S.I. No. 59/1976 - European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1976.


S.I. No. 59 of 1976.

EUROPEAN COMMUNITIES (MINIMUM STOCKS OF PETROLEUM OILS) REGULATIONS, 1976.

I, PETER BARRY, Minister for Transport and Power, in exercise of the power conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:

1. These Regulations shall be cited as the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1976, and shall come into operation on the 1st day of April, 1976.

2. In these Regulations "the Principal Regulations" means the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974 ( S.I. No. 325 of 1974 ).

3. The Principal Regulations and these Regulations may be cited together as the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974 and 1976.

4. Regulation 2 of the Principal Regulations is hereby amended by the substitution of "15,000 tonnes" for "20,000 tonnes" in the definition of "large oil consumer", and that definition as so amended is set out in the Table to this Regulation.

TABLE

"large oil consumer" means, in relation to an undertaking in a particular year, any undertaking which in the preceding year purchased not less than 15,000 tonnes of petroleum oils for its own consumption in the State and not for resale in the State;

5. Regulation 4 (1) (a) of the Principal Regulations is hereby amended by the substitution of "60 times" for "55 times" and that Regulation, as so amended, is set out in the Table to this Regulation.

TABLE

Where an oil importer imports for use in the State petroleum oils of a category mentioned in regulation 3 of these regulations, he shall at all times maintain a stock of petroleum oils of that category equal in amount to not less than 60 times his average daily sales for internal consumption of that category in the preceding year.

6. The following Regulation is hereby substituted for Regulation 10 of the Principal Regulations:

"10. (1) The following shall be authorised officers for the purposes of these Regulations:

( a ) officers of Customs and Excise (within the meaning of section 3 of the Customs Consolidation Act, 1876, section 4 of the Inland Revenue Regulation Act, 1890, the Excise Transfer Order, 1909 (S.R. & O., No. 197 of 1909), and the Customs Act, 1956 ),

( b ) such and so many officers of the Minister as he appoints to be authorised officers for those purposes,

( c ) such and so many other persons as the Minister so appoints.

(2) Every authorised officer who is not an officer of Customs and Excise shall be furnished with a warrant of his appointment and, when exercising any power conferred on him by Regulation 11 of these Regulations or by Regulation 7 of the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1976, shall, if required by any person affected, produce the warrant to that person.".

7. In addition to the powers conferred on him by Regulation 11 of the Principal Regulations, an authorised officer under those Regulations may exercise any of those powers in relation to any person where he has reasonable grounds for believing that the person is a large oil consumer or an oil importer within the meaning of those Regulations.

GIVEN under my Official Seal this 4th day of March, 1976.

PETER BARRY,

Minister for Transport and

Power.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974 by increasing the statutory amount of oil stocks to be held by oil importers from 55 days to 60 days and by extending the definition of "large oil consumers," who are required to hold 55 days' stocks, to include those who use 15,000 tonnes of oil or more per annum. The Regulations also provide that officers of Customs and Excise shall be Authorised officers for the purpose of the enforcement of the Regulations. Provision already exists for the appointment of such other Authorised Officers as the Minister may decide. Under the Regulations an Authorised Officer's powers are extended to cover cases where he has reasonable grounds for believing that a person is an oil importer or large oil consumer.