European Commission Directorate General for Ener : Commission refers Romania to Court for failing to fully comply with the Oil Stocks Directive

Commission refers Romania to Court.

The European Commission has decided to refer Romania to the Court of Justice of the EU for not having correctly implemented and applied the Oil Stocks Directive (Council Directive 2009/119/EU).

According to the Oil Stocks Directive, Member States must ensure maintenance and availability of minimum stocks of crude oil and/or petroleum products in order to ensure security of supply of petroleum resources to the EU.

The Commission reminded Romania of its obligations under the Oil Stocks Directive on 20 November 2015 which include the obligation to have in place emergency procedures and a contingency plan in the event of a major supply disruption; the obligation to ensure a clear and effective framework for operators to be able to delegate their stockholding obligations. The Commission also questioned the fact that the Romanian legislation prohibits the use of oil stocks as collaterals, i.e. assets offered to secure a loan, which could make it more difficult for economic operators to fulfil their obligation to hold stocks. Having failed to address these concerns, the Commission sent a reasoned opinion to Romania on 18 November 2016.

The Commission has now decided to refer Romania to the Court of Justice of the EU.

Background

The Oil Stocks Directive (Council Directive 2009/119/EC) imposes an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products and gives security of supply of petroleum resources to the EU.

In this context, Member States must have in place appropriate emergency procedures and contingency plans in order to deal with a major supply disruption, should it occur. Furthermore, Member States may impose obligations to hold oil and/or petroleum product stocks on companies within certain boundaries; for instance, companies on which such obligations are imposed must be able to delegate them across the EU subject to certain conditions and limitations. The Oil Stocks Directive was to be transposed by 31 December 2012.

For More Information

-On the key decisions in the January 2018 infringements package, see full MEMO/18/349.

-On the general infringements procedure, see MEMO/12/12 (an info graph).

-On the EU infringements procedure.