Council Directive 76/491/EEC of 4 May 1976 regarding a Community procedure for information and consultation on the prices of crude oil and petroleum products in the Community

COUNCIL DIRECTIVE  of 4 May 1976  regarding a Community procedure for information and consultation on the prices of crude oil and petroleum products in the Community  (76/491/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,
Having regard to the draft from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the establishment of a common energy policy is one of the objectives which the Community has set itself, and it is the task of the Commission to propose measures for this purpose;
Whereas knowledge of supply and market conditions is one of the basic elements of such a common energy policy;
Whereas transparency of the costs and prices of petroleum products is a necessary condition for the satisfactory operation of the market, and particularly for the free movement of goods within the Community;
Whereas the Council, in paragraph 3 (III) of its resolution of 13 February 1975 concerning measures to be implemented to achieve the Community energy policy objectives adopted by the Council on 17 December 1974 (3), approved the principle of a consumer price policy based on transparency of the costs and prices of hydrocarbons;
Whereas it is therefore necessary to set up a Community procedure for information and consultation on the prices of crude oil and petroleum products;
Whereas the achievement of this objective requires the acquisition, at regular intervals, of certain information regarding the prices of crude oil and the principal petroleum products, at least in aggregate form at Member State level;
Whereas the information regarding the prices of crude oil and the principal petroleum products should be supplied by the oil undertakings, and the Member States should, by reference to objective criteria, designate the individuals and undertakings who will provide the Member States with such information;
Whereas within one year at most of the first application of this Directive consideration should be given to the advisability of the Member States' communicating to the Commission the information supplied to them by the undertakings;  (1)OJ No C 28, 9.2.1976, p. 9. (2)OJ No C 50, 4.3.1976, p. 2. (3)OJ No C 153, 9.12.1975, p. 6.
Whereas the trends of oil costs and prices obtaining in the Community should be compared on the basis of the information collected;
Whereas, if this comparison is to take account of differences of structure between markets, it should cover price levels net and inclusive of duties and taxes for the principal petroleum products and ex-refinery realizations;
Whereas the trend, in each Member State and in the Community as a whole, in the average ex-refinery value per metric ton of crude oil processed should be analyzed on the basis of the information collected;
Whereas the information collected and the results of the study carried out by the Commission should be communicated at Community level to the Member States and be the subject of consultation between them and the Commission;
Whereas the information collected shall be confidential and the results of the study carried out by the Commission may be used only for the information of the Member States and for consultation between them and the Commission;
Whereas if the Commission finds anomalies or inconsistencies in the figures communicated to it, it should be able to obtain a breakdown of the requisite information supplied by the undertakings;
Whereas the Commission should be able to specify, where necessary, details such as the form and content of the communications to be made,