European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These regulations shall be cited as the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974, and shall come into operation on the 18th day of November, 1974.
num: 2
paragraphs: In these Regulations—
"large oil consumer" means, in relation to an undertaking in a particular year, any undertaking which in the preceding year purchased not less than 20,000 tonnes of petroleum oils for its own consumption in the State and not for resale in the State;
the "Minister" means the Minister for Transport and Power;
"oil importer" means, in relation to an undertaking in a particular year, any undertaking which in the preceding year imported not less than 5,000 tonnes of petroleum oils for its own consumption in the State or for resale in the State.
num: 3
paragraphs: For the purpose of these regulations "petroleum oils" shall include the following categories of product where not intended for bunkers of a sea-going vessel—
( a ) motor spirit (including jet fuel of the gasolene type and aviation spirit),
( b ) gas oil, diesel oil and kerosene (including jet fuel of the kerosene type),
( c ) fuel oil.
num: 4
paragraphs: (1) ( a ) Where an oil importer imports for use in the State petroleum oils of a category mentioned in regulation 3 of these regulations, he shall at all times maintain a stock of petroleum oils of that category equal in amount to not less than 55 times his average daily sales for internal consumption of that category in the preceding year.
( b ) In calculating stocks for the purpose of subparagraph (a) of this paragraph, an oil importer may include stocks maintained in pursuance of paragraph (2) of this regulation by a large oil consumer supplied by him, and where a particular large oil consumer is supplied by two or more oil importers the stocks maintained by that consumer shall, for the purpose of such calculation, be allocated to those importers in the proportion in which those importers supplied that consumer in the preceding year concerned.
(2) ( a ) Subject to subparagraphs (b) and (c) of this paragraph, where a large oil consumer consumes in the State petroleum oils of a category mentioned in regulation 3 of these regulations, he shall at all times maintain a stock of petroleum oils of that category equal in amount to not less than 55 times his average daily consumption in the State in the preceding year.
( b ) Where a large oil consumer satisfies the Minister that he is unable to comply with subparagraph (a) of this paragraph, the Minister may consent to the maintenance by that consumer of a reduced stock for such period as is necessary to enable that consumer to make the necessary arrangements for the maintenance of the stock required by the said subparagraph (a).
( c ) Where the Minister consents under subparagraph (b) of this paragraph to the maintenance of a reduced stock, the stock held pursuant to paragraph (1) of this regulation by the oil importer who supplies the consumer concerned shall include a stock held on that consumer's behalf of petroleum oil of the relevant category mentioned in regulation 3 of these regulations equal in amount to the amount by which that consumer's stock of that category falls below the stock he is required to maintain under subparagraph (a) of this paragraph.
num: 5
paragraphs: When calculating stocks of petroleum oils for the purpose of regulation 4 of these regulations, crude oil and intermediate products held by an oil importer or large oil consumer may be taken into account and when taken into account shall be accounted for in such of the following methods as the Minister determines in writing from time to time and notifies to the oil importer or large oil consumer concerned—
( a ) in the proportion of the quantities of each category of product obtained in the relevant preceding year from the refineries in the State, or
( b ) on the basis of the production programmes of the refineries in the State in the particular year concerned, or
( c ) on the basis that not more than 90 per cent. of the stocks shall be designated as falling within whichever of the categories in regulation 3 of these regulations is chosen by the oil importer or large oil consumer, subject to the limitation that the foregoing shall apply to not more than 40 per cent. of the total obligation for the categories in paragraphs (a) and (b) of regulation 3 of these regulations and to not more than 50 per cent. of the total obligation of the category in paragraph (c) of that regulation.
num: 6
paragraphs: (1) Where the Government has made an agreement with the Government of another member state of the European Communities for the purpose of implementing Council Directive 68/414/EEC,* an oil importer or large oil consumer may, subject to paragraph (2) of this regulation, in accordance with the terms of the agreement, maintain stocks of petroleum oils required to be maintained by these regulations in the territory of that other state for his own account.
*OJ No. L308/14, 23.12.68.
(2) Where under an agreement referred to in paragraph (1) of this regulation an oil importer proposes to maintain stocks of petroleum oils outside the State, he shall submit such proposals to the Minister for his approval.
num: 7
paragraphs: (1) Notwithstanding regulation 4 of these regulations, the Minister may, in a case of particular urgency or in order to meet minor local needs, permit an oil importer or a large oil consumer so to draw on the stocks of petroleum oils which that importer or consumer maintains under that regulation as to reduce the stocks below the level required by that regulation.
(2) Where a permission is granted under this regulation, the Minister shall fix the maximum amount by which and the maximum period during which the stocks may be reduced.
num: 8
paragraphs: (1) Each oil importer shall furnish in writing to the Minister in such form as the Minister may require within fourteen days after the end of each month a statistical return, certified by a director, secretary or other person acceptable to the Minister, containing information, expressed in tonnes, about the following matters:—
( a ) (i) the stocks held at the end of that month by him or on his behalf and indicating by whom, and
(ii) any stocks held at the end of that month by him on behalf of each large oil consumer supplied by him of—
(A) crude oil and intermediate products including a statement of how they have been accounted for under regulation 5 of these regulations, and
(B) each category of petroleum oils mentioned in regulation 3 of these regulations,
( b ) all sales in respect of each category of petroleum oils mentioned in regulation 3 of these regulations made by him in that month, giving details of sales to each large oil consumer.
(2) Each large oil consumer shall furnish in writing to the Minister in such form as the Minister may require within fourteen days after the end of each month a statistical return certified by a director, secretary or other person acceptable to the Minister, containing information, expressed in tonnes, about the following matters:—
( a ) stocks held at the end of that month by him or on his behalf and indicating by whom of—
(i) crude oil and intermediate products including a statement of how they have been accounted for under regulation 5 of these regulations, and
(ii) each category of petroleum oils mentioned in regulation 3,
( b ) his consumption during that month.
num: 9
paragraphs: (1) When compiling a return required by regulation 8 of these regulations, an oil importer or large oil consumer shall include the following if they are in his beneficial ownership—
( a ) stocks on board oil tankers in a port in the State awaiting unloading after completion of port formalities,
( b ) stocks stored in an unloading port in the State,
( c ) stocks contained in tanks at the entry to oil pipe-lines,
( d ) stocks in the crude oil storage tanks of refineries (other than in refinery pipes and processing installations),
( e ) stocks in storage tanks of refineries or of importing, stocking or other enterprises storing on behalf of refineries,
( f ) stocks in barges and coastal vessels, whether in a port in the State or in the course of transportation from one place in the State to another such place,
( g ) blending components intended for processing into petroleum oils.
(2) When compiling a return required by regulation 8 of these regulations, an oil importer or large oil consumer shall not include the following:—
( a ) petroleum oils in road tankers or rail tank wagons or in storage tanks of distribution stations,
( b ) petroleum oil supplies held by or for the Defence Forces.
num: 10
paragraphs: (1) The Minister may appoint such and so many of his officers and such and so many other persons as he thinks fit to be authorised officers for the purposes of these regulations.
(2) Every authorised officer shall be furnished with a warrant of his appointment as an authorised officer and, when exercising any power conferred on him by regulation 11 of these regulations, shall, if requested by any person affected, produce the warrant to that person.
num: 11
paragraphs: An authorised officer may, for the purpose of obtaining any information which the Minister may require for enabling him to exercise his functions under these regulations, do any one or more of the following things—
( a ) at all reasonable times enter premises of an oil importer or a large oil consumer, inspect the premises, tanks and any storage receptacles and ascertain any quantities of petroleum oils held in such tanks or receptacles,
( b ) require the importer or consumer to produce to him any books, documents or records relating to or in connection with his sales or consumption of petroleum oils which are in his power or control and to give such information as the officer may reasonably require in relation to any entries in such books, documents or records,
( c ) inspect any copy or take extracts from such books, documents or records,
( d ) require the importer or consumer to give to him any other information which he may reasonably require in regard to anything referred to in this paragraph.
num: 12
paragraphs: (1) Any person who contravenes or attempts to contravene a provision in these regulations shall be guilty of an offence.
(2) Any person who obstructs or impedes an authorised officer in the exercise of his powers under regulation 11 of these regulations or who does not comply, with a requirement of an authorised officer under that regulation shall be guilty of an offence.
(3) Where an offence under these regulations is committed by a body corporate and is proved to have been committed with the consent or approval of, or to have been facilitated by any wilful neglect on the part of, any director, manager, secretary, or other officer of the body corporate, the director, manager, secretary or other officer shall also be guilty of an offence.
(4) Every person who commits an offence under these regulations shall be liable on summary conviction to a fine not exceeding £100 (together with, in the case of a continuing offence, a fine not exceeding £10 for every day on which the offence is continued ) or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fines and such imprisonment.
(5) An offence under these regulations may be prosecuted by the Minister.