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eGospodarka.plPrawoAkty prawneProjekty ustawRządowy projekt ustawy o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.

Rządowy projekt ustawy o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.

projekt dotyczy ratyfikacji Porozumienia, które tworzy podstawowe ramy prawne funkcjonowania mechanizmu wzajemnego wspierania się państw członkowskich w sytuacjach kryzysowych na rynku naftowym

  • Kadencja sejmu: 6
  • Nr druku: 429
  • Data wpłynięcia: 2008-04-17
  • Uchwalenie: Projekt uchwalony
  • tytuł: o ratyfikacji Porozumienia o Międzynarodowym Programie Energetycznym, sporządzonego w Paryżu dnia 18 listopada 1974 r., ze zmianami z dnia 30 listopada 2007 r.
  • data uchwalenia: 2008-05-30
  • adres publikacyjny: Dz.U. Nr 127, poz. 815

429

consumption during the base period, and allocation of available oil among the Participating Countries
shall take place in accordance with Articles 7, 9, 10 and 11.



Article 14
Whenever the group sustains or can reasonably be expected to sustain a reduction in the
daily rate of its oil supplies at least equal to 12 per cent of the average daily rate of its final
consumption during the base period, each Participating Country shall implement demand restraint
measures sufficient to reduce its final consumption by an amount equal to 10 per cent of its final
consumption during the base period, and allocation of available oil among the Participating Countries
shall take place in accordance with Articles 7, 9, 10 and 11.



Article 15
When cumulative daily emergency reserve drawdown obligations as defined in Article 7
have reached 50 per cent of emergency reserve commitments and a decision has been taken in
accordance with Article 20, each Participating Country shall take the measures so decided, and
allocation of available oil among the Participating Countries shall take place in accordance with
Articles 7, 9, 10 and 11.



Article 16
When demand restraint is activated in accordance with this Chapter, a Participating
Country may substitute for demand restraint measures use of emergency reserves held in excess of its
emergency reserve commitment as provided in the Program.



Article 17
1.
Whenever any Participating Country sustains or can reasonably be expected to sustain a
reduction in the daily rate of its oil supplies which results in a reduction of the daily rate of its final
consumption by an amount exceeding 7 per cent of the average daily rate of its final consumption
during the base period, allocation of available oil to that Participating Country shall take place in
accordance with Articles 8 to 11.

2.
Allocation of available oil shall also take place when the conditions in paragraph 1 are
fulfilled in a major region of a Participating Country whose oil market is incompletely integrated. In
this case, the allocation obligation of other Participating Countries shall be reduced by the theoretical
allocation obligation of any other major region or regions of the Participating Country concerned.



11

Article 18
1.
The term “base period” means the most recent four quarters with a delay of one-quarter
necessary to collect information. While emergency measures are applied with regard to the group or to
a Participating Country, the base period shall remain fixed.

2.
The Standing Group on Emergency Questions shall examine the base period set out in
paragraph 1, taking into account in particular such factors as growth, seasonal variations in
consumption and cyclical changes and shall, not later than 1st April, 1975, report to the Management
Committee. The Management Committee shall make proposals, as appropriate, to the Governing
Board, which, acting by majority, shall decide on these proposals not later than 1st July, 1975.



Article 19
1.
The Secretariat shall make a finding when a reduction of oil supplies as mentioned in
Article 13, 14 or 17 has occurred or can reasonably be expected to occur, and shall establish the
amount of the reduction or expected reduction for each Participating Country and for the group. The
Secretariat shall keep the Management Committee informed of its deliberations, and shall immediately
report its finding to the members of the Committee and inform the Participating Countries thereof. The
report shall include information on the nature of the reduction.

2.
Within 48 hours of the Secretariat's reporting a finding, the Committee shall meet to review
the accuracy of the data compiled and the information provided. The Committee shall report to the
Governing Board within a further 48 hours. The report shall set out the views expressed by the
members of the Committee, including any views regarding the handling of the emergency.

3.
Within 48 hours of receiving the Management Committee's report, the Governing Board
shall meet to review the finding of the Secretariat in the light of that report. The activation of
emergency measures shall be considered confirmed and Participating Countries shall implement such
measures within 15 days of such confirmation unless the Governing Board, acting by special majority,
decides within a further 48 hours not to activate the emergency measures, to activate them only in part
or to fix another time limit for their implementation.

4.
If, according to the finding of the Secretariat, the conditions of more than one of the
Articles 14, 13 and 17 are fulfilled, any decision not to activate emergency measures shall be taken
separately for each Article and in the above order. If the conditions in Article 17 are fulfilled with
regard to more than one Participating Country any decision not to activate allocation shall be taken
separately with respect to each Country.

5.
Decisions pursuant to paragraphs 3 and 4 may at any time be reversed by the Governing
Board, acting by majority.

6.
In making its finding under this Article, the Secretariat shall consult with oil companies to
obtain their views regarding the situation and the appropriateness of the measures to be taken.
7.
An international advisory board from the oil industry shall be convened, not later than the
activation of emergency measures, to assist the Agency in ensuring the effective operation of such
measures.



12

Article 20
1.
The Secretariat shall make a finding when cumulative daily emergency reserve drawdown
obligations have reached or can reasonably be expected to reach 50 per cent of emergency reserve
commitments. The Secretariat shall immediately report its finding to the members of the Management
Committee and inform the Participating Countries thereof. The report shall include information on the
oil situation.

2.
Within 72 hours of the Secretariat’s reporting such a finding, the Management Committee
shall meet to review the data compiled and the information provided. On the basis of available
information the Committee shall report to the Governing Board within a further 48 hours proposing
measures required for meeting the necessities of the situation, including the increase in the level of
mandatory demand restraint that may be necessary. The report shall set out the views expressed by the
members of the Committee.

3.
The Governing Board shall meet within 48 hours of receiving the Committee's report and
proposal. The Governing Board shall review the finding of the Secretariat and the report of the
Management Committee and shall within a further 48 hours, acting by special majority, decide on the
measures required for meeting the necessities of the situation, including the increase in the level of
mandatory demand restraint that may be necessary.



Article 21
1.
Any Participating Country may request the Secretariat to make a finding under Article 19
or 20.

2.
If, within 72 hours of such request, the Secretariat does not make such a finding, the
Participating Country may request the Management Committee to meet and consider the situation in
accordance with the provisions of this Agreement.

3.
The Management Committee shall meet within 48 hours of such request in order to
consider the situation. It shall, at the request of any Participating Country, report to the Governing
Board within a further 48 hours. The report shall set out the views expressed by the members of the
Committee and by the Secretariat, including any views regarding the handling of the situation.

4.
The Governing Board shall meet within 48 hours of receiving the Management
Committee's report. If it finds, acting by majority, that the conditions set out in Article 13, 14, 15 or 17
are fulfilled, emergency measures shall be activated accordingly.



Article 22
The Governing Board may at any time decide by unanimity to activate any appropriate
emergency measures not provided for in this Agreement if the situation so requires.



13

DEACTIVATION
Article 23
1.
The Secretariat shall make a finding when a reduction of supplies as mentioned in Article
13, 14 or 17 has decreased or can reasonably be expected to decrease below the level referred to in the
relevant Article. The Secretariat shall keep the Management Committee informed of its deliberations
and shall immediately report its finding to the members of the Committee and inform the Participating
Countries thereof.

2.
Within 72 hours of the Secretariat's reporting a finding, the Management Committee shall
meet to review the data compiled and the information provided. It shall report to the Governing Board
within a further 48 hours. The report shall set out the views expressed by the members of the
Committee, including any views regarding the handling of the emergency.

3.
Within 48 hours of receiving the Committee's report, the Governing Board shall meet to
review the finding of the Secretariat in the light of the report from the Management Committee. The
deactivation of emergency measures or the applicable reduction of the demand restraint level shall be
considered confirmed unless the Governing Board, acting by special majority, decides within a further
48 hours to maintain the emergency measures or to deactivate them only in part.

4.
In making its finding under this Article, the Secretariat shall consult with the international
advisory board, mentioned in Article 19, paragraph 7, to obtain its views regarding the situation and
the appropriateness of the measures to be taken.

5. Any
Participating
Country may request the Secretariat to make a finding under this Article.



Article 24
When emergency measures are in force, and the Secretariat has not made a finding under
Article 23, the Governing Board, acting by special majority, may at any time decide to deactivate the
measures either wholly or in part.
CHAPTER V
INFORMATION SYSTEM ON THE INTERNATIONAL OIL MARKET
Article 25
l. The
Participating
Countries shall establish an Information System consisting of two
sections:

- a General Section on the situation in the international oil market and activities of oil
companies,
14

- a Special Section designed to ensure the efficient operation of the measures described in
Chapters I to IV.

2.
The System shall be operated on a permanent basis, both under normal conditions and
during emergencies, and in a manner which ensures the confidentiality of the information made
available.

3.
The Secretariat shall be responsible for the operation of the Information System and shall
make the information compiled available to the Participating Countries.



Article 26
The term “oil companies” means international companies, national companies, non-
integrated companies and other entities which play a significant role in the international oil industry.



GENERAL SECTION
Article 27
1.
Under the General Section of the Information System, the Participating Countries shall, on a
regular basis, make available to the Secretariat information on the precise data identified in accordance
with Article 29 on the following subjects relating to oil companies operating within their respective
jurisdictions:

(a) Corporate structure;
(b) Financial structure, including balance sheets, profit and loss accounts, and taxes paid;
(c) Capital investments realised;
(d) Terms of arrangements for access to major sources of crude oil;
(e) Current rates of production and anticipated changes therein;
(f) Allocations of available crude supplies to affiliates and other customers (criteria and
realisations);
(g) Stocks;
(h) Cost of crude oil and oil products;
(i) Prices, including transfer prices to affiliates;
(j) Other subjects, as decided by the Governing Board, acting by unanimity.

2.
Each Participating Country shall take appropriate measures to ensure that all oil companies
operating within its jurisdiction make such information available to it as is necessary to fulfil its
obligations under paragraph 1, taking into account such relevant information as is already available to
the public or to Governments.

3.
Each Participating Country shall provide information on a non-proprietary basis and on a
company and/or country basis as appropriate, and in such a manner and degree as will not prejudice
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