Law (2012:806) If Emergency Storage Of Oil

Original Language Title: Lag (2012:806) om beredskapslagring av olja

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:806

Chapter 1. Introductory provisions



Article 1 to secure access to oil in the event of serious

supply disruptions to Sweden have stockpile according to

This law.



section 2 of this Act means



severely interruption: sharp and sudden drop

in the supply of crude oil or petroleum products to the

The European Union or to a Member State, whether the

resulted in an international decision on the entry into service of

stock or not,



security stocks: stocks of such energy products

listed in section



3.1 the first paragraph of Annex C to the directive of the European Parliament and of

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

energy statistics as Member States of the European Union is

required to have in accordance with Council directive 2009/119/EC on the

obligation on Member States to maintain minimum stocks of

crude oil and/or petroleum products, and according to agreements on a

international energy programme of 18 november 1974,



domestic consumption: total amounts of energy products, calculated

in accordance with annex II to Council directive 2009/119/EC, which

delivered within the country both for energy purposes, and for other

purposes and that includes delivery to the transformation sector,

industry, transport, households and other sectors for

final consumption, including consumption of the energy sector with

the exception of the fuel required for the refining,



commercial stocks: stocks of energy products

listed in the first paragraph of section 3.1 of Annex C to

European Parliament and Council Regulation (EC) no 1099/2008 as

held by economic operators which are not covered by the requirements in

Council directive 2009/119/EC,



storage fuel: one or more of the fuels

listed in the first paragraph of section 3.1 of Annex C to

European Parliament and Council Regulation (EC) no 1099/2008,



storage period "means the period from april 1 of one year through

31 March of the following year,



reference year: the calendar year preceding the year of a storage,



supervisory authority: the authority that the Government appoints under 8

Cape. § 1.



Chapter 2. Sweden's stockpile



1 § Sweden shall in each year of storage have a stockpile

at least equal to either 90 days of average daily

net imports or 61 days of average daily inland

consumption in the reference year depending on the amount

the greatest.



The stockpile should comprise storage fuels and crude oil.

Crude oil, however, may only be included with the amount of stored after

authorisation in accordance with Chapter 3. paragraph 2 of the first paragraph. Crude oil may never

constitute more than two-thirds of the stockpile.



The supervisory authority examines questions about Sweden's stockpile.



section 2 of the Swedish reserves shall be held by



1. those who are required to keep stock according to Chapter 3. paragraph 1, and



2. State administration authorities in cases where the Government has

decided that these should keep stock.



Chapter 3. Storage required hot



1 § Storage required is the one in a reference year has



1. imported crude oil or fuels to the country and

sold or consumed storage fuels in the country, or



2. purchased storage fuels of any storage required

According to 1 and sold at least 50,000 cubic metres of storage fuels in

the country.



section 2 of the Storage obligation shall be fulfilled with such

storage fuels the storage obligation has sold or

consumed during the reference year. Permission may be given for

fulfill the obligation in other storage fuels or

with crude oil.



The storage obligation should be fulfilled with storage fuels

the storage obligation owns. If the storage obligation has

instructed someone else to keep stock according to Chapter 4. paragraph 1 may

However, the storage obligation fulfilled with storage fuels

the warehouse owner.



paragraph 3 of the Storage extent obligation shall be determined on the basis

of the amount of each storage fuel as the storage obligation

have sold or consumed during the reference year.



section 4 of the supervisory authority examines the issues of retention required hot

under this chapter.



Decisions about storage required hot shall be taken for each storage year.

A decision on storage required device may be amended during the

"storage period if it is necessary for the size of Sweden's

stockpile.



5 § the storage required under this Act shall, on

the request of the supervisory authority, supply the information needed

for questions about the storage required to be examined. quorum



Chapter 4. Warehousing of someone other than the person who is

storage required and storage outside the country



1 § Storage within or outside the country may be carried out by

someone other than the storage obligation if it is

storage required and who will perform the storage permit

It also requires the State to ... the one that is

the storage required to obtain your own inventory outside the country.



section 2 of the supervisory authority examines the issues under this chapter.



Chapter 5. Storage of inventory and notification obligations by

bankruptcy, etc.



1 § Storage under this Act shall be made in a way that is

satisfactory from preparedness and control point of view.



The bearings should always be accessible and located at a

such a way that they can reach end users and markets within the

time frames and conditions which can relieve the supply problem that

may have occurred when a serious supply disruption.



section 2 On a stock that is held under this Act fully or partially

will be subject to a decision of seizure or attachment

or held by a corporation that is bankrupt or has

entered into an arrangement with creditors, for the person who is

the storage obligation or the storage for another

immediately inform the supervisory authority.



When the regulatory authority has been informed of a situation

specified in the first subparagraph, the Agency shall investigate how Swedish

reserves affected by the measures and ensure that

the size of the stockpile that Sweden is required to have

According to Chapter 2. section 1 is maintained.



Chapter 6. Record of inventory and statistical compilations



section 1 the supervisor shall keep a register of the stock

to be held under this Act.



section 2 of the supervisory authority shall draw up monthly statistics

compilations of the stocks are held under this Act, and

of commercial stocks in the country.



These statements shall be forwarded to the European

the Commission.



In the statistical summary of stocks held

under this law, all or part of the stock will not be included

If these are subject to a decision of seizure or

enforcement action or held by the company that is rendered

bankruptcy or has entered into an arrangement with creditors.



3 § The obligation which is the storage and storage access

any other according to Chapter 4. § 1 shall before the end of each month

send information to the supervisory authority of the actual

inventory levels at the end of the preceding month as well as on

any deficiencies in inventory during a month in relation to the

set the storage required and other information

authority requests.



For storage outside the country as described in Chapter 4. section 1 information

under the first subparagraph shall be submitted to the supervisory authority of the

country of storage.



Chapter 7. The use of reserves



section 1 of the Government may decide that a stocks held pursuant to

This law should be used in whole or in part if



1. The International Energy Agency (IEA) has decided to make

crude oil or petroleum products available to the market

by stock to put into use or other complementary

measures shall be taken, and this decision will affect one or more

Member States,



2. The European Commission has concluded that there is a

severely interruption and has given permission to the

to the layer in question is used,



3. in the case of a first effort in an urgent case,

or



4. in the case of a local crisis.

The European Commission shall immediately be informed of the decision

under the first subparagraph.



section 2 of the supervisory authority shall draw up a contingency plan for how

Sweden's stockpile will be used in the event of serious

supply disruptions and about how a restriction of consumption

of storage shall be conducted at such interruptions fuels.



§ 3 When a stock that is held under this Act has been used to

it restored to the size and composition that have

decided for the current storage year.



Chapter 8. Inspection and charges, etc.



Supervision



§ 1 the authority the Government supervises

to this Act and the regulations in connection

the law is followed. The authority will also supervise the

stockpiles held in the country on behalf of a

the storage required in another Member State of the European Union

Council directive 2009/119/EC on the obligation of

Member States to maintain minimum stocks of crude oil and/or

petroleum products.



section 2 of the one who is or has been guilty of storage or the like

perform or have performed the stocking for someone else under 4

Cape. to be on the regulator's request

information and documents necessary for

supervision.



Anyone who is or has been guilty of storage or the like

perform or have performed the stocking for someone else under 4

Cape. should the regulator's request to let the authorities get

access to facilities and the premises and areas covered

to such installations to the extent that the authority

need for regulatory oversight.



The police authority shall, on request, provide the necessary assistance

for such access. Such a request may be made only if the



1. the particular circumstances give reason to suspect that

the action cannot be taken without a police man's special


powers under section 10 of the law on police (1984:387)

used, or



2. There are serious reasons.

Law (2014:750).



paragraph 3 of the European Commission has the right to request

information and access to facilities and the premises and

areas as set out in section 2.



Obligation to retain data



4 § The obligation which is the storage and storage access

any other according to Chapter 4. section 1 will save data on layers

held under this Act within five years from the end of the

"storage period to which the data relate.

Injunction



§ 5 supervisory authority may notify the injunctions

needed to



1. the obligation arising from Chapter 3. section 5 or 6

Cape. paragraph 3 shall be fulfilled,



2. the storage required to keep the stocks

decided,



3. an inventory should be kept and be accessible in ways that

referred to in Chapter 5. paragraph 1, or



4. the law should be followed.



A decision on the injunction may be subject to a penalty.



Revocation of authorization



section 6 a licence under this Act or the regulations that have

issued by virtue of the law shall be revoked if

the conditions for authorisation are no longer fulfilled.



Storage fee and late fee



section 7 a storage fee will be taken out of a storage required as

do not hold the stock to the extent that a decision has been made.



The storage fee will be calculated per day and meet the

the capital cost of the quantity of fuel shortages in inventory

amount to, with a supplement of up to 1000% of

the cost of capital.



A storage fee may be reduced or waived if the

There are serious reasons.



section 8, a late fee of 10 000 kroons shall be imposed on anyone who

is the storage required under this Act if the information

referred to in Chapter 3. section 5 or in Chapter 6. paragraph 3 has not come into

the supervisory authority within the prescribed time limit.



A second late fee of 25 000 kroons shall be imposed on the

the data have not been submitted to the supervisory authority within

seven working days from the notification of a

late fee has been collected have been sent to the person

the storage required.



A late fee may be reduced or waived if the

There are serious reasons.



Recovery



section 9 If a storage fee or a late fee has not

paid after the demand for payment, the fee is paid for

recovery. Upon recovery, enforcement under

the enforcement code occur.



Chapter 9. Appropriations



section 1 of the Government may provide for storage.



The Government may announce further provisions on supervision,

storage fee and late fee.



section 2 of the Government or the authority, as the Government determines

may provide for



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,



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

Cape. section 2,



5. register of stocks held under this Act and if the

statistical compilations, and



6. contingency plan, operation and restoration of stocks

held under this Act.



10 Cape. Appeal



paragraph 1 of the decision on storage required hot according to Chapter 3. paragraph 4 of the decision on

authorisation in accordance with Chapter 3. section 2 and Chapter 4. paragraph 1, decisions on

injunction that has joined together with liquidated damages in accordance with Chapter 8. section 5,

decision on the withdrawal of authorisation pursuant to Chapter 8. section 6, if

storage fee in accordance with Chapter 8. 7 and if the late payment fee

in accordance with Chapter 8. section 8 may be referred to the General

Administrative Court.



section 2 of the leave to appeal is required for an appeal to

the administrative court.



paragraph 3 of the decision under this Act or under the regulations

has been granted by virtue of the Act apply to immediately if any

unless otherwise specified in the decision.



Transitional provisions



2012:806



1. this law shall enter into force on 30 december 2012 when the law

(1984:1049) If emergency storage of oil and coal will end

to apply.



2. Storage year instituted on 1 July 2012 should end

on March 31, 2013.



3. The repealed law continues to apply for the "storage period

instituted on 1 July 2012.