China: 中国企业首次承担国家石油储备义务

2016年5月31日,国家能源局发布了《国家石油储备条例(征求意见稿)》向社会公开征求意见。十年磨一剑,该条例草稿的起草历经十年,首次明确要求企业有义务存储10%的原油或成品油库存量以备国家突发事件等之用。公开意见的征集已于2016年6月中旬截止。

背景

中国历来的国家石油储备主要是在政府层面进行,能源局等国家机关组织国家石油储备(主要是原油)的收储和管理。政府委托大型的石油企业(例如中石油、中石化、中海油和中化)来承担石油储备基地的建设、运行和管理,由中央财政统一拨款支持。

潜在变革

根据该条例草稿,从事原油加工、成品油批发和原油进出口的企业应承担企业义务储备。尽管企业义务储备的原油或成品油的所有权仍归企业所有,但政府有权在特定情况下动用企业储备,例如严重影响石油供应的突发事件、宏观调控的需要等。

企业义务储备量

条例草稿规定,原则上,企业的义务储备量为企业专用油库和炼厂内的油罐内归本企业所有的石油库存量,按10%的比例扣除罐底等不可动用库存后的可动用库存量。国家能源局可以允许企业根据市场供需状况,适量调整企业的义务储备量。在企业因不可抗力(例如:自然灾害)而无法达到义务储备量的要求时,条例草稿规定,企业应及时向国家能源局报告,国家能源局根据企业所遭受的不可抗力情况,对企业义务储备量予以调整。调整的方式可能包括推迟企业恢复储备量的时间或一定时期内减少义务储备的数量。

承储企业应定期向国家能源局报告企业义务储备库存量及其计算依据。但紧急情况下,国家能源局有权要求企业随时报送该相关信息。

合规时间

一旦该条例草稿生效,新设立的承储企业应当达到规定的企业义务储备规模,既有的从事原油加工、成品油批发和原油进出口的企业拥有三年的时间来满足义务储备量的要求。

优先动用企业义务储备

值得一提的是,该条例草稿规定,满足动用条件时,政府将优先动用企业的义务储备。若承储企业收到国家能源局发布的动用指令,该企业应无条件执行。企业义务储备动用后,承储企业应在规定期限内恢复储备。

评论

条例草稿中的某些细节还有待充盈。比如,根据目前的草稿,在中国从事上述相关业务的外资企业是否也有义务储备石油?原油进出口、炼油企业等承储企业所拥有的石油总量是动态的,那么10%的储备量具体何时、如何计量或计算?承储企业是否、如何将其义务储备量与其日常的库存量分开存放和管理?承储企业向国家能源局报送义务储备信息的频率、信息详细程度如何?国家动用企业义务储备量时如何补偿企业?我们将继续关注该条例草稿的进一步发展,期待这些疑团得到进一步解答。

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