of July 1, 2003 No. 296
About procedure for realization of oil products and forming of rates for them
For the purpose of enhancement of the mechanism of realization of oil products taking into account transformation of petroleum storage depots in legal entities, availability of the privatized and private gas stations, the Cabinet of Ministers decides creations of conditions for their competition:
1. Approve Regulations on limiting forming of markups of the petroleum storage depots realizing oil products according to appendix.
3. Determine that the conclusion of agreements on acquisition of oil products along with different petroleum storage depots is allowed to wholesale consumers and gas station. At the same time:
each wholesale consumer or the gas station realizing oil products to retail consumers independently chooses the petroleum storage depot with which he receives the main amount of oil products. The attachment as the main is allowed to other petroleum storage depot only in case of absence of debt before the former main petroleum storage depot;
acquisition of all oil products from other petroleum storage depots is allowed only on the terms of 100 percent advance payment.
4. In Item 8 of the Regulations on providing the city of Tashkent with oil products approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 7, 1998 N 382 "About measures for improvement of providing the city of Tashkent with oil products" (the joint venture of the Republic of Uzbekistan, 1998, N 9, of the Art. 33), the word of Tashgornefteprodukt shall be replaced with words JSC Uznefteprodukt.
5. To the Ministry of Finance together with the State Tax Committee, the State committee on demonopolization and development of the competition and the Ministry of Justice of the Republic of Uzbekistan to prepare and make offers on introduction of amendments to the legislation, following from this resolution in a month, and also to make corresponding changes to departmental regulatory legal acts.
6. To impose control over the implementation of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Tulyaganov K. N.
Republic of Uzbekistan U. Sultanov
to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 1, 2003 No. 296
1. This Provision determines procedure for limiting forming of markups on the oil products realized by the companies of NHK "Uzbekneftegaz" and other companies having licenses for sales right of oil products, according to the procedure, established by the legislation.
2. In this Provision the following terms are applied:
"regions" - Republic of Karakalpakstan, areas and city of Tashkent;
"regional financial bodies" - the Ministry of Finance of the Republic of Karakalpakstan, head department of finance of khokimiyat of the city of Tashkent, financial managements of khokimiyats of areas.
3. The Bukhara oil refinery and the Fergana oil refinery sell the products in the domestic market at the prices declared in the Ministry of Finance of the Republic of Uzbekistan.
4. In case of realization of oil products of JSC Uznefteprodukt regulates the amount of payment for transportation from the Bukhara oil refinery and the Fergana oil refinery to petroleum storage depots by rail so that the amount for transportation of one ton of the same type of oil products to any petroleum storage depot or branch of the petroleum storage depot would be identical. At the same time the possible negative financial result of oil refineries on transportation of oil products by rail becomes covered for the income account from general economy activities.
5. Limiting markups of petroleum storage depots of JSC Uznefteprodukt are declared by the Ministry of Finance of the Republic of Uzbekistan.
At the same time calculations for limiting declaring of markups of petroleum storage depots of JSC Uznefteprodukt are represented from JSC Uznefteprodukt taking into account inclusion in structure of markups of expenses on transportation of oil products from petroleum storage depots to the place of dislocation of gas station.
6. Declaring within one region of different limiting markups for different types of oil products is allowed. Such measure is allowed in the presence:
essential distinctions in specifications of acceptance, storage, unloading from reservoirs and transportation for different types of oil products;
other objective factors leading to emergence of essential difference between production costs on acceptance, storage and realization on different types of oil products.
7. Supply of oil products is made in the following procedure:
leave of oil products to consumers in truck tanks directly from petroleum storage depots;
delivery of oil products to consumers by cistern cars, it is direct from the oil processing companies.
At the same time declaring by the same type of oil products is made with different limiting markups depending on delivery type.
8. Petroleum storage depots have the right to establish markups at the level below the declared limiting markups. Realization from the same petroleum storage depot of the same type of oil products to different consumers with different markups for the same date is not allowed.
9. Realization by petroleum storage depots of JSC Uznefteprodukt of automobile gasoline and diesel fuel of gas station is performed on uniform retail prices taking into account discount.
In case of realization by petroleum storage depots of oil products on which uniform retail prices on all republic are on a centralized basis established including through the gas station and other divisions which are part of petroleum storage depots, positive difference between sales price (less the VAT and markup of the petroleum storage depot) and purchase price is subject to transfer to deposit accounts of the relevant oil refineries in proportion to their deliveries. At the same time the amount which is subject to transfer to deposit accounts of oil refineries decreases by cash amount, listed to the bodies paying to separate categories of persons monthly monetary compensation of part of expenses on motor gasoline acquisition. On the specified amounts quarterly between petroleum storage depots and oil refineries reconciliation statements are drawn up.
The specified means transferred into deposit accounts of oil refineries are not subject at petroleum storage depots to taxation by obligatory contributions to the state trust funds, and in case of payment of single tax payment - single tax payment.
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