Proposal for a Council Directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products {SEC(2008) 2858} {SEC(2008) 2859}
Date: 2008-11-13
Institutions: European Commission
Subjects: crude oil, disclosure of information, energy supply, minimum stock, petroleum product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2009 
COM(2008) 775 final/2 

2008/0220 (CNS) 

CORRIGENDUM 
Annule et remplace le document COM(2008)775 final du 13.11.2008. 
Concerne toutes les versions linguistiques.  

Proposal for a 

COUNCIL DIRECTIVE 

imposing an obligation on Member States to maintain minimum stocks of crude oil 
and/or petroleum products 

(presented by the Commission) 

{SEC(2008) 2858} 
{SEC(2008) 2859} 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

The March 2007 European Council underlined the need to enhance the security of supply for 
the EU as a whole and for each Member State, inter alia by developing more effective crisis 
response  mechanisms.  It  highlighted  in  this  context  the  need  to  review  EU  oil  stocks 
mechanisms, with special reference to the availability of oil in the event of a crisis, stressing 
complementarity with the crisis mechanism of the International Energy Agency (IEA). 

The mandate of the European Council confirms the Commission’s view that the weaknesses 
of the current system need to be addressed. Though no particular system in a Member State 
has to date demonstrably failed to provide for adequate supplies in case of crisis nor has been 
ruled as inadequate e.g. by the ECJ, the number and character of infringement proceedings in 
specific instances cast strong doubts on current practices, especially when considered together 
with other circumstantial evidence of possible irregularities in the current system found e.g. 
through IEA and/or Commission activities and/or assessments. 

In  particular,  analysis  of  the  current  system  reveals  flaws  which  might  prevent  it  from 
functioning  suitably  in  case  of  an  actual  supply  disruption.  There  are  doubts  whether  the 
present systems could guarantee that the stocks held for emergencies would be fully available 
and  could  be  effectively  mobilised  as  needed.  The  EU  also  lacks  coordinated  intervention 
procedures,  rendering  prompt  decision  making  and  effective  actions,  which  are  crucial  in  a 
crisis, very difficult in practice. Better adaptation to the internationally accepted rules of the 
IEA  also  seems  desirable  because  this  would  allow  the  use  of  EU  stocks  to  have  a  better 
impact in an IEA action. 

As a result of these flaws, the system may not deliver the desired results in a crisis, running 
the  risk  of  exposing  the  economy  to  substantial  damage.  In  view  of  the  important  role  oil 
plays in modern economies and societies, the costs would be enormous, as evidenced in the 
impact assessment. Under these circumstances, waiting for hard proof would be irresponsible. 

The  current  system  is  also  prone  to  free  riding:  Member  States  with  possibly  less  reliable 
systems  can  count  on  countries  with  sound  arrangements.  This  however  compromises  the 
emergency preparedness of the EU as a whole. 

The overall objective of the revision is to further strengthen the system while at the same time 
optimising the administrative obligations on Member States. The emergency response system 
needs to be brought more into line with the European Union’s needs concerning its readiness 
to  react  to  oil  supply  disruptions,  should  they  occur,  efficiently  and  in  a  fully  coordinated 
manner. 

General context 

Oil is the most important energy source in the EU and the economy is crucially dependent on 
its  continuous,  reliable  and  affordable  supply.  In  the  light  of  high  and  increasing  import 
dependence, security of oil supply is particularly important.  

The EU must be in a position to offset or at least diminish any harmful effects resulting from 
possible supply disruptions. Experience shows that the release of emergency oil stocks is the 
easiest and fastest way of making large volumes of additional oil and/or petroleum products 
available  to  an  undersupplied  market,  thereby  alleviating  market  shortage  and  mitigating 
negative impacts on the economy. 

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In recent years the risk of oil supply disruptions has grown for a number of reasons. Current 
global trends, coupled with the EU’s internal development (such as successive enlargements, 
completion of the internal market, decreasing indigenous production) are all factors calling for 
updating of the existing EU stock legislation created 40 years ago.  

In  2002,  the  Commission  proposed  a  directive  to  increase  the  volume  of  stocks  to  be 
maintained in each Member State to 120 days and to give the EU the possibility to decide how 
these stocks are used, not only in the event of a physical disruption but also in the event of a 
perceived risk which would trigger dangerous market volatility. The Commission faced much 
resistance in the European Parliament and the Council and subsequently decided to withdraw 
the proposal.  

Existing provisions in the area of the proposal 

•  Council Directive 2006/67/EC of 24 July 2006 imposing an obligation on Member States 
to maintain minimum stocks of crude oil and/or petroleum products, OJ L 217, 8.8.2006, 
p. 8; 

•  Council  Decision  68/416/EEC  of  20  December  1968  on 

the  conclusion  and 
implementation of individual agreements between Governments relating to the obligation 
of  Member  States  to  maintain  minimum  stocks  of  crude  oil  and/or  petroleum  products, 
OJ L 308, 23.12.1968, p. 19; 

•  Council  Directive  73/238/EEC  of  24  July  1973  on  measures  to  mitigate  the  effects  of 
difficulties in the supply of crude oil and petroleum products, OJ L 228, 16.8.1973, p. 1. 

•  The proposed directive would replace all the above three pieces of legislation. 

Directive  2006/67/EC  is  a  codified  version  replacing  Council  Directive  68/414/EEC  and 
Council Directive 98/93/EC amending it.  

Consistency with other policies and objectives of the Union 

This proposal is fully consistent with the objectives of the Union, especially those concerning 
the establishment of an internal market, solidarity among Member States and the sustainable 
development of Europe based on balanced economic growth and price stability. 

The proposal is also consistent with the climate and energy policy, one of the pillars of which 
is the security of energy supply.  

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

A public consultation was carried out between April and June 2008 to ascertain the views of 
all interested parties on possible revision of the existing legislation on emergency oil stocks. 
The consultation was based on a document outlining the key issues in the current regime that 
in  the  Commission’s  view  need  to  be  addressed  and  suggesting  possible  changes  to  the 
current  legislation.  In  addition  to  several  companies  and  industry  associations,  seventeen 
Member States submitted their contributions. 

Apart  from  the  on-line  public  consultation,  the  main  platforms  for  the  consultation  of 
stakeholders were the Oil Supply Group and the Fossil Fuels (also known as Berlin) Forum. 
In  addition  to  these  structured  dialogues,  Member  States,  the  stakeholder  community  and 
external experts were consulted through several informal meetings. The IEA was also a vital 
source of information and external expertise. 

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Summary of responses and how they have been taken into account 

Most  stakeholders  supported  the  objectives  of  the  revision  spelled  out  in  the  consultation 
document.  In  particular,  efforts  to  ease  the  administrative  burden,  establish  coherent 
emergency procedures complementary to those of the IEA and strengthen compliance through 
reinforced  verification  and  control  received  general  support.  However,  the  stakeholder 
community,  both  Member  States  and  industry,  proved  divided  on  the  proposals  aimed  at 
improving  stock  availability.  While  some  stakeholders  insisted  that  all  emergency  stocks 
should  be  government-owned  to  ensure  maximum  availability,  others  argued  that  Member 
States should be able to adapt their systems to their special circumstances. 

The  majority  of  stakeholders  opposed  the  idea  of  a  strict  physical  separation  of  emergency 
stocks and commercial stocks, arguing for commingling (storing emergency and commercial 
stocks  in  the  same  facilities  or  even  the  same  tanks)  with  a  view  to  optimising  cost  and 
location.  However,  proper  accounting  and  strict  control  was  advocated  to  ensure  that 
commingled emergency stocks are not used for commercial purposes.  

Collection and use of expertise 

The  expertise  feeding  into  the  impact  assessment  and  the  legislative  proposal  was  collected 
through  numerous  formal  and  informal  consultations  and  meetings  held  during  2007  and 
2008. Members of the Oil Supply Group answered two dedicated questionnaires: one on the 
composition  and  availability  of  emergency  oil  stocks,  the  other  on  the  resources  used  for 
emergency stockholding under the current rules.  

No  external  contractor  was  involved  in  preparing  the  impact  assessment  or  the  legislative 
proposal. 

Impact assessment 

Four options were considered in the accompanying impact assessment, and the outcome can 
be summarised as follows. 

Option 0: No policy change 

With  no  policy  change,  effective  EU-wide  emergency  preparedness  cannot  be  guaranteed. 
This  gives  cause  for  concern  since  supply  disruptions  might  become  more  frequent  and 
significant in the future.  

Option 1: Reinforcing control and coordination mechanisms within the existing system 

This  option  would  not  entail  a  change  to  current  stockholding  arrangements  but  would 
introduce  a  reinforcement  of  public  control  of  the  availability  of  emergency  stocks  and  of 
emergency  mechanisms.  While  enabling  some  improvements,  such  an  approach  would  not 
allow  the  full  range  of  current  shortcomings  to  be  tackled,  making  it  impossible  to  create  a 
consistently  robust  system  across  the  EU.  Reinforced  controls  could  help  to  detect  cases  of 
non-compliance  but  the  underlying  causes  of  insufficient  stock  availability  would  not  be 
addressed.  

Option  2:  Establishing  a  centralised  EU  system  with  mandatory  state/public  ownership  of 
emergency stocks 

This  option  would  require  that  all  90  days  of  dedicated  emergency  stocks  are  state-owned, 
managed by an agency, possibly controlled at EU level, and held separately from commercial 
stocks. Such stocks would unquestionably be available for emergency purposes, but some of 
the  benefits  associated  with  commingling  (automatic  turnover  of  stocks,  stocks  closer  to 
consumers)  would  be  lost.  This  option  would  represent  a  significant  change  to  the  current 
stockholding  system  of  most  Member  States,  with  substantial  public  expenditure.  This  may 

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not be justified by the experience of past disruptions and may be questioned from the point of 
view of proportionality and subsidiarity. 

Option  3:  Creating  dedicated  EU  emergency  stocks  within  a  revised  version  of  the  existing 
system  

Requiring  Member  States  to  hold  an  obligatory  portion  of  emergency  stocks  in  the  form  of 
government-  or  agency-owned  stocks  would  result  in  ‘dedicated’  stocks  unquestionably 
available as supplementary volumes in case of a disruption; levels much lower than 90 days 
would be sufficient to cope with disruptions such as those experienced in the past. Member 
States  would  have  considerable  flexibility  in  choosing  how  to  satisfy  the  rest  of  the 
stockholding  obligation.  Most  Member  States  are  reasonably  close  to  complying  with  this 
option.  This  option  provides  reasonable  protection  against  supply  disruptions  while,  in  line 
with the proportionality principle, leaving scope for national decisions. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

While  Option  3  is  clearly  the  preferred  option  for  the  Commission,  the  results  of  the 
stakeholder  consultations  and  impact  assessment  seem  not  to  make  it  possible  for  the 
Commission to impose the constitution of specific stocks in an obligatory fashion at present. 
The  Commission  proposal  therefore  builds  on  this  option  while  leaving  the  constitution  of 
specific  stocks  at  the  discretion  of  Member  States  for  the  moment.  Rules  for  reinforced 
control  are  proposed  and,  in  the  event  of  stocks  not  complying  with  certain  criteria,  annual 
reporting on the location and ownership of stocks will help to verify that such stocks are at the 
full disposal of Member States. A review clause will enable the Commission to assess after a 
period of time whether Member States not constituting specific stocks are applying alternative 
solutions giving convincing assurance of reliability.  

The constitution of part of stocks as stocks specifically composed of products and owned by 
government  or  an  agency  is  highly  desirable,  especially  in  the  context  of  the  proposed 
alignment  of  the  general  stockholding  obligations  of  Member  States  with  those  under  IEA 
rules. This alignment will bring more coherence into the EU system of oil stocks and facilitate 
interaction  with  the  IEA.  It  will  also  simplify  compliance  and  reduce  the  administrative 
burden for Member States, particularly those currently facing a dual obligation on the basis of 
their  membership  of  both  the  EU  and  the  IEA.  It  can,  however,  also  lead  to  looser 
specifications for stockholding practices and should therefore be offset by public ownership 
and administration of at least part of the emergency stocks, as is the case e.g. in the US, Japan 
or Korea. 

The proposed legislation will also create more flexibility for Member States in choosing the 
specific  arrangements  for  complying  with  the  stockholding  obligations.  Member  States  will 
gain  the  possibility  to  delegate  between  themselves  the  execution  of  some  of  their 
stockholding  obligations.  On  the  other  hand,  should  a  Member  State  choose  to  impose  a 
stockholding obligation on companies, the companies will be given the right to delegate their 
obligation  to  a  central  stockholding  entity.  This  option  will  remove  some  types  of  potential 
discrimination between categories of operators and will allow eradication of the problematic 
use of ‘ticket’ contracts and burdensome bilateral agreements. The proposal provides for rules 
and procedures to be followed in case of an IEA-led action and in emergency situations when 
no IEA action is implemented. The EU will be able to contribute better to an IEA action: IEA 
member countries will be able to participate without explicit Commission approval while the 
Commission will coordinate the contribution of non-IEA Member States.  

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Finally, the proposed rules will allow audits/inspections of emergency stocks to be carried out 
by or on behalf of the Commission. 

Legal basis 

The  legal  basis  for  the  proposal  is  Article  100  of  the  Treaty  establishing  the  European 
Community.  

Subsidiarity principle 

Community action will better achieve the objectives of the proposal for the following reasons. 

Energy  security  is  a  public  good  and  —  given  the  existence  of  the  internal  market  —  the 
benefits of the stocks released in a crisis cannot be limited to a single country. The internal 
market  ensures  that  any  stock  released  can  flow  freely  to  any  buyer  EU-wide.  The  benefits 
from releasing stocks will not be captured by a single country but by the EU as a whole. As a 
result,  if  the  emergency  systems  adopted  by  individual  Member  States  are  too  diverse  and 
provide  different  levels  of  preparedness  and  reliability,  this  may  lead  to  reduced  efficiency 
and a free rider problem. 

Since  oil  markets  are  global,  any  disruptions  to  oil  supply  —  whether  occurring  in  one  or 
more  Member  States  or  outside  the  EU  —  will  have  repercussions  for  all  Member  States. 
Furthermore, in integrated economies such as the EU internal market, the level of emergency 
preparedness  of  any  single  Member  State  will  influence  the  level  of  preparedness  of  the 
Union as a whole. If minimum requirements are imposed throughout the EU, it may be easier 
to avoid the emergence of a problem or to cope with a disruption. 

It must also be kept in mind that several Member States are not members of the IEA, which 
has a mandate to tackle global disruptions. The European Commission takes part in the work 
of the agency, but full EU participation in an IEA action can be guaranteed only through an 
EU mechanism involving Member States that are not members of the IEA. 

The above arguments all mean that the objective of maintaining a high level of security in the 
supply  of  oil  and  petroleum  products  within  the  EU  can  be  best  achieved  in  a  coordinated 
way.  

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

This  proposal  does  not  go  beyond  what  is  necessary  in  order  to  achieve  the  objectives. 
Member  States  will  continue  to  have  considerable  flexibility  in  choosing  the  stockholding 
arrangements  and  the  composition  of  the  stocks,  with  due  regard  to  their  geographical 
situation, refining capacities and other relevant factors. 

The proposal does not prescribe the details of the stockholding arrangements to be established 
by  Member  States.  It  merely  defines  the  criteria  with  which  the  emergency  stocks  must 
comply. Some of the proposed provisions are aimed at reducing the administrative burden on 
Member States and economic operators. 

Choice of instruments 

Proposed instrument: directive.  

The instrument proposed is a directive to be implemented by the Member States. A directive 
is the appropriate instrument as it clearly defines the objectives to be reached, while leaving 
Member  States  sufficient  flexibility  to  implement  it  in  the  way  that  suits  their  particular 
national circumstances best. 

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BUDGETARY IMPLICATION 

The  proposal  will  have  a  limited  impact  on  the  Community  budget,  in  particular  to  cover 
expenditure on information technology and, should the Commission so decide, expenditure on 
audits or inspections of emergency stocks.  

No major direct and unavoidable impact is foreseen for the budgets of Member States. 

ADDITIONAL INFORMATION 

Simplification 

The  legal  framework  for  emergency  stocks  in  the  EU  and  rules  relating  to  their  use  are 
currently  dispersed  across  three  distinct  pieces  of  EU  legislation.  Under  the  proposal,  these 
would be replaced by a single legislative act. 

By aligning the stockholding obligation with that of the IEA, the proposal also provides for 
the simplification of Member States’ administrative procedures. 

Review clause 

After  three  years,  the  Commission  may  propose  that  part  of  the  emergency  stocks  of  each 
Member State is to be owned by the government or an agency. 

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2008/0220 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

imposing an obligation on Member States to maintain minimum stocks of crude oil 
and/or petroleum products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 100 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 
Having regard to the opinion of the European Economic and Social Committee3, 
After consulting the European Data Protection Supervisor4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 
2 
3 
4 
5 

6 

The  supply  of  crude  oil  and  petroleum  products  to  the  Community  remains  very 
important, particularly for the transport sector and the chemicals industry. 

The  increasing  concentration  of  production,  dwindling  oil  reserves  and  growing 
worldwide consumption of petroleum products are all contributing to an increased risk 
of supply difficulties. 

The European Council underlined the need to enhance security of supply for the EU as 
a  whole  and  for  each  Member  State,  inter  alia  by  reviewing  the  EU’s  oil  stocks 
mechanisms, with special reference to the availability of oil in the event of a crisis5. 

That  objective  requires,  among  other  things,  greater  convergence  between  the 
Community system and the system provided for by the International Energy Agency 
(hereinafter ‘the IEA’). 

Under  Council  Directive  2006/67/EC  of  24  July  2006  imposing  an  obligation  on 
Member States to maintain minimum stocks of crude oil and/or petroleum products6, 
stocks  are  calculated  on  the  basis  of  average  daily  inland  consumption  during  the 
previous calendar year. However, stockholding obligations under the Agreement on an 
International  Energy  Programme  of  18  November  1974  (hereinafter  ‘the  IEA 
Agreement’) are calculated on the basis of net imports of oil and petroleum products. 
For  that  reason,  and  owing  to  other  differences  in  methodology,  the  way  in  which 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
European Council Action Plan (2007-2009), Energy Policy for Europe, Annex I to document 7224/07 
(Brussels European Council 8/9 March 2007, Presidency Conclusions), point 3. 
OJ L 217, 8.8.2006, p. 8. 

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(6) 

(7) 

(8) 

(9) 

(10) 

stockholding  obligations  and  Community  emergency  stocks  are  calculated  should  be 
brought more into line with the calculation methods used under the IEA Agreement. 

Indigenous  production  of  oil  can  in  itself  contribute  to  security  of  supply  and  could 
therefore  provide  justification  for  oil-producing  Member  States  to  hold  lower  stocks 
than  other  Member  States.  A  derogation  of  that  kind  cannot,  however,  result  in 
stockholding  obligations  that  differ  substantially  from  those  that  apply  under 
Directive 2006/67/EC. It therefore follows that the stockholding obligation for certain 
Member  States  should  be  set  on  the  basis  of  inland  oil  consumption  and  not  on  the 
basis of imports. 

The Presidency Conclusions of the Brussels European Council of 8 and 9 March 2007 
show that it is becoming increasingly vital and pressing for the Community to put in 
place  an  integrated  energy  policy,  combining  action  at  European  and  Member  State 
level7. It is therefore essential to ensure greater convergence between the stockholding 
mechanisms in place in the various Member States. 

The  availability  of  oil  stocks  and  the  safeguarding  of  energy  supply  are  essential 
elements of public security for Member States and for the Community. The existence 
of central stockholding entities or services in the Community brings those goals closer. 
Where  oil  stocks  may  be  held  in  any  location  across  the  Community  and  by  any 
central entity or service set up for that purpose, prohibiting their use for commercial 
purposes is sufficient to allow the various Member States concerned to make optimum 
use  of  national  law  to  define  the  terms  of  reference  for  their  central  stockholding 
entities while easing the financial burden placed on final consumers as a result of such 
stockholding activities. 

Given  the  objectives  of  the  Community  legislation  on  oil  stocks,  possible  security 
concerns  which  may  be  expressed  by  some  Member  States  and  the  desire  to  make 
mechanisms  for  solidarity  amongst  Member  States  more  rigorous  and  more 
transparent,  central  entities  acting  without  an  intermediary  must  be  restricted  to 
operating within national boundaries. 

It should be possible for oil stocks to be held at any location across the Community. 
Consequently,  economic  operators  on  which  such  stockholding  obligations  fall  must 
be  able  to  discharge  their  obligation  by  delegating  it  to  any  one  of  the  central 
stockholding entities. Furthermore, if that obligation is delegated with payment of an 
amount  limited  to  the  cost  of  the  services  provided  by  a  freely  chosen  central 
stockholding entity located within the Community, the risk of discriminatory practices 
at national level will be reduced. 

(11)  Member  States  should  ensure  full  availability  of  all  stocks  held  pursuant  to 
Community  legislation.  In  order  to  guarantee  that  availability,  there  should  be  no 
restrictions  or  limitations  on  the  right  of  ownership  of  those  stocks.  Petroleum 
products  owned  by  companies  facing  a  significant  risk  of  enforcement  proceedings 
against their assets should not be taken into account. Where a stockholding obligation 
has been imposed on operators, initiation of bankruptcy or settlement proceedings may 
be considered to demonstrate the existence of such a risk. 

(12) 

In  view  of  what  is  required  in  connection  with  setting  up  emergency  policies, 
convergence among national stockholding mechanisms and the need to ensure a better 

7 

Doc. 7224/07, point 36. 

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overview of stock levels, particularly in the event of a crisis, Member States and the 
Community must have the means for reinforced control of those stocks. 

(13)  The fact that a substantial part of those stocks is owned by the Member States or the 
central  entities  set  up  by  the  various  national  authorities  means  that  it  would  be 
possible to increase the level of control and transparency, at least for that part of the 
stocks.  

(14)  To help enhance security of supply in the Community, the stocks, known as ‘specific 
stocks’, purchased by the Member States or the central entities and constituted on the 
basis of decisions taken by the Member States should correspond to actual needs in the 
event of a crisis. They should also have separate legal status to ensure full availability 
should  such  a  crisis  occur.  To  that  end,  the  Member  States  concerned  should  ensure 
that  appropriate  steps  are  taken  to  protect  those  stocks  unconditionally  against  all 
enforcement measures. 

(15)  At  this  stage,  the  volumes  to  be  owned  by  the  central  entities  or  the  Member  States 
should  be  set  at  a  level  determined  independently  and  voluntarily  by  each  of  the 
Member States concerned.  

(16)  Given  the  need  to  increase  the  level  of  control  and  transparency,  Member  States 
should  be  subject  to  increased  monitoring  requirements  with  regard  to  emergency 
stocks  that  are  not  specific  stocks  and,  in  certain  cases,  should  be  required  to  notify 
measures  governing  the  availability  of  emergency  stocks  and  any  changes  in  the 
arrangements for maintaining them. 

(17)  Directive  2006/67/EC  has  made  a  significant  contribution  to  the  creation  and 
organisation  of  oil  stocks  at  individual  Member  State  level,  but  does  not  require 
separate accounting where stocks form part of commercial oil stocks or oil stocks held 
for  operational  reasons.  In  such  cases,  stock  transparency  should  therefore  be 
increased. 

(18)  The  frequency  with  which  stock  summaries  are  drawn  up  and  the  deadline  for  their 
submission,  as  laid  down  by  Directive  2006/67/EC,  seem  to  be  out  of  step  with  the 
various  oil  stock  systems  that  have  been  set  up  in  other  parts  of  the  world.  In  a 
resolution  on  the  macroeconomic  impact  of  the  increase  in  the  price  of  energy,  the 
European Parliament voiced its support for more frequent reporting8. 

(19) 

(20) 

In order to prevent double reporting with regard to the information to be provided by 
Member States on the different product categories, Regulation (EC) No ******** of 
the European Parliament and of the Council of ******** on energy statistics should 
serve as a point of reference for the different categories of petroleum products covered 
by this Directive.  

In  order  to  enhance  security  of  supply,  provide  the  markets  with  fuller  information, 
reassure  consumers  about  the  state  of  oil  stocks  and  optimise  the  way  in  which 
information  is  transmitted,  provision  must  be  made  for  possible  subsequent 
amendment or clarification of the rules for the preparation and submission of statistical 
summaries. 

(21)  With  the  same  objectives  in  mind,  the  preparation  and  submission  of  statistical 
summaries should also be extended to stocks other than emergency stocks and specific 
stocks, with those summaries to be submitted on a weekly basis. 

8 

Doc. 2006/2247, point 36.  

EN 

10 

   EN 

 
                                                 
(22)  Biofuels  and  certain  additives  are  often  blended  with  petroleum  products.  When 
blended with those products, it should be possible to take them into account both when 
calculating the stockholding obligation and when calculating the stocks held. 

(23)  As  there  may  be  errors  or  discrepancies  in  the  summaries  submitted  to  the 
Commission,  the  Commission’s  employees  or  authorised  agents  should  be  able  to 
verify  the  existence  of  the  stocks  and  the  documents  used  by  the  authorities  of  the 
Member States. 

(24)  Complex  electronic  and  statistical  data  processing  should  be  carried  out  for  the  data 
received  or  collected.  This  requires  the  use  of  integrated  tools  and  procedures.  The 
Commission should therefore be able to take all appropriate measures to that effect, in 
particular developing new computer systems. 

(25)  The  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Member States is governed by Directive 95/46/EC of the European Parliament and of 
the  Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing  of  personal  data  and  on  the  free  movement  of  such  data9,  while  the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Commission is governed by Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection of individuals with regard 
to the processing of personal data by the Community institutions and bodies and on the 
free  movement  of  such  data10.  In  particular,  those  Acts  require  the  processing  of 
personal  data  to  be  justified  by  a  legitimate  purpose  and  stipulate  that  any  personal 
data gathered accidentally must be deleted immediately. 

(26) 

It is desirable to allow the Member States concerned to fulfil any obligations they may 
be  subject  to  as  a  result  of  a  decision  to  release  stocks  taken  pursuant  to  the  IEA 
Agreement or its implementing measures.  

(27)  Council Directive 73/238/EEC of 24 July 1973 on measures to mitigate the effects of 
difficulties  in  the  supply  of  crude  oil  and  petroleum  products11  is  intended,  in 
particular, to offset, or at least to diminish, the adverse effects of any difficulties, even 
temporary,  having  the  effect  of  considerably  reducing  supplies  of  crude  oil  or 
petroleum  products,  including  the  serious  disruption  to  the  economic  activity  of  the 
Community  that  such  a  reduction  could  cause.  This  Directive  should  include  similar 
measures. 

(28)  Directive  73/238/EEC  also  aims  to  set  up  a  consultative  body  to  facilitate  the 
coordination  of  practical  measures  taken  or  proposed  by  the  Member  States  in  this 
field.  Such  a  body  should  be  provided  for  in  this  Directive.  It  remains  necessary  for 
each  Member  State  to  draw  up  a  plan  that  could  be  used  in  the  event  of  difficulties 
arising in the supply of crude oil and petroleum products. Each Member State should 
also make arrangements with regard to the organisational measures to be taken in the 
event of a crisis. 

(29)  Given that no compulsory standard minimum level has been set at  Community  level 
for  specific  stocks  and  in  view  of  the  number  of  new  mechanisms  set  up  by  this 
Directive,  its  implementation  should  be  reviewed  relatively  soon  after  its  entry  into 
force. 

9 
10 
11 

OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 228, 16.8.1973, p. 1. 

EN 

11 

   EN 

 
                                                 
(30)  This  Directive  replaces  or  covers  all  of  the  aspects  dealt  with  in  Council 
Decision 68/416/EEC of 20 December 1968 on the conclusion and implementation of 
individual  agreements  between  Governments  relating  to  the  obligation  of  Member 
States  to  maintain  minimum  stocks  of  crude  oil  and/or  petroleum  products12.  That 
Decision therefore no longer serves any purpose. 

(31)  Since the objective of the proposed action, namely to maintain a high level of security 
of oil supply in the Community through reliable and transparent mechanisms based on 
solidarity  amongst  Member  States  while  complying  with  the  internal  market  and 
competition  rules,  cannot  be  achieved  satisfactorily  by  Member  States  but,  owing  to 
the  scale  and  impact  of  that  action,  can  be  better  achieved  at  Community  level,  the 
Community may adopt measures by virtue of the principle of subsidiarity, as set out in 
Article 5 of the Treaty. In accordance with the principle of proportionality, as set out 
in that Article, this Directive does not go beyond what is necessary in order to achieve 
that objective. 

(32)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission13. 

(33)  Directives 73/238/EEC and 2006/67/EC and Decision 68/416/EEC should therefore be 

repealed,  

HAS ADOPTED THIS DIRECTIVE: 

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  oil  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  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 
vegetal and animal substances), forestry and related industries, as well as the biodegradable 
fraction of industrial and municipal waste; 

12 
13 

OJ L 308, 23.12.1968, p. 19. 
OJ L 184, 17.7.1999, p. 23. 

EN 

12 

   EN 

 
                                                 
(d) ‘inland consumption’ means the total quantities delivered within a country for both energy 
and  non-energy  use,  including  deliveries  to  electrical  power  stations  for  transformation  and 
deliveries to households, industry or transport for ‘final’ consumption; 

(e) ‘effective international decision to release stocks’ means any current decision taken by the 
Governing Board of the International Energy Agency to release a Member State’s stocks of 
oil or petroleum products; 

(f)  ‘central  stockholding  entity’  means  the  body  or  service  upon  which  powers  may  be 
conferred  to  act,  without  intermediary,  within  the  territory  of  a  given  Member  State  to 
acquire, maintain or sell specific stocks in that territory;  

(g) ‘major supply disruption’ means a substantial and unforeseen 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’ means the aggregate defined in Section 2.1 of Annex A to 
Regulation  (EC)  No  ******  of  the  European  Parliament  and  of  the  Council  of  ******  on 
energy statistics; 

(i)  ‘oil  stocks’  means  stocks  of  crude  oil  or  petroleum  products  as  defined  in  the  first 
paragraph  of  Section  3.1  of  Annex  C  to  Regulation  (EC)  No  ******  of  the  European 
Parliament and of the Council of ****** on energy statistics; 

(j)  ‘emergency  stocks’  means  the  oil  stocks  that  each  Member  State  is  required  to  maintain 
pursuant to Article 3 of this Directive; 

(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.  

The  definitions  set  out  in  this  Article  may  be  clarified  or  amended  in  accordance  with  the 
regulatory procedure referred to in Article 24(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 20XX14, that the total oil stocks maintained at 
all  times  within  the  European  Community  for  their  benefit  correspond,  at  the  very  least,  to 
90 days of net imports or 70 days of consumption, whichever of the two quantities is greater.  

2.  The  net  imports  to  be  taken  into  account  shall  be  calculated  on  the  basis  of  the  average 
crude  oil  equivalent  of  daily  imports  during  the  previous  calendar  year,  determined  in 
accordance with the method and procedures set out in Annex I.  

The  consumption  to  be  taken  into  account  shall  be  calculated  on  the  basis  of  the  crude  oil 
equivalent of average daily inland consumption during the previous calendar year, established 
and calculated in accordance with the method and procedures set out in Annex II. 

3. However, notwithstanding paragraph 2, net imports and consumption, as referred to in that 
paragraph,  shall  be  determined,  from  1  January  to  31  March  of  each  calendar  year,  on  the 

14 

This will be 31 December of the second calendar year following the year of adoption of this Directive. 

EN 

13 

   EN 

 
                                                 
basis of the quantities imported or consumed during the last year but one before the current 
calendar year. 

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 24(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 calendar 
year that corresponds to the reference year determined as stipulated in Article 3. 

3.  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 
24(2). 

Article 5 

Availability of stocks 

1. Member States shall ensure that emergency stocks and specific stocks, within the meaning 
of  Article  9,  which  are  held  within  their  national  territory  are  physically  accessible  and 
available at all times. They shall establish arrangements for the identification, accounting and 
control of those stocks so as to allow them to be verified at any time. For emergency stocks 
and  specific  stocks  that  form  part  of  or  are  commingled  with  stocks  held  by  economic 
operators, separate accounts must be kept. 

Member States shall, in particular, take all necessary measures to prevent emergency stocks 
and specific stocks from being used as collateral or for any other securities-related purpose. 
Emergency  stocks  and  specific  stocks  may  not  be  encumbered  by  any  financial  or  legal 
charges whatsoever. 

2. Where there is reason to implement the emergency procedures provided for in Article 21, 
Member States shall take the necessary measures to enable any other Member State for which 
they hold emergency stocks or specific stocks within their national territory to decide, in such 
circumstances, on the allocation, transportation and release of the stocks in question. 

Article 6 

Register of emergency stocks – Annual report 

1. Each Member State shall keep and continually update a detailed register of all emergency 
stocks  held  for  its  benefit  which  do  not  constitute  specific  stocks  within  the  meaning  of 
Article 9. That register shall contain, in particular, all the information needed to pinpoint the 
exact location of the stocks in question and to determine the quantities involved, the owner of 
the  stocks  and  their  exact  nature,  with  reference  to  the  categories  identified  in  the  first 
paragraph  of  Section  3.1  of  Annex  C  to  Regulation  (EC)  No  ******  of  the  European 
Parliament and of the Council of *********** on energy statistics.  

EN 

14 

   EN 

 
Within 30 days of the end of each calendar year, Member States shall send the Commission a 
copy of the stock register showing the stocks existing on the last day of the calendar year in 
question. 

Member States shall also send the Commission a copy of the register within eight days of a 
request by the Commission. Such requests may be made no later than 10 years after the date 
to which the requested data relate.  

2. Each Member State that has not undertaken to maintain specific stocks within the meaning 
of  Article  9  shall  draw  up  an  annual  report  analysing  the  measures  taken  by  its  national 
authorities  to  ensure  and  verify  the  availability  of  its  emergency  stocks  and  setting  out  any 
developments  in  the  institutional  and  organisational  arrangements  for  maintaining  both 
national emergency stocks and emergency stocks held within its territory on behalf of other 
Member States. That report shall be sent to the Commission within three months of the end of 
the calendar year to which it relates. 

Article 7 

Setting up central stockholding entities 

1. Member States may set up central stockholding entities. 

However,  where  Member  States  impose  stockholding  obligations  on  economic  operators 
operating  on  the  domestic  market,  they  shall  be  required  to  set  up  a  central  stockholding 
entity.  

No Member State may set up more than one central stockholding entity or any other similar 
body.  A  Member  State  may  set  up  its  central  stockholding  entity  at  any  location  within  the 
Community.  

The central stockholding entity shall take the form of a non-profit making body or service and 
shall not be considered to be an economic operator within the meaning of this Directive. 

2. The main purpose of the central stockholding entity shall be to acquire, maintain and sell 
oil stocks within the national territory of the Member State that set it up. It is the only body or 
service upon which powers may be conferred to act, without intermediary, within the territory 
of  the  Member  State  that  set  it  up  to  acquire,  maintain  or  sell  specific  stocks  within  the 
meaning of Article 9.  

With the exception of the acquisition and sale of specific stocks, central stockholding entities 
may make arrangements with economic operators for them to undertake tasks relating to the 
management of oil stocks, provided that any such delegations relate to oil stocks held within 
the territory of the Member State that set up the central stockholding entity in question. Tasks 
thus delegated may not be subdelegated. 

3.  No  central  stockholding  entity  may  acquire,  constitute,  maintain  or  manage  emergency 
stocks outside the national territory of  the Member State that set it up, unless an agreement 
delegates those tasks to the Member State within whose territory those stocks are located or to 
the central stockholding entity set up by that Member State.  

No Member State may acquire, constitute, maintain or manage emergency stocks outside its 
own  territory,  unless  an  agreement  delegates  these  tasks  to  the  Member  State  within  whose 
territory those stocks are located or to the central stockholding entity set up by that Member 
State. 

4. Each Member State shall require its central stockholding entity to: 

EN 

15 

   EN 

 
(a) publish, on an ongoing basis, full information, broken down by product category, on the 
stock volumes that it can undertake to maintain for economic operators pursuant to Article 8; 

(b)  publish,  at  least  six  months  in  advance,  the  conditions  subject  to  which  it  offers  these 
services to economic operators. 

Article 8 

Delegations by economic operators 

1.  Each  Member  State  shall  ensure  that  any  economic  operators  on  which  it  imposes 
stockholding obligations in order to fulfil its obligations under Article 3 are given the right to 
delegate those obligations in whole or in part, at the choice of the operator: 

(a) to the central stockholding entity of the Member State concerned, or 

(b) to one or more other central stockholding entities capable of maintaining such stocks, or  

(c) to other economic operators which have surplus stocks within the territory of the Member 
State  that  imposed  the  stockholding  obligations,  on  the  basis  of  an  agreement  to  be  signed 
with those operators. 

Obligations  delegated  in  accordance  with  point  (c)  in  the  first  subparagraph  may  not  be 
subdelegated. 

Member  States  shall  take  the  necessary  measures  to  prohibit  economic  operators  from 
delegating their stockholding obligations in any other way. 

2. Economic operators shall exercise their right to delegate stockholding obligations that have 
been  imposed  on  them  no  later  than  80  days  prior  to  the  start  of  the  period  to  which  the 
obligation in question relates, unless they were informed of that obligation less than 100 days 
before the start of the period concerned.  

Where economic operators are informed less than 100 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. 

3.  Each  Member  State  shall  require  the  central  stockholding  entity  it  set  up  to  receive,  in 
objective,  transparent  and  non-discriminatory  conditions,  all  delegation  requests  sent  by 
economic operators by virtue of paragraph 1, within the limits of its stockholding capacities 
within  national  territory  and  subject  to  a  payment  which  shall  not  exceed  the  costs  of  the 
services rendered. 

4.  A  Member  State’s  central  stockholding  entity  may  not  refuse  delegation  requests  which 
exceed its stockholding capacities within the national territory where such requests are made 
by an economic operator on which that Member State has imposed a stockholding obligation. 

5.  Where  an  economic  operator  on  which  a  Member  State  has  imposed  a  stockholding 
obligation delegates that obligation to the central stockholding entity of the Member State in 
question, that Member State shall make the necessary arrangements to ensure that the stocks 
can  be  maintained  by  its  central  stockholding  entity,  if  necessary  by  creating  new 
stockholding  capacity  within  its  national  territory  corresponding  to  that  required  by  the 
delegation request.  

Where  it  is  necessary  to  build  or  upgrade  new  storage  facilities  for  the  purpose,  neither  the 
Member  State  that  imposed  the  stockholding  obligation  nor  its  central  stockholding  entity 
may require payment from the economic operator until the work has been completed and the 
stocks constituted. 

EN 

16 

   EN 

 
Article 9 

Creating specific stocks 

1. Each Member State may irrevocably 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 (hereinafter ‘specific stocks’).  

Emergency stocks held pursuant to Article 3 may form part of the stocks held pursuant to this 
Article. 

2. Specific stocks shall be owned by the Member State or the central stockholding entity set 
up by it. 

3.  Specific  stocks  cover  only  the  following  product  categories,  as  defined  in  Section 4  of 
Annex B to Regulation (EC) No ******* of the European Parliament and of the Council of 
******* on energy statistics:  

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

Refinery gas (not liquefied)  

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  

4. Petroleum products constituting specific stocks shall be identified by each Member State on 
the  basis  of  the  categories  listed  in  paragraph  3.  Member  States  shall  ensure  that,  for  the 
products included in the categories used, the total crude oil equivalent of inland consumption 
is at least equal to 80% of inland consumption for the reference year determined according to 
the rules laid down in Article 3, as 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 be measured on the basis of their crude oil equivalent and shall correspond to a 
given  number  of  days  of  average  daily  inland  consumption  during  the  reference  year,  as 
calculated using the method set out in the third and fourth paragraphs of Annex II, restricted 
to the category in question. 

5. Each Member State that has decided to maintain specific stocks shall send the Commission 
notification,  to  be  published  in  the  Official  Journal  of  the  European  Union,  specifying  the 
level of the specific stocks that it has irrevocably undertaken to maintain permanently for each 

EN 

17 

   EN 

 
category. There shall be no compulsory minimum level other than the one thus notified, and it 
shall  be  applied  in  the  same  way  for  all  categories  of  specific  stocks  used  by  the  Member 
State.  

The Member State may increase the minimum level that applies to all categories of its specific 
stocks,  in  which  case  it  shall  send  the  Commission  a  new  notification  stating  the  increased 
level, which shall be published in the Official Journal.  

6. By the date of publication of each of those notifications, the Member State concerned shall 
adopt  such  laws,  regulations  or  administrative  provisions  as  may  be  appropriate  in  order  to 
ensure that stocks are held permanently at the notified level for each category that forms part 
of its specific stocks. 

Article 10 

Managing specific stocks 

1.  Each  Member  State  shall  keep  and  continually  update  a  detailed  register  of  all  specific 
stocks  held  within  its  national  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 eight days of a 
request by the Commission. Such requests may be made no later than 10 years after the date 
to which the requested data relate.  

2. Where specific stocks are commingled with other oil stocks, Member States shall make the 
necessary  arrangements  to  prevent  commingled  products  from  being  moved  without  prior 
written authorisation by the authorities of the Member State in whose territory the stocks are 
located.  

3.  Member  States  shall  take  the  necessary  measures  to  confer  unconditional  immunity  from 
enforcement  action  on  all  specific  stocks  maintained  or  transported  within  their  territory, 
irrespective of whether those stocks are owned by them or by other Member States. 

4.  With  the  exception  of  the  acquisition  and  sale  of  stocks,  Member  States  may  make 
arrangements  with  economic  operators  for  them  to  undertake  tasks  relating  to  the 
management  of  specific  stocks  located  within  their  national  territory.  Tasks  thus  delegated 
may not be subdelegated. 

Article 11 

Agreements between Member States and central stockholding entities with regard to specific 
stocks 

Member  States  and  their  central  stockholding  entities  may  entrust  tasks  relating  to  the 
management of specific stocks outside their national territory only to other Member States or 
central stockholding entities. Any such delegation shall be made for a limited period and any 
tasks thus delegated may not be subdelegated.  

Article 12 

The effect of delegations and agreements 

The delegations referred to in Articles 7, 8 and 10 and the agreements referred to in Article 11 
shall  in  no  way  alter  the  obligations  incumbent  upon  each  Member  State  pursuant  to  this 
Directive. 

EN 

18 

   EN 

 
Article 13 

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 24(2). The rules for submitting those summaries to 
the Commission may also be amended in accordance with the regulatory procedure referred to 
in Article 24(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 14 

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  national  territory,  it  shall  provide  details  of  the 
stocks  maintained  in  or  by  the  various  Member  States  and  central  stockholding  entities 
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 central stockholding entity. 

2.  Each  Member  State  concerned  shall  also  draw  up  and  submit  to  the  Commission  a 
summary  of  the  specific  stocks  located  within  its  national  territory  and  owned  by  other 
Member States or central stockholding entities, 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 central stockholding entity 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 10 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  24(2).  The  rules  for  submitting  those  summaries  to  the  Commission  may  also  be 
amended in accordance with the regulatory procedure referred to in Article 24(2). 

Article 15 

Summaries of commercial stocks 

EN 

19 

   EN 

 
1.  Member  States  shall  send  the  Commission  a  weekly  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 weekly statistical summary of the 
commercial stocks in the Community on the basis of the summaries submitted by the Member 
States. 

3.  The  Commission  shall  establish  rules  for  the  implementation  of  paragraphs  1  and  2  in 
accordance with the regulatory procedure referred to in Article 24(2). 

Article 16 

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  ******  of  the  European  Parliament  and  of  the  Council  of  ******  on 
energy  statistics  and  needed  for  the  purpose  of  drawing  up  the  summaries  required  by  this 
Directive.  

Article 17 

Biofuels and additives 

1. When calculating stockholding obligations under Articles 3 and 9 and when calculating the 
stock levels actually maintained, biofuels and additives shall be taken into account only where 
they have been blended with the petroleum products concerned. 

2.  The  rules  for  taking  biofuels  and  additives  into  account  when  calculating  stockholding 
obligations and stock levels, as laid down in paragraph 1, may be amended in accordance with 
the regulatory procedure referred to in Article 24(2). 

Article 18 

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  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 19 

Commission controls 

1.  The  Commission  may  at  any  time  decide  to  carry  out  checks  on  emergency  stocks  and 
specific stocks in the Member States. The Commission may ask the Coordination Group for 
advice when preparing those checks. 

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20 

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2. The objectives of the checks referred to in paragraph 1 may not include gathering personal 
data. Any personal data found or uncovered during those checks may not be gathered or taken 
into consideration and, if gathered accidentally, shall be destroyed immediately.  

3. Information gathered pursuant to this Article may be forwarded to the Coordination Group 
and any representative bodies from the sector concerned which are taking part in its work. 

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  the  stocks.  This  obligation  also  applies  to  all 
representatives  and  experts  from  the  Member  States  and  to  representatives  from  the  sector 
concerned who are attending meetings of the Coordination Group pursuant to Article 18.  

4.  Member  States  shall  ensure  that,  when  the  checks  referred  to  in  paragraph  1  are  being 
carried  out,  those  responsible  for  maintaining  and  managing  emergency  stocks  and  specific 
stocks  within  their  national  territory  cooperate  with  the  Commission’s  employees  or 
authorised agents.  

5.  Member  States  shall  recognise  the  right  of  the  Commission’s  employees  or  authorised 
agents  to  carry  out  any  checks  relating  to  stocks  maintained  pursuant  to  this  Directive  and 
shall ensure, in particular, that they are granted the right to consult all documents and registers 
relating to those stocks and have permanent right of access to all sites on which they are held. 

6. Member States shall ensure that their authorities offer every assistance to the Commission’s 
employees or authorised agents while they are carrying out their checks. 

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 10 years. 

Article 20 

Protection of individuals with regard to the processing of data 

This Directive leaves intact 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 21 

Emergency procedures 

1.  Member  States  shall  take  such  measures  as  may  be  necessary  to  enable  their  competent 
authorities to release 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, including by allocating petroleum products to certain groups 
of users on a priority basis. 

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  immediately  send  the 
Commission  a  copy  of  their  contingency  plans  and  the  corresponding  organisational 
arrangements. 

EN 

21 

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3.  In  the  event  of  an  effective  international  decision  to  release  stocks,  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.  

4. In the event of difficulties arising in the supply of crude oil or petroleum products to the 
Community or to a Member State, the Commission shall call a meeting of the Coordination 
Group as soon as possible, either at the request of a Member State or on its own initiative. The 
Coordination Group shall examine the situation, and the Commission shall determine whether 
a major supply disruption has occurred. 

If a major supply disruption is deemed to have occurred, the Commission may authorise the 
release  of  some  or  all  of  the  quantities  put  forward  for  that  purpose  by  the  Member  States 
concerned.  

5. In the event of an effective international decision to release stocks, the Commission shall 
have the right to require Member States to release some or all of their emergency stocks and 
specific stocks. That right may be exercised only after a meeting of the Coordination Group 
has been held with that item on its agenda. 

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, notably by taking into account the situation on the international oil and petroleum 
products markets, the time frame within which Member States must bring their stocks back up 
to the minimum required levels. 

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 22 

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  20XX15  and  shall  notify  it  without  delay  of  any  subsequent  amendment 
affecting them. 

Article 23 

Review 

Within three years of the entry into force of this Directive, the Commission shall review its 
implementation,  looking  in  particular  at  whether  it  would  be  appropriate  to  require  all 
Member States to hold a compulsory minimum level of specific stocks. 

Article 24 

Committee  

15 

This will be 31 December of the second calendar year following the year of adoption of this Directive. 

EN 

22 

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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 25 

Repeal 

Directive 73/238/EEC, Directive 2006/67/EC and Decision 68/416/EEC are hereby repealed 
with effect from 31 December 20XX16. 

References  to  the  repealed  Directives  and  Decision  shall  be  construed  as  references  to  this 
Directive. 

Article 26 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  by  31  December  20XX17  at  the  latest.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a  table  of 
correlation between those provisions and this Directive. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or  shall  be  accompanied  by  such  reference  on  the  occasion  of  their  official  publication. 
Member States shall determine how such reference is to be made. 

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 27 

Entry into force 
This  Directive  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 15(1) and (2) shall apply as soon as the implementing rules referred to in paragraph 3 
of that Article enter into force. 

Article 28 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

16 
17 

This will be 31 December of the second calendar year following the year of adoption of this Directive. 
This will be 31 December of the second calendar year following the year of adoption of this Directive. 

EN 

23 

   EN 

 
 
 
 
 
                                                 
ANNEX I 

Method for calculating the crude oil equivalent of imports of petroleum products 

The crude oil equivalent of imports of petroleum products, as referred to in Article 3, is to 
be calculated using the following method: 

The crude oil equivalent of imports of petroleum products is obtained by calculating the 
sum of the net imports of crude oil, NGL, refinery feedstocks and other hydrocarbons as 
defined  in  Section  4  of  Annex  B  to  Regulation  (EC)  No  *******  of  the  European 
Parliament and of the Council of ******* on energy statistics, adjusting the result to take 
account of any stock changes, deducting 4% for naphtha yield (or, if the average naphtha 
yield  within  the  national  territory  is  greater  than  7%,  deducting  the  net  actual 
consumption of naphtha or the average naphtha yield) and adding this to the net imports 
of all other petroleum products excluding naphtha, also adjusted to take account of stock 
changes and multiplied by a factor of 1.065.  

The contents of international marine bunkers are not included in the calculation. 

EN 

24 

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ANNEX II 

Method for calculating the crude oil equivalent of inland consumption 

The  crude  oil  equivalent  of  inland  consumption,  as  referred  to  in  Article  3,  is  to  be 
calculated using the following method: 

Inland  consumption,  as  referred  to  above,  is  the  sum  of  the  inland  consumption  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 Section 4 of Annex B to Regulation (EC) No ****** of the European Parliament and 
of the Council of ****** on energy statistics.  

The contents of 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. 

EN 

25 

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ANNEX III 

Methods for calculating the level of stocks held 

The following methods are to be used to calculate stock levels:  

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 of the calendar year in question. 

Member States may either: 

(a) include all other stocks of the petroleum products identified in the first paragraph of 
Section 3.1 of Annex C to Regulation (EC) No ****** of the European Parliament and of 
the  Council  of  ******  on  energy  statistics  and  calculate  the  crude  oil  equivalent  by 
multiplying the quantities by a factor of 1.065; or 

(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 may not be included when calculating levels of specific stocks 
where such stocks are calculated separately from emergency stocks. 

The calculation may never include: 

EN 

26 

   EN 

 
 
(a) crude oil not yet produced, 

(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 quantities included in a 
given calculation. 

Notwithstanding the above, 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. 

EN 

27 

   EN 

 
ANNEX IV 

Rules for the preparation and submission to the Commission of statistical summaries of 
stocks to be held pursuant to Article 3 
Member  States  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 central stockholding entities 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 central stockholding entity. 
For  any  stocks  held  by  a  Member  State  within  its  national  territory  on  behalf  of  other 
Member  States  or  central  stockholding  entities,  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  central  stockholding  entity 
concerned and the quantities involved in each case. 
The statistical summaries referred to in the previous three paragraphs must be submitted 
to the Commission within 45 days of the end of the month to which they relate. Those 
same  summaries  must  also  be  submitted  within  two  months  of  a  request  by  the 
Commission. Such requests may be made no later than 10 years after the date to which 
the data relate. 

EN 

28 

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LEGISLATIVE FINANCIAL STATEMENT 

This  document  is  intended  to  accompany  and  complement  the  Explanatory  Memorandum.  As 
such,  when  completing  this  Legislative  Financial  Statement,  and  without  prejudice  to  its 
legibility,  an  attempt  should  be  made  to  avoid  repeating  information  contained  in  the 
Explanatory Memorandum. Before filling in this template, please refer to the specific Guidelines 
that have been drafted to provide guidance and clarification for the items below. 

1. 

TITLE OF THE PROPOSAL: 

Proposal for a Council Directive imposing an obligation on Member States to maintain 
minimum stocks of crude oil and/or petroleum products 

2. 

ABM / ABB FRAMEWORK 

Policy area(s) concerned and associated activity/activities: 

06: Energy and Transport 

06 04: Conventional and renewable energies 

3. 

3.1. 

BUDGET LINES 

Budget lines (operational lines and related technical and administrative assistance 
lines (ex-BA lines)), including headings: 

06  01  01:  Expenditure  relating  to  staff  in  active  employment  in  the  ‘Energy  and 
Transport’ policy area 

06 01 04 03: Conventional energy — Expenditure on administrative management 

06 04 03: Security of conventional energy supplies 

3.2. 

Duration of the action and of the financial impact: 

Start: 2010  End: unspecified 

EN 

29 

   EN 

 
3.3. 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

06 01 01  

NCE 

NDA 

None 

None 

None 

No 5 

06 01 04 03 

NCE 

NDA 

None 

None 

06 04 03 

NCE 

DA 

None 

None 

None 

None 

No 1a 

No 1a 

EN 

30 

   EN 

 
 
 
 
 
 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to three decimal places) 

Expenditure type 

Section 
No 

2010 

2011 

2012 

2013 

2014 

Total 

2015 
and 
later 

Operational expenditure18 

Commitment Appropriations 
(CA) 

8.1 

a 

0.15  0.15 

0.15 

0.15 

0.15 

0.15 

0.90 

Appropriations 

Payment 
(PA) 
Administrative expenditure within reference amount19 
Technical  &  administrative 
0.01 
assistance (NDA) 

0.05  0.20 

8.2.4 

b 

c 

0.15 

0.15 

0.15 

0.20 

0.90 

0.01 

0.01 

0.01 

0.01 

0.05 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT 

Commitment 
appropriations 

a+c  0.15  0.16 

0.16 

0.16 

0.16 

0.16 

0.95 

Payment appropriations 

0.16 
Administrative expenditure not included in reference amount20 

b+c  0.05  0.21 

0.16 

0.16 

0.21 

0.95 

Human resources and 
associated expenditure 
(NDA) 

Administrative costs, other than 
human resources and associated 
costs,  not  included  in  reference 
amount (NDA) 

8.2.5 

d 

8.2.6 

e 

0.585  0.829 

0.829 

0.829 

0.829 

0.829  4.73 

0.07 

0.07 

0.07 

0.07 

0.07 

0.35 

18 
19 
20 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05. 

EN 

31 

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Total indicative financial cost of the action 

TOTAL CA including cost 
of human resources 

TOTAL  PA  including  cost 
of human resources 

Part-financing details 

a+c
+d+
e 

b+c
+d+
e 

0.735  1.059 

1.059 

1.059 

1.059 

1.059  6.03 

0.635  1.109 

1.059 

1.059 

1.059 

1.109  6.03 

If the proposal involves part-financing by Member States or other bodies (please specify which), 
an estimate of the level of this part-financing should be provided in the table below (additional 
lines may be added if different bodies are foreseen for the provision of the part-financing): 

EUR million (to three decimal places) 

Part-financing body 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total 

…………………… 

TOTAL CA including 
part-financing 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with financial programming 

x 

(cid:133) 

(cid:133) 

The proposal is compatible with existing financial programming. 

This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

This  proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement21 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on revenue 

x 

(cid:133) 

The proposal has no financial impact on revenue 

Financial impact – the effect on revenue is as follows: 

Note: All details and observations relating to the method of calculating the effect on revenue 
should be shown in a separate annex. 

EUR million (to one decimal place) 

21 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

Prior to 
action 
[2009
] 

Situation following action 

[201
0] 

[201
1] 

[201
2] 

[201
3] 

[201
4] 

[2015]22

a) Revenue in absolute terms

b) Change in revenue 

 ∆ 

(Please specify each revenue budget line involved, adding the appropriate number of 
rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human  resources,  FTE  (including  officials,  temporary  and  external  staff)  –  see 
details under point 8.2.1. 

Annual requirements 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

Total number of 
human resources 

5 

7 

7 

7 

7 

7 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. This 
section  of  the  Legislative  Financial  Statement  should  include  the  following  specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

The Directive requires existing IT infrastructure to be updated and new applications to 
be developed (for commercial stocks). All adjustments to the IT infrastructure will have 
to be made by the time the Directive enters into force. 

5.2. 

Value-added of Community involvement and coherence of the proposal with other 
financial instruments and possible synergy 

The  Directive  imposes  a  stockholding  obligation  on  Member  States;  the  Commission 
must monitor compliance with that obligation. As well as submitting information on the 
levels  of  emergency  stocks,  Member  States  will  also  have  to  notify  commercial  stock 
levels. 

Oil markets are global, and any disruption of oil supplies will affect all Member States. 
The EU is responsible for ensuring security of oil supply and must make sure that, under 
integrated  internal  market  conditions,  all  Member  States  have  an  adequate  level  of 
emergency preparedness. This issue should therefore be dealt with at Community level. 

22 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

33 

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5.3. 

Objectives, expected results and related indicators of the proposal in the context of 
the ABM framework 

The  objective  of  the  proposal  is  to  enhance  the  emergency  oil  stocks  system  and  the 
mechanisms for using such stocks in the event of a crisis. This is expected to guarantee 
the  availability  of  emergency  stocks  and  to  ensure  that  they  can  be  mobilised  when 
needed, thereby making oil supplies more secure for Europe’s consumers. The Directive 
will help reduce any harmful effects resulting from possible supply disruptions, such as 
fuel shortages and price increases. The Directive will also contribute to transparency in 
the oil markets by introducing weekly reporting for commercial stocks. 

5.4.  Method of implementation (indicative) 

Show below the method(s)23 chosen for the implementation of the action. 

x Centralised management 

x 

(cid:133) 

Directly by the Commission 

Indirectly by delegation to: 

(cid:133)  Executive Agencies, 

(cid:133)  bodies  set  up  by  the  Communities,  as  referred  to  in 
Article 185 of the Financial Regulation, 

(cid:133)  national public bodies / bodies with a public service mission. 

(cid:133) Shared or decentralised management 

(cid:133)  With Member States 

(cid:133)  With third countries 

(cid:133) Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The Commission will review the implementation of the Directive after three years. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Not applicable 

6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned  from 

similar experiences in the past) 

Not applicable 

23 

If more than one method is indicated, please provide additional details in the ‘Relevant comments’ section 
of this point. 

EN 

34 

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6.2.3.  Terms and frequency of future evaluation 

Not applicable 

7. 

ANTI-FRAUD MEASURES 

No specific measures are needed. The normal arrangements will apply for contracts and 
the reimbursement of experts. 

EN 

35 

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8. 

DE TAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings of 
objectives, actions 
and outputs should 
be provided) 

Type 
of 
output 

2010 

Aver
age 
Cost  Number 
of outputs

2011 

2012 

2013 

2014 

2015 and later 

TOTAL 

Commitment appropriations in EUR million (to three decimal places) 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

OPERATIONAL 
OBJECTIVE 
… 
No 124

Action 1………… 

- Output 1 

- Output 2 

Action 2………… 

contract 

1 

0.15 

1 

0.15 

- Output 1 

contract 

3 

0.15 

3 

0.15 

3 

0.15 

3 

0.15 

3 

0.15 

15 

0.75 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE 
No 2… 

Action 1……… 

- Output 1 

Sub-total 
Objective 2 

24 

As described under Section 5.3. 

EN 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
OPERATIONAL 
OBJECTIVE No n 

Sub-total 
Objective n 

TOTAL COST 

contract 

1 

0.15 

3 

0.15 

3 

0.15 

3 

0.15 

3 

0.15 

3 

0.15 

16 

0.9 

EN 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative expenditure 

8.2.1.  Number and type of human resources 

Type of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2010 

2011 

2012 

2013 

2014 

2015 

Officials 
or 
temporary 
staff25 
(XX 01 0
1)  

A*/AD  1.5 

3 

B*, 
C*/AS
T 

2 

4.5 

2 

4.5 

2 

4.5 

2 

4.5 

2 

4.5 

Staff financed26 by 
Art. XX 01 02 
Other staff 
financed27 by Art. 
XX 01 04/05 

TOTAL 

0.5 

0.5 

0.5 

0.5 

0.5 

0.5 

5 

7 

7 

7 

7 

7 

8.2.2.  Description of tasks deriving from the action 

•  Verifying  implementation  of  the  Directive,  gathering,  analysing  and  publishing 
data  on  stocks,  inspecting/auditing  Member  States’  stocks  and  emergency 
systems, infringement proceedings. 

•  Preparing, organising and following up meetings of the Coordination Group and 

of the Committee (committee procedure). 

•  In  the  event  of  a  disruption,  working  together  with  the  International  Energy 

Agency to coordinate the measures taken by the Member States. 

8.2.3. 

Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts 
originating from each of the sources) 

x 

– 

Posts  currently  allocated  to  the  management  of  the  programme  to  be 
replaced or extended 

3.5 FTEs are already allocated to tasks relating to the Directive currently 
in force. 

(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

x 

– 

Posts to be requested in the next APS/PDB procedure 

3.5 new FTEs are to be requested to carry out additional tasks resulting 
from the draft Directive: 1.5 FTEs from 2010 and 2 additional FTEs from 
2011. 

25 
26 
27 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included in the reference amount. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

(cid:133) 

Posts  to  be  redeployed  using  existing  resources  within  the  managing 
service (internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise 
of the year in question 

EN 

39 

   EN 

 
8.2.4.  Other 

administrative 

expenditure 

included 

in 

reference 

amount  

(XX 01 04/05 – Expenditure on administrative management) 

Budget line 
(number and heading) 

2010 

2011  2012  2013  2014 

2015 
and later 

TOTAL 

EUR million (to three decimal places) 

1.  Technical 
administrative 
and 
assistance (including related staff costs) 

 Executive Agencies28 

Other technical and administrative  
assistance 

- intra muros  

- extra muros  

Total technical and administrative 
assistance 

0.01 

0.01 

0.01 

0.01 

0.01 

0.05 

0.01 

0.01 

0.01 

0.01 

0.01 

0.05 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to three decimal places) 

Type of human resources 

2010 

2011 

2012 

2013 

2014 

2015 
and later 

Officials 
(XX 01 01) 

and 

temporary 

staff 

Staff financed by Art. XX 01 02 
(auxiliary, DNEs, contract staff, etc.) 
(specify budget line) 

Total cost of human resources and 
associated costs (NOT included in 
the reference amount) 

0.549 

0.793 

0.793 

0.793 

0.793 

0.793 

0.036 

0.036 

0.036 

0.036 

0.036 

0.036 

0.585 

0.829 

0.829 

0.829 

0.829 

0.829 

28 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Year n: 4.5 officials (EUR 122 000 per official per year)  

Year n+1 and later: 6.5 officials (EUR 122 000 per official per year)  

Calculation – Staff financed under Article XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

0.5 DNEs (EUR 73 000 per DNE per year) 

8.2.6.  Other administrative expenditure not included in the reference amount 

EUR million (to three decimal places) 

2010 

2011 

2012 

2013 

2014 

2015 
and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings and conferences 

XX 01 02 11 03 – Committees29 

0.07 

0.07 

0.07 

0.07 

0.07 

0.35 

XX 01 02 11 04 – Studies and consultations 

XX 01 02 11 05 - Information systems 

2.  Total  other  management  expenditure 

(XX 01 02 11) 

0.07 

0.07 

0.07 

0.07 

0.07 

0.35 

3.  Other 

expenditure 
nature 

an 
of 
(specify, 

administrative 
including reference to budget line) 

Total administrative expenditure, other 
than human resources and associated 
costs (NOT included in the reference 
amount) 

Calculation - Other administrative expenditure not included in the reference amount 

Four  Committee  meetings  planned  per  year,  with  27  delegates  and  an  average  cost  of 
EUR 650 per delegate per meeting: 4 x 27 x 650 = EUR 70 200 per year 

Human resources and administrative needs will be covered by the managing DG’s allocation 
under the annual allocation procedure in the light of budgetary constraints. 

29 

Coordination  Group  and  Committee  (committee  procedure),  as  provided  for  in  the  proposal  for  a 
Directive. 

EN 

41 

   EN