GOVERNMENT OF ROMANIA

 

EMERGENCY ORDINANCE

concerning the constitution and maintenance of minimum

safety oil and oil product stocks

 

Based on the provisions of Art. 114 paragraph (4) in the Constitution of Romania,

 

The Government of Romania has been adopted the present emergency ordinance.

 

Art. 1 (1) The present emergency ordinance sets out the conditions for the constitution, maintenance, control and survey of minimum emergency safety oil and oil product stocks, called further minimum stocks.

            (2) The minimum stocks are used in case a malfunction in oil and oil product supply of the domestic market appears.

 

Art. 2 The National Administration of State Reserves and the legal persons listed in the Annex constitute the minimum stocks. The Annex is an integrant part of the present emergency ordinance.

 

Art. 3 The obligations of the National Administration of State Reserves and of the legal persons in charge with the constitution of the minimum stocks are the following:

a)      to maintain in safe conditions and manage the constituted minimum stocks from the quantitative and qualitative point of view;

b)      to monthly draw the inventory of the constituted minimum stocks;

c)      to report monthly to the competent authority the level of the minimum stocks according to the inventory;

d)      to ensure the availability and accessibility of the consumers to the minimum stocks, if necessary, after the advice of the competent authority, for the legal persons listed in the Annex, and under the law referring to the stocks constituted by the National Administration of State Reserves.

 

Art. 4 The categories of oil products taken into consideration for internal consumption are:

a)      Car petrol, airplane petrol and fuels of petrol type;

b)      Gas-oils, Diesel fuels, kerosene and airplane fuels of kerosene type;

c)      Petroleum fuels.

 

Art. 5 (1) The minimum stocks include:

a)      the quantities on board the oil tankers in harbour to be unloaded, after fulfilling the harbour formalities;

b)      the quantities held in tanks in the unloading harbours;

c)      the quantities held in tanks in the oil and oil product transport system;

d)      the quantities in the tanks of the refineries excluding those in the refinery installations;

e)      the quantities held in stock by refineries and other entities whose object of activity is storage and wholesale distribution;

f)        the quantities held in stock by the main consumers;

g)      the quantities held in barges and coast ships engaged in the consignment inside the national borders, inasmuch as it is possible for the competent authorities to keep control over these quantities and provided these quantities are immediately available;

h)      the quantities in stock with the National Administration of State Reserves, constituted and financed according to the provisions of Law no. 82/1992 concerning the state reserves, published again.

(2) The minimum stocks exclude:

a)      domestic not extracted mineral oil;

b)      the quantities destined to ships;

c)      the quantities in direct transit, excepting the stocks maintained in the unloading harbours;

d)      the quantities in pipes, road and rail oil tankers, in the storing tanks of the distribution stations, as well as those held by the small consumers;

e)      the quantities held by the armed forces and those reserved to them by the National Administration of State Reserves and the entities in the field of oil industry.

 

Art. 6 The level of the minimum stocks is equivalent to the daily average domestic consumption of oil products according to Art. 4, achieved for 67.5 days in the previous calendar year.

 

Art. 7 The minimum stocks are constituted in stages, starting with 2002 for a period of 10 years at most.

 

Art. 8 (1) The minimum stocks are funded 50% from the state budget for the constitution by the National Administration of State Reserves of half of the approved level of stocks and 50% of their own sources of the legal persons listed in the annex, for the constitution of the other half of the approved yearly level of stocks.

(2) The expenses to maintain the minimum stocks constituted by the National Administration of State Reserves, in custody at the legal persons listed in the Annex, are accrued to the latter.

 

Art. 9 (1) The minimum stocks can be maintained under the form of oil, intermediary products and finished products.

 (2) The existing quantities of finished products will be considered as such, and crude oil and the intermediary products will be expressed in equivalent finished products in proportion with the finished products resulting from processing during the previous calendar year.

 

Art. 10 (1) The Ministry of Industry and Resources is the competent authority that co-ordinates the constitution, maintenance, control, and survey of minimum stocks.

(2) The Ministry of Industry and Resources proposes the Government the level of the minimum stocks and their assortment structure under non-discriminatory and transparency conditions.

(3) The Ministry of Industry and Resources has the following tasks and main responsibilities:

a)      to propose the yearly level of minimum stocks up to 31 of March and to check their constitution up to 31 of December in the first 5 years from enforcement of the present Emergency Ordinance and up to 31 of July in the next period.

b)      to propose the structure of the minimum stocks and the compulsory quantities held by each legal person listed in the Annex;

c)      to check the employment of the minimum stocks in case a malfunction in oil product supply of the domestic market appears;

d)      to develop the required methodology for the identification, monitoring of minimum stocks, and their control;

e)      to inform the Government about the activities carried out to ensure the minimum stocks with annual reports. The information about the constitution of minimum stocks is available at the Ministry of Industry and Resources for the concerned parties.

(4) The yearly level of the minimum stocks, the assortment structure, and their distribution to the legal persons listed in the Annex, as well as the storage space at the legal persons mentioned in the Annex, for the constitution in custody by the National Administration of State Reserves of the yearly approved level, are approved through Government Decision.

(5) The assortment structure may be modified and distributed to legal persons all along the year, within the yearly approved limits, through order of the Minister of Industry and Resources.

 

Art. 11 (1) The following acts are considered as infringements and sanctioned as follows:

a)      non-observance of the provisions of Art. 3 points a) and d) with a fine of 100,000,000 Lei up to 500,000,000 Lei, excepting the stocks held in custody, under the law.

b)      non-observance of the provisions of Art. 3 points b) and c) with a fine ranging from 50,000,000 Lei to 300,000,000Lei.

 (2) Art. 12 The staff specifically appointed by the Ministry of Industry and Resources finds out the infringements set forth under Art. 11 and apply the sanctions.

 (3) The infringements set forth in paragraph (1) are subjected to the provisions of the Government Ordinance nr. 2/2001 concerning the legal regime of infringements approved and modified in Law no. 180/2002.

 

Art. 12 The present Emergency Ordinance enters in force within 30 days from its publication date in the Official Monitor of Romania, Part I.

 

 

Bucharest, 30 of April 2002

No. 54

 

 

Annex

 

LIST

Of the legal persons that constitute minimum stocks

 

1. Refineries:

a)      National Oil Company “Petrom” SA – Petrobrazi Ploiesti branch;

b)      National Oil Company “Petrom” SA – Arpechim Pitesti branch

c)      “Petrotel Lukoil” SA – Ploiesti

d)      «Rompetrol Petromidia» SA – Constanta

e)      «Rafo» SA – Onesti

f)        «Astra» SA Ploiesti

g)      «Rompetrol Vega» SA Ploiesti

h)      «Steaua Romana» SA Campina

i)        Rafinaria Darmanesti SA Darmanesti

j)        «Petrolsub» SA Suplacul de Barcau

 

2. Entities whose object of activity is wholesale storage and distribution:

a)      National Oil Company “Petrom” SA , “Peco” and “Competrol” branches

b)      Other wholesale distribution entities

*

3. Other units uploading, unloading and transport of oil and oil products:

a)      “Conpet” SA

b)      “Oil” SA – Terminal

 

4. Main consumers:

a)      “Termoelectrica“ SA

b)      Other consumers*)

 

5. Other legal persons*



* Their names will be decided in a Government Decision

*) idem

* idem

 

 

Published in Official Journal of Romania no. 319/14.05.2002.