Article 10 Commingled stock
Paragraph (2) applies where—
specific stocks are held under a delegation arrangement; and
those stocks have been commingled with other stocks.
Where this paragraph applies, no person may move the specific stocks unless the person (“H”) who holds the stock has obtained the prior consent of the Secretary of State (“a movement consent”).
Where H applies for a movement consent, the application must include—
the quantity of the specific stocks which are to be moved;
the form in which the specific stocks will be held, by reference to the product categories in Article 9(2) of the 2009 Directive;
the location at which the specific stocks will be held;
the identity and contact details of the member State or the CSE which owns the specific stocks; and
evidence that the member State or CSE which owns the specific stocks has given agreement in writing to the movement of the stock or intends to give its agreement in writing concurrently with the consent of the Secretary of State.
The Secretary of State may request such further information from the applicant as the Secretary of State considers necessary before deciding whether or not to give a movement consent.
The Secretary of State must not give a movement consent unless the Secretary of State is satisfied that the member State or the CSE which owns the specific stocks—
has agreed in writing to the movement of the stock; or
intends to give its agreement in writing concurrently with the consent of the Secretary of State.
The Secretary of State must, as soon as possible after receipt of H's application, notify H of—
the movement consent; or
the refusal of the application, together with the reasons for the refusal.
Notes on Part 4
Textual amendments
- F1
Word in Pt. 4 heading omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 7(4); 2020 c. 1, Sch. 5 para. 1(1)