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Title: Measure Governing Oil in Emergency Management CH
Amended Date: 2009-11-02
Category: Ministry of Economic Affairs(經濟部)
Article 1
The Measure is instituted under the provisions stipulated in Paragraph 2 of Article 21, Petroleum Administration Law (hereafter referred to as "the Law").
Article 2
"Emergency" prescribed in the Measure refers to the period where deficient oil resources and the acutely fluctuating oil price have an influence on domestic oil supply or national security, determined by the central competent authority and enforcement of oil control, quotas, price limits and adjustment, appropriation and operational measures of oil stockpile (hereafter referred to as "the oil management measure") are announced by the central competent authority.
"Deficient oil resources" prescribed in the Measure refers to either of the following statements:
1.The declined oil export incurred from international politics, economics, warfare, strikes, industrial security, natural disasters or other factors results in an expectation that a fall of over 10%, compared to the previous month, in domestic oil import of the coming month.
2.Suspended or declined production of domestic oil refineries due to strikes, industrial safety, natural disasters or other factors results an expectation that a fall of over 10%, compared to the previous month, in domestic oil import of the coming month.
3.The operation of the oil import port disables because of domestic or overseas factors.
4.Other distinctive situations.
"Acutely fluctuating oil price" in the Measure refers to either of the following statement:
1.International oil price rises by 50% because of politics, economics, warfare, strikes, industrial security, natural disasters or other factors.
2.Other distinctive situations.
Article 3
The central competent authority shall specify the enforcement period and the measure contents and report them to Executive Yuan, before implementing the oil management measure according to Paragraph 1, Article 21 of the Law. The oil management measure will be announced and come into force upon approval by Executive Yuan; the central competent authority shall lift the measure and report it to Executive Yuan for reference once the reason is eliminated.
The central competent authority may delegate subordinate authorities or commission or commission another administrative authority with no relationship of administrative subordination to exercise 、Article 10、13、17~20 and the second paragraph of Article 13.
Article 4
Before enforcing the Measure Governing Oil in Emergency Management, the central competent authority shall establish the Council Oil in Emergency Management where the chief of the central competent authority (i.e. the Minister of MOEA) assumes the director concurrently. The following persons may be invited (or designated) to hold the concurrent posts of the members of the council (composed of 14 - 16 members):
1.Vice-Minister of the Ministry of the Interior
2.Vice-Minister of the Ministry of National Defense
3.Vice-Minister of the Ministry of Finance
4.Vice-Minister of the Ministry of Justice
5.Vice-Minister of the Ministry of Economic Affairs
6.Vice-Minister of the Ministry of Transportation and Communications
7.Vice-Minister of the Council for Economic Planning and Development, Executive Yuan
8.Vice-Minister of the Council of Agriculture, Executive Yuan
9.Vice Chairperson of the Fair Trade Commission, Executive Yuan
10.Secretary General of the Consumer Protection Commission, Executive Yuan
11.Two or three oil refinery representatives
12.Two or three scholars, professionals
Article 5
The missions of the Council Oil in Emergency Management are shown as follows:
1.Propose the enforcement period of the Measure Governing Oil in Emergency Management.
2.Propose the Measure Governing Oil in Emergency Management.
3.Propose the division of the work, regarding the preceding measure, of the agencies concerned.
Article 6
The session of the Council Oil in Emergency Management is called by the director; the director may designate one of the members of the Council to call the session in case the director can not be present in person.
Article 7
The central competent authority may implement the following oil control measures in an emergency:
1.Impose restrictions or prohibitions on export oil of the oil exporters.
2.Demand that oil refineries should adjust refined oil types and quantity.
3.Demand that oil importer should adjust imported oil types and quantity.
4.Prohibit oil businesses from stocking up oil.
5.Other control measures.
Article 8
The central competent authority may demand oil refineries, importers, exporters and the petrochemistry industry which manufactures oil by-product should report the schemes concerning the oil refinery, import, export or sales in the specific period; such schemes, where necessary, may be changed in accordance with the order given by the central competent authority.
The business in the preceding paragraph shall be engaged in the oil refinery, import, export or sales subject to the schemes reported, or subject to the changed schemes ordered by the central competent authority.
Article 9
The central competent authority may order the oil business, except the gasoline or LPG station, to submit the information on the sales of energy to specific users, in an emergency, which shall be the basis of the oil quotas criteria during the enforcement period.
The specific users prescribed in the preceding paragraph include military sectors, shipping forwarders, airliner cargos, airline cargo operators, railway carriers, the electric generation business and other users specified by the central competent authority.
Article 10
In an emergency, the central competent authority may order the oil business to report the information concerned like oil costs and sales prices, etc. which oil businesses shall not reject.
Article 11
In an emergency, the central competent authority may specify the upper limit of the oil price for the following oil businesses.
1.The oil wholesale price, the retail price of the oil refinery and importer
2.The oil retail price of the gasoline station, the LPG station and the gasoline station for fishing boat.
3.The LPG wholesale price, the retail price of the LPG dealer and the distributor.
Article 12
In an emergency, the central competent authority may implement adjustment, appropriation and operational measures with respect to the following oil stockpile:
1.Adjust the stockpile of the oil refinery and importer.
2.Specify that the oil refinery or importer should release the supply of the oil stockpile for specific users.
Article 13
In an emergency, the central competent authority may release the government oil stockpile.
The oil released from the government oil stockpile as prescribed in the preceding paragraph may be sold by an open tender or sold in the market by authorized oil businesses with the price specified by the central competent authority.
Article 14
In an emergency, the central competent authority may implement the following quotas with respect to the gasoline (LPG) station proprietors:
1.Impose restrictions on the sales quantity of the gasoline (LPG) daily.
2.Impose restrictions on operation hours of the sales of the gasoline (LPG).
3.Schedule the date of the purchase of fuel and every gasoline (LPG) filling volume for motor vehicle users.
4.Other controls.
In an emergency, the central competent authority, where necessary, may demand that the gasoline (LPG) station should refill in motor vehicles with fuel according to the following priority order of distribution:
1.Ambulances, fire engines, military vehicles, police vehicles, rescue vehicles for engineering, special vehicles exclusive for public use and civil vehicles requisitioned by the government
2.Vehicles, motorcycles for official business of the government institutions and foreign embassies and organizations in Taiwan
3.Buses for passenger transport on the road and in urban districts
4.Trucks for business use
5.Minibuses for business use
6.Motorcycles
7.Vehicles for private use
8.Tourist buses and others
Article 15
In an emergency, the central competent authority may specify and announce the quotas criteria for the sales of LPG for customers, vessels, aircrafts and ordinary users when implementing the oil quotas.
Article 16
In an emergency, the central competent authority may demand that LPG dealers should implement the quotas of LPG for their former customers according to the oil quotas criteria announced by the central competent authority; the central competent authority, where necessary, may demand the aforementioned dealers should implement the quotas for barreled-LPG customers by bartering for used barrel with barreled-LPG.
In an emergency, the central competent authority, where necessary, may demand that LPG dealers should implement the quotas of LPG according to the following priority order of distribution:
1.Household users
2.LPG stations
3.Business users
4.Industry users
Article 17
In an emergency, the central competent authority may demand that oil businesses should implement the following quotas of the oil for vessels:
1.With respect to the oil for the passenger or cargo vessel of domestic, overseas shipping lines, the proprietor or the deputy of the vessel shall fill in the application form for the oil for the passenger or cargo vessel, pursuant to the horsepower, tonnage and mission of the vessel, and submit the photocopy of nationality certificate of the vessel or the boat certificate to the local competent authority for navigation and aviation, and then, proceed the procurement after the application is approved subject to the oil quotas criteria announced by the central competent authority and the practical oil volume required, The oil for the passenger or cargo vessel of overseas shipping lines may be supplied with the oil volume required to the next destination (port) abroad, where necessary.
2.The oil for marine engineering vessels and vessels for official business shall conform to the provision prescribed in the preceding paragraph.
3.With respect to the oil for the power of fishery, local competent authorities for fishery administration may implement the oil quotas subject to the oil quotas criteria announced by the central competent authority.
4.The oil for other vessels shall conform to the provision for ordinary oil use prescribed in Paragraph 3 of Article 20 herein.
Article 18
In an emergency, the central competent authority may demand that oil businesses should implement the following distribution:
1.With respect to the crafts of domestic, overseas air lines, the proprietor or the deputy of the aircraft shall fill in the application form for the oil for the aircraft and submit the photocopy of Seaworthiness Certificate of the aircraft to the Civil Aeronautics Administration of MOTC, and then, proceed the procurement after the application is approved subject to the oil quotas criteria announced by the central competent authority and the practical oil volume required,
2.The oil for the aircrafts for official business shall conform to the provisions prescribed in the preceding paragraph.
3.The oil for the aircraft of international air lines may be supplied with the oil volume required to the next destination (airport) abroad, where necessary.
Article 19
The quotas for foreign vessels, aircrafts of international shipping and air lines, subject to the provisions prescribed in preceding two articles, shall be supplied exclusively for such vessels and aircrafts whose country implements equal treatment for the vessels, aircrafts of ROC nationality in an emergency according to its laws and regulations.
Article 20
In an emergency, the central competent authority may demand that oil businesses should implement the following quotas of the petroleum products that are not used for vehicles, motorcycles, vessels or aircrafts:
1.With respect to the oil for the electric generation business and the cogeneration, the users shall fill in the application form for the oil for electric generation and report it to the central competent authority for the quotas approved.
2.The oil quotas for agricultural machines shall be implemented after approved by local competent authorities for agriculture administration subject to the oil quotas criteria announced by the central competent authority.
3.Ordinary oil use: railway or other users shall fill in the application form for ordinary oil use, where the purpose and the volume required should be specified, and submit relevant certificates to the authority concerned, and then, proceed the procurement after the application is approved subject to the oil quotas criteria announced by the central competent authority.
Article 21
The central competent authority and the personnel concerned shall not disclose the information supplied, reported according to the provisions of Article 8 - Article 10.
Article 22
The Measure will come into force upon promulgation.
Web site:Laws & Regulations Database of The Republic of China