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Legal Provisions and regulations

The Spanish regulations on minimum security hydrocarbon stocks and measures to adopt in the case of crisis are as follows:

  • Act no. 34/1998, of October 7, on the Hydrocarbon Sector.
  • Act no. 12/2007, of July 2, amending Act no. 34/1998, of October 7, on the Hydrocarbon Sector so as to adapt it to the provisions stated in Directive 2003/55/EC of the European Parliament and Council, of 26 June 2003, on common regulations for the internal natural gas market.
  • Act no. 25/2009, of December 22,from the amendment of legislation to adapt to the Law on free access to service activities and exercise.
  • Royal Decree 1716/2004 of 23 July, which regulates the obligation to maintain minimum security stocks, the diversification of natural gas supplies and the Corporation of Strategic Reserves of Oil-based Products.
  • Royal Decree 1766/2007 of December 28, amending Royal Decree 1716/2004 of 23 July, which regulates the obligation to hold minimum security stocks, the diversification of natural gas supplies and the Corporation of Strategic Reserves of Oil-based Products.
  • Agreement between the Government of the Kingdom of Spain and the Government of the French Republic, regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products, signed in Madrid, on October 4th, 2000.
  • Agreement between the Kingdom of Spain and the Italian Republic, regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products, signed in Madrid, on January 10th, 2001.
  • Agreement between the Kingdom of Spain and the Portuguese Republic, regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products.
  • Ministerial Order of 18 December 2000, on the storage of minimum security stocks in countries outside Spain’s territorial scope.
  • Ministerial Order of 26 July 2007, amending Order of 18th December 2000, on the storage of minimum security stocks in countries outside Spain’s territorial scope.
  • Ministerial Order of 11th October 2005, stating the rules governing the information duties of those liable to holding minimum security stocks of oil-based products including liquefied petroleum gas, and of natural gas, as well as the supervision powers of the Corporation of Strategic Reserves of Oil-based Products.
  • Order ITC/3837/2008 of December 26, approving the fees of the Corporation of Strategic Reserves of Oil-based Products for the financial year 2009.
  • Order ITC/ 1377/ 2009 of 27th May, amending the fees of the Corporation of Strategic Reserves of Oil-based Products for the fiscal year 2009.
  • ORDER ITC/543/2005, of 3 March, establishing the schedule for the increase of strategic stocks by the Corporation of Strategic Reserves of Oil-Based Products.

With regards to international regulations, those corresponding to the European Union and the International Energy Agency are listed below:

European Union:

International Energy Agency

The rules and regulations of the International Energy Agency are set out in the different rules established by the International Energy Programme Agreement and development guidelines.

The procedures in the event of a crisis scenario are regulated by the following provisions:

  • Council Directive 73/238, of 24 July 1973.
  • Council Decision 77/238, of 24 July 1973.
  • Council Decision 77/706/EEC, of 16 November 1977.
  • Commission Decision 76/639, of 15 June 1979.
  • Commission Decision 79/639/EEC, of 19 July 1979.

The most significant regulations indicated above are available below in PDF format. To make it more user-friendly, they have been grouped into sections.

General Provisions (in Spanish)

Act no 34/1998, of October 7, on the Hydrocarbon Sector. (BOE 241-8/10/98). (Rewritten Text). (HTML Format)
Act no 12/2007, of July 2, amending Act no. 34/1998, of October 7, on the Hydrocarbon Sector so as to adapt it to the provisions stated in Directive 2003/55/EC of the European Parliament and Council, of 26 June 2003, on common regulations for the internal natural gas market. (BOE 158-03/07/07).
ROYAL DECREE-LAW No. 6/2000, of 23 June, on Urgent Measures to Boost Competence on the Goods and Services Markets. (BOE 151-24/6/00).
ROYAL DECREEE 61/2006, of 31 January,laying down the specifications for gasolines, gas-oils, fuel-oils and liquefied petroleum gas, and the rules governing certain bio-fuels. (BOE 41-17/02/06).
ROYAL DECREE 1716/2004 of 23 July, which regulates the obligation to maintain minimum security stocks, the diversification of natural gas supplies and the Corporation of Strategic Reserves of Oil-based Products.(BOE 206-26/8/04). (Rewritten Text).
ROYAL DECREE-LAW 5/2005, of 11 March, on urgent reforms to boost productivity and improve public employment and/or tenders. (BOE 62-14/03/05).
ROYAL DECREE 1766/2007 of 28th December, amending Royal Decree 1716/2004 of 23 July, which regulates the obligation to maintain minimum security stocks, the diversification of natural gas supplies and the Corporation of Strategic Reserves of Oil-based Products.(BOE 312-29/12/07).

Development provisions RD 1716/2004 (in Spanish)

Resolution of 30 March 2009, issued by the Directorate General for Energy Policy and Mining, stating the obligation to maintain minimum security stocks of oil-based products by CORES and those parties liable to do so. (BOE 81 - 03/4/2009).
ORDER ITC/543/2005, of 3 March,establishing the schedule for the increase of strategic stocks by the Corporation of Strategic Reserves of Oil-Based Products. (BOE 59-10/03/05).
ORDER ITC/3283/2005, of 11th October, stating the rules governing the information duties of those liable to maintaining minimum security stocks of oil-based products including liquefied petroleum gas, and of natural gas, as well as the supervision powers of the Corporation of Strategic Reserves of Oil-based Products. (BOE 255 – 25/10/05).
Resolution of October 26 2007,issued by the Directorate General for Energy Policy and Mining, stating the obligation to maintain minimum security stocks of oil-based products by CORES and those parties liable to do so as from 31st October 2007. RESOLUCION.

Orders on appointments (in Spanish)

ORDER, October 5th 2004, which is the nomination for President of the Corporation for Petroleum Products Strategic Reserves (BOE 259-27/10/04).
ORDER ITC/3569/2004, October 5th, by the appointment of Member of the Board of Directors of the Corporation of Strategic Reserves of petroleum products, Don Pedro Miras Salamanca. (BOE 266-4/11/04).
ORDER ITC/1638/2009, June 12th, appointing Don Antonio Moreno-Torres Galvez Member of the Board of Directors of the Corporation of Strategic Reserves of petroleum products. (BOE 148-19/06/09).
ORDER ITC/2945/2009, October 21st, laying ceases Guide Don Juan Garcia and appointing Mr Sergio López Pérez Member of the Board of the Strategic Reserves Corporation Petroleum Products. (BOE 265-3/11/09).
ORDER ITC/3576/2009, December 29th, which stops at Don Antonio Moreno-Torres Galvez and appointing Don Alfonso González Aparicio Member of the Board of Directors of the Corporation of Oil Products Strategic Reserves. (BOE 2-2/1/10).

Organisation and Competences (in Spanish)

ROYAL DECREE 254/2006, of 3 March,amending Royal Decree 1554/2004, of 25 June, establishing the basic organisation chart at the Ministry of Industry, Tourism and Trade. (BOE 65-17/03/06).
ORDER ECO/2498/2002, of 3 October, delegating competences to various department bodies. (BOE 243-10/10/02).

Ministerial Orders on fee approval (in Spanish)

ORDER ITC/3510/2009, of December 29 approving the Corporation's shares of Strategic Reserves of Petroleum Products for the year 2010. (BOE 314-30/12/09).
ORDER ITC/3837/2008 of December 26, approving the fees of the Corporation of Strategic Reserves of Oil-based Products for the financial year 2009. (BOE 02-02/01/09).
ORDER ITC 1377/ 2009 of 27th May,amending the fees of the Corporation of Strategic Reserves of Oil-based Products for the fiscal year 2009. (BOE 131-30/05/09)

Resolutions taken by the Directorate General for Energy Policy and Mining regarding information on the hydrocarbon sector (in Spanish)

Resolution of 15 July 2008, issued by the Directorate general for Energy Policy and Mining, approving the new official forms to submit information by liable parties on the natural gas regime. (BOE 18 - 21/1/2009).
Resolution of May 29 2007, issued by the General Directorate of Energy Policy and Mines, approving the new official forms for submitting information to the Directorate General for Energy Policy and Mining , the National Energy Commission and the Corporation of Strategic Reserves of Oil-based Products. (BOE 155-29/06/2007).

Council Directives

COUNCIL DIRECTIVE 2006/67/EC, OF 24 July 2006, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version). (Official Journal of the European Union-24/7/06).
COUNCIL DIRECTIVE of 20th December 1968 imposing an obligation on EEC Member States to maintain minimum stocks of crude oil and/or petroleum products (68/414/EEC). (Official Journal of the European Union-23/12/68).
COUNCIL DIRECTIVE of 19 December 1972 amending Council Directive of 20th December 1968, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (72/425/EEC). (Official Journal of the European Union-28/12/72).
DIRECTIVA 98/93/CE DEL CONSEJO de 14 de diciembre de 1998, imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products. (Official Journal of the European Union-31/12/98).

Bilateral Agreements

AGREEMENT between the Government of the Kingdom of Spain and the Government of the French Republic regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products, signed in Madrid, on October 4th, 2000. (BOE 252-20/10/00).
AGREEMENT between the Kingdom of Spain and the Italian Republic regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products, signed in Madrid, on January 10th, 2001. (BOE 28-1/2/01).
AGREEMENT between the Kingdom of Spain and the Portuguese Republic regarding the mutual allocation of minimum security stocks of crude oil, petroleum intermediate by-products and oil-based products. (BOE 171-16/07/08).
PROTOCOL of the agreement on mutual holding of EMS, between Spain and Portugal. On 22 January 2009, the “Protocol between the General Directorate of Energy and Geology and the Corporation of Strategic Reserves of Oil-based Products” was undertaken under the Agreement held between the Portuguese Republic and the Kingdom of Spain regarding the mutual holding of stocks of crude oil and oil-based products. (PROTOCOLO 22/01/09).

Minimum security stocks in EU countries

MINISTERIAL ORDER of 18 December 2000 on the storage of minimum security stocks in countries outside Spain’s territorial scope. (BOE 309-26/12/00).
MINISTERIAL ORDER of July 26 2007, amending Order of December 18th 2000, on the storage of minimum security stocks in countries outside Spain’s territorial scope. (BOE 186 – 4/08/07).

Resolutions taken by the National Energy Commission (in Spanish)

ROYAL DECREE 1398/1993 of 4 August, stating that the body responsible for initiating proceedings concerning stocks is the National Energy Commission. (BOE 189-9/8/93).
Resolution of 16 February 2006, issued by the National Energy Commission, laying down, under article 34 and the third additional provision of Royal Decree-law 6/2000, of 23 June, the rules governing the relations between main and dominant operators within the energy sectors. (BOE 59-10/06/2006).
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