What changed, Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States…

+ ### Article 1 — Objective
− ### art_1
− Article 1
− 
+ ### Article 2 — Definitions
− ### art_2
− Article 2
− 
+ (a) ‘reference year’ means the calendar year of the consumption or of the net import data used to calculate either the stocks to be held or the stocks actually held at a given time;
− | (a) | ‘reference year’ means the calendar year of the consumption or of the net 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;
− | (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 vegetable and animal substances), forestry and related industries, as well as the biodegradable fraction of industria…
− | (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 vegetable and animal substances), forestry and related industries, as well as the biodegradable fraction of indus…
− | --- | --- |
+ (d) ‘inland consumption’ means the total quantities, calculated according to Annex II, delivered within a country for both energy and non-energy use; this aggregate includes deliveries to the transformation sector and deliveries to industry, transport, households and other sectors for ‘final’ consum…
− | (d) | ‘inland consumption’ means the total quantities, calculated according to Annex II, delivered within a country for both energy and non-energy use; this aggregate includes deliveries to the transformation sector and deliveries to industry, transport, households and other sectors for ‘final’ co…
− | --- | --- |
+ (e) ‘effective international decision to release stocks’ means any decision in force taken by the Governing Board of the International Energy Agency to make crude oil or petroleum products available to the market by a release of its members 'stocks and/or additional measures;
− | (e) | ‘effective international decision to release stocks’ means any decision in force taken by the Governing Board of the International Energy Agency to make crude oil or petroleum products available to the market by a release of its members 'stocks and/or additional measures; |
− | --- | --- |
+ (f) ‘central stockholding entity’ (CSE) means the body or service upon which powers may be conferred to act to acquire, maintain or sell oil stocks, including emergency stocks and specific stocks;
− | (f) | ‘central stockholding entity’ (CSE) means the body or service upon which powers may be conferred to act to acquire, maintain or sell oil stocks, including emergency stocks and specific stocks; |
− | --- | --- |
+ (g) ‘major supply disruption’ means a substantial and sudden 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;
− | (g) | ‘major supply disruption’ means a substantial and sudden 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’ has the meaning given in Section 2.1 of Annex A to Regulation (EC) No 1099/2008;
− | (h) | ‘international marine bunkers’ has the meaning given in Section 2.1 of Annex A to Regulation (EC) No 1099/2008; |
− | --- | --- |
+ (i) ‘oil stocks’ means stocks of the energy products listed in the first paragraph of Section 3.1 of Annex C to Regulation (EC) No 1099/2008;
− | (i) | ‘oil stocks’ means stocks of the energy products listed in the first paragraph of Section 3.1 of Annex C to Regulation (EC) No 1099/2008; |
− | --- | --- |
+ (j) ‘emergency stocks’ means the oil stocks that each Member State is required to maintain pursuant to Article 3;
− | (j) | ‘emergency stocks’ means the oil stocks that each Member State is required to maintain pursuant to Article 3; |
− | --- | --- |
+ (k) ‘commercial stocks’ means those oil stocks held by economic operators which are not a requirement under 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;
− | (l) | ‘specific stocks’ means oil stocks that meet the criteria set out in Article 9; |
− | --- | --- |
+ (m) ‘physical accessibility’ means arrangements for locating and transporting stocks to ensure their release or effective delivery to end users and markets within time frames and conditions conducive to alleviating the supply problems which may have arisen.
− | (m) | ‘physical accessibility’ means arrangements for locating and transporting stocks to ensure their release or effective delivery to end users and markets within time frames and conditions conducive to alleviating the supply problems which may have arisen. |
− | --- | --- |
− 
− ### art_3
+ ### Article 3 — Emergency stocks — Calculating stockholding obligations
− Article 3
+ ### Article 4 — Calculating stock levels
− ### art_4
− Article 4
− 
+ ### Article 5 — Availability of stocks
− ### art_5
− Article 5
− 
+ ### Article 6 — Register of emergency stocks — Annual report
− ### art_6
− Article 6
− 
+ 2. By 15 March each year, each Member State shall send the Commission a summary copy of the stock register referred to in paragraph 1 showing at least the quantities and nature of the emergency stocks included in the register on the last day of the preceding calendar year.
− 2. By the 25th February each year, each Member State shall send the Commission a summary copy of the stock register referred to in paragraph 1 showing at least the quantities and nature of the emergency stocks included in the register on the last day of the preceding calendar year.
+ ### Article 7 — Central stockholding entities
− ### art_7
− 
− Article 7
+ (a) another Member State within whose territory such stocks are located or the CSE set up by that Member State. Tasks thus delegated may not be subdelegated to other Member States or to CSEs set up by them. The Member State that set up the CSE, as well as each Member State within whose territory the…
− | (a) | another Member State within whose territory such stocks are located or the CSE set up by that Member State. Tasks thus delegated may not be subdelegated to other Member States or to CSEs set up by them. The Member State that set up the CSE, as well as each Member State within whose territory…
− | --- | --- |
+ (b) economic operators. Tasks thus delegated may not be subdelegated. Where such a delegation, or any change or extension to that delegation, involves tasks relating to the management of emergency and specific stocks held in another Member State, it must be authorised in advance both by the Member S…
− | (b) | economic operators. Tasks thus delegated may not be subdelegated. Where such a delegation, or any change or extension to that delegation, involves tasks relating to the management of emergency and specific stocks held in another Member State, it must be authorised in advance both by the Memb…
− | --- | --- |
+ (a) on an ongoing basis, full information, broken down by product category, on the stock volumes that it can undertake to maintain for economic operators, or, where appropriate, interested CSEs;
− | (a) | on an ongoing basis, full information, broken down by product category, on the stock volumes that it can undertake to maintain for economic operators, or, where appropriate, interested CSEs; |
− | --- | --- |
+ (b) at least 7 months in advance, the conditions subject to which it is willing to provide services related to maintaining the stocks for economic operators. Τhe conditions under which services may be provided, including conditions relating to scheduling, may also be determined by competent national…
− | (b) | at least 7 months in advance, the conditions subject to which it is willing to provide services related to maintaining the stocks for economic operators. Τhe conditions under which services may be provided, including conditions relating to scheduling, may also be determined by competent nati…
− | --- | --- |
+ ### Article 8 — Economic operators
− ### art_8
− 
− Article 8
+ (a) the CSE of the Member State on whose account such stocks are held;
− | (a) | the CSE of the Member State on whose account such stocks are held; |
− | --- | --- |
+ (b) one or more other CSEs which have in advance declared themselves willing to hold such stocks, provided that such delegations have been authorised in advance both by the Member State on whose account such stocks are held and by all Member States within whose territories the stocks will be held;
− | (b) | one or more other CSEs which have in advance declared themselves willing to hold such stocks, provided that such delegations have been authorised in advance both by the Member State on whose account such stocks are held and by all Member States within whose territories the stocks will be hel…
− | --- | --- |
+ (c) other economic operators which have surplus stocks or available stockholding capacity outside of the territory of the Member State on whose account the stocks are held within the Community, provided that such delegation has been authorised in advance both by the Member State on whose account suc…
− | (c) | other economic operators which have surplus stocks or available stockholding capacity outside of the territory of the Member State on whose account the stocks are held within the Community, provided that such delegation has been authorised in advance both by the Member State on whose account…
− | --- | --- |
+ (d) other economic operators which have surplus stocks or available stockholding capacity within the territory of the Member State on whose account the stocks are held, provided that such delegation has been communicated in advance to the Member State. Member States may impose limits or conditions o…
− | (d) | other economic operators which have surplus stocks or available stockholding capacity within the territory of the Member State on whose account the stocks are held, provided that such delegation has been communicated in advance to the Member State. Member States may impose limits or conditio…
− | --- | --- |
+ ### Article 9 — Specific stocks
− ### art_9
− Article 9
− 
+ — Ethane
− | — | Ethane |
− | --- | --- |
+ — LPG
− | — | LPG |
− | --- | --- |
+ — Motor gasoline
− | — | Motor gasoline |
− | --- | --- |
+ — Aviation gasoline
− | — | Aviation gasoline |
− | --- | --- |
+ — Gasoline-type jet fuel (naphtha-type jet fuel or JP4)
− | — | Gasoline-type jet fuel (naphtha-type jet fuel or JP4) |
− | --- | --- |
+ — Kerosene-type jet fuel
− | — | Kerosene-type jet fuel |
− | --- | --- |
+ — Other kerosene
− | — | Other kerosene |
− | --- | --- |
+ — Gas/diesel oil (distillate fuel oil)
− | — | Gas/diesel oil (distillate fuel oil) |
− | --- | --- |
+ — Fuel oil (high sulphur content and low sulphur content)
− | — | Fuel oil (high sulphur content and low sulphur content) |
− | --- | --- |
+ — White spirit and SBP
− | — | White spirit and SBP |
− | --- | --- |
+ — Lubricants
− | — | Lubricants |
− | --- | --- |
+ — Bitumen
− | — | Bitumen |
− | --- | --- |
+ — Paraffin waxes
− | — | Paraffin waxes |
− | --- | --- |
+ — Petroleum coke
− | — | Petroleum coke |
− | --- | --- |
+ 4. Each Member State that has decided to maintain specific stocks shall send the Commission a notice to be published in the *Official Journal of the European Union*, specifying the level of such stocks that it has undertaken to maintain and the duration of such undertaking which shall be at least 1 …
− 4. Each Member State that has decided to maintain specific stocks shall send the Commission a notice to be published in the Official Journal of the European Union, specifying the level of such stocks that it has undertaken to maintain and the duration of such undertaking which shall be at least 1 ye…
+ ### Article 10 — Managing specific stocks
− ### art_10
− Article 10
− 
+ ### Article 11 — The effect of delegations
− ### art_11
− Article 11
− 
+ ### Article 12 — Statistical summaries of stocks covered by Article 3
− ### art_12
− Article 12
− 
+ ### Article 13 — Statistical summaries of specific stocks
− ### art_13
− 
− Article 13
+ ### Article 14 — Summaries of commercial stocks
− ### art_14
− 
− Article 14
+ ### Article 15 — Data processing
− ### art_15
− Article 15
− 
+ ### Article 16 — Biofuels and additives
− ### art_16
− 
− Article 16
+ (a) they have been blended with petroleum products concerned; or
− | (a) | they have been blended with petroleum products concerned; or |
− | --- | --- |
+ (b) they are stored on the territory of the Member State concerned, provided that the Member State has adopted rules ensuring that they are to be blended with petroleum products held pursuant to stockholding requirements set out in this Directive and that they are to be used in transportation.
− | (b) | they are stored on the territory of the Member State concerned, provided that the Member State has adopted rules ensuring that they are to be blended with petroleum products held pursuant to stockholding requirements set out in this Directive and that they are to be used in transportation. |
− | --- | --- |
+ ### Article 17 — Coordination Group for oil and petroleum products
− ### art_17
− Article 17
− 
+ ### Article 18 — Reviews of emergency preparedness and stockholding
− ### art_18
− 
− Article 18
+ ### Article 19 — Protection of individuals with regard to the processing of data
− ### art_19
− Article 19
− 
+ ### Article 20 — Emergency procedures
− ### art_20
− 
− Article 20
+ 1. Member States shall ensure that they have procedures in place and take such measures as may be necessary, in order to enable their competent authorities to release quickly, effectively and transparently some or all of their emergency stocks and specific stocks in the event of a major supply disru…
− 1. Member States shall ensure that they have procedures in place and take such measures as may be necessary, in order to enable their competent authorities to release quickly, effectively and transparently some or all of their emergency stocks and specific stocks in the event of a major supply disru…
+ (a) 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 memb…
− | (a) | 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 …
− | --- | --- |
+ (b) the Commission should recommend to Member States to release some or all of their emergency stocks and specific stocks or to take other measures of equivalent effect as considered appropriate. The Commission may act only after consulting the Coordination Group.
− | (b) | the Commission should recommend to Member States to release some or all of their emergency stocks and specific stocks or to take other measures of equivalent effect as considered appropriate. The Commission may act only after consulting the Coordination Group. |
− | --- | --- |
+ ### Article 21 — Penalties
− ### art_21
− 
− Article 21
+ ### Article 22 — Review
− ### art_22
− Article 22
− 
+ ### Article 23 — Committee procedure
− ### art_23
− 
− Article 23
+ ### Article 24 — Repeal
− ### art_24
− 
− Article 24
− 
− ### art_25
+ ### Article 25 — Transposition
− Article 25
+ 
+ ### Article 26 — Entry into force
+ 
+ This Directive shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
+ 
+ ### Article 27 — Addressees
+ 
+ This Directive is addressed to the Member States.
+ 
+ ### 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, must 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 1099/2008, adjusting the result to take account of any stock changes,…
+ 
+ International marine bunkers are not included in the calculation.
+ 
+ ### ANNEX II
+ 
+ **METHOD FOR CALCULATING THE CRUDE OIL EQUIVALENT OF INLAND CONSUMPTION**
+ 
+ For the purpose of Article 3, the crude oil equivalent of inland consumption must be calculated using the following method:
+ 
+ Inland consumption is the sum of the aggregate ‘observed gross inland deliveries’, as defined in Section 3.2.1 of Annex C to Regulation (EC) No 1099/2008, of the following products only: motor gasoline, aviation gasoline, gasoline-type jet fuel (naphtha-type jet fuel or JP4), kerosene-type jet fuel,…
+ 
+ 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.
+ 
+ ### ANNEX III
+ 
+ **METHODS FOR CALCULATING THE LEVEL OF STOCKS HELD**
+ 
+ The following methods must be used to calculate stock levels:
+ 
+ Without prejudice to the case addressed in Article 4(3), 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 calendar year in question.
+ 
+ Member States may:
+ 
+ (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 1099/2008 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 crud…
+ 
+ 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 except for any held in refinery tanks, in pipeline tankage or in bulk terminals, may not be included when calculating levels of specific stocks where such stocks are calculated separately from emergency stocks.
+ 
+ The calculation may never include:
+ 
+ (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.
+ 
+ However, 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 minim…
+ 
+ ### ANNEX IV
− ### art_26
+ **Rules for the preparation and submission to the Commission of statistical summaries of stocks to be held pursuant to Article 3**
− Article 26
+ Each Member State 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 …
− This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
+ 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 CSEs concerned on the last day of the period to which it relates. In its summary, ea…
− ### art_27
+ For any stocks held by a Member State within its territory on behalf of other Member States or CSEs, 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 …
− Article 27
+ The statistical summaries referred to in this Annex must be submitted to the Commission within 55 days of the end of the month to which they relate. Those same summaries must also be submitted within 2 months of a request by the Commission. Such requests may be made no later than 5 years after the d…
− This Directive is addressed to the Member States.