1999/280/EC: Council Decision of 22 April 1999 regarding a Community procedure for information and consultation on crude oil supply costs and the consumer prices of petroleum products
Date: 1999-04-22
Institutions: Council of the European Union
Subjects: consumer price, distribution cost, import, petroleum, petroleum product, supply

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 April 1999

regarding a Community procedure for information and consultation on crude oil
supply costs and the consumer prices of petroleum products

(1999/280/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 213 thereof,

Having regard to the proposal submitted by the Commis-
sion (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

(1) Whereas transparency of consumer prices of petro-
leum products and information about crude oil
supply costs are necessary for the satisfactory opera-
tion of the internal market, and particularly for the
free movement of goods within the Community;

(2) Whereas Council Directive 76/491/EEC of 4 May
1976 regarding a Community procedure for in-
formation and consultation on the prices of crude
oil and petroleum products in the Community (4)
requires Member States to communicate to the
Commission information which no longer reflects
the conditions prevailing on the oil markets;
whereas Directive 76/491/EEC should therefore be
repealed and replaced by a new Community in-
formation procedure;

(3) Whereas Council Regulation (EC) No 2964/95 of
20 December 1995 introducing registration for
the
and
crude

deliveries

imports

oil

in

(1) OJ C 232, 24.7.1998, p. 10.
(2) OJ C 313, 12.10.1998, p. 68.
(3) OJ C 407, 28.12.1998, p. 182.
(4) OJ L 140, 28.5.1976, p. 4.

Community (5) enables
the Commission to be
informed, in respect of each Member State, of the
monthly supply cost by type of crude oil as regards
imports from third countries or deliveries from
another Member State but does not enable it to
determine the overall crude oil supply cost in the
Community;

(4) Whereas

it

is

therefore desirable to set up a
Community procedure for information and consul-
tation on crude oil supply costs and the consumer
prices of petroleum products;

(5) Whereas this procedure requires the acquisition, at
regular
intervals, of certain information from
Member States regarding crude oil supply costs and
the consumer prices of petroleum products in
aggregate form;

(6) Whereas, in accordance with their current practice,
Member States should continue to communicate to
the Commission the consumer prices of petroleum
products each Monday as they have done in the
past on a voluntary basis; whereas Member States
may maintain their current system or create new
procedures to collect the data;

(7) Whereas the information collected should make it
possible to make a comparison of the trend in costs
and oil prices charged in the Community;

(8) Whereas the taxes charged on petroleum products
are a component of the selling price, and it is
therefore necessary, in order to ensure the transpar-
ency of the prices of those products and make a

(5) OJ L 310, 22.12.1995, p. 5.

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the

in the
comparison of
Community, to indicate the consumer prices of
petroleum products net of duties and taxes and
inclusive of all taxes;

charged

prices

5.

‘consumer prices' shall mean the most representative
price levels actually charged to consumers in a given
category.

(9) Whereas the information collected and the results
of the analyses carried out by the Commission
should be published at Community level in order
to ensure market transparency and should be the
subject of consultation between the Member States
and the Commission;

Article 3

1. Member States shall communicate to the Commis-
sion the following information:

(a) the monthly crude oil supply cost cif in the month

following the end of the month in question;

(10) Whereas, should the Commission find anomalies
or inconsistencies in the figures communicated to
it, it should be able to obtain further information
from the Member State concerned;

(b) the consumer prices of petroleum products net of
duties and taxes and inclusive of all taxes in force on
the 15th day of each month, in the 30 days following
the 15th day of the month in question.

(11) Whereas the precise arrangements concerning the
communications to be made need to be specified
in more detail,

2. On the basis of
the current collection systems,
Member States shall continue to communicate to the
Commission the consumer prices of petroleum products
net of duties and taxes in force each Monday, at the latest
by 12 noon the following day.

HAS ADOPTED THIS DECISION:

Article 4

Article 1

The Member States shall communicate to the Commis-
sion information relating to the curde oil supply cost cif
and the consumer prices of petroleum products, in the
manner laid down in Article 3. The list of petroleum
products is set out in the Annex.

The information shall be obtained by aggregating the data
received and shall be presented in such a way as to give as
representative a picture as possible of each Member State’s
oil market.

Article 2

For the purposes of this Decision:

1.

2.

3.

4.

‘supply cost' shall mean the cost of all crude oil
imports and deliveries, as well as crude oil produced in
a Member State;

‘crude oil importers' shall mean all quantities of crude
oil entering into the Community for purposes other
than transit which are intended to cover the needs of a
Member State;

‘crude oil deliveries' shall mean all quantities of crude
oil entering into the territory of a Member State from
another Member State for purposes other than transit
which are intended to cover the needs of the former
Member State;

‘crude oil produced in a Member State' shall mean all
crude oil produced and refined in a Member State,
where such such production represents more than
15 % on an annual basis of the total crude oil supply
of that Member State;

On the basis of the information collected pursuant to this
Decision, the Commission shall publish in an appropriate
form:

(a) each month, the crude oil supply cost cif and the
consumer prices of petroleum products net of duties
and taxes and inclusive of duties and taxes charged on
the 15th day of each month;

(b) each week, the consumer prices of petroleum products

net of duties and taxes charged on Monday.

Article 5

The Member States and the Commission shall consult
each other on matters related to this Decision, such as the
information collected pursuant to it.

Article 6

All information communicated pursuant to this Decision
shall be confidential. This provision shall not however
prevent the distribution of general or summary informa-
tion in terms which do not disclose details relating to
individual undertakings, i.e. in terms which refer to at
least three undertakings. Member States may refrain from
submitting details which relate to such individual under-
takings.

Article 7

the Commission finds that

If
there are anomalies or
inconsistencies in the information communicated to it by
it may ask the Member States to
the Member States,
permit it to acquaint itself with the calculation and assess-
ment procedures used to arrive at the aggregated informa-
tion.

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Article 8

Within the limits laid down by this Decision, the Commission shall adopt implementing
provisions regarding the form, content and all other aspects of the communications
provided for in Article 1.

Article 9

Directive 76/491/EEC shall be repealed.

This Decision is addressed to the Member States.

Article 10

Done at Luxembourg, 22 April 1999.

For the Council

The President

W. M(cid:154)LLER

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1. motor fuels:

(cid:190) at the pump:

ANNEX

List of petroleum products

(cid:190) premium leaded petrol

(cid:190) premium unleaded Euro 95 (Euro super 95)

(cid:190) diesel

(cid:190) LPG

2. domestic heating fuels:

(cid:190) for small consumers:

(cid:190) heating gas oil

3. industrial fuels:

(cid:190) for wholesale market deliveries:

(cid:190) fuel oil (sulphur content exceeding 1 %)

(cid:190) fuel oil (sulphur content not exceeding 1 %)