L 358/100 Official Journal of the European Communities 31.12.98 COUNCIL DIRECTIVE 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 103a(1) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas the Council adopted Directive 68/ 414/EEC of 20 December 1968 imposing an obli- gation on Member States of the European Economic Community to maintain minimum stocks of crude oil and/or petroleum products (*); (2) Whereas imported crude oil and petroleum prod- ucts continue to play an important role in the Community’s energy supplies; whereas any diffi- culty, even temporary, having the effect of reducing supplies of such products, or significantly increasing the price thereof on international markets, could cause serious disturbances in the economic activity of the Community; whereas the Community must be in a position to offset or at least to diminish any harmful effects in such a case; whereas it is necessary to update Directive 68/ 414/EEC adapting it to the reality of the internal market of the Community and the evolution of the oil markets; (3) Whereas in Directive 73/238/EEC (°) the Council decided upon appropriate measures — including drawing on oil stocks — to be taken in the event of difficulties in the supply of crude oil and petro- leum products to the Community; whereas Member States have undertaken similar obligations in the Agreement on an ‘International Energy Programme’; () OJ C 160, 27. 5. 1998, p. 18. (3 OJ C 359, 23. 11. 1998. () Opinion delivered on 10-11 September 1998 (not yet published in the Official Journal). () OJ L 308, 23.12.1968, p. 14. Directive as amended by Directive 72/425/EEC (O] L 291, 28.12.1972, p. 154). () OJ L 228, 16. 8. 1973, p. 1. ) (10) Whereas it is important that the security of oil supply is enhanced; Whereas it is necessary that the organisational arrangements for oil stocks do not prejudice the smooth running of the internal market; Whereas the provisions of this Directive do not affect the full application of the Treaty, in partic- ular the provisions concerning the internal market and competition; Whereas, in accordance with the principle of sub- sidiarity and in accordance with the principle of proportionality as stipulated in Article 3b of the Treaty, the objective of maintaining a high level of security of oil supply in the Community through reliable and transparent mechanisms based on soli- darity amongst Member States and, at the same time, complying with the rules of the internal market and competition, can be carried out more adequately at the level of the Community; whereas this Directive does not exceed what is necessary to achieve this objective; Whereas it is necessary that stocks are at the disposal of Member States should difficulties in oil supply arise; whereas Member States should possess the powers and the capacity to control the use of stocks so that they can be made available promptly for the benefit of the areas which most need oil supplies; Whereas organisational arrangements for the main- tenance of stocks should ensure the stocks’ avail- ability and their accessibility to the consumer; Whereas it is appropriate that organisational arrangements for the maintenance of stocks are transparent, ensuring a fair and non-discriminatory sharing of the burden of the stock-holding obliga- tion; whereas, therefore, information relating to the cost of holding oil stocks may be made available by Member States to interested parties;