Act No. 161 / 2013 Coll.
Act amending Act No. 189 / 1999 Coll., on Emergency Oil Stocks, on dealing with oil emergencies and amending certain related laws (Act on Emergency Oil Stocks), as amended
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Effective from 01.07.2013
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01.07.2013
21.06.2013
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161
THE LAW
of 2 May 2013
amending Act No. 189 / 1999 Coll., on Emergency Oil Stocks, on dealing with oil emergencies and amending certain related acts (Emergency Oil Stocks Act), as amended
Parliament has decided on this law of the Czech Republic:
The Act No. 189 / 1999 Coll., on the Emergency Oil Stocks, on dealing with oil emergency and amending certain related acts (Act on Emergency Oil Stocks), as amended by Act No. 560 / 2004 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
(1) Paragraph 1, including footnotes 1 and 5, reads:
This law regulates, in accordance with the law of the European Union1) the way in which emergency stocks of oil and petroleum productsare created, maintained and used 5) designed to mitigate or overcome emergency situations arising from their shortages (hereinafter referred to as "emergency stocks'), procedures for addressing emergencies and the tasks of national administrations and local authorities in this area.
1) Council Directive 2009 / 119 / EC of 14 September 2009 requiring Member States to maintain minimum stocks of oil or petroleum products.
5) Regulation (EC) No 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics. ';
2. After Paragraph 1, the following Section 1a is inserted:
Definition of terms
For the purposes of this Act:
(a) net import of the total quantity of imported oil and petroleum products into the Czech Republic, less the total quantity of exported oil and petroleum products from the Czech Republic,
(b) domestic consumption of the total quantity of oil and petroleum products consumed within the Czech Republic for both energy and non-energy purposes;
(c) the reference year of the calendar year preceding the year to which the data on domestic consumption or on net imports used in the calculation of the minimum level of emergency stocks to be held or the level of emergency stocks actually held at a certain time are applied;
(d) the central stock manager of the person whose main task is to create, maintain or sell emergency stocks;
(e) a pipeline for the pipeline transport of petroleum products, unless it is located in a production or processing plant or in a storage facility;
(f) oil pipeline plant, if not located in a production or processing plant or in a storage facility;
(g) the exceptional situation in which oil or petroleum products are supplied in the Czech Republic or in other Member States of the European Union or in other Member States of the International Energy Agency is threatened or threatened;
(h) by physical accessibility, a summary of the measures enabling the use of emergency stocks and their actual making available on the market in quantities and time to help mitigate the effects of the emergency situation;
(i) the state of oil emergency, the lack of oil and petroleum products, which would result in domestic supply disturbances and the adverse consequences of this would not be possible to eliminate or prevent them from taking measures under this law,
(j) by international decision of the Governing Council of the International Energy Agency or of the European Union on the use of oil or petroleum products stocks or other measures taken to ensure the availability of oil or petroleum products on the market;
(k) a significant and sudden drop in the supply of oil or petroleum products to the Czech Republic, the European Union or the States of the International Energy Agency, whether or not an international decision has been taken. "
3. Paragraph 2, including the title and footnote 1a, reads:
Creating and maintaining emergency stocks
(1) Emergency stocks are state tangible reserves 1a).
(2) Emergency stocks are created and maintained by the Administration of State tangible reserves (hereinafter referred to as the "Administration") of oil and selected petroleum products5, equivalent to at least 90 days of average daily net imports of the reference year.
(3) The amount of the emergency stocks shall be converted by 31 March of each year at the latest.
(4) Specific stocks may be made up of emergency stocks.
(5) If specific stocks are not maintained, the Administration shall ensure that at least one third of the emergency stocks meet the conditions laid down in § 2a (2), (3) and (4).
(6) The types of oil and the composition of selected oil products suitable for storage in emergency stocks, the method of calculating the average daily net import and the average daily domestic consumption and the method of calculating the level of emergency stocks to be maintained by the Czech Republic are laid down in the implementing legislation.
(1a) Act No. 97 / 1993 Coll., on the scope of the Administration of State tangible reserves, as amended. '
4. The following Section 2a is inserted after Section 2, including the title:
Production and maintenance of specific stocks
(1) The administration may maintain specific stocks at a rate equivalent to at least 30 days of average daily daily domestic consumption of the reference year for at least 1 year.
(2) Specific stocks may consist only of ethane, liquefied petroleum gas referred to as LPG, motor gasoline, aviation petrol, jet fuel of the petrol type, jet fuel of the naphtha type, jet fuel of the petroleum type, other petroleum oil, gas oil, diesel fuel, fuel oil, varnish and technical petrol, lubricants, bitumen, paraffin wax, or petroleum coke 5).
(3) The management shall determine the composition of specific stocks from one or more of the products referred to in paragraph 2.
(4) The administration will ensure that, for petroleum products included in specific stocks, the oil equivalent is at least 75% of the domestic consumption of those products in the reference year. The method of that calculation shall be laid down in implementing legislation.
(5) The composition of the specific stocks may be changed at the earliest after 1 year, and only from the first day of the calendar month. The quantity of specific stocks may be temporarily reduced only because of their replacement. The total mandatory minimum level of emergency stocks in the event of the replacement of specific stocks shall not fall below that set out in Section 2 (2).
(6) Specific stocks may only be relocated after prior written agreement of the Administravy1a).
(7) The administration shall inform the European Commission ("the Commission") of the quantity and composition of the selected petroleum products held in specific stocks and the period during which it has undertaken to maintain these specific stocks. "
5. In Section 3, Section 3, paragraph 1, first sentence and paragraph 2, Section 6, Section 6, paragraph 1, first sentence and Section 6, paragraph 3, the word "oil 'is deleted.
6. In Article 3, at the end of paragraph 1, the sentence "The implementing act shall specify the authorised volume of storage facilities, the mandatory technical equipment of storage facilities, including the requirements for equipment for monitoring the quality of emergency stocks."
7. In Article 3, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Storage facilities, pipelines and pipelines are protected by protection zones to ensure their safe and reliable operation, to protect the life, health and property of persons and to prevent or mitigate the effects of their accidents. The protection zone shall consist of an area whose boundaries are defined by vertical surfaces at a horizontal distance of 150 m on all sides from the ground plan of these devices. The protection zone shall be established on the date of the acquisition of the legal power of the territorial decision on the location of the construction or the issue of the territorial consent to the location of the construction, unless under the building law either of these documents is required, then on the date of entry into service of those facilities.
(4) In the protection zone of storage facilities, pipelines and pipelines, it is prohibited to carry out activities which could jeopardise the safety and reliability of the operation of such facilities, or the lives, health and property of persons. It shall be prohibited to place structures, carry out land works, set up landfills and store material in the protection zone without prior consent of the operator of such an installation. ';
Paragraphs 3 to 8 shall be renumbered paragraphs 5 to 10.
8. Paragraph 3 (5) reads as follows:
"(5) Emergency stocks may only be stored by the person who, under the contract, provides for storage and further care for the entrusted emergency stocks (hereinafter referred to as" the protector "). ';
9. Paragraph 3 (6) reads as follows:
"(6) They cannot be stored without government approval
(a) emergency stocks of the Czech Republic in the territory of another Member State of the European Union; or
(b) emergency stocks of another Member State of the European Union in the territory of the Czech Republic. ';
10. Paragraph 3 (7) is deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
11. In Article 3 (7), the words "In accordance with the agreement concluded on the storage of emergency oil stocks of the Czech Republic in the territory of another Member State and in accordance with the law of the European Communities, the Administration shall" shall be replaced by the words "The Administration shall" after the words "the Czech Republic," the words "the central stock manager of another Member State of the European Union," the word "oil" shall be deleted and the words "the protection of emergency stocks" shall be inserted.
12. in Article 3 (7), the words "and owner of storage facilities" shall be added at the end of the text of point (a).
13. in Article 3 (7) (b), the words "and categories" are replaced by the words "stored."
14. in Article 3 (7) (c), the word "oil" shall be deleted;
15. in Article 3 (7) (d), the word "emergency" shall be inserted after the word "identification."
16. In Article 3, at the end of paragraph 7, the dot is replaced by a comma and the following point (e) is added:
"(e) the definition of the tasks carried over by the Administration to the other Contracting Party pursuant to Article 9 (1) (j); those tasks may no longer be delegated to any other person. ';
17. Paragraph 3 (8) reads:
"(8) Emergency stocks of the Czech Republic stored under the contract referred to in paragraph 7 in the territory of another Member State of the European Union shall be included in the total amount of emergency stocks of the Czech Republic."
18.Paragraph 3 (9) reads as follows:
"(9) In any event, the transport or use of emergency stocks stored in the Czech Republic for other Member States of the European Union shall be prohibited. '.
19. the following Section 3a is inserted after Section 3, including the title and footnotes 6 to 8:
Protectors
(1) Only a person may be the protector,
(a) which is fair,
(b) which is not in liquidation,
(c) which is not registered in the tax records of the tax authorities of the Czech Republic or in the tax accounts of the Czech Republic or in similar cash transactions with the competent authorities of the State in which the person has his registered office, place of business or residence; this fact is required to be documented by the Commission by confirmations which are not more than 30 days old,
(d) which has the right of ownership or use for storage facilities; that fact is required to be substantiated by the Commission,
(e) whose staff providing the operation of the storage facility are appropriately qualified; at least three years of experience in the storage of oil or petroleum products shall be considered to be appropriate qualifications; that fact is required to be substantiated by the Commission,
(f) which submit a list of persons who are or have been members of the statutory body in the last 3 years;
(g) which, if in the form of a public limited-liability company, will present the current list of all its shareholders.
(2) For the purposes of this Act, a person who has been convicted of an intentional offence, an offence against property or an economic offence committed as a result of negligence, or a criminal offence committed as a result of negligence in connection with the performance of a protective activity, shall not be regarded as being not convicted (6).
(3) In the case of a legal person, the condition of integrity referred to in paragraph 2 shall be met by both that legal person and its statutory authority, or by any member of the statutory authority, and, if the legal person or member of the statutory body of the protection authority is a legal person, that legal person and its statutory authority or any member of the statutory authority of that legal person shall comply with that presumption; if a foreign legal person is to be a protector through its organisational component, the condition laid down in this paragraph shall also be met by the head of that branch in addition to those persons; This condition must be fulfilled by the protector in relation to both the territory of the Czech Republic and the country of his registered office, place of business or residence.
(4) The integrity is demonstrated by a record of the Register of Penalties. The administration shall, in order to prove the integrity of the proceedings, request, in accordance with a special legislature7) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. A natural person who is not a citizen of the Czech Republic provides proof of integrity by an extract from the register similar to the Register of Penalties issued by the State of which the natural person is a citizen, as well as by documents issued by States in which he has remained continuously for more than 3 months in the previous 3 years, or by another document proving the integrity of that person. A legal person who has its registered office outside the territory of the Czech Republic shall prove integrity by means of an extract from the Register of Penalties or other similar document issued by the State in which he has his registered office and by documents issued by States in which he has operated for more than 3 months in the previous 3 years. Statements and documents proving integrity shall not exceed 3 months.
(5) The protection authority may not be the natural or legal person whose property has been declared bankrupt from the date of:
(a) the sale of an undertaking by a single contract in the context of the monetisation of assets at the time of the expiry of the period under the special legislature8);
(b) the acquisition of legal power by a court of a decision which has ceased the operation of an undertaking or from the date specified in that decision as the date on which the operation of an undertaking is terminated.
(6) The creditor may not be a natural or legal person for a period of 3 years from the date on which the decision to reject the insolvency application becomes final because the debtor's assets will not be sufficient to cover the costs of the insolvency proceedings. Furthermore, a natural or legal person may not be a protector for a period of 3 years from the date of the legal authority of the decision to cancel the bankruptcy because the debtor's assets are not sufficient to satisfy the creditors. If the bankruptcy has been cancelled for another reason, the obstacle referred to in paragraph 5 shall lapse on the date on which the decision to cancel the bankruptcy takes effect.
6) Act No. 40 / 2009 Coll., Criminal Code, as amended.
7) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended.
8) Act No. 182 / 2006 Coll., on bankruptcy and methods of its resolution (insolvency law), as amended. '
20. In Paragraph 4 (1), the words "resulting from a shortage of oil and petroleum products (hereinafter referred to as" oil emergency ")" and "if the average monthly imports into the Czech Republic of crude oil and petroleum products are so reduced as compared to the average monthly imports in the previous calendar year, or it can reasonably be expected that the adverse consequences resulting therefrom cannot be eliminated or avoided without the adoption of measures under this law."
21. In Article 5, the words "except for transport or use as referred to in Article 3 (9)" shall be added at the end of the text of paragraph 1.
22. in Article 5 (2), the word "calendar" shall be deleted;
23. In Article 5, the following paragraph 4 is added:
"(4) The development and implementation of measures to reduce the consumption of crude oil and petroleum products shall be carried out by regional and municipal authorities with extended scope which ensure the preparedness of the administrative district and the administrative district of the municipality with extended scope to implement the allocation system referred to in paragraph 1 (h). ';
24. In Article 6, at the end of paragraph 1, the sentence "The Commission may set a time-frame for adding the stocks used to the previous situation."
25. Paragraph 6 (2) reads:
"(2) The use of emergency stocks means their release by sale, loan or transfer of jurisdiction. ';
26. In Article 6, paragraphs 4 to 6 are added:
"(4) In the event of an international decision, the President of the Administration may decide to use emergency stocks of a specified amount of the Czech Republic's share even below the mandatory minimum level laid down by this Act, without the consent of the Government, on condition that the internal market in the Czech Republic is not threatened by the failure to supply oil or petroleum products. The Administration shall immediately inform the Government and the Commission of this Decision.
(5) In urgent cases, the Government may decide to use the necessary amount of emergency stocks even if the level of emergency stocks falls below the mandatory minimum level laid down by this law. The administration shall immediately inform the Commission of this Decision.
(6) The President of the Administration shall decide on the use of emergency stocks above the minimum level laid down by this Act in the event that an oil emergency is not declared. '
27. In the first sentence of Article 7, the words "and in periods when the average monthly delivery of oil and petroleum products to the Czech Republic is reduced by more than 7% against the average monthly delivery in the previous calendar year," shall be deleted and after the word "processors," the words "storekeepers, protectors and."
28.
Control
(1) The management shall carry out once a year a quality check and a quantity of at least 30% of the emergency stocks held with the guards. Persons authorised by the Commission may also take part in the inspection. These persons are in control status 9).
(2) If the Commission carries out a check to verify the readiness of the Czech Republic for emergency situations and checks on emergency stocks, the Administration will provide it with synergies.
(3) Within 1 week of the date of notification of the check referred to in paragraph 2, the Administration shall provide the persons authorised by the Commission with information on the location of emergency stocks, unless they have been provided in advance to the Commission.
(4) The State Energy Inspection shall check compliance with the obligations under Article 3 (4).
(5) Control of compliance with the measures provided for in Article 5 (1)
(a) Police of the Czech Republic, if they are involved in a measure pursuant to § 5 (1) (a), (b) and (c),
(b) the Rail Authority, if it is a measure under Article 5 (1) (d),
(c) the Civil Aviation Authority, if it is a measure under Article 5 (1) (e);
(d) Czech Trade Inspectorate, if it is a measure under § 5 (1) (f), (g) and (h);
e) Customs administration of the Czech Republic, if it is a measure pursuant to § 5 (1) (i).
(6) The administration controls the administrative authorities, regional authorities and municipal authorities with extended scope throughout the preparation and implementation of the measures provided for in Article 5 (1) (h).
(7) The Regional Authority controls the authorities of municipalities with extended scope throughout the preparation and implementation of the measures provided for in Article 5 (1) (h).
9) Act No. 255 / 2012 Coll., on Control (Control Regulations). '
Article 29 (9) and (10), including footnotes 3 and 10, read:
Scope and management of emergency stocks
(1) Administration
(a) is the only central stock manager in the Czech Republic,
(b) ensure the establishment, maintenance and use of emergency stocks;
(c) propose measures to the Government in the event of a significant reduction in supply on the world oil market, which could have adverse consequences for the Czech Republic, in the event of an international decision, in the case of an oil emergency or in the case of an oil emergency;
(d) carry out the annual conversion of the amount of the emergency stocks referred to in Article 2 (3) and the resulting achievement of the amount of the emergency stocks provided for in Article 2 (2) by the deadline set out in Article 2 (3);
(e) submit to the Commission and the International Energy Agency a statistical overview of the stocks of oil and petroleum products produced according to their requirements; submit these summaries also to the Ministry of Industry and Trade,
(f) immediately inform the Commission and the International Energy Agency, as well as the Ministry of Industry and Trade, of any imminent or actual drop in emergency stocks below the mandatory minimum, indicating the reason for such a decrease and the measures taken to replenish the emergency stocks, including the planned date for reaching their full amount;
(g) in the event of an oil emergency and in the event of a serious supply disruption, it shall process the plan and the related organisational measures under which the Czech Republic will proceed and inform the Commission, at its request, of such plans and measures;
h) carry out the emergency stocks and management tasks for the Czech Republic under the International Energy Programme Agreement (3);
(i) take measures to ensure the physical accessibility of emergency stocks;
(j) may, with the agreement of the Government, delegate tasks relating to the protection of emergency stocks to economic operators for a specified period (10) in other Member States of the European Union or a central stock manager in other Member States of the European Union;
(k) propose to the Government measures to reduce the consumption of oil and petroleum products and the procedure for cooperation with the mass media;
(l) in the event that it does not maintain a minimum level of specific stocks, it shall send the Commission, by the end of the first month of the year to which it relates, a report containing measures taken to ensure and verify the availability of emergency stocks and a list of legislation governing the control of the use of such stocks pursuant to Article 6;
m) represents the Czech Republic in the coordination group for oil and petroleum products, in the relevant committees and groups of the International Energy Agency and in the context of its competence in the field of emergency stocks also in other integration groups and international organisations;
(n) keeps a permanently updated list of emergency stocks. The procedure for keeping the list of emergency stocks and statistical reports and the rules for drawing up and submitting statistical reports on the level of emergency stocks to the Commission and the International Energy Agency shall be laid down in implementing legislation.
(2) Only the Administration has the right to purchase or sell specific stocks.
Transfers
(1) A natural person commits an offence by:
(a) infringes any of the prohibitions laid down in Article 3 (4); or
(b) as a person whose activity is subject to a restriction for the purpose of reducing the consumption of crude oil and petroleum products pursuant to Article 5 (1) (a), (b), (c) or (e), it infringes such a restriction.
(2) A fine of up to 100 000 CZK may be imposed for the offence referred to in paragraph 1 (a) and for the offence referred to in paragraph 1 (b) for the fine up to 5 000 CZK. In block proceedings, a fine of up to CZK 5,000 can be imposed.
3) Agreement on the International Energy Programme, published under No 46 / 2001 Coll.
10) Article 8 of Council Directive 2009 / 119 / EC. '
30. footnote 4 is deleted.
31. The following Sections 10a to 10d are inserted after Section 10, including the headings and footnotes No 11:
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) infringes any of the prohibitions laid down in Article 3 (4);
(b) as a person whose activity is subject to a restriction on the consumption of oil and petroleum products pursuant to Article 5 (1) (b), (c), (d), (e), (f), (g), (h) or (i), infringes such restriction;
(c) as an importer, processor, storer, protector, distributor of oil and petroleum products or a person acting on the territory of the Czech Republic for the extraction of oil deposits shall not transmit the information referred to in Article 7;
(d) use emergency stocks of oil or petroleum products in breach of Article 6 (1) or allow their unauthorised use; or
(e) as a controlled person in breach of Article 8, it shall not remove within a specified time limit any deficiencies identified in the control of the quantity and quality of emergency stocks.
(2) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if the administrative offence referred to in paragraph 1 (c) or (b) is committed by infringing a restriction pursuant to § 5 (1) (b), (c), (d) or (g),
(b) 10 000 000 CZK if it is an administrative offence referred to in paragraph 1 (a);
(c) 20 000 000 CZK if the administrative offence referred to in paragraph 1 (d), (e) or (b) is committed by infringing a restriction pursuant to § 5 (1) (e), (f), (h) or (i).
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine for an administrative offence, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within one year of the date on which he became aware of it, but no later than three years after the date on which he was committed.
(4) The liability for the conduct of or direct to the business of a natural person (11) shall be subject to the provisions of this Act on liability and sanctions of a legal person.
(5) Administrative offences at first instance
(a) the municipal authority of a municipality with extended jurisdiction, if it is an administrative offence pursuant to § 10 (1) (b) committed by a breach of a restriction pursuant to § 5 (1) (a), (b) or (c) or § 10a (1) (b) committed by a breach of a restriction pursuant to § 5 (1) (b) or (c), if it has not been dealt with in a block procedure, or if it is a matter referred by the Czech Police pursuant to paragraph 7;
(b) the State Energy Inspection Territorial Inspectorate, if it is an administrative offence pursuant to § 10 (1) (a) or § 10a (1) (a);
(c) the Rail Authority, if it is an administrative offence pursuant to § 10a (1) (b) committed by infringement of a restriction pursuant to § 5 (1) (d);
(d) the Civil Aviation Authority, if it is an administrative offence pursuant to § 10 (1) (b) or § 10a (1) (b) committed by infringement of a restriction pursuant to § 5 (1) (e);
(e) the inspectorate of the Czech Trade Inspection Office, if it is an administrative offence pursuant to § 10a (1) (b) committed by infringement of a restriction pursuant to § 5 (1) (f), (g) or (h),
(f) the customs office where the administrative offence referred to in Article 10a (1) (b) is committed by infringement of the restriction referred to in Article 5 (1) (i),
(g) Administration, if it is an administrative offence pursuant to § 10a (1) (c) to (e).
(6) The police of the Czech Republic will discuss in the block proceedings the offence referred to in § 10 (1) (b) committed by violation of the restriction under § 5 (1) (a), (b) or (c).
(7) If the police of the Czech Republic find, when carrying out a check pursuant to § 8 (5) (a), facts suggesting that an administrative offence has been committed pursuant to § 10a (1) (b) by infringing a restriction under § 5 (1) (b) or (c), they will carry out the necessary steps to document such action and refer the matter to the competent municipal authority of the municipality with extended scope.
(8) The fine shall be payable within 30 days of the date on which the decision to which the fine was imposed becomes final.
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Regulation Information
| Citation | Act No. 161 / 2013 Coll., amending Act No. 189 / 1999 Coll., on Emergency Oil Stocks, on dealing with oil emergencies and amending certain related acts (Act on Emergency Oil Stocks), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2013 |
|---|---|
| Effective from | 01.07.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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