of inventory and on notification obligations pursuant to 5

Cape. section 2 of the Act (2012:806) If emergency storage of oil,



2. use of the inventory, and



3. the procedure for the examination of issues according to the law on

emergency storage of oil and this regulation.



Appeal



section 30 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Other decisions

than decisions under sections 11 and 16, however, may not be appealed.



Transitional provisions



2012:873



1. This Regulation shall enter into force on January 1, 2013 in respect

If section 27 and 30 december 2012. The regulation

repeals Regulation (1995:971) If emergency storage of oil

and coal.



2. Storage year instituted on 1 July 2012 should end

on March 31, 2013.



3. The repealed regulation still apply, however, for the

"storage period instituted on 1 July 2012.