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Chapter Law Content

Title: Petroleum Administration Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 6 Petroleum Fund
Article 34
In order to finance the Petroleum Fund, the central competent authority will set and charge fees of fixed rates from the following activities:
1.The exploration or import of oil with the exception of oil imported under the provisions stipulated in the first paragraph of Article 12 and Items 2-4 of Article 13.
2.Petroleum by-products produced by petrochemical feedstock manufacturers and sold to oil refinery operators in conjunction with the second paragraph of Article 12. The preceding provision does not apply to the feedstock for any petrochemical products originally purchased from oil refinery operators or importers.
The rates mentioned in the preceding paragraphs will be charged by volume and based on the average import price of oil. The central competent authority will announce the amounts collected for the fund.
Article 35
The Petroleum Fund will be financed with fees collected through the following methods:
1. Require oil importers to pay fees into the Petroleum Fund before importing oil.
2. Require oil explorers to pay fees into the Petroleum Fund before refining or selling the oil to oil refinery operators.
3. Require petrochemical feedstock manufacturers that produce petroleum by-products to pay fees into the Petroleum Fund before selling their products to oil refinery operators.
Oil refinery operators or importers who have paid fees into the Petroleum Fund as required under Item 1 of the preceding paragraph may apply to the central competent authority for a refund of those fees that apply to the same quantity of the oil originally imported if (1) the imported oil is used for the manufacture of petrochemical feedstock, (2) the imported oil is later exported, or (3) the imported oil is used as fuel for international shipping or international flights. Relevant documents of proof must be included with the application.
Five years after the implementation of this law, the central competent authority will review the practice of refunds for the exported oil described in the preceding paragraph and decide whether or not to continue it.
Article 36
The Petroleum Fund will be used for the following purposes:
1.To maintain the government petroleum security stockpile.
2.To subsidize the set up of petroleum facilities in remote, aboriginal and offshore areas as well as transportation outlays, and offer price subsidies.
3.To establish award of encouraging the exploration for and development of oil and natural gas reserves with feedback mechanism.
4.To implement research and development, application and promotion on energy policy, oil development technology, and alternative energies.
5.To make the security and reasonable effective use of oil & gas(include LPG) as well as to develop and promote the oil-saving technology and method.
6.Subsidy of rewarding the heat use of renewable energy to replace the petroleum energy.
7.Operation subsidy of a municipality, a county, or a city competent authority to implement the oil management and the ban, inspection or auditing that stated in the first paragraph of Article 54 in this Law.
8.To implement other necessary measures deemed necessary by the central competent authority to stabilize the oil supply and maintain the oil market order.
The central competent authority reserves the right to adopt or maintain subsidies, subsidy targets, and subsidy scope and any measures relating to the preceding subparagraph 2.
Article 37
(deleted)
Article 38
A business engaging in the production, import, blending, sales of alcohol gasoline, bio-diesel, or renewable oil products must apply for prior approval of the central competent authority for operating the business.
Other than petroleum products used for blending, rules related to the security stockpile and Petroleum Fund do not apply to renewable energy sold by businesses operated according to the provision specified in the preceding paragraph.
As the first paragraph mentioned, the central competent authority will stipulate measures for the administration of businesses engaging in the production of the renewable energies of alcohol gasoline, bio-diesel, or renewable oil products.
Article 38-1
The central competent authority can determine the fixed blending ratio of alcohol or ester to the gasoline and diesel in accordance with the actual implementing schedule, scope and method for the oil refinery and oil importer.
The aforesaid blending ratio of alcohol or ester to the gasoline and diesel, the actual implementing schedule, scope and method shall be promulgated by the central competent authority.