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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>

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