1. Article 1 General
These Rules apply to the access of resellers to the services of Olíudreifing ehf., hereinafter referred to as ODR. The Rules are established on the basis of a mediation that was made between the owners of ODR and the Competition Authority and which ODR has become party to.
2. Article 2. Access to the services of ODR
Fuel resellers shall have access to the services of ODR, including the lease of supply storage space.
If a reseller wishes to lease storage space from ODR, they shall send a request to the Company for each type of fuel and for each depot they intend to use in the next business year before 1 September each year, although for the first time this shall be before 15 October 2019 for the calendar year of 2020. The business year is the calendar year, 1 January to 31 December.
The reseller shall have priority access to the space which they leased the previous year at the relevant depot. It is endeavoured to grant requests regarding changes in distribution by types, but if this is not possible the type distribution of the previous year shall be retained. Resellers may have to accept restrictions if this is appropriate and necessary in order to ensure the priority of new resellers that have requested access to storage space.
3. Article 3 New customers
New customers shall have access to 5% of space for each type, unless there are appropriate reasons for other arrangements, and in such case the priority of other parties shall be restricted proportionally to the relevant extent. New customers who are entitled to this priority shall be fuel resellers on the Icelandic market.
If insufficient space is leased for the relevant type to constitute efficient utilisation, the utilisation of the space will be reconsidered, as will the pricing thereof, or the resellers who have requested to share the space will be given an opportunity to take on additional space in order to reach a level of efficient utilisation.
Resellers shall be informed by the end of September each year about how much space they have priority to in the next business year.
Priority space is the space which the relevant customer is ensured access to in a supply tank for the relevant fuel type. A customer may use more space if available, for a fee. If a customer does not utilise all his/her priority space, based on the indicated transportation into the relevant depot, that space will be made available to other customers without any reduction in the payments which the lessee of the priority space shall pay.
4. Article 4 Service level
ODR's service shall be provided on equivalent terms so that the rate of delivery, conditions and service level are the same.
All ODR's services shall be available for everybody, and this includes distribution and stockholding.
ODR may not discriminate against its customers unless there are verifiable and appropriate reasons for doing so.
ODR may not share information which the Company may possess regarding its customers with shareholders or other customers of the Company. No information regarding inquiries from prospective customers shall be shared with third parties, including the shareholders of ODR.
5. Article 5 Conditions for the provision of services
ODR has the authority to impose as a condition for transactions to take place that prospective customers provide valid permits and required insurance. ODR shall also have the authority to assess the liquidity of prospective customers, and to impose due dates for payment that are consistent with their liquidity.
6. Article 6 List of tariffs
The fee for the use of a supply storage space is in accordance with ODR's list of tariffs, which reflects the cost involved with operating the relevant supply storage space, including depreciation, plus reasonable returns on the gross investment that is intrinsic to the operation of each supply tank. It is permitted to give bulk discounts and other forms of discounts, and discounts granted shall be based on commercial grounds and the increased efficiency that is achieved by delivering large volumes in single trips.
7. Article 7 Supply storage space
ODR shall strive to ensure that there is sufficient storage space available in order to service all the Company's customers, provided that further investments are feasible.
ODR shall offer customers to lease a specific volume of storage space, for extended periods of time if requested. Care shall be taken to ensure that this does not impair ODR's capacity to service those customers who are already doing business with the Company.
8. Article 8. Amendments and revision
ODR has the authority to amend these Rules. In addition, safety requirements, amendments to laws, government instructions or decisions may result in the necessity to make amendments to the Rules.
Resellers shall be notified of amendments in a verifiable manner, such as by e-mail, with at least 30 days' notice. .
9. Article 9 Entry into force
These Rules shall take effect immediately. These Rules and amendments thereto are published on the ODR website, www.odr.is.