S.I. No. 241/1986:

FUELS (PETROLEUM OILS) (AMENDMENT) ORDER, 1986.

FUELS (PETROLEUM OILS) (AMENDMENT) ORDER, 1986.

The Minister for Energy, in exercise of the powers conferred on him by section 3 (5) of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), and the Industry and Energy (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 385 of 1983 ), hereby makes the following Order:

1. This Order may be cited as the Fuels (Petroleum Oils) (Amendment) Order, 1986, and shall come into operation on the 4th day of July, 1986.

2. In this Order "the Principal Order" means the Fuels (Petroleum Oils) Order, 1983 ( S.I. No. 2 of 1983 ).

3. Article 2 of the Principal Order is hereby amended by the substitution in the definition of "the refinery" of "Irish Refining plc" for "the Irish Refining Company Limited" and that definition, as so amended, is set out in the Table to this Article.

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"the refinery" means the refinery of Irish Refining plc situated at Whitegate in the county of Cork.

4. Article 4 (1) (a) of the Principal Order is hereby amended--

(a) by the substitution of "the third quarter of 1986" for "the first quarter of 1983", and

(b) by the insertion after "that quarter" of "or, having commenced the business of importation of that type during that quarter, had arranged to import that type during that quarter",

and the said Article 4 (1) (a), as so amended, is set out in the Table to this Article.

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4. (1) (a) Subject to Articles 5, 6 and 10 of this Order, a person to whom this Order applies shall in each quarter (commencing with the third quarter of 1986) purchase from the Corporation, on such terms as shall (subject to Articles 7 and 14 of this Order) be fixed by the Corporation for all purchases under this Order and be communicated by the Corporation to persons to whom this Order applies, a quantity of each type of petroleum oil specified in Article 3 of this Order, being a type which that person imported into the State within the period of 15 months ending at the commencement of that quarter or, having commenced the business of importation of that type during that quarter, had arranged to import that type during that quarter.

5. Article 4 (2) (c) (ii) of the Principal Order is hereby amended by the insertion after "in a material respect," of "or in a case where the business of importing any type of petroleum oil has commenced within the most recent period of twelve months, or in a case where such business will commence within the next relevant quarter,", and the said Article 4(2) (c) (ii), as so amended, is set out in the Table to this Article.

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4. (2) (c) (ii) In a case where such information has not been so required or has not been so furnished, or in a case where such information has been furnished but the Minister believes it to be incomplete or inaccurate in a material respect, or in a case where the business of importing any type of petroleum oil has commenced within the most recent period of twelve months, or in a case where such business will commence within the next relevant quarter, the Minister may make such estimate of a person's total requirements under paragraph 2 (a) of this Article as the Minister believes to be reasonable and may adjust such estimate having regard to such further information as he may receive, and any such estimate shall be deemed to be the requirement of which it is an estimate for the purposes of this Order.

6. Article 7 (1) of the Principal Order is hereby amended--

(a) by the insertion in paragraph (a) after "relates" of "in the case of persons whose requirements are determined under Article 4 (2) (c) (i) of this Order and shall be given as soon as reasonably practicable to persons whose requirements are estimated under Article 4 (2) (c) (ii) of this Order", and

(b) by the substitution in paragraph (b) for "to each person to whom this Order applies" of "to persons whose requirements are determined under Article 4 (2) (c) (i) of this Order and notification shall be given as soon as reasonably practicable to persons whose requirements are estimated under Article 4 (2) (c) (ii) of this Order",

and the said Article 7 (1), as so amended, is set out in the Table to this Article.

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7. (1) (a) The Minister shall, in respect of each quarter, give to each person to whom this Order applies notice in writing of the quantities of each type of petroleum oil which that person is required by Article 4 of this Order to purchase from the Corporation, and such notice shall be given not later than one month before the beginning of the quarter to which the requirement relates in the case of persons whose requirements are determined under Article 4 (2) (c) (i) of this Order and shall be given as soon as reasonably practicable to persons whose requirements are estimated under Article 4 (2) (c) (ii) of this Order.

(b) The Minister shall determine for the purposes of this Order on an FOB basis the prices per tonne at which types of petroleum oils required by Article 4 of this Order to be purchased from the Corporation shall be so purchased, and the prices so determined shall be notified in writing, before the beginning of each quarter, to persons whose requirements are determined under Article 4 (2) (c) (i) of this Order and notification shall be given as soon as reasonably practicable to persons whose requirements are estimated under Article 4 (2) (c) (ii) of this Order.

7. Article 7 (4) of the Principal Order is hereby amended by the substitution of "Irish Refining plc" for "the Irish Refining Company Limited" and the said Article 7 (4), as so amended, is set out in the Table to this Article.

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7. (4) Prices determined for the purposes of this Order shall take into account the costs incurred by the Corporation or Irish Refining plc in relation to capital cost, financing costs and overhead costs of acquiring crude oil, shipment, storage, processing and any other costs reasonably incurred in or arising from the operation of the refinery, including gains or losses incurred in the sale of such products (other than fuel oil) by reason of movements of exchange rates since the 6th day of September, 1982.

8. Article 9 of the Principal Order is hereby amended--

(a) by the insertion after "that quarter" of "and where he fails by the end of that quarter to agree with the Corporation a programme for such removal",

(b) by the deletion of ", in addition to the purchase price of that petroleum oil,"

(c) by the substitution for "an extra sum of money" of "a sum of money", and

(d) by the insertion after "such failure" of "together with an administrative charge which shall be £500 or £2 per tonne in respect of the quantity of petroleum oil involved, whichever is the greater, and payment of such charge shall be regarded as compliance with Article 4 (1) (a) of this Order",

and the said Article 9, as so amended, is set out in the Table to this Article.

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9. Subject to Article 6 of this Order, where in a particular quarter a person to whom this Order applies fails to remove from the refinery the petroleum oil which the person is obliged to purchase under this Order in respect of that quarter and where he fails by the end of that quarter to agree with the Corporation a programme for such removal he shall be liable to pay to the Corporation on demand a sum of money equivalent to the cost incurred by the Corporation by reason of such failure together with an administrative charge which shall be £500 or £2 per tonne in respect of the quantity of petroleum oil involved, whichever is the greater, and payment of such charge shall be regarded as compliance with Article 4 (1) (a) of this Order.

9. Article 15 of the Principal Order is hereby amended by the insertion after "( S.I. No. 280 of 1982 )," of "or the Fuels (Petroleum Oils) Order, 1983 ( S.I. No. 2 of 1983 )", and the said Article, as so amended, is set out in the Table to this Article.

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15. Any act done, communication made or notice given by or on behalf of the Minister or the Corporation before the making of this Order, by reference to, or for the purposes of, the Fuels (Control of Supplies) Order, 1982 ( S.I. No. 280 of 1982 ), or the Fuels (Petroleum Oils) Order, 1983 ( S.I. No. 2 of 1983 ), shall be as valid and effectual for the purposes of this Order as if such act, communication or notice had been done, made or given by reference to, or for the purposes of, this Order and as if this Order had then been in force.

GIVEN under the Official Seal of the Minister for Energy this 4th

day of July, 1986.

MICHAEL SCANLON,

A person authorised by the Minister for Energy to authenticate

the Official Seal of the Minister.

EXPLANATORY NOTE.

The Order applies to persons who import into the State certain petroleum products either for their own use or for disposal in the State. Such persons are obliged to purchase a quantity of petroleum products, refined at the Whitegate oil refinery, from the Irish National Petroleum Corporation Limited.