Decree No. 165 / 2013 Coll.
Ordinance on oil types and composition of petroleum products for storage in emergency oil stocks, on the calculation of the level of emergency oil stocks, on storage facilities and on reporting of emergency oil stocks
Valid
Order
Effective from 01.07.2013
165
DECLARATION
of 10 June 2013
on the types of oil and the composition of petroleum products for storage in emergency oil stocks, on calculating the level of emergency oil stocks, on storage facilities and on reporting of emergency oil stocks
The management of the State tangible reserves (hereinafter referred to as the "Administration") provides, pursuant to Article 10d of Act No. 189 / 1999 Coll., on the Emergency Oil Stocks, on the Management of Oil Absence and on the amendment of certain related laws (Act on Emergency Oil Stocks), as amended by Act No. 161 / 2013 Coll. (hereinafter referred to as "the Act") for the implementation of Sections 2 (6), 2a (4), 3 (1) and 9 (1) (n) of the Act:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for:
(a) oil types and composition of petroleum products2) for storage in emergency stocks;
(b) the method of calculating the average daily net imports, the average daily domestic consumption and the method of calculating the level of emergency stocks to be maintained by the Czech Republic;
(c) the method of calculating the oil equivalent;
(d) the authorised volume of storage facilities, the mandatory technical equipment of storage facilities and the requirements for equipment for monitoring the quality of emergency stocks;
(e) the manner in which the list of emergency stocks and statistical reports is kept, the rules for drawing up and submitting statistical reports on the level of emergency stocks to the Commission and the International Energy Agency.
Definition of terms
For the purposes of this decree:
(a) an additive of a non-hydrocarbon compound added to or mixed with the product in such a way as to alter its properties,
(b) biofuel liquid or gaseous propellant for transport produced from biomass;
(c) biomass the result of the biodegradation of products, waste and residues from agriculture (including plant and animal substances), forestry and related industries, as well as the result of the biodegradation of industrial and urban waste.
Oil types and composition of oil products suitable for storage in emergency stocks
(Paragraph 2 (6) of the Law)
In emergency stocks, only the petroleum products listed in the directly applicable European Union Energy Statistics Regulation (3) and the crude oil types which are processed in refineries in the Czech Republic may be stored.
Calculation of the level of emergency stocks
(Paragraph 2 (6) and Article 2a (4) of the Act)
(1) The average daily net imports shall be calculated on the basis of the oil equivalent of the net imports in the previous calendar year in accordance with Annex 1 to this Regulation.
(2) The average daily domestic consumption shall be calculated on the basis of the oil equivalent of domestic consumption in the previous calendar year in accordance with Annex 2 to this Decree for the purposes of calculating the specific stocks under Section 2a of the Act.
(3) For the period 1 January to 30 June of the calendar year, the daily average values of net imports and domestic consumption shall be determined on the basis of the quantities imported or consumed during the penultimate year preceding the calendar year concerned.
(4) The level of the emergency stocks maintained shall be calculated in accordance with Annex 3 to this Decree.
(5) The data referred to in Annex 3 to this Decree shall be used to calculate the level of emergency stocks maintained at a certain time.
(6) Any stocks of oil and petroleum products may be included in the calculation of the emergency stocks of the Czech Republic, provided that these stocks meet the conditions laid down by the law and by this decree.
(7) The calculation unit for all calculations under this decree is a metric tonne (1000 kg), unless otherwise stated.
(8) When calculating the level of emergency and specific stocks, additives and biofuels shall be taken into account only if they have been mixed with the oil products concerned.
(9) When calculating the level of emergency and specific stocks actually maintained, additives and biofuels shall be taken into account where:
(a) have been mixed with the oil products concerned; or
(b) are stored on the territory of the Czech Republic, are intended to be mixed with the oil products concerned and are intended for transport.
Storage facilities
(K § 3 (1) of the Act)
Emergency stocks may only be stored in storage facilities which fulfil the following conditions:
(a) the smallest authorised volume shall be 4 000 m3; for storage facilities for storage of heating oils, the smallest authorised volume shall be 500 m3;
(b) the design of individual tanks shall allow the measurement of the contents of the tank by a specific band or by a specific bar or, where appropriate, another method of measurement in accordance with the construction documentation of the respective tank;
(c) the storage facilities for petroleum products of less than 20 000 m3 volume shall be equipped with a reception and supply facility for filling in automotive tanks with a capacity of at least two sets of automotive tanks at one time with a capacity of 70 m3 per hour. Storage equipment for the storage of heating oils shall be equipped with a reception and supply facility for the reception from automotive or railway tankers and for the supply to automotive or railway tankers,
(d) the storage facilities for petroleum products of more than 20 000 m3 capacity shall be equipped with a reception and supply facility for filling in automotive tanks with a capacity of at least four sets of automotive tanks at one time with a power of 140 m3 per hour, shall be connected to the rail network and equipped with a reception and supply facility for filling up railway tanks, enabling 1 200 m3 of oil and products to be transported in 24 hours. Storage facilities for the storage of heating oils shall be equipped with a reception and supply facility for the reception from automotive or railway tankers and the supply to automotive and railway tankers,
(e) the receiving and dispensing equipment referred to in (c) and (d) must be equipped with a certified oil product flow measuring device (4);
(f) oil storage facilities must be capable of connecting to the pipeline within the territory of the Czech Republic and must be equipped with an installation to measure the quantities of oil received and issued;
(g) equipment intended for dispensing emergency supplies to automotive tanks, railway tanks and for pumping into the pipeline or production network shall be ready to operate within 24 hours of receipt of the request from the Administration;
(h) where emergency stocks are not stored separately from stocks other than emergency stocks, separate monitoring of emergency stocks and the preferred issue of emergency stocks shall be ensured regardless of other stocks stored. Handling of other stocks shall not cause the quantity of emergency stocks to fall or change their quality,
(i) the fuel storage equipment supplied by the manufacturer without additives shall be equipped with a device enabling the fuel to be supplied to the additive. The performance of the equipment shall comply with the conditions set out in points (c) and (d);
(j) the storage facilities must allow for the sampling of emergency stocks to verify their quality according to the Czech technical standard governing liquid petroleum products and the sampling of samples (5). Control analyses of samples to determine the quality of stored emergency stocks shall be carried out in accredited laboratories. The compliance of the results of the control analyses must be consistent with the Czech technical standard governing petroleum products and the determination and use of conformity data in relation to test methods (6).
Method of keeping a list of emergency stocks and statistical reports
[K § 9 (1) (n) of the Act]
(1) The Administration shall process and submit to the Commission monthly a statistical statement of the level of emergency stocks actually maintained on the last day of the calendar month, calculated on the basis of the oil equivalent of the net import of petroleum products, in the case of specific stocks on the basis of the number of domestic consumption days.
(2) Where certain stocks that have been included in the calculation of the level of emergency stocks are kept outside the territory of the Czech Republic, each statement shall detail the stocks maintained in each Member State of the European Union and at the relevant central stock managers on the last day of the period to which the statement relates.
(3) For emergency stocks maintained on the territory of the Czech Republic for other Member States of the European Union or for other central stock managers, the Administration shall draw up and submit to the Commission a statement showing the emergency stocks by product category on the last day of each calendar month. Furthermore, for each product category, the management report shall separately indicate the relevant Member State of the European Union or the central stock manager and the relevant quantities of stocks maintained.
(4) The statistical reports of specific stocks shall include information on the quantity and number of days of average consumption during the reference year.
(5) The statistical reports shall be submitted by the Administration to the Commission during the month following the month to which they relate. At the request of the Commission, the management shall submit a copy of the statement without delay.
(6) The list of emergency stocks shall include the following information:
(a) identification of the owner of the emergency stocks;
(b) the place of storage and the owner of the storage facility;
(c) the quantity and type of oil stored or the quantity and category of petroleum products;
(d) whether the stocks are specific under Article 2a of the Act;
(e) for stocks maintained in the Czech Republic for the benefit of another Member State of the European Union, the name of that State shall be indicated.
(7) The administration will send the Commission a list of emergency stocks containing:
(a) the quantity and type of oil stored or the quantity and category of petroleum products;
(b) whether the stocks are specific under Article 2a of the Act;
(c) for stocks maintained on the territory of the Czech Republic for the benefit of another Member State of the European Union, the name of that State;
by 25 February of the calendar year. The list shall contain the data on the last day of the previous calendar year.
(8) At the request of the Commission, the Administration shall submit a list containing the information referred to in paragraph 6 (c), (d) and (e) within 15 days of receipt of the Commission's request.
Repeal
Decree No. 452 / 2002 Coll., establishing the list and precise specifications of oil, oil feedstocks and selected petroleum products which can be stored in emergency oil stocks, the methods for calculating the amount of the emergency oil stocks and the conditions for their storage shall be deleted.
Efficacy
This decree shall take effect on the first day of the calendar month following its publication.
Chairman:
Ing. Paleník, MBA, Rev.
Příloha č. 1
Annex No 1 to Decree No 165 / 2013 Coll.
METHOD OF CALCULATION OF THE ROPE EQUIVALENT OF FREE IMPORTS OF PETROL PRODUCTS
(1) The oil equivalent of the net import of petroleum products is determined as the sum of the net imports of crude oil, liquid natural gas (LNG), refinery feedstocks and other hydrocarbons (3), calculated and adjusted to take account of any changes in stocks. The result of this sum shall be reduced by one of the following figures corresponding to the yield of primary gasoline:
(a) 4%,
(b) the average yield of primary gasoline; or
(c) the net actual consumption of primary gasoline.
(2) The sum of net imports of all other petroleum products3), with the exception of primary gasoline, is calculated and adjusted to take account of any changes in stocks and multiplied by a coefficient of 1,065.
(3) The resulting sum of the figures from paragraphs 1 and 2 is the oil equivalent.
(4) International maritime containers are not included.
Příloha č. 2
Annex No 2 to Decree No 165 / 2013 Coll.
METHOD OF CALCULATION OF THE ROPE EMPLOYMENT CONSUMPTION EQUIVALENT
(a) Domestic consumption shall be determined as the sum of the gross inland deliveries of aggregates recorded (8) only for the following products (3):
1. motor gasoline,
2. aviation petrol,
3. petrol-type jet fuel;
4. diesel jet fuel,
5. kerosene jet fuel,
6. other kerosene,
7. gas oil,
8. diesel,
9. Fuel oil (high sulphur and low sulphur).
(b) International maritime containers shall not count 7).
(c) The oil equivalent of domestic consumption shall be calculated by multiplying by 1,2.
Příloha č. 3
Annex No 3 to Decree No 165 / 2013 Coll.
METHOD OF CALCULATION OF THE LEVEL OF THE LEVEL OF THE BUSINESS
1) No quantity shall be counted more than once in the emergency stocks.
(2) Stocks of crude petroleum (3) are reduced by 4% corresponding to the average yield of primary naphtha.
(3) Stocks of primary petrol and oil products for international maritime stocks7) are not included.
(4) Other petroleum products3) are included in the emergency stocks according to the following method:
(a) only the following products shall be included in the emergency stocks:
1. motor gasoline,
2. aviation petrol,
3. petrol-type jet fuel;
4. diesel jet fuel,
5. kerosene jet fuel,
6. other kerosene,
7. gas oil,
8. diesel,
9. fuel oil (high sulphur and low sulphur).
Their oil equivalent is calculated by multiplying the quantity by 1,2.
(b) quantities held by:
1. in refinery tanks;
2. in collection terminals,
3. in piping tanks,
4. on cargo boats,
5. in coastal tankers,
6. in tankers in port,
7. in inland vessels,
8. at the bottom of the tanks,
9. As operational supplies.
(c) However, these quantities, with the exception of the quantities held in refinery tanks, piping tanks or collection terminals, may not be included in the calculation of the level of specific stocks, provided that such stocks are calculated separately from the emergency stocks.
(d) The calculation of emergency stocks shall not include:
1. oil not yet extracted;
2. stocks held:
2.1. In pipelines,
2.2. In railway wagons,
2.3. in vessels of seagoing vessels,
2.4. Gas stations and retail outlets,
2.5. Other consumers,
2.6 in tankers at sea,
2.7 as military supplies.
(e) In calculating the emergency stocks, the amount of the calculated level shall be reduced by 10%, covering the average minimum operational needs and non-refundable residues. This reduction shall cover all quantities included in the calculation.
(f) a 10% reduction shall not be applied in the calculation of the level of the specific stocks or the level of the individual categories of specific stocks where those stocks or categories are assessed separately from the emergency stocks.
1) Council Directive 2009 / 119 / EC of 14 September 2009 requiring Member States to maintain minimum stocks of oil or petroleum products. Commission Implementing Directive (EU) 2018 / 1581 of 19 October 2018 amending Council Directive 2009 / 119 / EC as regards methods for calculating obligations to maintain stocks.
2) Regulation (EC) No 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics, as amended.
3) Annex A, Chapter 3.4 of Regulation (EC) No 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics, as amended.
4) Act No. 353 / 2003 Coll., on Consumer Taxes, as amended.
5) EN ISO 3170 (656005).
6) EN ISO 4259 (656003).
7) Annex B, Part 4 of Regulation (EC) No 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics, as amended.
8) Annex C, Section 3.2.2.11 of Regulation (EC) No 1099 / 2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics, as amended.
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Regulation Information
| Citation | Decree No 165 / 2013 Coll., on oil types and composition of petroleum products for storage in emergency oil stocks, on the calculation of the level of emergency oil stocks, on storage facilities and on reporting of emergency oil stocks |
|---|---|
| Regulation Type | Order |
| 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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