CELEX: 51977PC0158
Language: en
Date: 1977-05-04
Title: Proposal for a COUNCIL DIRECTIVE on the introduction in the Community of joint stocks of crude oil and petroleum products#Proposal for a COUNCIL DIRECTIVE concerning the creation in each Member State of organizations responsible for storing crude oil and/or petroleum products and on the financing of these organizations (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 158
Vol. 1977/0057
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(77)158 final
                                                Brussels , 4 May 1977
                                   Proposal for a
                                 COUNCIL DIRECTIVE
                                                                       , \ ■
               on the introduction in the Community of joint
               stocks of crude oil and petroleum products
                                   Proposal for a
                                COUNCIL DIRECTIVE
               concerning the creation in each Member State of
               organizations responsible for storing crude oil
               and / or petroleum products and on the financing of
                               these organizations
                                                                 ■   .
               ( submitted to the Council by the Commission )
C0MC77 ) 158 final      1
 ---pagebreak---                        EXPLANATORY MEMORANDUM
The Council Directive of 20 December 1968 ( 68 / 414 / EEC ) foresees the
possibility of establishing stocks in the territory of a Member State
on behalf of undertakings established in another Member State , within the
framework of inter-governmental agreements .
Despite the existence of such agreements , the optimal use is not made
of the most favourable possibilities for storage of excess capacity
existing in the Community .
It is certain that the establishment of common storage capacities - listed
at Community level and accessible to undertakings in all Member States -
would tend to improve the use factor .
Consequently , the Council is asked to approve the attached            proposal
for a directive .
 ---pagebreak---                                  Proposal for a
                                COUNCIL DIRECTIVE
                on the introduction in the Community of joint
                stocks of crude oil and petroleum products
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community,
 and in particular Article 103 thereof .
 Having regard to the proposal from the Commission,
 Whereas Council Directive 68/ 414/ EEC of 20 December 1968 imposing an
 obligation on Member States of the EEC to maintain minimum stocks of crude
                                  (1)
oil and / or petroleum products       , as amended' by Directive 72/ 425/ EEC of
 19 December 197^ obliges Member States to maintain a minimum level of
 stocks corresponding to at least 90 days' average daily internal consumptio
Whereas there are in the Member States of the Community storage capacities
 which are not always put to optimum use ; whereas these storage capacities
 could be better used if they were established as common storage capacities ,
 available to those undertakings which are subject in the Member States to
obligations to maintain stocks under national provisions made under the
 above Directive ;
Whereas the quantities which an undertaking in one Member State may
stock in a common storage capacity located in another Member State may not
exceed 20% of the stock which that undertaking is obliged to maintain ,
unless prior authorization is obtained ;
Whereas Member States must check the stocks placed in the common storage
capacities ,
( 1 ) 0J No L 308, 23.12.1968, p. 14 .
( 2 ) 0J No L 291 , 28.12.1972 , p. 154
 ---pagebreak---  HAS ADOPTED THIS DIRECTIVE :
                                 Article 1
 1.  Member States shall permit the undertakings which are subject to
     obligations to maintain stocks on crude oil and / or petroleum products
     under national provisions made under Directive 68/ 414/ EEC to satisfy
     such obligations to maintain stocks in common storage capacities .
2.   Common storage capacities shall mean all storage capacities authorized
     as such under Article 2 and published by the Commission in the Official
     Journal of the European Communities under Article 3 .
3.   The common storage capacities shall be available to undertakings of
     the Member States on a non-discriminatory basis .
4.   The conditions of use of the common storage capacities shall be agreed
     between the contracting parties .
                                Article 2
1.   Member States shall authorize undertakings with storage capacities
     available to establish them , wholly or in part , and for a fixed period ,
     as common storage capacities .
2 . The Member State concerned may only refuse to grant an authorization requested
     by an undertaking if the establishment of the storage capacities as
     common storage capacities would interfere with the Member State 's
     obligation to maintain stocks arising under Directive 68/ 414/ EEC .
     Any decision refusing authorization sJiall give the reasons for
     such refusal .
5.   Any decision authorizing the establishment of common storage capacities
     shall state their location and the duration of their use .
 ---pagebreak---                                     - 3 -
4.    Each decision shall be notified to the Commission .
                                  Article 3
The Commission shall publish in the Official Journal of the European
Communities common storage capacities together with details of their
 location and the duration of their use .
                                  Article 4
1.    Any quantity of crude oil and / or petroleum products stocked by an
      undertaking which is subject to an obligation to maintain stocks in
      a common storage capacity located in another Member State which exceeds
     20% of the stock which it is obliged to maintain shall be the subject
     of a prior authorization , which shall give reasons . in the case of a
     refusal by the Member State in which the undertaking is based .
2.   Each decision shall be notified to the Commission .
                                  Article 5
1.   Member States shall ensure that stocks placed in common storage
     capacities for the account of undertakings in other Member States
     are checked .
2.  They shall notify the Member States concerned and the Commission ,
     within 60 days of the . end of each month , of the volumes of all
     stocks so placed , broken down by Member States .
3.  The Member States concerned may      by mutual agreement   fix the
    frequency of the removals from stocks thus established to be made
     in accordance with Directive 68/ 414/ EEC , after consulting the
    Commission .
 ---pagebreak---                                Article 6
Member States shall adopt all necessary laws , regulations and administrative
provisions to apply this Directive , not later than
Member States shall inform the Commission of all such measures taken .
                               Arti ele 7
This Directive is addressed to the Member States .
 ---pagebreak---                          EXPLANATORY MEMORANDUM
The storage obligation resulting from the Directive of 20 December 1968 ,
and the Directive of 19 December 1972 amending it , constitutes at present
a considerable financial burden for the undertakings , particularly since
the rise in oil prices .
It is certain that setting up storage organizations in the Member States -
financed by means of charges reflected in the consumer prices of the
products concerned and disposed of on the internal market - would naturally
 reduce the obligatory storage charges for the participating undertakings .
Consequently , the Council is asked to approve the attached       proposa I
for a directive .
 ---pagebreak---                              Proposal for a
                          COUNCIL DIRECTIVE
          on the creation in each Member State of organizations
          responsible for storing crude oil and/or petroleum
          products and on the financing of these organizations
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 103 thereof,
Having regard to the proposal from the Commission ,
Whereas Council Directive 68/414/EEC of 20 December 1968 imposing an obligation
on Member States of the EEC to maintain minimum stocks of crude oil and/or
petroleum products^\ as amended by Directive 72/425 /EEC of 19 December 1972^^ ,
obliges Member States to maintain a minimum level of stocks corresponding to at
least 90 days' average daily internal consumption ;
Whereas the storage of crude oil and/or petroleum products places a considerable
financial burden on the undertakings which are subject to the obligation to
maintain stocks under national provisions made under the above Directive ,
particularly because of increases in oil prices ;
Whereas the obligation to maintain stocks to which the undertakings are
subject may , wholly or in part , be assured in each Member State by a non-
profit making organization responsible for carrying out , for the account of
the participating undertakings , the actual storage and/or the financial
management of such storage ;
Whereas the said organizations should be financed by means of fees paid by
the participating undertakings in proportion to the quantities stored ;
Whereas the amount of these fees and their bases of calculation should have
the prior approval of the Member States in which the organization is based ;
^ OJ No L 308, 23.12.1968, p . 14
^ OJ No L 291 , 28.12.1972, p.154
 ---pagebreak---                                    - 2 -
Whereas the undertakings taking part in the organizations should be able
to recover these fees in the consumer prices of the relevant petroleum
products which are disposed of on the internal market ;
Whereas the amounts and bases of calculation of the fees must be harmon­
ized o» the Community level ,
HAS ADOPTED THIS DIRECTIVE :
                                  Article 1
1 . Member States shall permit the undertakings which are subject to the
    obligation to maintain stocks of crude oil and/or petroleum products
    under national provisions made under Directive 68/414/EEC to entrust
    the operations relating to such storage to non-profit making storage
    organi zat ions .
2 . The said organizations :
    - shall be granted legal personality and financial autonomy ,
    - may be made responsible by the participating undertakings for carrying
       out , wholly or in part , the actual storage and/or the financial
       management of such storage ,
    - shall be financed by means of fees paid by the participating under­
       takings and calculated in proportion to the quantities placed in
       storage .
3 . Tliece fees shall cover the storage costs and shall be fixed for each
    category of product referred to in Article 3 of Directive 68/414/EEC
    and , together with their bases of calculation , shall require the prior
    approval of the Government concerned .
 ---pagebreak---                                  - 3 -
                                Article 2
Member States shall permit the fees referred to in Article 1 to "be
recovered in the consumer prices of the relevant petroleum products
which are disposed of on the internal market .   They shall check the
fees levied by the organizations .
                               Article 3
Member States and the Commission shall periodically consult each other
to ensure the harmonization of the amount of the fees and of their bases
of calculation .
                               Article 4
Member States shall adopt all necessary laws , regulations and administrative
provisions to apply this Directive , not later than
Member States shall inform the Commission of all such measures taken .      '
                               Article 5
This Directive is addressed to the Member States .