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Oil Stockholding Act (Erdölbevorratungsgesetz, ErdölBevG)

Long Title: Act governing the Stockholding of Oil and Petroleum Products (Gesetz über die Bevorratung mit Erdöl und Erdölerzeugnissen)

In the version of 16 January 2012 (Federal Law Gazette I, p. 74 ff., entry into force 1 April 2012).

This translation was kindly provided by the Federal Ministry for Economic Affairs and Energy of the Federal Republic of Germany.

Disclaimer by the Federal Ministry: Translations of these materials into languages other than German are intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes. Please send comments with regard to this document to the following e-mail address: buero-iiib2@bmwi.bund.de.

Contents

Section 1 Stockholding

In order to secure the supply of energy, stocks of oil and petroleum products shall be held in accordance with this Act by the Erdölbevorratungsverband as the central stockholding entity.

Chapter 1 Tasks of the Erdölbevorratungsverband

Section 2 General

(1) The Erdölbevorratungsverband shall be a federal corporation under public law and having legal capacity based in Hamburg.

(2) The task of the Erdölbevorratungsverband shall be to fulfil the stockholding obligation imposed on it by this Act.

(3) The Erdölbevorratungsverband can for a certain period of time assume tasks from other Member States of the European Union or their central stockholding entities which refer to the administration of their stocks. This shall be subject to the approval of the Federal Ministry of Economics and Technology.

(4) The Erdölbevorratungsverband can participate in companies organised under private law to the extent that the desired purpose cannot be attained better and more economically in a different manner and the requirement of the Erdölbevorratungsverband to pay money in is restricted to a certain quantity. The purchase shall be subject to the approval of the Federal Ministry of Economics and Technology in consensus with the Federal Ministry of Finance.

Section 3 Stockholding obligation

(1) From 1 April of each year until 31 March of the following year (stockholding period), the Erdölbevorratungsverband shall constantly maintain stocks of oil and petroleum products at a level which corresponds at least to the average daily net imports to the territory covered by this Act for 90 days based on the last three calendar years prior to the stockholding period (reference period). The average daily net imports shall be calculated pursuant to subsection 3.

(2) If the stockholding obligation pursuant to subsection 1 is lower than the average daily net imports for 90 days in the last calendar year prior to the stockholding period, this calendar year shall be taken as the reference period. In this case, the Erdölbevorratungsverband shall adapt its stocks to this level within six months following the commencement of the stockholding period. In so doing, it shall take account of the likely development of the stockholding obligation based on the data from the current calendar year.

(3) The net imports of a calendar year shall be calculated on the basis of their crude oil equivalent by adding the net imports of oil, natural gas liquids, refinery feedstocks and other hydrocarbons pursuant to Annex B Section 4 of Regulation (EC) no. 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304 of 14 November 2008, p. 1). These shall be adapted in line with stock changes and reduced by a naphtha yield of 4 percent. If the actual average naphtha yield of a calendar year exceeds a share of 7 percent within the territorial scope of this Act, the total shall be reduced by this actual share. It is necessary to add to this total the net imports of all other petroleum products pursuant to Annex B Section 4 of Regulation (EC) no. 1099/2008 with the exception of naphtha, which shall be adapted in line with changes of stocks and multiplied by a factor of 1.065. Deliveries for the fuelling of international maritime shipping, multiplied by a factor of 1.065, shall be deducted from the sum thereby ascertained. The average daily net imports to be considered shall derive from the quotients of the annual net imports ascertained in this manner and the number of days in the respective calendar year.

(4) If the quantities of oil and petroleum products cited in subsection 3 are brought into free zones or bonded warehouses for storage, they shall not be deemed imports until they have been cleared as imports. Other movements into or out of the territorial scope of this Act shall be equivalent to importation or exportation.

(5) Biofuels for motors and heating and additives shall only be included in the calculation of the level of stocks to be held pursuant to subsection 1 if they have been blended with the respective petroleum products. If the proportion of the mass of the biofuel in a product exceeds the proportion of the mass of the mineral oil-based petroleum products, only the mineral oil-based proportion of the product shall be used in the calculation of the level of stocks.

Section 4 Discharge of the stockholding obligation

(1) The Erdölbevorratungsverband can discharge its stockholding obligation by holding stocks of

1. oil,

2. gasoline fuel, diesel fuel, extra light fuel oil and kerosene type jet fuel.

(2) The stockholding requirement can also be fulfilled by the holding of stocks of components, where

1. these are stored in the same tank or the same refinery or in tanks or refineries connected to operational pipelines, and

2. it is ensured that these can immediately be blended without processing to form a petroleum product which meets the specifications pursuant to subsection 1 figure 2.

(3) Biofuels for motors and heating and additives shall be included in the calculation of the level of stocks actually held if they have been blended with the respective petroleum products in a manner which fulfils the specification. Biofuels and additives shall also be considered if they are to be blended with the petroleum products held to fulfil the stockholding obligation of subsection 1 figure 2 and are stored with these in the territorial scope of this Act in the same refinery or the same tank or in tanks or refineries connected to operational pipelines. Biofuels can be included in the calculations to the extent that they can be blended with the existing petroleum products in line with the specification.

(4) The Erdölbevorratungsverband must hold at least one-third of the stocks which it must hold pursuant to Section 3 in the form of petroleum products pursuant to subsection 1 figure 2. The Advisory Council shall stipulate more details of the relationship between the quantity of oil stocks to that of stocks of petroleum products in the form of guidelines subject to the authorisation of the Federal Ministry of Economics and Technology.

(5) The quantities of stocks held shall be calculated as follows in terms of fulfilling the stockholding obligation:

1. oil stocks to a volume of 96 percent,

2. stocks of petroleum products pursuant to subsection 1 figure 2 at their crude oil equivalent derived from multiplying the sum of these quantities by a factor of 1.2.

A share of 10 percent of each of these calculated quantities shall be deducted.

(6) In the fulfilment of the stockholding requirement, stocks can be included which are located in the territorial scope of this Act or in another Member State of the European Union and held as follows:

1. in refinery tanks,

2. in bulk terminals,

3. in pipeline tankage,

4. in caverns,

5. in oil tankers in port, if these are ready to unload the shipment, or

6. in storage tank bottoms.

In the fulfilment of the stockholding requirement, non-extracted oil and stocks held as follows shall not be included:

1. in pipelines,

2. in road tankers,

3. in rail tank cars,

4. in barges,

5. in intercoastal tankers,

6. in ship bunkers,

7. in filling stations,

8. in retail outlets,

9. of other consumers,

10. as working stocks,

11. in inland waterway tankers,

12. in tankers at sea, or

13. as military stocks.

(7) The stockholding requirement cannot be fulfilled by stocks held for a company required to hold stocks or for another body required to hold stocks of another state.

Section 5 Specific stocks

(1) The Federal Ministry of Economics and Technology can require the Erdölbevorratungsverband in writing to hold stocks of petroleum products as specific stocks. Specific stocks shall be those stocks of petroleum products pursuant to Section 4 subsection 1 figure 2 which are owned by the Erdölbevorratungsverband and which fulfil the requirements of subsections 2 to 7. The number of days for the holding of specific stocks and the selected petroleum products shall be stipulated by the Federal Ministry of Economics and Technology. The stipulations shall remain in force for a period of at least one year and can only be altered with effect from the first day of a calendar month.

(2) The number of days for the stockholding of specific stocks stipulated by the Federal Ministry of Economics and Technology pursuant to subsection 1 sentence 3 shall represent a minimum level. This minimum level shall apply in the same way to

1. gasoline fuel,

2. diesel fuel and extra light fuel oil and

3. kerosene type jet fuel

to the extent that these have been selected as specific stocks.

(3) The total of the crude oil equivalents of the quantities of petroleum products consumed in Germany which are selected as specific stocks must amount to at least 75 percent of the crude oil equivalent of inland consumption pursuant to subsection 4 in the calendar year prior to the stockholding period. Section 3 subsection 5 shall apply mutatis mutandis to the calculation of the quantities cited in sentence 1. The crude oil equivalents cited in sentence 1 shall derive from the multiplication of the respective quantities of petroleum products by a factor of 1.2.

(4) The inland consumption of petroleum products shall be the total of the aggregate “observed gross inland deliveries” pursuant to Annex C Section 3.2.1 of Regulation (EC) No. 1099/2008, of the following products only: motor gasoline, aviation gasoline, gasoline type jet fuel (naphtha type or JP4), kerosene type jet fuel, other kerosene, gas/diesel oil (distillate fuel oil) and fuel oil (with high or low sulphur content) pursuant to Annex B section 4 of Regulation (EC) No. 1099/2008. Stocks for the fuelling of international maritime shipping shall not be included.

(5) The number of stockholding days for the individually held specific stocks shall be calculated from the quotients of the crude oil equivalent of these stocks and the crude oil equivalent of the average daily inland consumption of these petroleum products in the calendar year prior to the stockholding period.

(6) Specific stocks shall be held in refinery tanks, in pipeline tankage, in bulk terminals or in caverns.

(7) The Erdölbevorratungsverband must hold the minimum level of specific stocks pursuant to subsection 2 during the entire period communicated pursuant to Section 36 subsection 4. It may only temporarily go below the minimum level if this is occurs due to individual stock replacement measures including exchange measures to maintain quality or to adapt the stocks to altered specifications or consumption structures.

(8) Specific stocks held or transported in the territorial scope of this Act shall not be subject to attachment or other enforcement measures.

Section 6 Holding of stocks

(1) The Erdölbevorratungsverband shall purchase the stocks necessary to fulfil the stockholding requirement and shall in particular conclude purchase, rental and storage contracts for above-ground and subterranean storage space for the purpose of stockholding.

(2) The Erdölbevorratungsverband shall orient the procurement of stocks and storage space for petroleum products to the consumption structure of the petroleum products as far as is economically reasonable. Further details shall be stipulated by the Advisory Council in the form of guidelines subject to the authorisation of the Federal Ministry of Economics and Technology.

(3) In the holding of the stocks, the storage space and the stocks shall be distributed in a regionally balanced manner. Larger proportions of the stocks can be stored in individual regions to the extent that this is necessary for technical and economic reasons and that the supply of the other regions is secured. Further details shall be stipulated by the Advisory Council in the form of guidelines subject to the authorisation of the Federal Ministry of Economics and Technology.

(4) The stocks must be stored in such a manner that they can be made available for consumption on an ongoing basis within the following deadlines:

1. within 90 days in the case of petroleum products and components,

2. within 150 days in the case of oil.

In exceptional cases, the deadlines cited in sentence 1 can be exceeded by up to 10 percent in the case of subterranean storage if this means that the storage space can be used more economically and the securing of the supply of petroleum products is not impaired.

(5) The Advisory Council shall stipulate guidelines at the proposal of the Board for the procurement of stocks.

(6) The Erdölbevorratungsverband shall ensure that its stocks are available and physically accessible at all times and cannot be removed from storage without its express authorisation. It shall also ensure that, prior to the removal of specific stocks from storage outside the territorial scope of this Act, authorisation is obtained from the competent authorities of the respective state or of its central stockholding entity. The Erdölbevorratungsverband shall make arrangements for the identification, the accounting and the auditing of its stocks so that they can be scrutinised at all times. This shall also apply to the extent that its stocks are commingled with stocks of third parties.

(7) Section 882a subsection 2 sentence 1 in conjunction with subsection 3 sentence 1 of the Code of Civil Procedure shall not be applied to the assets of the Erdölbevorratungsverband with the exception of the specific stocks within the meaning of Section 5.

Section 7 Delegations

(1) In order to fulfil its stockholding obligation, the Erdölbevorratungsverband can also conclude contracts in which members or third parties commit themselves to holding stocks (delegations).

(2) The conclusion of contracts on delegations is permissible only if it is not possible to fulfil the requirement pursuant to Section 6 subsection 3, the adjustment of the level of stocks pursuant to Section 3 subsection 2 or the consumption-appropriate holding of stocks pursuant to Section 6 subsection 2 in a different economical manner and if the stocks held in this manner are fully available at all times to the Erdölbevorratungsverband. Section 4 subsection 6 shall apply mutatis mutandis.

(3) The total quantity of the delegations may not exceed 10 percent of the stockholding requirement pursuant to Section 3. If fixed-term agreements are concluded due to individual replacement measures, including exchange measures, to maintain quality or to adapt the stocks to altered specifications or consumption structures, it shall not be necessary to adhere to the maximum limit pursuant to sentence 1, to the extent that the Federal Ministry of Economics and Technology has approved this on a case-by-case basis.

(4) Section 8 subsection 2 shall be applied mutatis mutandis to delegations outside the territorial scope of this Act.

(5) The Advisory Council shall stipulate guidelines at the proposal of the Board for the agreement of delegations.

Section 8 Transfer of tasks

(1) The Erdölbevorratungsverband can for a certain period transfer to companies tasks relating to the management of its stocks including the specific stocks within the meaning of Section 5. It may not however transfer the sale and purchase of specific stocks. The transferred tasks may not be further transferred by the companies.

(2) The transfer or the alteration or extension of a transfer of tasks relating to the management of stocks which are held in another Member State of the European Union requires prior authorisation both from the Federal Ministry of Economics and Technology and from those Member States on whose territory the stocks are held. The application to the Federal Ministry of Economics and Technology must contain the following data:

1. owner and site of the storage of the stocks, in each case including the addresses,

2. quantities stored,

3. period of storage,

4. details of which petroleum product is stored or whether oil is stored, and

5. information as to whether the relevant stocks are specific stocks within the meaning of Section 5.

Section 9 Holding of stocks for other parties required to hold stocks

(1) The Erdölbevorratungsverband shall publish full information on an ongoing basis, broken down by oil and the petroleum products of Section 4 subsection 1 figure 2, regarding the quantities of stocks which it is able to hold for interested central stockholding entities of other Member States of the European Union. It shall not offer to hold any stocks for companies required to hold stocks.

(2) The Erdölbevorratungsverband shall publish at least seven months in advance the conditions at which it is prepared to hold quantities of stocks. The conditions for this, including the timing, can also be stipulated in a competitive procedure with a view to ascertaining the best offer. The Erdölbevorratungsverband shall offer to hold these stocks at objective, transparent and non-discriminatory conditions.

Section 10 Holding of stocks by companies for other parties required to hold stocks

(1) Companies with headquarters in the territorial scope of this Act can hold stocks, including specific stocks, on behalf of other Member States and of companies and central stockholding entities of other Member States of the European Union.

(2) A precondition for this shall be the prior approval of the Federal Office of Economics and Export Control and of the Member State on whose behalf the relevant stocks are held. Section 8 subsection 2 sentence 2 shall apply mutatis mutandis subject to the proviso that it must be communicated whether these are specific stocks within the meaning of Article 9 of Council Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products. Sentence 1 shall also apply to an alteration or extension of such stockholding.

(3) The obligations transferred to the companies may not be further transferred.

(4) For stocks in free zones and bonded warehouses, subsection 1 shall not apply until they have been cleared as imports.

Section 11 Adaptation to the requirement to hold stocks

(1) If an increase in the existing stockholding obligation is to be expected for the following stockholding period, the Erdölbevorratungsverband should, where this is indicated in economic terms, increase its stocks in advance of this period.

(2) If the stocks exceed the stockholding obligation pursuant to Section 3 by more than 5 percent, the Erdölbevorratungsverband can sell the quantity exceeding the 5 percent. If the stocks exceed the stockholding requirement by 5 percent or less, a sale of quantities of stocks shall be possible only in consensus with the Federal Ministry of Economics and Technology. Prior to the sale, account shall be taken of the likely development of the stockholding obligation based on the data from the current calendar year.

(3) Without prejudice to Section 26 subsection 1, the principles of a competitive procedure shall be observed when stocks are purchased and sold.

Chapter 2 Release of Stocks

Section 12 Release of stocks, authorisations to issue ordinances

(1) In order to

1. prevent impending or remove existing disruption to the supply of energy,

2. counteract a substantial and sudden fall in supplies of oil or petroleum products into the territorial scope of this Act or to one or several other Member States of the European Union, irrespective of whether this has led to an international decision to release stocks or not (major supply disruption),

3. fulfil duties on the basis of a decision by the Governing Board of the International Energy Agency according to which oil or petroleum products are to be provided to the markets via the release of stocks of the members, by additional measures or by a combination of the two (international decision to release stocks),

4. provide solidarity-based support for Member States of the International Energy Agency or the European Union,

5. make an initial response in cases of particular urgency, or

6. meet local crises,

the Federal Ministry of Economics and Technology shall be authorised to issue ordinances subject to the approval of the Bundesrat permitting lower quantities of oil, petroleum products or a combination of the two to be held for a certain period than is required by this Act (release). In this ordinance, the Federal Office of Economics and Export Control can be granted the power to require the Erdölbevorratungsverband to supply certain clients where this is necessary to secure the supply of the population or public institutions with vital goods or services. Here, appropriate consideration must be given to the security of the overall energy supply in the regions supplied by the companies. If only local disruption is to be countered, this ordinance can be restricted to individual storage facilities. Approval by the Bundesrat shall not be required if the release refers to a period of not more than six months.

(2) The ordinance pursuant to subsection 1 sentence 1 must be revoked as soon as the grounds for its enactment disappear.

(3) The Federal Ministry of Economics and Technology shall also be authorised to stipulate by ordinance subject to the approval of the Bundesrat the time by when the obligation to hold stocks pursuant to Section 3 must be fulfilled again. Subsection 1 sentence 5 shall apply mutatis mutandis.

(4) The Federal Ministry of Economics and Technology shall without delay inform the Commission of the European Union and the International Energy Agency about any release.

(5) If stocks are released, these shall primarily be offered to the members of the Erdölbevorratungsverband giving appropriate consideration to their share of the coverage of the costs of the Erdölbevorratungsverband. A member of the Erdölbevorratungsverband can fully or partly assign the quantities of stocks offered to it to another member of the Erdölbevorratungsverband. The released stocks must be sold at market prices. The Erdölbevorratungsverband can in co-ordination with the Federal Ministry of Economics and Technology offer the released stocks or equivalent amounts not taken up in this manner to the members of the Erdölbevorratungsverband in the context of a subsequent bidding procedure at market prices or via a public procurement procedure. Details shall be stipulated in guidelines from the Advisory Council.

(6) Stocks which are held in the territorial scope of this Act for another Member State of the European Union shall be subject, to the extent that these are to be used for a measure pursuant to Article 20 of Directive 20090/119/EC, neither to enforcement proceedings nor to attachment, nor can a right of retention be assigned to them.

(7) The Federal Ministry of Economics and Technology shall keep intervention plans and organisational measures to implement these plans available at all times for the case of a serious interruption to supply and shall inform the Commission of the European Union about both upon request from it.

Chapter 3 Members, Bodies and Articles of Association of the Erdölbevorratungsverband

Section 13 Membership

(1) Any party which imports gasoline fuel, diesel fuel, extra light fuel oil or kerosene type jet fuel on a commercial basis or in the context of commercial operations or manufactures it or causes it to be manufactured on his own account in the territorial scope of this Act, to the extent that the total quantity imported or manufactured is at least 25 tonnes per calendar year, shall be a member of the Erdölbevorratungsverband.

(2) Other movements into the territorial scope of this Act shall be equivalent to importation. The grounds for membership pursuant to subsection 1 shall exist irrespective of the intended use of the petroleum products. Every oil-containing product not mentioned in subsection 1 shall also be regarded as a petroleum product within the meaning of subsection 1 from the point of time at which it is stipulated for use as energy as one of the products cited there; the undertaking of this stipulation shall be equivalent to manufacture.

(3) Grounds for membership shall not derive from importation of the petroleum products cited in subsection 1 to the extent that they are imported in the fuel tanks of road vehicles, rail vehicles, ships or aircraft.

(4) If importation is based on a contract with a party located outside the territorial scope of this Act on the purchase of petroleum products for the purpose of importation (importation contract), only the contracting party resident in the territorial scope of this Act shall be the importer within the meaning of this Act and thus a member of the Erdölbevorratungsverband. Any party which is merely active as a shipping agent or a carrier or in a similar role in the movement of the petroleum products shall not be an importer.

(5) If the petroleum products cited in subsection 1 are imported by a party resident outside the territorial scope of this Act, the member of the Erdölbevorratungsverband shall be the party resident in the territorial scope of this Act which purchases ownership of the petroleum products from the party outside the territorial scope. If the aforementioned purchaser is himself not resident in the territorial scope, the last storage holder resident in the territorial scope which has accepted the petroleum products in his storage facility shall to this extent be a member of the Erdölbevorratungsverband. If a party outside the territorial scope causes petroleum products to be manufactured on his own account, the member of the Erdölbevorratungsverband shall be the party which manufactured them for him in the territorial scope of this Act.

(6) The processing or blending of petroleum products or other components shall also be regarded as manufacturing if one of the petroleum products cited in subsection 1 is created in the course of the processing or blending or if the total quantity of such a petroleum product is increased. Sentence 1 shall not apply if only substances to dye, mark or for similar purposes are blended with the petroleum products subject to stockholding requirements in a total amount of less than 1 percent.

(7) Membership shall commence the first time one of the criteria cited in subsection 1 is fulfilled. This shall also apply in the case of subsection 5. Membership shall end at the end of the calendar year in which the criterion giving grounds for membership ceased to be fulfilled.

Section 14 Bodies

The bodies of the Erdölbevorratungsverband shall be

1. the General Assembly of Members,

2. the Advisory Council, and

3. the Board.

Section 15 Articles of association

(1) The Erdölbevorratungsverband shall establish articles of association for itself. The articles of association and their amendments shall be adopted by the General Assembly of Members and shall be subject to the authorisation of the Federal Ministry of Economics and Technology.

(2) The articles of association can provide that members’ contributions must be stated separately in the members’ invoices.

(3) The articles of association and their amendments shall be published in the electronic Federal Gazette.

Section 16 General Assembly of Members

(1) The General Assembly of Members shall consist of the members of the Erdölbevorratungsverband. The members shall be invited and informed of the agenda at the latest four weeks before the meeting. They shall be deemed to have been invited if the invitation has been published the electronic Federal Gazette at this time.

(2) The General Assembly of Members shall be quorate irrespective of the number of parties present if those present account for more than one-third of the votes of all members of the Erdölbevorratungsverband as distributed pursuant to Section 17.

(3) The General Assembly of Members shall decide on the discharge of the Board and the Advisory Council and on the other affairs transferred to it by this Act or by the articles of association. The discharge shall be subject to the authorisation of the Federal Ministry of Economics and Technology in consensus with the Federal Ministry of Finance.

(4) The Board must convene an ordinary General Assembly of Members once each financial year and must inform the General Assembly of Members about the affairs of the Erdölbevorratungsverband. It must convene an extraordinary General Assembly of Members if this is applied for in writing, citing the purpose and the reasons,

1. by 10 percent of the members,

2. by members whose combined votes attain 30 percent of the votes of all members, or

3. by the Advisory Council, by a majority of 75 percent of its members.

(5) Decisions by the General Assembly of Members shall require a majority of 75 percent of the votes of the members present or represented. The Board shall inform the Federal Ministry of Economics and Technology about the decisions of the General Assembly of Members.

Section 17 Voting rights, authorisation to issue ordinances

(1) Each member shall in principle be granted one vote. Members which have manufactured or imported a certain minimum quantity of the petroleum products cited in Section 13 subsection 1 minus the quantities listed in Section 23 subsection 2 sentence 1 figures 1 to 3 shall be granted additional votes.

(2) The amount of additional votes must be differentiated in line with the relevant minimum quantity pursuant to subsection 1. This minimum quantity is to be stipulated in such a manner that the voting rights of the members takes appropriate account of their share of the contributions. At the same time, justified minority interests must be protected and account must be taken of the need to form workable majorities.

(3) The Federal Ministry of Economics and Technology shall be authorised to enact ordinances with the approval of the Bundesrat stipulating details of the voting rights of the members in accordance with subsections 1 and 2.

Section 18 Advisory Council

(1) The Advisory Council shall consist of at least nine members:

(2) Six members of the Advisory Council shall be elected by the General Assembly of Members for three years. The period of office shall end at the end of the third subsequent ordinary General Assembly of Members. Re-election shall be admissible. Natural persons who are members of the Erdölbevorratungsverband or who are entitled by law, articles of association or contract to represent a member or associations of members shall be eligible for election.

(3) Three members of the Advisory Council shall be elected from the group of such companies as manufacture petroleum products subject to stockholding obligations in refinery operations in the territorial scope of this Act or which are subject to the dominant influence of such a manufacturer or are able to exert such an influence on it. Three further members of the Advisory Council are to be elected from the group of the other members of the Erdölbevorratungsverband.

(4) Further members of the Advisory Council shall be one representative seconded by the Federal Ministry of Economics and Technology, one seconded by the Federal Ministry of Finance, and one seconded by the Bundesrat. Each representative stipulated by the Bundesrat shall be seconded for three years. The Federal Ministries and the Bundesrat can dismiss their representatives at any time.

(5) Up to two further members of the Advisory Council can be appointed by the Federal Ministry of Economics and Technology. Subsection 4 sentence 3 shall apply mutatis mutandis.

(6) A deputy member shall be elected or seconded for each member with the exception of the members appointed pursuant to subsection 5. Subsections 2 to 4 and 8 and 9 shall apply mutatis mutandis.

(7) The Advisory Council shall elect a chair and deputy chair by a majority from the elected members.

(8) If an elected member of the Advisory Council departs due to the cessation of validity of the preconditions pursuant to subsection 2 sentence 4 or for other reasons, a new member shall be elected at the next General Assembly of Members for the remainder of his term of office. The new member of the Advisory Council is to be elected from the group of members to which the departed member belonged.

(9) The members of the Advisory Council shall be obliged to fulfil their tasks impartially. They shall maintain confidentiality to the extent that they become aware of operational and business secrets of the Erdölbevorratungsverband or of its members in the context of their tasks.

Section 19 Tasks of the Advisory Council

(1) The Advisory Council

1. shall supervise the activities of the Board,

2. shall discuss all questions which are of fundamental significance for the Erdölbevorratungsverband, and

3. shall handle the other tasks assigned to it by this Act or the articles of association.

(2) In the context of its tasks, the Advisory Council can

1. demand reports from the Board and access to the documents of the Erdölbevorratungsverband, and

2. issue instructions to the Board; the articles of association shall prescribe further details of the power to issue instructions.

(3) The Advisory Council shall be quorate if at least six of its members are present, with the respective deputy being taken into account should a member be unable to attend. Decisions by the Advisory Council shall be taken by the votes of a majority of the members or, if they are unable to attend, of their deputies present. The following shall require a majority of 75 percent of the votes submitted:

1. decisions pursuant to Section 21 subsection 4, Section 27 subsection 5 and Section 28 subsection 2,

2. instructions to the Board, and

3. the appointment and dismissal of the Board.

(4) Decisions by the Advisory Council pursuant to Section 6 subsection 5, Section 30 subsection 2 sentence 2, subsection 3 figure 2 and subsection 5 shall require the approval of the representatives of the Federation on the Advisory Council.

(5) The chair of the Advisory Council shall represent the Erdölbevorratungsverband in relations with the members of the Board in and out of court.

Section 20 Committees of the Advisory Council

(1) The Advisory Council can establish an Economic Committee and a Stockholding Committee to advise the Advisory Council and the Board. Each committee shall consist of a maximum of eight members appointed by the Advisory Council. The members and deputy members of the Advisory Council may attend the meetings of the committees. Section 18 subsection 9 shall apply mutatis mutandis to the members of the committees.

(2) The Economic Committee shall scrutinise the draft business plan and the level of the contribution rate established by it and the annual financial statement. It shall also advise on matters relating to the financing of the Erdölbevorratungsverband.

(3) The Stockholding Committee shall advise on matters of stockholding and its economic viability, the quantitative planning and storage and the increase and decrease of stocks.

(4) The Advisory Council shall endow the committees with rules of procedure.

Section 21 Board

(1) The Board shall consist of two persons who are appointed by the Advisory Council and cannot at the same time belong to the Advisory Council. The period of office of the Board shall be five years. A repeated appointment shall be admissible.

(2) The Advisory Council can dismiss a member of the Board for an important reason before the expiry of his period of office. If a member of the Board leaves his office prematurely, the Advisory Council shall appoint a new member of the Board.

(3) The articles of association can stipulate further details about deputies for the members of the Board and the issuing of powers of attorney to staff of the Erdölbevorratungsverband.

(4) The rules of procedure of the Board shall be subject to the approval of the Advisory Council.

(5) If the members of the Board are unable to agree on the implementation of a transaction for which the Board is responsible, a member of the Board can appeal to the Advisory Council, which will then take the decision.

Section 22 Tasks of the Board

(1) The Board

1. shall manage the business of the Erdölbevorratungsverband,

2. shall decide on the affairs of the Erdölbevorratungsverband which are not assigned to any other body, and

3. shall handle the other tasks assigned to it by this Act or the articles of association.

(2) The Board shall represent the Erdölbevorratungsverband in and out of court unless stipulated otherwise by this Act.

Chapter 4 Contributions, Management

Section 23 Contributions

(1) The funding required to fulfil the tasks of the Erdölbevorratungsverband shall be raised by contributions from its members. The articles of association on contributions shall stipulate further details. The articles of association on contributions and their amendments shall be adopted by the General Assembly of Members and shall be subject to the authorisation of the Federal Ministry of Economics and Technology; they shall be published in the electronic Federal Gazette.

(2) The level of the respective contribution shall be based on the quantities of petroleum products of Section 13 subsection 1 imported and manufactured by the member minus

1. the exported quantities except for

a) the quantities in free zones or bonded warehouses which are not regarded as having been imported pursuant to sentence 2,

b) the content of fuel tanks of road vehicles, rail vehicles, ships or aircraft,

2. the quantities used for fuelling seagoing ships within the meaning of Section 4 figure 2 in conjunction with Section 8 subsection 1 figures 1 and 4 of the Turnover Tax Act in the version promulgated on 21 February 2005 (Federal Law Gazette I p. 386), most recently amended by Article 2 of the Act of 5 April 2011 (Federal Law Gazette I p. 554),

3. the quantities

a) which are forwarded for further processing in an oil manufacturing operation or

b) which are forwarded for chemical further processing for non-energy use if this overall process is comparable to a continuous production process.

If the petroleum products cited in sentence 1 are brought into free zones or bonded warehouses for storage, they shall not be deemed imports until they have been cleared as imports. Other movements out of the territorial scope of this Act shall be equivalent to exportation.

(3) If in an individual case the deducted quantities exceed the quantities manufactured and imported, there shall be to this extent a claim for reimbursement of contributions against the Erdölbevorratungsverband. A claim for reimbursement of contributions can also be made by those who, without being a member, have fulfilled a criterion of subsection 2 figures 1 to 3 (non-members). The precondition for this is that the claim has been assigned to them and that they have submitted themselves to the information and documentation requirements in place for members pursuant to Section 38 subsections 2 and 3 in writing to the Erdölbevorratungsverband.

(4) If in the case of processing or blending within the meaning of Section 13 subsection 6 only the total quantity is increased, only the additional quantity shall be regarded as being manufactured by the processing or blending. If the proportion of the non-petroleum-based components exceeds the proportion of the petroleum-based components, only the petroleum-based proportion shall be subject to the duty to make contributions. Sentences 1 and 2 shall apply mutatis mutandis to quantities within the meaning of Section 13 subsection 2 sentence 3 and for products imported or moved into the territorial scope of this Act.

(5) The level of the contribution rate in euros per tonne shall be stipulated pursuant to Section 27 subsection 5 taking into account the anticipated funding requirement in the financial year according to a uniform rate for all members. The level of the contribution rate shall be calculated by dividing up the expenditure with an impact on contributions to be expected in the financial year amongst the quantities pursuant to subsection 2 to be expected in the financial year.

(6) The contribution rate shall be published in the electronic Federal Gazette.

Section 24 Maturity, charging of interest and recovery of the contributions

(1) The level of the contribution must be ascertained by the party liable to contributions for each month. The contribution must be paid to the Erdölbevorratungsverband for each month by the end of the month after next without a request for payment being made. The Erdölbevorratungsverband shall be entitled to require appropriate security for the payment of the contribution in exceptional cases. The articles of association on contributions shall stipulate further details.

(2) If the amount is not paid by the party liable to pay contributions in line with his liability, the Erdölbevorratungsverband shall issue a payment notice.

(3) There shall be no offset against the contribution debt.

(4) If the debtor is late paying his contribution, the outstanding contribution including turnover tax shall be subject to annual interest of 3 percentage points above the interest rate of the marginal lending facility of the European Central Bank. The interest rate applicable on the first of a month shall form the basis for each day of interest of that month.

(5) Contributions and interest payments shall be enforced in line with the provisions of the Administrative Enforcement Act. Sections 194 ff of the Civil Code shall apply to the limitation in time of validity of demands for contributions and claims for reimbursement.

Section 25 Principles of economic management

(1) The Erdölbevorratungsverband shall be independent in its economic management unless stipulated otherwise by this Act. The provisions of the Federal Budget Code contained in Section 105 subsection 1 figures 1 and 2 of the Federal Budget Code shall not apply.

(2) The Erdölbevorratungsverband must keep accounts in line with the principles of commercial law. The financial statute of the Erdölbevorratungsverband shall stipulate the details. The financial statute shall be adopted by the General Assembly of Members in consensus with the Federal Ministry of Economics and Technology, the Federal Ministry of Finance, and in co-operation with the Federal Court of Auditors. The financial statute shall provide more detailed rules on the establishment and implementation of the business plan, on accounting and the final accounts of the Erdölbevorratungsverband and on the situation of the financial year. The financial statute and its amendments shall be published in the electronic Federal Gazette.

(3) The Erdölbevorratungsverband shall establish a business plan for each financial year.

(4) In order to maintain ongoing business activities, the Erdölbevorratungsverband can take up loans up to half of the revenue from contributions of the previous financial year. In order to finance the procurement of fixed assets, the Erdölbevorratungsverband can take up loans in line with the business plan to the extent necessary to fulfil the tasks transferred to it by this Act.

Section 26 Conclusion of contracts, changes to claims

(1) The conclusion of contracts on the procurement of supplies and services must be preceded by a public invitation to tender, unless the nature of the business or special circumstances justify an exception. Above the thresholds, the obligations of the Erdölbevorratungsverband deriving from the Fourth Part of the Act Against Restraints of Competition shall apply. The conclusion of contracts shall adhere to uniform guidelines from the Advisory Council. These shall require approval from the Federal Ministry of Economics and Technology.

(2) Prior to the receipt of the good or service, payments may only be agreed or effected by the Erdölbevorratungsverband where this is generally customary or justified by special circumstances.

(3) Where this is to its disadvantage, the Erdölbevorratungsverband may

1. only revoke or alter contracts in justified exceptional cases and

2. only agree a settlement if this is useful and economic for it.

The revocation, alteration and settlement pursuant to sentence 1 shall require approval from the Advisory Council if certain thresholds are exceeded. The financial statute shall regulate further details.

(4) The Erdölbevorratungsverband may only

1. defer claims if the immediate collection would involve substantial hardship for the other party and the claim is not jeopardised by the deferral; the deferral is to be granted in return for appropriate interest payments and as a rule only in return for collateral;

2. waive claims if it is clear that collection will not lead to the desired result or where the costs of collection are not in proportion to the amount of the claim;

3. release claims if collection would represent a special hardship for the other party in view of the individual case; the same applies to the reimbursement or offsetting of amounts paid and the release of collateral.

The deferral, waiver and release of claims pursuant to figures 1 to 3 shall require approval from the Advisory Council if certain thresholds are exceeded. The financial statute shall regulate further details. This shall be without prejudice to other arrangements in statutory provisions.

Section 27 Establishment of the business plan

(1) The business plan of the Erdölbevorratungsverband shall serve to plan and cover the need for resources which are likely to be necessary to fulfil the tasks of the Erdölbevorratungsverband in the financial year. The business plan shall be the binding basis of the conduct of the business. The business plan shall authorise the Erdölbevorratungsverband to assume obligations and undertake expenditures.

(2) The business plan shall be established in line with the principles of economy and efficiency.

(3) The business plan shall neither form a basis for nor revoke claims or liabilities.

(4) The business plan shall contain

1. a planned profit and loss account to be established according to the principles of commercial law,

2. a financial plan in which the planned investment must be listed, and

3. a calculation of the contributions and the resulting contribution rate for the next financial year.

(5) The Board shall present the Advisory Council with a draft of the business plan and the related contribution rate for the next financial year. The business plan and the contribution rate calculated pursuant to Section 23 subsection 5 shall be stipulated by the Advisory Council at the latest six weeks before the end of the financial year and shall be presented to the Federal Ministry of Economics and Technology for its authorisation at the latest one month before the end of the financial year. Before authorising the contribution rate, the Federal Ministry of Economics and Technology shall establish a consensus with the Federal Ministry of Finance. If the Erdölbevorratungsverband has failed to adopt the business plan and the contribution rate in time for the next financial year in a form eligible for authorisation and to present it to the Federal Ministry of Economics and Technology, the business plan and the contribution rate for the next financial year can be established and stipulated by the Federal Ministry of Economics and Technology. Sentence 3 shall apply mutatis mutandis in this case.

(6) The financial statute of the Erdölbevorratungsverband shall stipulate the details.

Section 28 Execution of the business plan

(1) The business plan shall be executed in line with the principles of economy and efficiency.

(2) The stipulated contribution rate can be adjusted in the course of a financial year. The adjustment must take place to the extent necessary to cover the need for funding. The rules of Section 27 subsection 5 shall apply mutatis mutandis.

(3) Expenditures which are not fully covered by the planned profit and loss account or for which no amount has been included (expenditures exceeding the plan and unplanned expenditures) shall be admissible only if the business plan covers them. Expenditures which are not fully covered by the financial plan or for which no amount has been included (expenditures exceeding the plan and unplanned expenditures) shall be admissible only if the business plan covers them.

(4) The business plan must be altered if the planned profit and loss account or the financial plan deviate substantially from the business plan. A substantial deviation shall exist if the total expenditure of the planned profit and loss account or the total expenditure of the financial plan exceeds the respective total estimate by more than 10 percent. Section 27 subsections 1 to 5 shall apply mutatis mutandis to the alteration of the business plan.

(5) The financial statute of the Erdölbevorratungsverband shall stipulate the details.

Section 29 Annual financial statement

(1) The Erdölbevorratungsverband must produce annual accounts at the end of each financial year, observing standard accounting practices and the financial statute. The annual financial statement shall consist of

1. the balance sheet and

2. the profit and loss account.

The annual financial statement must be extended to include an annex and a cash flow statement, which forms a unity with the balance sheet and the profit and loss account.

(2) A situation report must be attached to the annual financial statement.

(3) The annual financial statement and the situation report shall be audited by auditors or companies of auditors irrespective of the audit by the Federal Court of Auditors. The auditor of the annual financial statement shall be appointed by the Advisory Council in consensus with the Federal Ministry of Economics and Technology, the Federal Ministry of Finance and the Federal Court of Auditors. The auditor’s report must be presented to the Federal Ministry of Economics and Technology; the Federal Ministry of Economics and Technology must present the annual financial statement and the auditor’s report to the Federal Court of Auditors.

(4) The Advisory Council shall audit the annual financial statement. The Advisory Council shall report to the General Assembly of Members about the findings of the audit and shall present a proposal to it to confirm the annual financial statement.

Section 30 Use of revenues from sales

(1) The net revenues from sales of stocks pursuant to Section 11 subsection 2 shall be used to settle obligations entered into to procure the stocks.

(2) If the net revenues in a financial year do not cover the average cost price of the stocks which correspond to the oil or petroleum product sold, further obligations amounting to the level of the difference must be settled from contributions. This can be dispensed with by decision by the Advisory Council to the extent that in earlier financial years liabilities have been settled from net revenues which were higher than the corresponding average cost prices (surpluses). If liabilities amounting to 5 percent of the total cost price of all existing stocks have been settled from contributions within a financial year, the sales shall be ceased.

(3) In derogation from subsection 1, the Advisory Council can decide to use the surpluses contained in the net revenues as contributions

1. to the extent that obligations were settled from contributions in previous financial years or

2. if 30 percent of the obligations taken on to procure the existing stocks and storage facilities have been settled from rounding up contributions and from surpluses.

(4) Subsection 2 sentence 2 and subsection 3 figure 1 shall only be applied to the extent that the assets of the Erdölbevorratungsverband as valued at fair value exceed its debts.

(5) The Advisory Council shall decide on the use of the surpluses which accrue following the settlement of obligations taken on to procure the stocks and storage facilities. To the extent that no such decision is reached, the surpluses shall be placed in a special reserve.

(6) Subsections 1 and 2 shall be applied mutatis mutandis to the sale of storage facilities.

Chapter 5 Supervision

Section 31 Supervision

(1) The Erdölbevorratungsverband shall be subject to the supervision of the Federal Ministry of Economics and Technology (supervisory authority). The supervision shall be restricted, unless this Act stipulates otherwise, to the lawfulness of the activities of the Erdölbevorratungsverband. Here, the supervisory authority shall in particular have the powers set out in subsections 2 to 5.

(2) The supervisory authority can inform itself at all times about the affairs of the Erdölbevorratungsverband. It can demand oral and written reports from the bodies of the Erdölbevorratungsverband and demand or access files and other documents to the extent necessary to exercise its powers.

(3) The supervisory authority must revoke decisions and instructions from the bodies of the Erdölbevorratungsverband which violate current law; it must require that measures taken on the basis of such decisions or instructions be reversed. If bodies of the Erdölbevorratungsverband fail to take decisions or issue instructions as required by current law, the supervisory authority must require these decisions to be taken or instructions to be issued.

(4) If a body of the Erdölbevorratungsverband violates its duties and consequently the fulfilment of the tasks assigned to the Erdölbevorratungsverband by this Act is jeopardised, the supervisory authority can appoint a commissioner to exercise the powers of the body violating its obligations and the powers of its chair to the extent necessary for the tasks of the Erdölbevorratungsverband to be fulfilled.

(5) If the Board or the Advisory Council does not have the minimum number of members required by this Act, the supervisory authority must set the Erdölbevorratungsverband a deadline for the proper formation of these bodies. If the minimum number of members is not attained even following this deadline, the supervisory authority can appoint commissioners to exercise the rights of the missing members of the bodies.

Chapter 6 Dissolution

Section 32 Dissolution

(1) The dissolution of the Erdölbevorratungsverband shall take place by Act. The Act shall also regulate the use of the assets existing at the time. The Federal Republic of Germany shall assume the liabilities of the Erdölbevorratungsverband still existing at the time of dissolution.

(2) No insolvency procedure shall be held for the assets of the Erdölbevorratungsverband.

Chapter 7 Reporting and Information Requirements; Administrative Offences

Section 33

Reporting requirements for the members of the Erdölbevorratungsverband and of holders of stocks

(1) The members of the Erdölbevorratungsverband must provide the data to the Erdölbevorratungsverband in writing for each calendar month by the end of the following month which are necessary to calculate their contribution and to ascertain the level of the stockholding requirement. The articles of association on contributions shall stipulate further details.

(2) For petroleum products imported pursuant to Section 13 subsection 5 sentence 1, the holders of stocks which have received them into their storage facilities shall be obliged to provide the Erdölbevorratungsverband with data on the non-residents, the purchasers and the type and quantity of the petroleum products in writing for every calendar month by the end of the following month.

Section 34 List of stocks, reporting requirements

(1) The Erdölbevorratungsverband shall maintain a continuously updated list of its stocks including the delegations held by it. This list shall contain information on the location of storage, the quantities, the owners, the type of stocks and on delegations, whereby the structure of the list must be based on Section 4 subsection 1, and data on whether these are specific stocks within the meaning of Section 5.

(2) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union a summary of the list cited in subsection 1 for the last day of the previous calendar year by 25 February of each year. This list shall contain information about the quantities and type of the stocks and as to whether these are specific stocks within the meaning of Section 5. The Erdölbevorratungsverband shall transmit the data necessary for this to the Federal Office of Economics and Export Control.

(3) Upon request from the Commission of the European Union, the Federal Office of Economics and Export Control shall transmit a complete copy of the list pursuant to subsection 1 within 15 days. This copy can omit sensitive data on the location of the stocks; however, in the case of a review pursuant to Section 38 subsection 4 these data must be made available within a week of the announcement of the review. The Erdölbevorratungsverband shall transmit the data necessary for this to the Federal Office of Economics and Export Control.

(4) The Erdölbevorratungsverband shall retain the complete list for five years.

Section 35 Monthly reports of the stocks

(1) The Erdölbevorratungsverband shall report its stocks held at the end of the month pursuant to Section 4 to the Federal Office of Economics and Export Control for each past month. In so doing, it shall give a breakdown of the delegations and the specific stocks. Oil or petroleum products which are the object of seizure or enforcement may not be included in this report. The same goes for all stocks of companies in an insolvency procedure. The Federal Office of Economics and Export Control can prescribe the form and content of the report.

(2) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union final statistics on the stocks held on the last day of the respective calendar month within 55 days following the end of a month and within two months on request. The statistics must cite why the calculation is based on the net imports and state that the calculation of the stocks is undertaken pursuant to Annex III letter b of Directive 2009/119/EC. If stocks to be considered in the calculation pursuant to Section 3 are located outside the territorial scope of this Act, the stocks held in the various Member States of the European Union shall be listed in detail.

(3) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union statistics on all stocks held on the last day of the respective calendar month in the territorial scope of this Act for other Member States of the European Union or their central stockholding entities within 55 days following the end of a month and within two months on request. The statistics shall be broken down by oil and oil products pursuant to Annex C figure 3.1. paragraph 1 of Regulation (EC) no. 1099/2008.

(4) The Federal Office of Economics and Export Control shall retain the statistics and the data on which they are based for five years.

Section 36 Reports of the specific stocks

(1) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union statistics on the specific stocks held by the Erdölbevorratungsverband on the last day of the respective calendar month for each petroleum product pursuant to Section 5 subsection 2 by the end of the month following the respective calendar month and without delay on request. The statistics shall include the quantities and the number of stockholding days of the reference year corresponding to these quantities. If the Erdölbevorratungsverband holds specific stocks outside the territorial scope of this Act, the stocks held in the various Member States of the European Union shall be listed in detail. Furthermore, the Federal Office of Economics and Export Control shall state the extent to which these stocks are owned by the Erdölbevorratungsverband on the basis of the communication pursuant to Section 34 subsection 2 sentence 3.

(2) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union statistics on the specific stocks located in the territorial scope of this Act on the last day of the preceding calendar month which are owned by other Member States of the European Union or their central stockholding entities, broken down by the product categories pursuant to Article 9 paragraph 4 of Directive 2009/119/EC, by the end of the month following the respective calendar month and without delay on request.

(3) The Federal Office of Economics and Export Control shall retain the statistics pursuant to subsections 1 and 2 and the data on which they are based for five years.

(4) To the extent that the Erdölbevorratungsverband has been obliged to hold specific stocks pursuant to Section 5, the Federal Office of Economics and Export Control shall transmit to the Commission of the European Union a notification for publication in the Official Journal of the European Union citing the minimum number of consumption days of specific stocks and the duration of the obligation.

(5) If specific stocks are held for less than 30 consumption days, the Federal Ministry of Economics and Technology shall transmit to the Commission of the European Union a report by the end of the first month of the calendar year to which this report refers. This report shall contain

1. an analysis of the measures taken by the authorities ensuring that the stocks are available and physically accessible pursuant to Section 6 subsection 6, with the help of which it is verified whether this is the case, and

2. a documentation of the precautions taken so that the use of these stocks can be ensured in the case of interruptions to the supply of oil.

Section 37 Other reporting requirements

(1) The Erdölbevorratungsverband shall transmit to the Federal Office of Economics and Export Control each month the data it has received to calculate the contributions from its members. The Federal Office of Economics and Export Control shall be entitled to verify the data.

(2) The Federal Office of Economics and Export Control shall transmit to the Commission of the European Union each month statistics on the level of the stocks held in the territorial scope of this Act by companies which are not required by this Act to hold stocks. In so doing, it shall ensure the protection of sensitive data and shall not cite any names of owners.

Section 38 Duties to provide information, audit rights

(1) The Erdölbevorratungsverband shall on request provide the Federal Office of Economics and Export Control within a deadline set by it with the information and present it with the documents it needs to be able to supervise the fulfilment of the stockholding obligation and to audit the correctness of the reports and data pursuant to Sections 34 to 37.

(2) The members must on request provide the Erdölbevorratungsverband within a deadline set by it with the information and present it with the documents it needs to be able to supervise the fulfilment of their obligation to make contributions and to audit the correctness of the data pursuant to Section 33. If there are indications that someone is exercising an activity which gives grounds for membership of the Erdölbevorratungsverband, this party shall on request from the Erdölbevorratungsverband be required to issue the information and to present the documents necessary to review its membership pursuant to Section 13. To this end, the Erdölbevorratungsverband can also request the data of relevance to contributions held by the Federal Office of Economics and Export Control.

(3) The persons commissioned by the Federal Office of Economics and Export Control to undertake the review shall be authorised to enter operational sites and offices of the Erdölbevorratungsverband during operational and business hours and to view the facilities located there and to examine the documentation located there. The same powers shall be held by the Board of the Erdölbevorratungsverband or by auditors specifically empowered by the Advisory Council with regard to

1. the members of the Erdölbevorratungsverband and

2. such legal and natural persons as can be assumed due to certain facts that they exercise an activity which gives grounds for membership of the Erdölbevorratungsverband. The persons cited in sentence 2 figures 1 and 2 must tolerate the measures described in sentence 1.

(4) The Federal Ministry of Economics and Technology, the Federal Office of Economics and Export Control, and the Erdölbevorratungsverband must support the persons commissioned by the Commission of the European Union with carrying out reviews of contingency plans. They shall ensure for their field of responsibility that these persons are given access during the normal operational and business hours to

1. all documents relating to the stocks and

2. their operational sites and offices of sites where stocks are held, and all related documents.

Information obtained by these persons in the context of these reviews may not be passed on to unauthorised persons. Representatives of the Federal Ministry of Economics and Technology, the Erdölbevorratungsverband and the Federal Office of Economics and Export Control may accompany review measures by the Commission of the European Union.

(5) The persons cited in subsection 8 and those entrusted with the management of stocks including specific stocks must grant to the Federal Ministry of Economics and Technology, the Federal Office of Economics and Technology, the Erdölbevorratungsverband and persons of the Commission of the European Union commissioned with the implementation of reviews of contingency plans during the usual operational and business hours

1. access to all operational sites and offices of sites where stocks are held,

2. and must present on demand all documents relating to these stocks.

(6) If in the case of reviews pursuant to subsections 3 to 5 personal data become known, these shall neither be recorded nor considered, and should they be recorded by accident, they shall be immediately deleted.

(7) Parties obliged to furnish information may refuse to provide information on questions the answer to which would make themselves or a relative, as specified in Section 383 subsection 1 figures 1 to 3 of the Code of Civil Procedure, liable to criminal prosecution or to proceedings under the Regulatory Offences Act.

(8) Subsections 1, 3 and 5 shall also apply to legal and natural persons in whose direct or indirect ownership or co-ownership according to reports or information from the Erdölbevorratungsverband stocks of oil or petroleum products are or have been held for it.

(9) The Erdölbevorratungsverband must inform a Bundesland on its request about facts referring to the stockholding in that Bundesland.

(10) In order to clarify questions arising during the auditing of the Erdölbevorratungsverband, the Federal Court of Auditors can gain information directly from the companies participating in the Erdölbevorratungsverband during the normal operational and business hours regarding the operations, the accounts and the documents of the participating companies.

Section 39 Involvement of the fiscal administration

The Federal fiscal authorities shall be entitled to inform the Federal Office of Economics and Export Control and the Erdölbevorratungsverband about the affairs of the affected parties protected pursuant to Section 30 of the Fiscal Code to the extent that this is necessary to supervise the fulfilment of the reporting requirements pursuant to this Act.

Section 40 Fines

(1) An administrative office is committed by anyone who deliberately or negligently

1. contrary to Section 33 subsection 1 sentence 1 in conjunction with articles of association pursuant to Section 23 subsection 1 sentence 2 or contrary to Section 33 subsection 2 does not provide a piece of data, or does not provide it correctly, fully, in the prescribed manner or in time,

2. contrary to Section 38 subsection 1, also in conjunction with subsection 8, or contrary to Section 38 subsection 2 sentence 1 or sentence 2 does not provide a piece of information, or does not provide it correctly, fully, in the prescribed manner or in time, or does not present a document, or does not present it correctly, fully, in the prescribed manner or in time,

3. contrary to Section 38 subsection 3 sentence 3, also in conjunction with subsection 8, does not tolerate a measure,

4. contrary to Section 38 subsection 4 sentence 3 passes on a piece of information,

5. contrary to Section 38 subsection 5 figure 1 does not grant access or

6. contrary to Section 38 subsection 5 figure 2 does not present a document or does not present a document, or does not present it correctly, fully, in the prescribed manner or in time.

(2) The offence may be punished with a monetary fine of up to twenty thousand euros.

(3) The Federal Office of Economics and Export Control shall be the administrative authority within the meaning of Section 36 subsection 1 figure 1 of the Act on Administrative Offences.

Section 41 Transitional arrangements

If the Erdölbevorratungsverband must hold higher stocks pursuant to Section 3 subsection 1 or 2 of this Act in the stockholding period from 1 April 2012 until 31 March 2013 than on 31 March 2012, it must fulfil this higher stockholding requirement, in derogation to this extent from Section 3 subsection 1 sentence 1 and subsection 2 sentence 2 of this Act, only from 1 January 2013. In this case, the level of the stocks held until 1 January 2013 must at least correspond to the level of stocks held on 31 March 2012.


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