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►B COUNCIL DIRECTIVE 2009/119/EC  
of 14 September 2009  
imposing an obligation on Member States to maintain minimum stocks of crude oil and/or 
petroleum products  
(OJ L 265, 9.10.2009, p. 9)  
Amended by:  
Official Journal  
No page  date  
►M1 Commission Implementing Directive (EU) 2018/1581 of 19 October 
2018  L 263  57  22.10.2018  
►M2 Regulation (EU) 2018/1999 of the European Parliament and of the 
Council of 11 December 2018  L 328  1  21.12.2018  02009L0119 — EN — 01.01.2020 — 002.002 — 1
02009L0119 — EN — 01.01.2020 — 002.002 — 2  
COUNCIL DIRECTIVE 2009/119/EC  
of 14 September 2009  
imposing an obligation on Member States to maintain minimum 
stocks of crude oil and/or petroleum products  
Article 1  
Objective  
This Directive lays down rules aimed at ensuring a high level of 
security of oil supply in the Community through reliable and transparent 
mechanisms based on solidarity amongst Member States, maintaining 
minimum stocks of crude oil and/or petroleum products and putting in 
place the necessary procedural means to deal with a serious shortage.  
Article 2  
Definitions  
For the purposes of this Directive:  
(a) ‘reference year’ means the calendar year of the consumption or of 
the net import data used to calculate either the stocks to be held or 
the stocks actually held at a given time;  
(b) ‘additives’ means non-hydrocarbon compounds added to or blended 
with a product to modify its properties;  
(c) ‘biofuel’ means liquid or gaseous fuel for transport produced from 
biomass, ‘biomass’ being the biodegradable fraction of products, 
waste and residues from agriculture (including vegetable and 
animal substances), forestry and related industries, as well as the 
biodegradable fraction of industrial and municipal waste;  
(d) ‘inland consumption’ means the total quantities, calculated 
according to Annex II, delivered within a country for both 
energy and non-energy use; this aggregate includes deliveries to 
the transformation sector and deliveries to industry, transport, 
households and other sectors for ‘final’ consumption; it also 
includes the own consumption of the energy sector (except 
refinery fuel);  
(e) ‘effective international decision to release stocks’ means any 
decision in force taken by the Governing Board of the International 
Energy Agency to make crude oil or petroleum products available 
to the market by a release of its members 'stocks and/or additional 
measures;  
(f) ‘central stockholding entity’ (CSE) means the body or service upon 
which powers may be conferred to act to acquire, maintain or sell 
oil stocks, including emergency stocks and specific stocks;  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 3  
(g) ‘major supply disruption’ means a substantial and sudden drop in 
the supply of crude oil or petroleum products to the Community or 
to a Member State, irrespective of whether or not it has led to an 
effective international decision to release stocks;  
(h) ‘international marine bunkers’ has the meaning given in Section 2.1 
of Annex A to Regulation (EC) No 1099/2008;  
▼M1 
(i) ‘oil stocks’ means stocks of the energy products listed in Chapter 
3.4 of Annex A to Regulation (EC) No 1099/2008;  
▼B 
(j) ‘emergency stocks’ means the oil stocks that each Member State is 
required to maintain pursuant to Article 3;  
(k) ‘commercial stocks’ means those oil stocks held by economic 
operators which are not a requirement under this Directive;  
(l) ‘specific stocks’ means oil stocks that meet the criteria set out in 
Article 9;  
(m) ‘physical accessibility’ means arrangements for locating and trans ­
porting stocks to ensure their release or effective delivery to end 
users and markets within time frames and conditions conducive to 
alleviating the supply problems which may have arisen.  
The definitions set out in this Article may be clarified or amended in 
accordance with the regulatory procedure referred to in Article 23(2).  
Article 3  
Emergency stocks — Calculating stockholding obligations  
1. Member States shall adopt such laws, regulations or administrative 
provisions as may be appropriate in order to ensure, by 31 December 
2012, that the total oil stocks maintained at all times within the 
Community for their benefit correspond, at the very least, to 90 days 
of average daily net imports or 61 days of average daily inland 
consumption, whichever of the two quantities is greater.  
2. The average daily net imports to be taken into account shall be 
calculated on the basis of the crude oil equivalent of imports during the 
previous calendar year, determined in accordance with the method and 
procedures set out in Annex I.  
The average daily inland consumption to be taken into account shall be 
calculated on the basis of the crude oil equivalent of inland consumption 
during the previous calendar year, established and calculated in 
accordance with the method and procedures set out in Annex II.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 4  
3. However, notwithstanding paragraph 2, the daily averages of net 
imports and inland consumption, as referred to in that paragraph, shall 
be determined, as regards the period from 1 January to 30 June of each 
calendar year, on the basis of the quantities imported or consumed 
during the last year but one before the calendar year in question.  
▼B 
4. The methods and procedures for calculating stockholding 
obligations, as referred to in this Article, may be amended in accordance 
with the regulatory procedure referred to in Article 23(2).  
Article 4  
Calculating stock levels  
1. The levels of stocks held shall be calculated using the methods set 
out in Annex III. When calculating stock levels for each category held 
pursuant to Article 9, those methods shall apply only to the products in 
the category in question.  
2. The levels of stocks held at a given time shall be calculated using 
data from the reference year determined in accordance with the rules set 
out in Article 3.  
3. Any oil stocks may be included simultaneously in both the calcu ­
lation of a Member State’s emergency stocks and the calculation of its 
specific stocks provided that those oil stocks satisfy all the conditions 
laid down in this Directive for both types of stocks.  
4. The methods and procedures for calculating stock levels, as 
referred to in paragraphs 1 and 2, may be amended in accordance 
with the regulatory procedure referred to in Article 23(2). In particular, 
it may prove necessary and beneficial to amend those methods and 
procedures, including the application of the reduction provided for in 
Annex III, in order to ensure coherence with IEA practice.  
Article 5  
Availability of stocks  
1. At all times, Member States shall ensure that emergency stocks 
and specific stocks are available and physically accessible for the 
purposes of this Directive. They shall establish arrangements for the 
identification, accounting and control of those stocks so as to allow 
them to be verified at any time. This requirement also applies to any 
emergency stocks and specific stocks that are commingled with other 
stocks held by economic operators.  
Member States shall take all necessary measures to prevent all obstacles 
and encumbrances that could hamper the availability of emergency 
stocks and specific stocks. Each Member State may set limits or ad ­
ditional conditions on the possibility of its emergency stocks and 
specific stocks being held outside its territory.  ▼M1
 02009L0119 — EN — 01.01.2020 — 002.002 — 5  
2. Where there is reason to implement the emergency procedures 
provided for in Article 20, Member States shall prohibit, and refrain 
from taking, any measure hindering the transfer, use or release of 
emergency stocks or specific stocks held within their territory on 
behalf of another Member State.  
Article 6  
Register of emergency stocks — Annual report  
1. Each Member State shall keep a continually updated and detailed 
register of all emergency stocks held for its benefit which do not 
constitute specific stocks.  ►M1 That register shall contain, in 
particular, information needed to pinpoint the depot, refinery or 
storage facility where the stocks in question are located, as well as 
the quantities involved, the owner of the stocks and their nature, with 
reference to the categories identified in Chapter 3.4 of Annex A to 
Regulation (EC) No 1099/2008. ◄ 
▼M2 
2. By 15 March each year, each Member State shall send the 
Commission a summary copy of the stock register referred to in 
paragraph 1 showing at least the quantities and nature of the 
emergency stocks included in the register on the last day of the 
preceding calendar year.  
▼B 
3. Member States shall also send the Commission a full copy of the 
register within 15 days of a request by the Commission; in this copy 
sensitive data relating to the location of stocks may be withheld. Such 
requests may be made no later than 5 years after the date to which the 
requested data relate, and may not bear upon data relating to any period 
preceding 1 January 2013.  
Article 7  
Central stockholding entities  
1. Member States may set up CSEs.  
No Member State may set up more than one CSE or any other similar 
body. A Member State may set up its CSE at any location within the 
Community.  
Where a Member State sets up a CSE, it shall take the form of a body 
or service without profit objective and acting in the general interest and 
shall not be considered to be an economic operator within the meaning 
of this Directive.  
2. The main purpose of the CSE shall be to acquire, maintain and 
sell oil stocks for the purposes of this Directive or for the purpose of 
complying with international agreements concerning the maintenance of 
oil stocks. It is the only body or service upon which powers may be 
conferred to acquire or sell specific stocks.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 6  
3. CSEs or Member States may, for a specified period, delegate tasks 
relating to the management of emergency stocks and, with the exception 
of sale and acquisition, of specific stocks, but only to:  
(a) another Member State within whose territory such stocks are located 
or the CSE set up by that Member State. Tasks thus delegated may 
not be subdelegated to other Member States or to CSEs set up by 
them. The Member State that set up the CSE, as well as each 
Member State within whose territory the stocks will be held, has 
the right to make the delegation conditional upon its authorisation;  
(b) economic operators. Tasks thus delegated may not be subdelegated. 
Where such a delegation, or any change or extension to that 
delegation, involves tasks relating to the management of 
emergency and specific stocks held in another Member State, it 
must be authorised in advance both by the Member State on 
whose account the stocks are held and by all Member States 
within whose territories the stocks will be held.  
4. Each Member State having a CSE shall require it, for the purposes 
of Article 8(1) and (2), to publish:  
(a) on an ongoing basis, full information, broken down by product 
category, on the stock volumes that it can undertake to maintain 
for economic operators, or, where appropriate, interested CSEs;  
(b) at least 7 months in advance, the conditions subject to which it is 
willing to provide services related to maintaining the stocks for 
economic operators. Τhe conditions under which services may be 
provided, including conditions relating to scheduling, may also be 
determined by competent national authorities or following a 
competitive procedure intended to determine the best bid among 
operators or, where appropriate, interested CSEs.  
CSEs shall accept such delegations under objective, transparent and 
non-discriminatory conditions. Payments by the operators for the 
services of the CSE shall not exceed the full costs of the services 
rendered and may not be required until the stocks are constituted. 
The CSE may make its acceptance of a delegation conditional upon 
the operator’s provision of a guarantee or some other form of security.  
Article 8  
Economic operators  
1. Each Member State shall ensure that any economic operator on 
which it imposes stockholding obligations in order to fulfil its obli ­
gations under Article 3 is given the right to delegate those obligations 
at least in part and at the choice of the economic operator, but only to:  
(a) the CSE of the Member State on whose account such stocks are 
held;  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 7  
(b) one or more other CSEs which have in advance declared themselves 
willing to hold such stocks, provided that such delegations have 
been authorised in advance both by the Member State on whose 
account such stocks are held and by all Member States within 
whose territories the stocks will be held;  
(c) other economic operators which have surplus stocks or available 
stockholding capacity outside of the territory of the Member State 
on whose account the stocks are held within the Community, 
provided that such delegation has been authorised in advance both 
by the Member State on whose account such stocks are held and by 
all Member States within whose territories the stocks will be held; 
and/or  
(d) other economic operators which have surplus stocks or available 
stockholding capacity within the territory of the Member State on 
whose account the stocks are held, provided that such delegation 
has been communicated in advance to the Member State. Member 
States may impose limits or conditions on such delegations.  
Obligations delegated in accordance with points (c) and (d) may not be 
subdelegated. Any change to or extension of a delegation referred to in 
points (b) and (c) shall only take effect if authorised in advance by all 
Member States which authorised the delegation. Any change to or 
extension of a delegation referred to in point (d) shall be treated as a 
new delegation.  
2. Each Member State may restrict the delegation rights of the 
economic operators on which it imposes or has imposed stockholding 
obligations.  
However, where such restrictions limit the delegation rights of an 
economic operator to amounts corresponding to less than 10 % of the 
stockholding obligation imposed on it, the Member State shall ensure 
that it has set up a CSE that is required to accept delegations in respect 
of the amount needed to safeguard the right of an economic operator to 
delegate at least 10 % of the stockholding obligation imposed on it.  
The minimum percentage referred to in this paragraph shall be increased 
from 10 % to 30 % by 31 December 2017.  
3. Notwithstanding the provisions of paragraphs 1 and 2, a Member 
State may impose an obligation on an economic operator to delegate at 
least part of its stockholding obligation to the CSE of the Member State.  
4. Member States shall take the necessary measures to inform 
economic operators of the modalities to be used to calculate the stock ­
holding obligations imposed on them no later than 200 days prior to the 
start of the period to which the obligation in question relates. Economic 
operators shall exercise their right to delegate stockholding obligations 
to CSEs no later than 170 days prior to the start of the period to which 
the obligation in question relates.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 8  
Where economic operators are informed less than 200 days before the 
start of the period to which the stockholding obligation relates, they 
may exercise their right to delegate that obligation at any time.  
Article 9  
Specific stocks  
1. Each Member State may undertake to maintain a minimum level 
of oil stocks, calculated in terms of number of days of consumption, in 
accordance with the conditions set out in this Article.  
Specific stocks shall be owned by the Member State or the CSE set up 
by it and shall be maintained on the territory of the Community.  
▼M1 
2. Specific stocks can only be composed of one or more of the 
following product categories, as defined in Chapter 3.4 of Annex A 
to Regulation (EC) No 1099/2008:  
▼B 
— Ethane  
— LPG  
— Motor gasoline  
— Aviation gasoline  
— Gasoline-type jet fuel (naphtha-type jet fuel or JP4)  
— Kerosene-type jet fuel  
— Other kerosene  
— Gas/diesel oil (distillate fuel oil)  
— Fuel oil (high sulphur content and low sulphur content)  
— White spirit and SBP  
— Lubricants  
— Bitumen  
— Paraffin waxes  
— Petroleum coke  
3. Petroleum products constituting specific stocks shall be identified 
by each Member State on the basis of the categories listed in paragraph 
2. Member States shall ensure that, for the reference year determined in 
accordance with the rules set out in Article 3 and concerning the 
products included in the categories used, the crude oil equivalent of 
quantities consumed in the Member State is at least equal to 75 % of 
inland consumption calculated using the method set out in Annex II.  
For each of the categories chosen by the Member State, the specific 
stocks it undertakes to maintain shall correspond to a given number of 
days of average daily consumption measured on the basis of their crude 
oil equivalent during the reference year determined in accordance with 
the rules set out in Article 3.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 9  
The crude oil equivalents referred to in the first and second subpara ­
graphs are calculated by multiplying by a factor of 1,2 the sum of the 
aggregate ‘observed gross inland deliveries’, as defined in Section 
3.2.2.11 of Annex C to Regulation (EC) No 1099/2008, for the 
products included in the categories used or concerned. International 
marine bunkers are not included in the calculation.  
▼B 
4. Each Member State that has decided to maintain specific stocks 
shall send the Commission a notice to be published in the  Official 
Journal of the European Union , specifying the level of such stocks 
that it has undertaken to maintain and the duration of such undertaking 
which shall be at least 1 year. The notified minimum level shall apply 
equally to all categories of specific stocks used by the Member State.  
The Member State shall ensure that such stocks are held the full length 
of the notified period without prejudice to the right of the Member State 
to undergo temporary reductions due solely to individual stock replace ­
ment operations.  
The list of categories used by a Member State shall remain in effect for 
at least 1 year and may be amended only with effect on the first day of 
a calendar month.  
5. Each Member State that has not made a commitment for the full 
length of a given calendar year to maintain at least 30 days of specific 
stocks shall ensure that at least one-third of their stockholding obligation 
is held in the form of products composed in accordance with paragraphs 
2 and 3.  
A Member State for which less than 30 days of specific stocks are held 
shall draw up an annual report analysing the measures taken by its 
national authorities to ensure and verify the availability and physical 
accessibility of its emergency stocks as referred to in Article 5 and shall 
document in the same report arrangements made to allow the Member 
State to control the use of these stocks in case of oil supply disruptions. 
That report shall be sent to the Commission by the end of the first 
month of the calendar year to which it relates.  
Article 10  
Managing specific stocks  
1. Each Member State shall keep a continually updated and detailed 
register of all specific stocks held within its territory. That register shall 
contain, in particular, all information needed to pinpoint the exact 
location of the stocks in question.  
Member States shall also send the Commission a copy of the register 
within 15 days of a request by the Commission. In this copy, sensitive 
data relating to the location of stocks may be withheld. Such requests 
may be made no later than 5 years after the date to which the requested 
data relate.  ▼M1
 02009L0119 — EN — 01.01.2020 — 002.002 — 10  
2. Where specific stocks are commingled with other oil stocks, 
Member States or their CSEs shall make the necessary arrangements 
to prevent those commingled products from being moved, to the extent 
of the proportion constituting specific stocks, without prior written auth ­
orisation by the owner of the specific stocks and by the authorities of, or 
the CSE established by, the Member State in whose territory the stocks 
are located.  
3. Member States shall take the necessary measures to confer uncon ­
ditional immunity from enforcement action on all specific stocks main ­
tained or transported within their territory, irrespective of whether those 
stocks are owned by them or by other Member States.  
Article 11  
The effect of delegations  
The delegations referred to in Articles 7 and 8 shall in no way alter the 
obligations incumbent upon each Member State pursuant to this 
Directive.  
Article 12  
Statistical summaries of stocks covered by Article 3  
1. With regard to the levels of stocks to be held pursuant to Article 3, 
each Member State shall draw up statistical summaries and submit them 
to the Commission in accordance with the rules set out in Annex IV.  
2. The rules for drawing up the summaries referred to in paragraph 1, 
their scope, content and frequency and the deadlines for their 
submission may be amended in accordance with the regulatory 
procedure referred to in Article 23(2). The rules for submitting those 
summaries to the Commission may also be amended in accordance with 
the regulatory procedure referred to in Article 23(2).  
3. Member States may not include quantities of crude oil or 
petroleum products which are subject to a seizure order or enforcement 
action in their statistical summaries of emergency stocks. This also 
applies to stocks owned by companies that are bankrupt or have 
entered into an arrangement with creditors.  
Article 13  
Statistical summaries of specific stocks  
1. Each Member State concerned shall draw up and submit to the 
Commission a statistical summary, for each product category, showing 
the specific stocks existing on the last day of each calendar month and 
specifying the quantities and the number of days of average 
consumption in the reference year which those stocks represent. If 
some of those specific stocks are held outside a Member State’s 
territory, it shall provide details of the stocks maintained in or by the 
various Member States and CSEs concerned. It shall also provide a 
detailed indication of whether it owns all of those stocks or whether 
they are owned, in whole or in part, by its CSE.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 11  
2. Each Member State concerned shall also draw up and submit to 
the Commission a summary of the specific stocks located within its 
territory and owned by other Member States or CSEs, showing the 
stocks existing on the last day of each calendar month and broken 
down into the product categories identified pursuant to Article 9(4). 
In that summary, the Member State shall also indicate, in each case, 
the Member State or CSE concerned and the quantities involved.  
3. The statistical summaries referred to in paragraphs 1 and 2 shall be 
submitted during the calendar month following that to which they relate.  
4. Copies of the statistical summaries shall also be sent immediately 
upon request by the Commission. Such requests may be made no later 
than 5 years after the date to which the data in question relate.  
5. The scope, content and frequency of the statistical summaries and 
the deadlines for their submission may be amended in accordance with 
the regulatory procedure referred to in Article 23(2). The rules for 
submitting those summaries to the Commission may also be amended 
in accordance with the regulatory procedure referred to in Article 23(2).  
Article 14  
Summaries of commercial stocks  
1. Member States shall send the Commission a monthly statistical 
summary of the levels of commercial stocks held within their national 
territory. When doing so, they shall ensure that sensitive data are 
protected and shall abstain from mentioning the names of the owners 
of the stocks concerned.  
2. Using aggregate levels, the Commission shall publish a monthly 
statistical summary of the commercial stocks in the Community on the 
basis of the summaries submitted by the Member States.  
3. The rules for submitting and publishing the statistical summaries, 
as well as for their frequency, may be amended in accordance with the 
regulatory procedure referred to in Article 23(2).  
Article 15  
Data processing  
The Commission shall be responsible for developing, hosting, managing 
and maintaining the IT resources needed to receive, store and carry out 
any processing of the data provided in the statistical summaries, all 
other information submitted by Member States or gathered by the 
Commission pursuant to this Directive and any data on oil stocks 
gathered pursuant to Regulation (EC) No 1099/2008 and needed for 
the purpose of drawing up the summaries required by this Directive.  
Article 16  
Biofuels and additives  
1. When calculating stockholding obligations under Articles 3 and 9 
biofuels and additives shall be taken into account only where they have 
been blended with the petroleum products concerned.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 12  
2. When calculating the stock levels actually maintained, biofuels 
and additives shall be taken into account when:  
(a) they have been blended with petroleum products concerned; or  
(b) they are stored on the territory of the Member State concerned, 
provided that the Member State has adopted rules ensuring that 
they are to be blended with petroleum products held pursuant to 
stockholding requirements set out in this Directive and that they are 
to be used in transportation.  
3. The rules for taking biofuels and additives into account when 
calculating stockholding obligations and stock levels, as laid down in 
paragraph 1 and 2, may be amended in accordance with the regulatory 
procedure referred to in Article 23(2).  
Article 17  
Coordination Group for oil and petroleum products  
1. A Coordination Group for oil and petroleum products is hereby set 
up (hereinafter the ‘Coordination Group’). The Coordination Group is a 
consultative Group that shall contribute to analysing the situation within 
the Community with regard to security of supply for oil and petroleum 
products and facilitate the coordination and implementation of measures 
in that field.  
2. The Coordination Group shall be made up of representatives of the 
Member States. It shall be chaired by the Commission. Representative 
bodies from the sector concerned may take part in the work of the 
Coordination Group at the invitation of the Commission.  
Article 18  
Reviews of emergency preparedness and stockholding  
1. The Commission may, in coordination with Member States, carry 
out reviews to verify their emergency preparedness and, if considered 
appropriate by the Commission, related stockholding. When preparing 
for such reviews, the Commission shall take into account efforts 
undertaken by other institutions and international organisations and 
consult the Coordination Group.  
2. The Coordination Group may agree on the participation of auth ­
orised agents and representatives of other Member States in the reviews. 
Designated national officials of the reviewed Member State may 
accompany the persons performing the review. Within 1 week 
following the announcement of a review referred to in paragraph 1, 
any Member State concerned that has not provided the Commission 
with sensitive data relating to the location of stocks pursuant Articles 
6 and 9 shall place this information at the disposal of the Commission’s 
employees or authorised agents.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 13  
3. Member States shall ensure that their authorities and those 
responsible for maintaining and managing emergency and specific 
stocks agree to inspections and provide assistance to the persons auth ­
orised by the Commission to perform those reviews. Member States 
shall in particular ensure that these persons are granted the right to 
consult all documents and registers relating to the stocks and have 
right of access to all sites on which stocks are held and to all related 
documents.  
4. The outcome of reviews carried out pursuant to this Article shall 
be notified to the Member State reviewed and may be forwarded to the 
Coordination Group.  
5. Member States and the Commission shall ensure that officials, 
agents and other persons working under Commission supervision and 
members of the Coordination Group may not disclose any information 
which has been gathered or exchanged pursuant to this Article and 
which, by its nature, is covered by professional secrecy, such as the 
identity of the owners of stocks.  
6. The objectives of the reviews referred to in paragraph 1 may not 
include the processing of personal data. Any personal data found or 
uncovered during those reviews may not be gathered or taken into 
consideration and, if gathered accidentally, shall be destroyed 
immediately.  
7. Member States shall take the necessary measures to ensure that all 
data, records, summaries and documents relating to emergency stocks 
and specific stocks are kept for a period of at least 5 years.  
Article 19  
Protection of individuals with regard to the processing of data  
This Directive is without prejudice to, and in no way affects, the level 
of protection of individuals with regard to the processing of personal 
data under the provisions of Community and national law and, in 
particular, does not alter Member States' obligations with regard to 
the processing of personal data, as laid down by Directive 95/46/EC, 
or the obligations incumbent upon Community institutions and bodies 
under Regulation (EC) No 45/2001 with regard to the processing of 
personal data by them in the course of their duties.  
Article 20  
Emergency procedures  
1. Member States shall ensure that they have procedures in place and 
take such measures as may be necessary, in order to enable their 
competent authorities to release quickly, effectively and transparently 
some or all of their emergency stocks and specific stocks in the event 
of a major supply disruption, and to impose general or specific 
restrictions on consumption in line with the estimated shortages,  inter 
alia, by allocating petroleum products to certain groups of users on a 
priority basis.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 14  
2. Member States shall at all times have contingency plans to be 
implemented in the event of a major supply disruption and shall 
provide for organisational measures to be taken to allow those plans 
to be implemented. Upon request, Member States shall inform the 
Commission of their contingency plans and the corresponding organi ­
sational arrangements.  
3. In the event of an effective international decision to release stocks 
affecting one or more Member States:  
(a) the Member States concerned may use their emergency stocks and 
specific stocks to fulfil their international obligations under that 
decision. Any Member State so doing shall notify the Commission 
immediately, so that the Commission can call a meeting of the 
Coordination Group or consult its members by electronic means 
to assess, in particular, the impact of that release;  
(b) the Commission should recommend to Member States to release 
some or all of their emergency stocks and specific stocks or to 
take other measures of equivalent effect as considered appropriate. 
The Commission may act only after consulting the Coordination 
Group.  
4. In the absence of an effective international decision to release 
stocks but when difficulties arise in the supply of crude oil or 
petroleum products to the Community or to a Member State, the 
Commission shall inform the IEA where applicable, and coordinate 
with it as appropriate, and arrange a consultation of the Coordination 
Group as soon as possible, either at the request of a Member State or on 
its own initiative. When a consultation of the Coordination Group is 
requested by a Member State, it shall be arranged within 4 days of the 
request at most, unless the Member State agrees to a longer period. On 
the basis of the results of the examination of the situation by the Coor ­
dination Group, the Commission shall determine whether a major 
supply disruption has occurred.  
If a major supply disruption is deemed to have occurred, the 
Commission shall authorise the release of some or all of the quantities 
of emergency stocks and specific stocks that have been put forward for 
that purpose by the Member States concerned.  
5. Member States may release emergency and specific stocks below 
the compulsory minimum level set by this Directive in amounts im ­
mediately necessary for an initial response in cases of particular urgency 
or in order to meet local crises. In the event of such release, Member 
States shall inform the Commission immediately of the amount released. 
The Commission shall transmit this information to the members of the 
Coordination Group.  
6. Where paragraphs 3, 4 or 5 are applied, Member States may 
temporarily hold stocks at levels lower than those stipulated in this 
Directive. In that case, the Commission shall determine, on the basis 
of the results of the consultation of the Coordination Group and, where 
applicable, in coordination with the IEA, and notably by taking into 
account the situation on the international oil and petroleum products 
markets, a reasonable time frame within which Member States must 
bring their stocks back up to the minimum required levels.  ▼B
 02009L0119 — EN — 01.01.2020 — 002.002 — 15  
7. Decisions taken by the Commission by virtue of this Article shall 
be without prejudice to any other international obligations on the 
Member States concerned.  
Article 21  
Penalties  
Member States shall lay down the rules on penalties applicable to 
infringements of the national provisions adopted pursuant to this 
Directive and shall take such measures as may be necessary to ensure 
that they are applied. Such penalties shall be effective, proportionate and 
dissuasive. The Member States shall notify those provisions to the 
Commission by 31 December 2012 and shall notify it without delay 
of any subsequent amendment affecting them.  
Article 22  
Review  
By 31 December 2015, the Commission shall review the functioning 
and implementation of this Directive.  
Article 23  
Committee procedure  
1. The Commission shall be assisted by a Committee.  
2. Where reference is made to this paragraph, Articles 5 and 7 of 
Decision 1999/468/EC shall apply.  
Article 24  
Repeal  
Directive 73/238/EEC, Directive 2006/67/EC and Decision 68/416/EEC 
are hereby repealed with effect from 31 December 2012.  
References to the repealed Directives and to the repealed Decision shall 
be construed as references to this Directive.  
Article 25  
Transposition  
1. Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive by 
31 December 2012.  
By derogation from the first subparagraph, Member States that are not 
members of the IEA by 31 December 2012 and cover their inland 
consumption of petroleum products fully by imports shall bring into 
force the laws, regulations and administrative provisions necessary to 
comply with Article 3(1) of this Directive by 31 December 2014. Until 
those Member States have brought into force such measures, they shall 
maintain oil stocks corresponding to 81 days of average daily net 
imports.  ▼B
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When Member States adopt measures, they shall contain a reference to 
this Directive or shall be accompanied by such reference on the 
occasion of their official publication. The methods of making such a 
reference shall be laid down by the Member States.  
2. Member States shall communicate to the Commission the text of 
the main provisions of national law which they adopt in the field 
covered by this Directive.  
Article 26  
Entry into force  
This Directive shall enter into force on the 20th day following its 
publication in the  Official Journal of the European Union . 
Article 27  
Addressees  
This Directive is addressed to the Member States.  ▼B
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ANNEX I  
METHOD FOR CALCULATING THE CRUDE OIL EQUIVALENT OF 
IMPORTS OF PETROLEUM PRODUCTS  
Member States shall calculate the crude oil equivalent of imports of petroleum 
products, as referred to in Article 3, using the following method.  
(1) The sum of net imports of crude oil, natural gas liquids (NGL), refinery 
feedstocks and other hydrocarbons, as defined in Annex A, Chapter 3.4 of 
Regulation (EC) No 1099/2008 (  1 ), shall be calculated and adjusted to take 
account of any stock changes. From the resulting figure, one of the following 
figures shall be deducted for naphtha yield:  
— 4 %,  
— the average naphtha yield,  
— the net actual naphtha consumption.  
(2) The sum of the net imports of all other petroleum products, as defined in 
Annex A, Chapter 3.4 of Regulation (EC) No 1099/2008, excluding naphtha, 
shall be calculated and adjusted to take account of stock changes and shall be 
multiplied by a factor of 1,065.  
The sum of the figures resulting from (1) and (2) represents the crude oil 
equivalent.  
International marine bunkers shall not be included in the calculation.  ▼M1 
( 1 ) As modified by Commission Regulation (EU) 2017/2010 of 9 November 2017.
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ANNEX II  
METHOD FOR CALCULATING THE CRUDE OIL EQUIVALENT OF 
INLAND CONSUMPTION  
For the purpose of Article 3, the crude oil equivalent of inland consumption must 
be calculated using the following method:  
▼M1 
Inland consumption is the sum of the aggregate ‘observed gross inland 
deliveries’, as defined in Section 3.2.2.11 of Annex C to Regulation (EC) 
No 1099/2008, of the following products only: motor gasoline, aviation 
gasoline, gasoline-type jet fuel (naphtha-type jet fuel or JP4), kerosene-type jet 
fuel, other kerosene, gas/diesel oil (distillate fuel oil) and fuel oil (high sulphur 
content and low sulphur content) as defined in Chapter 3.4 of Annex A to 
Regulation (EC) No 1099/2008.  
▼B 
International marine bunkers are not included in the calculation.  
The crude oil equivalent of inland consumption is calculated by multiplying by a 
factor of 1,2.  ▼B
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ANNEX III  
METHODS FOR CALCULATING THE LEVEL OF STOCKS HELD  
The following methods must be used to calculate stock levels:  
Without prejudice to the case addressed in Article 4(3), no quantity may be 
counted as stock more than once.  
Crude oil stocks are reduced by 4 %, which corresponds to the average naphtha 
yield.  
Stocks of naphtha and petroleum products for international marine bunkers are 
not included.  
Other petroleum products are included in the stock count using one of the two 
methods set out below. Member States must continue to use the method they 
have chosen throughout the whole calendar year in question.  
Member States may:  
▼M1 
(a) include all other stocks of the petroleum products identified in Chapter 3.4 of 
Annex A to Regulation (EC) No 1099/2008 and calculate the crude oil 
equivalent by multiplying the quantities by a factor of 1,065; or  
▼B 
(b) include stocks of only the following products: motor gasoline, aviation 
gasoline, gasoline-type jet fuel (naphtha-type jet fuel or JP4), 
kerosene-type jet fuel, other kerosene, gas/diesel oil (distillate fuel oil) and 
fuel oil (high sulphur content and low sulphur content) and calculate the 
crude oil equivalent by multiplying the quantities by a factor of 1,2.  
The calculation may include quantities held:  
— in refinery tanks,  
— in bulk terminals,  
— in pipeline tankage,  
— in barges,  
— in intercoastal tankers,  
— in oil tankers in port,  
— in inland ship bunkers,  
— in storage tank bottoms,  
— as working stocks,  
— by large consumers as required by law or otherwise controlled by 
governments.  
However, those quantities except for any held in refinery tanks, in pipeline 
tankage or in bulk terminals, may not be included when calculating levels of 
specific stocks where such stocks are calculated separately from emergency 
stocks.  
The calculation may never include:  
(a) crude oil not yet produced;  ▼B
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(b) quantities held:  
— in pipelines,  
— in rail tank cars,  
— in seagoing ships’ bunkers,  
— in service stations and retail stores,  
— by other consumers,  
— in tankers at sea,  
— as military stocks.  
When calculating their stocks, Member States must reduce the quantities of 
stocks calculated as set out above by 10 %. That reduction applies to all quan ­
tities included in a given calculation.  
However, no 10 % reduction is to be applied when calculating the level of 
specific stocks or the levels of the different categories of specific stocks where 
those stocks or categories are considered separately from the emergency stocks, 
particularly with a view to verifying compliance with the minimum levels laid 
down by Article 9.  ▼B
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ANNEX IV  
Rules for the preparation and submission to the Commission of statistical 
summaries of stocks to be held pursuant to Article 3  
Each Member State must draw up and submit to the Commission, on a monthly 
basis, a definitive statistical summary of the level of stocks actually held on the 
last day of the calendar month, calculated either on the basis of the number of 
days of net oil imports or on the basis of the number of days of inland oil 
consumption, in accordance with Article 3. The statistical summary must 
provide precise details of why the calculation is based on the number of days 
of imports or, conversely, on the number of days of consumption and must 
specify which of the calculation methods set out in Annex III was used.  
If some of the stocks included when calculating the level of stocks held pursuant 
to Article 3 are held outside national territory, each summary shall give details of 
the stocks held by the various Member States and CSEs concerned on the last 
day of the period to which it relates. In its summary, each Member State must 
also indicate, in each case, whether the stocks are being held pursuant to a 
delegation request made by one or more economic operators or whether they 
are being held at its request or at the request of its CSE.  
For any stocks held by a Member State within its territory on behalf of other 
Member States or CSEs, that Member State must draw up and submit to the 
Commission a summary showing the stocks existing on the last day of each 
calendar month, broken down by product category. In that summary, the 
Member State must also indicate, in particular, the Member State or CSE 
concerned and the quantities involved in each case.  
The statistical summaries referred to in this Annex must be submitted to the 
Commission within 55 days of the end of the month to which they relate. Those 
same summaries must also be submitted within 2 months of a request by the 
Commission. Such requests may be made no later than 5 years after the date to 
which the data relate.  ▼B