I. – The company formed between the professionals for the conservation of the stock of petroleum products provided for in articles L. 642-2, L. 642-4 and L. 651-1 of the Energy Code and whose articles of association are approved by decree, is exempt from corporation tax.
The company is required to distribute profits for the financial year each year. However, the ministers may authorise the reinvestment of profits.
The company may only sell its stocks at a price greater than or equal to the weighted average acquisition cost. This disposal may only take place in the following two cases:
a) On injunction from the Minister in charge of hydrocarbons, taken by virtue of the regulatory provisions in force;
b) At the request of the professional committee set up pursuant to articles L. 642-5 and L. 642-6 of the Energy Code.
At constant quantities, movements in the stock, product by product, intended to maintain its physical quality, are made value for value.
The payments made by the members to the company are deductible from their taxable income up to the amount of the company’s management and financial expenses and a sum of €61,000,000 representing the first repayment expenses of the loan taken out by the company to build up its initial stock.
The shares in this company may only be sold with the authorisation of the ministers. In this case, the sums which have been deducted in respect of the repayment of the loan are added back to the shareholder’s taxable income.
II. – With effect from 1 January 1993, the tax regime defined in I is subject to the société anonyme de gestion des stocks de sécurité performing the services mentioned in article L. 642-6 of the Energy Code to the exclusion of any other.