Rules for Access to Storage and Service Areas:
These rules apply to the access of resellers to the services of Olíudreifing ehf., hereafter referred to as ODR. The rules are established based on an agreement that the owners of ODR have made with the Competition Authority, to which ODR has become a party.
Fuel resellers shall have access to ODR services, including rental of storage space.
A reseller wishing to rent storage space from ODR shall send the company a request for each type of fuel for each storage facility they intend to use in the next operating year by October 1st each year. An operating year refers to the calendar year, January 1st to December 31st.
A reseller shall have priority to the space they rented the previous year at the respective storage facility. Efforts are made to accommodate requests for changes in the distribution across types, but if that is not possible, the previous year's type distribution remains. Resellers may have to accept a reduction if it is objective and necessary to ensure priority for new resellers who have requested access to storage space.
New clients shall have priority, over all other ODR clients, to 5% of the space in each type, unless there are objective reasons for otherwise, in which case the priority of others is proportionally reduced. New clients who can enjoy this priority are fuel resellers in the Icelandic market.
If the proportion of a new party in throughput during the period July 1st to June 30th each year in the respective type exceeds their proportion in the current priority space, their right to priority space in the allocation for the next year increases to that proportion of the total space, considering a reduction due to the 5% right of other new parties who have not reached a 5% share in throughput. If a party does not fully utilize this right, it lapses for that time, but if the new party's proportion in throughput during the next period July 1st to June 30th in the respective type exceeds their proportion in the current priority space, their right to priority space in the allocation for the next year increases to that proportion of the total space, considering a reduction due to the 5% right of other new parties. If a party utilizes this right, they maintain their right if their share increases. The right of a party remains for 5 years after they started trading in the respective type and is then based on the utilization they have earned through use.
If insufficient space in the respective type is leased to deliver satisfactory utilization, the utilization of the space will be reviewed, its pricing or those resellers who have requested a share in the space given the opportunity to add space to achieve satisfactory utilization.
Resellers shall be notified by the end of September each year how much space they have priority to in the next operating year.
Priority space is the space that a particular client is guaranteed in the storage tank of the respective fuel type. A client can use more space if it is available for a fee. If a client does not use all their priority space, based on notified transfers to the respective storage facility, that space is available to other clients without reducing the payments of the one leasing the priority space.
ODR's service shall be provided on an equal basis so that dispatch speed, terms, and service level are the same.
All ODR services shall be available to anyone, including distribution and stockholding.
ODR is not permitted to discriminate against clients unless there are objectively justifiable reasons.
ODR is not permitted to share information it may have about its clients with shareholders or other clients of the company. No information about inquiries from prospective clients shall be shared with third parties, including ODR shareholders.
ODR is allowed to set as a condition for business that prospective clients have satisfactory licenses and necessary insurances. ODR is also allowed to assess the creditworthiness of prospective clients and set payment terms accordingly.
The charge for the use of storage space depends on ODR's price list, which reflects the cost of operating the respective storage space, including depreciation, plus a reasonable return on the total investment tied up in the operation of each storage tank. It is permissible to price operational risk with a surcharge for use that the client has not previously committed to, offer volume discounts and other discounts, and discounts and surcharges shall then be based on commercial premises such as increased efficiency in handling large quantities at once.
ODR shall strive to ensure that sufficient storage space is available to serve all of the company's clients, provided further investments are cost-effective.
ODR shall offer clients to lease a certain amount of storage space for a longer period if requested. Care shall be taken that this does not reduce ODR's ability to serve clients who are already in business with the company.
ODR has the authority to change these rules. In addition, security requirements, changes in laws, directives, or decisions by authorities may necessitate changes to the rules.
Changes shall be notified to resellers in a verifiable manner, e.g., by email, with at least 30 days' notice.
These rules take effect immediately. These rules and amendments to them are published on ODR's website, www.odr.is.
Issue date July 26, 2024.