S.I. No. 324/1986:

FUELS (PETROLEUM OILS) (AMENDMENT) (No. 2) ORDER, 1986.

FUELS (PETROLEUM OILS) (AMENDMENT) (No. 2) 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) (No. 2) Order, 1986.

2. This Order shall come into operation on the 1st day of October, 1986.

3. The Fuels (Petroleum Oils) Order, 1983 ( S.I. No. 2 of 1983 ), is hereby amended by the substitution for Article 9 (as amended by the Fuels (Petroleum Oils) (Amendment) Order, 1986 ( S.I. No. 241 of 1986 )), of the following Article:

"9. (1) Where, in a particular quarter, a person to whom this Article applies fails--

(a) to remove from the refinery all or any part of the petroleum oil which the person is obliged to purchase in that quarter (whether pursuant only to Article 4 of this Order or pursuant to Article 4 and to either or both of Articles 6 and 14 of this Order), and

(b) by the end of that quarter, to agree with the Corporation a programme for such removal,

he shall, without prejudice to any other liability, criminal or civil, which he may incur under this Order or under the Fuels (Control of Supplies) Act, 1971 (as amended by the Fuels (Control of Supplies) Act, 1982 ), or otherwise, be liable to pay to the Corporation, on demand, a sum of money equivalent to the loss, damages, costs and expenses incurred by the Corporation by reason of such failure.

(2) Where the aggregate (in this Article referred to as the "relevant aggregate") of the quantities of all types of petroleum oil which a person is required by Article 4 of this Order to purchase in any particular quarter (in this Article referred to as the "relevant quarter") is less than 400 tonnes, such person may, if so agreed by the Minister, pay to the Corporation a sum of money equal to the loss, damages, costs and expenses, as determined by the Corporation, which would be incurred by the Corporation if such person failed to remove the relevant aggregate from the refinery by the end of the relevant quarter or, as the case may be, which would have been incurred by the Corporation by reason of any such failure which loss, damages, costs and expenses shall be deemed to include an administrative charge which shall be £500 or £2 per tonne in respect of the relevant aggregate, whichever is the greater, and payment of such sum shall be regarded as compliance with Article 4 (1) (a) of this Order: Provided always that any such person shall have given the Notice specified in paragraph (3) of this Article.

(3) Any person to whom Article 9 (2) applies shall send, not later than 14 days after the commencement of the relevant quarter, to the Minister notice in writing of his intention not to remove the petroleum oil from the refinery."

GIVEN under the Official Seal of the Minister for Energy this 1st day

of October, 1986.

SEAN O'MUIRI,

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.