COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 514 final 
Brussels, 22 November 1990 
Communication from the Commission to the Council 
ON THE OIL SUPPLY SITUATION, INCORPORATING 
TWO PROPOSALS FOR COUNCIL DIRECTIVES ON THE STEPS TO BE TAKEN 
IN THE EVENT OF SUPPLY DIFFICULTIES AND 
ON THE MAINTENANCE OF STOCKS OF OIL 
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ON THE OIL SOYFET STTOflnQN. OKPKPQRATING 
TWO PROPOSALS FOR QCOHCIL DIRBCTIVBS Œ THE STEPS TO ER TAKER 
IN IBB EVENT OF SuTPLSf DIFFTaiTJriES AND 
ON TOE MftQTCBKNCB OF STOCKS OF OIL 
Introduotion 
1. The aim of this communication is to: 
analyse the current situation on the oil market and the short-term 
outlook; 
present legislative proposals designed to make fundamental changes 
to the Community's present role in times of oil supply 
difficulties ; 
spell out the implications for the Member States and the 
Community; 
propose measures to cope with the situation; 
propose guidelines for future action. 
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2. The embargo on oil imports from Iraq and Kuwait adopted by the UN on 
6 August and by the Community on 8 August (see Council 
Regulation No 2340/90) meant that some 4.3 million barrels/day, or 8% 
of world supplies and 19% of international oil trade, was withdrawn 
from the market for an indefinite period. 
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3. All the studies carried out so far by the IEA (International Energy 
Agency) and by the Commission on the current situation as regards 
worldwide supply and demand, as well as the information obtained 
direct from industry, suggest that there is no overall shortfall as 
things stand. 
The increase in production by a number of countries, particularly in 
the wake of the extraordinary meeting of OPEC held on 29 August, and 
the high level of stocks held by the consumer countries, estimated at 
some 100 days' supplies, are sufficient to meet a demand already on 
the decrease as a result of the sharp rise in prices on the world 
market in recent weeks, which has been passed on to the final 
consumer. 
4. She price Increases have nonetheless been very severe, reflecting the 
uncertainty surrounding the outcome and duration of the crisis, and 
the doubt felt by operators as to the reliability of exports from the 
USSR. Tbe disappearance from the world market of products from Kuwait 
and large volumes of light petroleum products from the refineries of 
Saudi Arabia, allied to technical difficulties in adapting the 
refining apparatus to cope with heavier crude oils with a higher 
sulphur content, have also contributed to the price increase. Experts 
consider, however, that the scale of the increases is largely 
unjustified and of a speculative nature. This is borne out by the 
fluctuations in price in recent weeks which reflect the extreme 
sensitivity and volatility of the market to speculation in the media. 
5. These price Increases have had very varying effects on consumer prices 
in the Member States, accentuating existing price differences. 
These differences are due in large measure to the price-formation 
policies of the Member States. In countries where prices (before tax) 
are allowed to find their own level, increases on the international 
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markets are felt Immediately, and sometimes even anticipated. In 
those Member States where prices are regulated, on the other hand, the 
increases are usually deferred, given that the numerous formulae 
applied are based on Information relating to an earlier situation. In 
this context, the Commission is examining the different price 
mechanisms currently applied as these may, in times of crisis, 
threaten the free movement of products within the Community. 
Diverging consumer price trends may also be explained by the different 
consumption, distribution and competition structures on the markets of 
the Member States. 
Finally, where consumer prices are concerned, the differences are 
closely 1 Inked to the wide variety of taxation systems. Clearly, 
therefore, the convergence of taxes on petroleum products is essential 
with an eye to completion of the internal market in 1993. 
6. The Oommission, like its partners in the IEA, has endeavoured hitherto 
to calm the market and discourage operators from panic twying which 
simply swells stocks and maintains prices artificially high. 
7. The Oommission believes that, should the present situation persist, 
the speculative pressure would gradually ease and prioes would drop 
accordingly. This trend is liable to be particularly marked at the 
end of the winter, when consumption begins its seasonal downturn and 
stocks are always relatively high. 
8. For this reason, apart from ensuring closer surveillance of the 
market, the Commission has not felt it necessary in present 
circumstances to introduce specific measures. 
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However, it would if necessary consider the possibility, in order to 
help stabilize the market, of making a limited withdrawal from oil 
stocks. In view of the uncertainty as regards the outcome and 
duration of the crisis, this should be equivalent to not more than ten 
days' supply, in order to conserve oil stocks in case a serious crisis 
arises from a major shortfall. 
It further considers that the present situation highlights the harmful 
effects of indexing gas prioes with reference to the price of oil, and 
the need to look into the possibility of abolishing this practice in 
order to prevent a rise in oil prioes having an automatic impact on 
gas resources. To this end, the Commission is prepared to hold talks 
with the major gas-exporting oountries. 
Finally, the Commission, in a bid to heighten public awareness of the 
need to save energy, has already stepped up the SAVE programme 
(Specific Actions for Vigorous Energy Efficiency), designed to produce 
medium and long-term results. 
9. if hostilities should break out in the Gulf region, however, the 
result would probably be a price explosion. This would obviously be 
made even worse if the conflict were to spin over into Saudi Arabia, 
and in particular to the oil-producing Installations in the north-east 
of the country. In the ensuing state of war, which would lead to a 
significant drop in supplies, an extraordinary meeting of the 
Community's Energy Ministers would have to be convened to assess the 
situation and adopt measures to reduce consumption and make 
withdrawals from stocks. This meeting would prepare the position to 
be adopted by the Community at the extraordinary meeting of the IEA 
Governing Board which would also be called. 
10. As the legislation stands, a Council Decision based on Article 103(3) 
of the Treaty would enable a package of Ccnnmunity-wide measures to be 
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Implemented relating to reduced consumption, withdrawals from stocks 
and prioes. Should it be decided to confine the measures to cuts in 
consumption, the Commission could Invoke Article 1 of Council 
Decision 77/706/EBC which allows the Commission to set a consumption 
reduction target of no more than 10% for a period of two months. If a 
cut In consumption in excess of 10% or for longer than two months 
should prove necessary, it could be introduced by means of a Council 
Decision adopted by a qualified majority. 
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activities, 
11. The gradual establishment of the internal market under the terms of 
the Single Act and changing requirements as regards security of supply 
call into question the legal nachinery hitherto used by the Community 
and the Member States to oope with supply difficulties. 
12. The strengthening of political, economic and social cohesion taking 
place in the Community calls for a considerable strengthening of the 
legal instruments needed to deal with problems of this kind. 
The Community as such does not currently have sufficient powers of 
initiative to assert itself vis-à-vis the Member States or the outside 
world. Its duty to assume its responsibilities fully in the 
International arena, particularly within the IEA, means that the 
Community must have autonomous powers which are more clearly defined 
and more credible. 
13. IûtexmLLy, this should be expressed in the creation of a Community 
action framework within which the Commission is authorized to adopt 
short-term measures in an emergency. This could be achieved in the 
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short term by replacing Council Directive 73/238/EBC by a speedier and 
more efficient Community decision-making mechanism. On the basis of 
this the Commission should be able on its own authority not only to 
set consumption reduction targets, but also to adopt measures valid 
for three months. 
In parallel to this the system for maintaining oil stocks, which is an 
essential instrument of action and of security of supply policy, 
should be overhauled In order to enable the Community to take 
immediate action to offset supply difficulties. The Commission might 
be given responsibility for using a large proportion of the stocks, 
equivalent to 30 days' supply. TO this end, each Member State would 
have to set up an agency which would hold stocks equivalent to at 
least 60 days' supply. 
The two draft Council Directives attached are designed with these aims 
in mind. 
14. Externally, the Community will have to assume a role on the 
international stage which is commensurate with its position on the 
international market as the largest importer of petroleum. 
Participation by the Community as such in the IEA should be reviewed, 
as provided for, moreover, by Article 72 of the Agreement on an 
International Energy Programme, as well as Article 3 of the 1974 OECD 
Council decision setting up the IEA. > 
TO this end, the Council is requested to issue a negotiating mandate. 
15. The role of the Member States is and will continue to be essential in 
the new organizational structure. Their relations with and 
commitments vis-à-vis the IEA are established and form the basis on 
which the Community should assert its identity. 
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16. The Community has a specific dimension to offer as regards: 
analysis of the market and the need to adopt measures; 
the type of measures which might be adopted. 
As regards the analysis of the market, it is natural that it should 
take account of the assessment of an oil crisis situation made by the 
IEA. An analysis of this kind must be made at the broadest level, on 
the basis of the situation prevailing in the industrialized countries. 
As far as the type of measures is concerned the Community, unlike the 
other major consumers, and in view of its structural dependence on 
outside sources of supply, must ensure security of supply, the free 
movement of products and political, economic and social cohesion in 
the context of completion of the internal market and the provisions of 
the Single Act. For this reason it would now be unacceptable to 
European public opinion for a Sunday driving ban, for instance, to be 
introduced in one Member State and not in the neighbouring countries. 
It is essential that the measures adopted should be compatible to the 
greatest possible extent and should be a tangible expression of the 
solidarity existing between Member States. 
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17. A rise in oil prioes on the soale now being experienced automatioally 
results, provided surplus capacity is available and the Increase is 
passed on to the final consumer, in an increase in supply and a 
reduction or replacement of demand. 
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Besides these classic effects, the measures to be taken in the event 
of supply difficulties might relate to: 
supply; 
demand. 
18. fiuEply 
by drawing on stocks of oil; 
by making the rules on the quality of petroleum products more 
flexible; 
by making use of other sources of energy. 
Quite apart from the possibility of allowing operators to make partial 
use of stocks in the present circumstances, action by the IEA, in 
addition to Community action, is essential in order to make a decisive 
impact on the market and dampen prices. 
As far as environmental considerations are concerned, the two main 
Community directives on petroleum products (Council Directives 85/210 
and 87/219) already offer Member States the possibility of relaxing 
the Ctammunity rules on the content of products for a period of four 
months, in order to increase the volume of products available and 
introduce greater flexibility into the refining process. 
Finally, as regards the energy situation overall, the Member States 
should mobilize all the energy resources at their disposal to make 
them more readily available to other Member States. A protracted 
crisis cannot be ruled out which would justify, for example, stepping 
up the use of gas in electricity generation, in acceptable economic 
conditions. 
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19. i>wnd 
Final energy consumption of oil in the Community, which is in the 
region of 360 mtoe, breaks down as follows: 14% is used by industry, 
28% in the domestic sector and 58% for transport. 
The natural effect of market forces, i.e. a downturn in demand in 
response to the rise In consumer prioes resulting from the passing-on 
to the final consumer of the Increases registered on the world market, 
should be allowed to come into play, and should be accompanied by 
measures to dampen demand. 
In this respect the Community must seek to transpose the measures 
which have been adopted in principle within the IEA into a Community 
context. It must be borne in mind that the aim of the Comraunity is to 
consolidate political, economic and social cohesion between the Member 
States. 
The list of measures given below, set out in increasing order of 
stringency, reflects consensus within the Oaramunity and could form the 
basis for Joint action. 
Thi« oommon set of measures which Member States would be obliged to 
implement would consist of: 
recommendations relating to: 
. advertising and public awareness campaigns to promote energy saving 
. efficient driving 
. adjustment of engines and heating boilers 
. speed restrictions (increased surveillance) 
. increased use of public transport 
. Increased use of combined transport 
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obligations relating to: 
. heating of public buildings (temperature, hours of heating) 
. fuel substitution, e.g. in power stations (fuel oil/ooal/gas) 
. speed restrictions (lowering of speed limits) 
. public lighting and lighting for advertisements 
prohibitions and rationing: 
. ban on use of private oars on certain days/weekends or on the basis 
of number plates (even or odd numbers) 
. obligation for distributors to allocate smaller quantities to 
households, reduced by a certain percentage compared with the previous 
year, with the exception of certain priority sectors (industry, 
hospitals, essential public services, etc.) 
. rationing of fuel by means of petrol coupons. 
20. Should supply difficulties threaten to arise, the Community's role 
would be clear. The Oommission would intervene initially to assess 
the situation, taking into account the evaluation made by the IEA. 
Should further action prove necessary the Commission, assisted by an 
advisory committee of representatives of the Member States, would 
pinpoint the objectives to be achieved and the means to be deployed. 
These would be reflected in a series of coherent and complementary 
measures, valid for three months, to be implemented by the Member 
States, which would take account where neoessary of specific national 
and/or regional situations. If the difficulties persisted, the 
Council would be called upon to adopt the necessary measures by a 
qualified majority. 
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V. flnlriftHTre far future action 
21. As the President of the Oommission stressed at the special sitting of 
the European Parliament on the Gulf crisis held on 12 September 1990, 
the Oommission has already begun discussions on the lessons to be 
learnt from the situation and on the way ahead in the aftermath of the 
crisis. 
22. On the policy front, it is becoming Increasingly clear that the 
dialogue between producers and consumers needs to be stepped up and 
Industrial cooperation, for instance with the USSR, encouraged. Calls 
for dialogue have been made by the producers but also by consumers. 
Improved predictability of oil prices is essential to the development 
of the economies of both the producer and consumer countries. The 
pragmatic approach displayed today by the vast majority of OPEC 
countries is a pointer for the future. It should encourage 
cross-investment, which acts an added factor in ensuring the security 
of supplies. 
23. With regard to the economic aspects, the Commission is examining the 
elements of a possible Community price-formation system for consumer 
oil prices. The current differences between Member States in the 
price of petroleum products before tax will no longer be acceptable in 
tomorrow's Community. 
The Commission is also studying the overall value for our eoonamies, 
our environment and the overall balance of oil supply and demand 
worldwide, which benefits the developing countries first and foremost, 
of keeping consumer oil prioes high, notably by means of fiscal 
measures. It is looking especially at prioes of petroleum products 
which oannot be substituted (motor fuels), which already account for 
more than fra-i* of the Community's oil consumption. The resulting tax 
revenue could be used partly to attain energy policy objectives. 
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Endorsement of this approach by all the industrialized countries, 
particularly the USA, would be desirable. 
21. Finally, with regard to the establishment of the jn*^™*,! mfvrftfttr for 
energy, the Commission will continue the discussions begun in July 
last on the conditions necessary for genuine security of supply in the 
Community. The free movement of energy products within the Community 
will enable resources to be used more efficiently, thus helping reduce 
dependence on outside sources of supply. The integration of the 
energy market will give all Member States more reliable access to the 
resources available throughout the Ctoramunity. 
VI. firmn-hicrtrmg 
25. The Council is requested to: 
approve the guidelines laid down; 
adopt the two draft Directives attached to this comraunication, 
Introducing a Community decision-making mechanism for coping with 
oil crises and a system of stocks which reflects changing 
conditions in the Community. 
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Proposal for a 
COUNCIL DIRECTIVE 
providing for appropriate measures to be taken 
In the event of difficulties in the supply of 
crude oil and petroleum products to the Community 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 103(2) thereof, 
i 
Having regard to the proposal from the Commission, 
Whereas imported crude oil and petroleum products play an important role in 
the Community's energy supplies; whereas any difficulty, even temporary, 
having the effect of considerably reducing supplies of such products or 
significantly increasing the price thereof on international markets could 
cause serious disturbances in the economic activity of the Community; 
whereas the Community must, therefore, be in a position to offset or at 
least to diminish any harmful effects in such a case-, 
Whereas appropriate procedures and instruments should be provided for in 
advance to ensure the speedy implementation of measures to mitigate the 
effects of difficulties in the supply of crude oil and petroleum products; 
0J No L 
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Whereas the competent authorities of the Member States should therefore 
possess the necessary powers to take appropriate action without delay and 
in accordance with the Treaty; 
Whereas Council Directive 73/238/EEC laid down procedures and instruments 
to harmonize these powers to a certain extent In order to facilitate the 
coordination of national measures within the framework of consultations at 
Community level; 
Whereas, in the light of the completion of the Internal market, those 
procedures should now be replaced by a truly Community mechanism whereby, 
in accordance with Article 145, third indent, of the Treaty the Commission, 
assisted by a Committee of representatives of the Member States, can, once 
it has established the existence of supply difficulties, determine the 
appropriate measures to be taken, recourse being had, as already provided 
for in Directive 73/238/EEC, to withdrawals from oil stocks, to demand 
restraint and/or to price control, and propose to the Council that the 
measures be extended, or where appropriate, amended, If the difficulties 
persist for longer than three months; 
Whereas the Commission must take particular care to ensure compliance with 
the principle of subsidiarity where a reduction in consumption Is 
concerned; 
Whereas, for reasons of clarity, Directive 73/238/EEC should be recast In 
view of the significant amendments to be made to it; 
Whereas this Directive is without prejudice to the time limits within which 
Member States have to comply with Directive 73/238/EEC, 
OJ No L 228, 16.8.1973. p. 1. 
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HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall take all necessary measures to provide the competent 
authorities with the necessary powers, In the event of difficulties arising 
in the supply of crude oil and petroleum products which have the effect of 
considerably reducing supplies of such goods or significantly Increasing 
the price thereof on International markets and are liable to cause severe 
disrupt ion: 
to draw on the oil stocks provided for by Community legislation, 
to impose specific or broad restrictions on consumption, 
to regulate prices In order to prevent abnormal increases. 
Article 2 
1. Member States shall designate the bodies to be responsible for 
implementing the measures to be taken under the powers provided for in 
Article 1. They shall inform the Commission of the composition and 
terms of reference of those bodies. 
2. Member States shall draw up Intervention plans for use in the event of 
difficulties In the supply of crude oil and petroleum products. 
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Article 3 
1. The existence of supply difficulties for the Community or a part 
thereof shall be established by the Commission. The Commission's 
decision shall take account of analyses carried out by the 
International Energy Agency and of international commitments entered 
into by the Community and its Member States, in particular vis-à-vis 
that Agency. 
2. The Decision referred to in paragraph 1 shall be notified without 
delay to the Member States, which shall indicate to the Commission 
within a period of ten days following notification the measures they 
regard as appropriate. During this same period the Commission shall 
convene the Committee provided for in Article 4(1). 
3. In accordance with the procedure provided for in Article 4(2), the 
Commission shall determine the measures to be implemented by the 
Member States in accordance with Article 1 taking account of the 
analyses referred to in paragraph 1. 
With regard to the measures referred to in the second Indent of 
Article 1, the Commission shall set the consumption reduction target 
to be achieved and shall determine the broad lines of the measures to 
be implemented by the Member States. 
4. The measures decided on by the Commission shall apply for no more than 
three months. Thirty days before the expiry of the period of validity 
of the measures, and if the difficulties persist, the Commission shall 
propose to the Council the measures to be applied. The Council shall 
take a decision on that proposal, acting by a qualified majority and 
If possible within a period of ten days, if the Council does not lay 
down a time limit for the application of the measures, that time limit 
shall be three months. 
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Article 4 
1. The Commission shall be assisted by a committee of an advisory nature, 
composed of the representatives of the Member States and chaired by 
the representative of the Commission. 
2. In the cases referred to in Article 3(3), the representative of the 
Commission shall submit to the Committee a draft of the measures to be 
taken. The Committee shall deliver its opinion on the draft, within a 
time limit which the Chairman may lay down according to the urgency of 
the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes-, in addition, each 
Member State shall have the right to ask to have its position recorded 
in the minutes. 
The Commission shall take the utmost account of the opinion delivered 
by the Committee. It shall inform the Committee of the manner in 
which its opinion has been taken into account. 
Article 5 
This Directive shall replace Directive 73/238/EEC. Council 
Decision 77/706/EEC is hereby repealed. 
2. References made to Directive 73/238/EEC shall be understood as being 
made to this Directive and shall be read in accordance with the table 
of equivalence annexed hereto. 
Article 6 
Member States shall bring into force not later than 1 January 1991 the 
laws, regulations and administrative provisions necessary to comply with 
this Directive. They shall forthwith inform the Commission thereof. 
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Until such provisions have been adopted, Member States shall continue to 
fulfil their obligations pursuant to Directive 73/238/EEC. 
When Member States adopt these provisions, these shall contain a reference 
to this Directive or shall be accompanied by such reference at the time of 
their official publication. The procedure for such reference shall be 
adopted by Member States. 
Article 7 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
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ANNEX 
Table of equivalence 
Directive 73/238/EEC This Directive 
Article 1 
Article 2(1) and 
Article 4(2) 
Article 2(2) 
Article 3 
Art Icle 5 and 
Article 4(1) 
Article 6 Article 1 
Article 2(1) 
Article 2(2) 
Article 3(1), (2) and (3) 
Article 3(4) 
Article 4(1) 
Article 4(2) 
Article 5 
Article 6, first paragraph 
Article 6, second paragraph 
Article 6, third paragraph 
Article 7 
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Proposal for a 
COUNCIL DIRECTIVE 
laying down detailed rules for the Implementation of 
Directive /90/EEC with regard to oil stocks 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 103(3) thereof, 
1 Having regard to the proposal from the Commission, 
Whereas Imported crude oil and petroleum products play an Important role in 
the Community's energy supplies; whereas any difficulty, even temporary, 
having the effect of considerably reducing supplies of such products or 
significantly Increasing the price thereof on international markets could 
cause serious disturbances in the economic activity of the Community; 
whereas the Community must therefore be In a position to offset or at least 
to diminish any harmful effects in such a case-, 
2 Whereas In Directive .../90/EEC the Council decided upon appropriate 
measures to be taken in the event of difficulties in the supply of crude 
oil and petroleum products to the Community, concerning oil stocks, 
restriction of consumption and price control; whereas it is therefore 
appropriate to adopt a Directive on oi I stocks; 
1 0J No L 
2 [Directive providing for appropriate measures to be taken in the event 
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Whereas Council Directive 68/414/EEC, as amended by Directive 
L 
72/425/EEC, imposes an obligation on Member States to maintain oil 
stocks corresponding to at least ninety days' internal consumption in the 
preceding calendar year for three categories of petroleum products; 
•Whereas, within the framework of the completion of the internal market, It 
Is necessary to ensure that the organizational arrangements for oil stocks 
do not impede the free movement of goods and services and that the 
security of supply is increased; 
Whereas it is therefore appropriate that all the Member States should have 
recourse to an agency to hold at least two-thirds of the stocks 
corresponding to their Community obligation, thus making It possible to 
ensure a fair sharing of the burden of the stockholding obligation between 
operators in the oil sector and to guarantee the existence and 
availability of oil stocks in order to mitigate supply difficulties; 
Whereas it is necessary to make provision, in the event of supply 
difficulties, for a mechanism whereby the Community can intervene as soon 
as possible, if necessary by deciding on withdrawals from oil stocks; 
Whereas, In accordance with Article 3(3) and (4) of Directive .../90/EEC, 
withdrawals may be decided upon by the Commission for a period not 
exceeding three months, and by the Council should the difficulties 
persist; whereas a withdrawal equivalent to 30 days' consumption should 
normally be sufficient; whereas, however, in the event of a more acute 
supply crisis it will fall to the Council to decide upon an additional 
withdrawal; 
Whereas Directive 68/414/EEC was amended by Directive 72/425/EEC; whereas, 
on grounds of clarity, It should be recast for the purpose of Implementing 
significantly changed arrangements; 
3 0J No L 308, 23.12.1968, p. 14. 
L n.l No I S>Q1 9R.19.1972. o. 154. 
- 23 -
Whereas this Directive Is without prejudice to the time limits within which 
Member States have to comply with Directive 68/414/EEC, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. Member States shall adopt such measures as may be appropriate In order 
to maintain at all times, subject to the provisions of Article 7, a 
volume of oil stocks corresponding to at least 90 days' consumption 
established on their territory in the preceding calendar year for each 
of the categories of petroleum products referred to In Article 2. 
2. That part of internal consumption met by derivatives of petroleum 
produced indigenously by the Member State concerned may be deducted up 
to a maximum of 15% of the said consumption. 
3. Seagoing ships' bunkers shall not be included in the calculation of 
Internal consumption. 
Article 2 
The following categories of product shall be taken into account in 
calculating internal consumption: 
1. motor spirit and aviation fuel (aviation spirit and jet fuel of the 
gasoline type), 
2. gas oil, kerosene and jet fuel of the kerosene type, 
3. fueI oils. 
- 24 -
Article 3 
1. Each Member State shall set up an oil stockholding agency. 
Several Member States may decide to have recourse to a Joint agency. 
In that case they shall be jointly responsible for the obligations 
deriving from this Directive. 
2. Member States shall take steps to ensure that their stockholding 
agency has stocks representing at least 60 day's' consumption on the 
national territory. 
3. The financing of the stocks referred to in paragraph 2 shall be the 
responsibility of the refiners and importers of the products referred 
to In Article 2 established in the Member State in question, according 
to the quantities delivered In that Member State during the preceding 
calendar year. 
4. Member States shall ensure that the refiners and importers are 
responsible for holding the stocks corresponding to the balance of the 
obligation of the Member State in question. 
Article 4 
Member States shall submit to the Commission a statistical summary showing 
the stocks held by their stockholding agency at the end of each month. 
This summary shall be drawn up in accordance with Articles 5 and 6 and 
shall specify the number of days of average consumption in the preceding 
calendar year which those stocks represent. This summary must be submitted 
within 15 days of the end of each month. 
- 25 -
Article 5 
1. The stocks must consist of petroleum products for at least 70% of the 
total volume of stocks of each of the categories 1 and 2 referred to 
in Article 2 and 50% of the total volume of the stocks for category 3. 
The balance may be covered by crude oil or feedstocks. 
2. In the statistical summary of stocks provided for in Article 4: 
finished products shall be accounted for according to their actual 
tonnage; 
crude oil and feedstocks shall be accounted for in the proportion 
of the quantities of each category of product obtained during the 
preceding calendar year from refineries In operation on the 
territory of the Community; the coefficient for converting volumes 
of crude oil and feedstocks into petroleum products shall be laid 
down each year before .... In accordance with the procedure 
referred to in Article 4(2) of Directive /90/EEC; 
blending components, when intended for processing into the 
finished products listed in Article 2, may be substituted for the 
products for which they are intended. 
Article 6 
1. When calculating the minimum level provided for in Article 1, only 
those quantities which would be fully at the disposal of the 
Member States should difficulties arise in the supply of oil shall be 
Included in the statistical summary provided for in Article 4. 
- 26 -
2. Subject to paragraph 1, the following may be Included in the stocks: 
quantities on board oil tankers in port for the purpose of 
discharging, once the port formalities have been completed; 
quantities held in ports of discharge; 
supplies held in tanks at the entry to oil pipelines; 
quantities held in storage by large-scale consumers In compliance 
with the provisions of national law concerning the maintenance of 
permanent stocks; 
quantities held in vessels engaged in transport within the 
Community in so far as It is possible for the competent 
authorities to keep a check on such quantities and provided that 
they could be made available immediately. 
3. In view of the provisions of paragraphs 1 and 2, the following shall, 
In particular, be excluded from the statistical summary: crude oil not 
yet extracted, quantities intended for the bunkers of seagoing 
vessels, quantities in direct transit, quantities in oil pipelines, 
road tankers and rail tank wagons, in the storage tanks of filling 
stations, and those held by small consumers. Quantities held by the 
armed forces and those held for them by the oil companies shall also 
be excluded from the statistical summary. 
- 27 -
Article 7 
1. If the Commission establishes, in accordance with Article 3(1) of 
Directive .../90/EEC, the existence of oil supply difficulties for the 
Community or a part thereof, It shall convene the Committee provided 
for In Article 4(1) of Directive .../90/EEC. The Commission may 
decide, in accordance with the procedure referred to in Article 4(2) 
of Directive .../90/EEC, that Member States may make a withdrawal from 
their stocks not exceeding 30 days. 
2. An additional withdrawal may be decided upon by the Council acting on 
a Commission proposal. The Council shall take a decision acting by a 
qualified majority, if possible within a period of 10 days. 
Article 8 
1. This Directive shall replace Directive 68/414/EEC. 
2. References made to Directive 68/414/EEC shall be understood as being 
made to this Directive and shall be read in accordance with the table 
of equivalence annexed hereto. 
Article 9 
1. Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive by 
1 January 1992, and by 1 January 1991 In the case of Article 7. They 
shall forthwith inform the Commission thereof. 
2. Notwithstanding paragraph 1, the oil stockholding agencies shall have 
the quantities referred to in Article 3(2) no later than 
1 January 1993. 
- 28 -
3. Until such time as the provisions referred to in paragraph 1 have been 
adopted, Member States shall continue to fulfil their obligations 
pursuant to Directive 68/414/EEC. 
4. When Member States adopt these provisions, these shall contain a 
reference to this Directive or shall be accompanied by such reference 
at the time of their official publication. The procedure for such 
reference shall be adopted by Member States. 
Article 10 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
- 29 -
ANNEX 
Table of equivalence 
Directive 68/414/EEC This Directive 
Article 1(1) 
Article 1(2) 
Article 1(3) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6(1)(1) 
Article 6(1)(2) 
Article 6(2 
Article 6(3)(1) 
Article 6(3)(2) 
Article 7 
Article 8 
Article 9 Article 1(1) 
Article 1(2) 
Article 1(3) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6(1)(1) 
Article 6(2) 
Article 6(3) 
Article 7(1) 
Article 7(2) 
Article 8 
Article 9(1) 
Article 9(2) 
Article 9(3) 
Article 9(4) 
Article 10 
- 30 -
Fiche d'impact de certains actes législatifs sur les PME et l*ewploi 
1. OBLIGATIONS ADMINISTRATIVES DECOULANT DE L'APPLICATION DE LA 
LEGISLATION POUR LES ENTREPRISES 
Obligation de stockage pétrolier 
(déjà existante sur base de la Directive 687414/CEE) 
2. AVANTAGES POUR L'ENTREPRISE 
- BUI/1 
- LESQUELLES 
sécurité d'approvisionnement pétrolier améliorée au 
niveau communautaire 
INCONVENIENTS POUR L'ENTREPRISE 
(coutssupplementair.es) 
- f¥i|NON 
- CONSEQUENCES 
4. EFFETS SUR L'EMPLOI I 
Non ! 
i 
i 
5. Y A-T-IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES | 
SOCIAUX ? ! I I 
- ••••NON j 
- AVIS DES PARTENAIRES SOCIAUX S 
i 
6. Y A-T-IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ? ! 
NON 
ISSN 0254-1475 
COM(90)514final 
DOCUMENTS 
EN 12 
Catalogue number : CB-CO-90-583-EN-C 
ISBN 92-77-65944-0 
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