Act No. 560 / 2004 Coll.
Act amending Act No. 189 / 1999 Coll., on Emergency Oil Stocks, on dealing with oil emergency and amending certain related acts (Act on Emergency Oil Stocks)
Valid
Law
Effective from 01.12.2004
Text versions:
01.12.2004
09.11.2004
560
THE LAW
of 24 September 2004
amending Act No. 189 / 1999 Coll., on the Emergency Oil Stocks, on dealing with oil emergencies and amending certain related acts (Act on Emergency Oil Stocks)
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 emergencies and on the amendment of certain related acts (Act on Emergency Oil Stocks) is amended as follows:
1. In Article 1, the words "in accordance with the law of the European Community1 'shall be inserted after the words" the law shall be amended'.
footnote 1 is replaced by the following:
"(1) Council Directive 68 / 414 / EEC of 20 December 1968 imposing an obligation on the Member States of the EEC to maintain minimum stocks of oil or petroleum products, as amended by Council Directive 98 / 93 / EC. Council Directive 73 / 238 / EEC of 24 July 1973 on measures to mitigate the consequences of difficulties in the supply of oil and petroleum products. '
footnote (1) shall be renumbered footnote (1a), including the footnote reference.
2. Paragraph 2 (2) reads as follows:
"(2) The level of the emergency oil stocks for each category of selected petroleum products referred to in paragraph 5 shall, as from 31 December 2005, be permanently at least 90 days' average consumption in the preceding calendar year, but not less than 90 days' average net imports of crude oil and petroleum products of the Czech Republic. Net imports of crude oil and petroleum products are imports of petroleum and petroleum products, less exports of crude oil and petroleum products. ';
3. In Article 2, the following paragraph 3 is inserted after paragraph 2:
"(3) The amount of the emergency stocks for each category of selected petroleum products referred to in paragraph 5 shall be permanently achieved by:
(a) starting from the date of entry into force of this Act, at least 80 days' average consumption in the previous calendar year;
(b) from 31 December 2004 at a level of at least 85 days' average consumption in the preceding calendar year. "
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
4. In Paragraph 2 (5), the words "The selected petroleum products are considered 'are replaced by the words" Selected petroleum products are divided into the following categories:'.
5. In Paragraph 2 (7), "paragraphs 2 and 7 'are replaced by" paragraphs 2 and 8';
6. In Paragraph 2 (8), at the end of point (c), the dot is replaced by a comma and the following points (d) to (f) are added:
"(d) outstanding oil deposits located in the Czech Republic,
(e) in containers of seagoing vessels; or
(f) held by small consumers. ';
7. In Article 2, the following paragraph 9 is added:
"(9) The amount of the emergency stocks of oil and petroleum products to be maintained by the Czech Republic shall be converted by 31 March of each year according to consumption and net import in the previous calendar year. In the event that, after such conversion, the stocks referred to in paragraph 2 are not reached, the Czech Republic shall ensure that they are reached by 31 July of the calendar year concerned at the latest. ';
8. In Paragraph 3 (3), the words "holder of a licensed trade or holder 'are replaced by the words" legal person or an undertaking of a natural person who has the right to do so or has the right to do so'.
9. Paragraph 3 (4) reads as follows:
"(4) The Government shall be entitled to consent to the storage of emergency oil stocks in the territory of another Member State which is a member of the European Union if it enters into an agreement with that State on the storage of emergency oil stocks. The proposal for this agreement will be sent by the Administration, on behalf of the Czech Republic, to the European Commission (hereinafter referred to as" the Commission '), which will subsequently inform it of the conclusion of the agreement. Emergency stocks of oil of another Member State may be stored in the territory of the Czech Republic if the government enters into an agreement to store emergency stocks of oil of another Member State in the territory of the Czech Republic. "
10. In Article 3, paragraphs 5 to 8 are added:
"(5) The agreement on the storage of emergency oil stocks in the territory of another Member State shall be concluded for an indefinite period and shall include an obligation on the territory of another Member State in whose territory emergency oil stocks are stored not to prevent imports of such stocks into the Czech Republic if necessary. If the agreement allows a unilateral statement, it shall contain a provision that the statement is not effective at the time of the oil emergency; It shall immediately inform the Commission of any termination of the Agreement by the Administration on behalf of the Czech Republic.
(6) 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 negotiate, on behalf of the Czech Republic, a contract with a legal person or a natural person authorised to store emergency oil stocks, in which particular:
(a) the place of storage;
(b) the quantities of oil stored and the quantities and categories of petroleum products;
(c) conditions for the storage, maintenance, control and availability of emergency oil stocks;
(d) procedures to ensure control and identification of stocks.
(7) The amount of the emergency oil stocks stored under the agreement and contract referred to in paragraphs 5 and 6 shall be included in the total amount of the emergency oil stocks of the Czech Republic except for the emergency oil stocks of another Member State stored in the territory of the Czech Republic.
(8) The storage of emergency oil stocks for another Member State in the territory of the Czech Republic shall be possible only in accordance with the agreement on the storage of emergency oil stocks of another Member State in the territory of the Czech Republic and on the basis of a contract concluded with a legal person or an undertaking by a natural person authorised under paragraph 3; paragraphs 5 and 6 shall apply mutatis mutandis to the agreement and the contract on the storage of emergency oil stocks of another Member State in the territory of the Czech Republic. '
11. in Article 6 (2), the words "right of management" are replaced by the words "right of business";
12.
Information obligation
At the time of the imminent oil emergency, at the time of the oil emergency and at the times when the average monthly supply 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, importers, processors, distributors of oil and petroleum products and entities which take over oil deposits in the Czech Republic are required to transmit information on their imports, exports and stocks of crude oil and petroleum products, their processing and the extraction of oil, upon request by the Administration and within the deadlines set in this request. This information shall be provided on request to the Administration in the course of oil emergency exercises. '
13. in Article 9, at the end of point (d), the dot is replaced by a comma and the following points (e) to (i) are added:
"(e) shall be responsible for the annual conversion of the amount of the emergency stocks of crude oil and petroleum products referred to in Article 2 (9) and the resulting amount of the emergency stocks of crude oil set out in Article 2 (2) at the dates set out in Article 2 (9);
(f) 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, including a breakdown into aggregated and individual data provided by the bodies referred to in Article 7;
(g) inform the Commission without delay of any imminent or realised drop in the emergency oil stocks below the mandatory minimum, indicating the reason for such decline and the measures taken to replenish the stocks, including the planned date for reaching their full amount;
h) elaborates a plan according to which the Czech Republic will proceed in the event of an oil emergency;
(i) carry out the tasks for the Czech Republic under the Agreement on the International Energy programme4) and which fall within the competence of the Administration.
4) Agreement on the International Energy Programme, published under No 46 / 2001 Coll. s. "
That law shall take effect on the first day of the calendar month following its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 560 / 2004 Coll., amending Act No. 189 / 1999 Coll., on Emergency Oil Stocks, on dealing with oil emergency and amending certain related acts (Act on Emergency Oil Stocks) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2004 |
|---|---|
| Effective from | 01.12.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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