Information sheet on emergency stock obligations of economic operators under Directive 2009/119/EC
The new Council Directive 2009/119/EC (repealing Directives 2006/67/EC, 73/238/EEC and Decision 68/416/EEC) imposes an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products. The aim of this Directive is to make oil supply in the Community more secure through reliable and transparent mechanisms by means of maintaining minimum stocks and by putting in place emergency procedures to be used in the event of a shortage. This Directive was transposed into National law by means of Legal Notice 109 of 2013.
Member States must maintain a total level of oil stocks corresponding, at the very least, to 90 days of average daily net imports or 61 days of average daily inland consumption, whichever of the two quantities is greater. All Member States have an obligation to ensure that stocks are available and physically accessible at all times. In this regard, they are responsible for putting in place arrangements for the identification, accounting and control of these stocks so as to allow them to be verified at any time. At present, the Government of Malta has delegated the obligation to the economic operators operating in the inland market. The obligation has been apportioned among these economic operators based on their share of the market. Minimum stocks may be held by the operators themselves or their obligation may be fully or partly delegated to:
- One or several foreign Central Stockholding Entities (CSEs) that can maintain such stocks physically and/or as tickets, locally and/or abroad;
- Other economic operators which have surplus stocks locally and/or abroad.
The above mentioned delegations shall be regulated by Regulation 8 of L.N. 109 of 2013.
Submittal of monthly statistical summary and information on location of stocks
The economic operator has to submit to the Regulator a monthly statistical summary of the levels of commercial emergency and third party stocks held, including data for each fuel type that has been imported, stored and wholesaled to the inland market. Moreover, the economic operator must provide to the Regulator, information on the emergency stocks needed to pinpoint the exact location of the storage facility, as well as the type of stocks held being; physical stock or stock held as tickets, the entity guaranteeing coverage of the stock, the covered Member State, the owner of the stocks and their nature.
The data shall be submitted monthly by not later than 15 days after the end of the reporting month, save as otherwise provided by the Regulator. Data shall be submitted by electronic mail on statistics@office.rews.org.mt
Monthly Datasheet of Petroleum Products 2021
Methods of calculation of stocks held by economic operators
The level of stocks held is calculated using the methods set out in the Third Schedule to the Maintenance of Minimum Stocks of Crude Oil and, or Petroleum Products Regulations, 2013 (the ‘Regulations’). The levels of stocks held at any given time shall be calculated using data from the reference year determined in accordance with the rules set out in regulation 3.
Measures to prevent obstacles
The economic operators shall take all necessary measures to prevent all obstacles and encumbrances that could hamper the availability of emergency stocks. The Regulator may set limits and/or additional conditions on the possibility of its emergency stocks being held outside Malta.
Biofuels and additives
When calculating stockholding obligations under regulations 3 and 9, biofuels and additives shall be taken into account only where they have been blended with the petroleum products concerned. When calculating the stock levels actually maintained, biofuels and additives shall be taken into account when:
- they have been blended with petroleum products concerned, or;
- they are stored on the territory of Malta
Biofuels and additives shall be taken into account only when legally binding obligations are in force ensuring that biofuels are to be blended with petroleum products held pursuant to stockholding requirements set out in these regulations and that they are to be used in transportation.
Stock Availability
Economic operators must also establish arrangements for the identification, accounting and control at any time of the emergency stocks.
International agreements
Oil stocks may be held outside Malta, but inside the territory of other EU Member States, subject to prior approval by the Maltese Authorities and the Authority of the Member State where the stock is held.
Bilateral agreements are no longer required under the new Directive, but some Member States are still agreeing on non-legally binding Memoranda of Understanding (MoUs) between themselves so as to ensure that both parties are clear on the conditions under which oil is being held.
