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Legal framework Print E-mail

1) Introduction

The Agreement on an international energy programme of the International Energy Agency (IEA) and the European directive 2006/67/EC the European directive 2006/67/EC (57.71 KB) of July 26, 2006 oblige member countries to hold stocks of crude oil and petroleum products of at least 90 days..
Despite the fact, that the international regulations fixes quite specific rules concerning the stocks which the Member states have to hold, it does not specify in which way member states should organise themselvese.

Recently or since many years quite some member states of the European Union and the IEA have opted to create an agency for the management of the emergency stocks. This management can take several forms: stocks in property of the agency, stocks put at the disposal of the agency by the oil companies (“tickets”, “Delegationen” or  “mises à disposition”) or a combination of both.

The German Erdoelbevorratungsverband (EBV), which exists since more than 25 years, owns the larges quantity of emergency stocks in the European Union with ¼ of the German annual consumption of oil products in property.

On June 12th 2009 the European Energy Council agreed upon a Directive proposal that replaces the Directive of 2006.  

Documents:

Preparatory documents  
  •  Consultation Paper 
 Klik hier Click here (81.72 KB)
  •  Results of the fact-finding analysis 
 klik hier Click here (157.40 KB)
Documents   
  •  Text new Directive
 English version: click here English version: click here (800.74 KB)

 

2) The Act of January 26, 2006

The national obligation to hold emergency stocks is not new. This obligation exists in fact since the late 60’ies. In the past, this national obligation was transferred to the refiners and importing companies.

The new stockholding system fixed by the Act of January 26, 2006 is a radical change.
At first the new system will still leave a small part of the management of the emergency stocks with the larger oil companies. Within the first five working years of APETRA, this obligation of the larger oil companies will be reduced to zero. At that moment, APETRA will be responsible for the management of the total emergency stock of Belgium.

The Act of January 26, 2006 imposes strict quality and availibility criteria for the strategic stocks, introduced frequent physical inspections and effecitive penalties. It also forms the legal backbone of APETRA and fixes its institutional dispositions. 

3) Overview of the legislation

Acts

Act on the compulsory stockholding of oil and petroleum products and on the setting-up of an agency responsible for managing part of these stocks, amending the Act of 10 June 1997 on the general arrangements for the holding, movement and control of excisable products. (unofficial translation): click here click here (57.63 KB).

All other acts and executive decrees are available in French and Dutch at the French and Dutch version of this site.

Last Updated ( Thursday, 15 October 2009 )
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