Caspian Report - Issue 06 - Winter 2014
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halt transactions related to cancellation<br />
(Art.3). In line with the new draft,<br />
the Ministry of Energy will acquire<br />
this competence. In the petroleum<br />
market, it will be obligatory to gain<br />
permission for downstream licences,<br />
as well as self-contained storage and<br />
dealership licences. Securities will be<br />
taken for all licences and permits. The<br />
Ministry of Energy will be liable for<br />
granting licences, updating, suspending<br />
and stopping transactions related<br />
to cancellation. Entities found guilty of<br />
smuggling will not be granted licences,<br />
self-contained storage or dealership<br />
permits.<br />
REFINERIES MAY BECOME<br />
DISTRIBUTORS<br />
The current Petroleum Market Law<br />
No. 5015 (Art.5) states that, “The refining<br />
undertaking licensee may carry<br />
out liquid fuel distribution activities<br />
via its distribution company. The refining<br />
undertaking licensee should<br />
offer, on category basis, the same conditions<br />
to those demanding liquid fuel<br />
from himself as he does to his own<br />
distribution company.” This article is<br />
included in the new draft as it is, and<br />
it is clearly stated that the refining<br />
undertaking licensee can establish a<br />
petroleum distribution company.<br />
NATIONAL PETROLEUM STOCK<br />
WILL BE SHAPED BY SUPPLEMEN-<br />
TARY PETROLEUM STOCK<br />
According to the current Petroleum<br />
Market Law No. 5015 (Article 16),<br />
definitions relating to national oil<br />
stock are as follows:<br />
For the purposes of sustaining continuation<br />
in the market, preventing<br />
risks in times of crisis or extraordinary<br />
cases, a petroleum stock must<br />
be kept at the level equal to at least<br />
90 days’ worth, measured against the<br />
previous year’s net import for average<br />
daily consumption.<br />
IN THE PETROLEUM MARKET, IT WILL BE OBLIGATORY<br />
TO GAIN PERMISSION FOR DOWNSTREAM LICENCES, AS<br />
WELL AS SELF-CONTAINED STORAGE AND DEALERSHIP<br />
LICENCES.<br />
The national petroleum stock is obtained<br />
through the requirement that<br />
refinery, liquid fuel and LPG distribution<br />
licensees maintain a minimum<br />
of 20 times the average daily supply<br />
at their own storage or licensed storage<br />
facilities, whether as a whole or<br />
separately according to their status.<br />
Loaded tankers within territorial<br />
waters are to be transferred to refineries<br />
and storages and crude oil, and<br />
semi-products in refineries shall be<br />
deemed part of the national stock liability.<br />
The national petroleum stock<br />
may be kept tax-free according to the<br />
status of the storage location and relative<br />
to the provision of the allowance<br />
of the legislation.<br />
Liquid fuel and LPG distribution licensees’<br />
20 days’ supply, except for<br />
the portion in the bottom of their<br />
tanks, shall be taken as the minimum<br />
operational stock of the company and<br />
deemed part of the national petroleum<br />
stock. In addition, eligible consumers<br />
that consume 20,000 tons or<br />
more of each type of liquid fuel each<br />
year in a consumption facility shall<br />
be obliged to stock an amount in<br />
their storage to meet 15-days of their<br />
consumption, and this stock shall be<br />
considered as part of the national petroleum<br />
stock.<br />
75<br />
CASPIAN REPORT, WINTER <strong>2014</strong>