National oil reserves in our country has developed more than ten years, related legislation finally had the substantive progress. On May 31st, the national energy bureau issued a "national oil reserves ordinance (draft)" (hereinafter referred to as the "draft"), the national oil reserve without special regulations in history, or will end.
Perfect laws and regulations is the national petroleum reserve system guarantee on the implementation of project can be smoothly. Some western countries are able to have huge strategic petroleum reserve, because of the corresponding laws and regulations as guarantee. The United States, for example, in 1975 promulgated the energy policy and reserve act, formally approved construction strategic oil reserve system in the United States, Germany, the oil and oil products reserve act of Japan have the oil reserve act. And our country's national oil reserve is comparatively slow, one of the main reason is lack of special laws and regulations. The "draft" clearer, comprehensively and systematically defines national oil reserve regulatory system, constitute the system and operation mechanism, etc., to ensure that national oil reserve project completed as soon as possible, base running smoothly, collection and storage, and use the smooth implementation. However, the author thinks that, the national petroleum reserve or the improvement of the "draft" also need to deal with the balance of the following aspects.
One is the balance of the government and the market. National oil reserve is one of the important function of through the stable domestic oil market to let all stakeholders to avoid losses. National oil reserve with public goods attribute, and basic not spontaneous market forces to provide this kind of public goods, bought from the government to provide for granted. However, the government way to provide public goods and the form is diversiform, should fully arouse the enthusiasm of the market. Can encourage some companies, for example, through a reasonable way in the national oil reserve bases before purchasing and purchase in advance to reserve the priority right to extract, or encouraging companies to send their excess reserves exist in national oil reserve bases for government unified dispatching. This will ease the government purchases, as well as management petroleum reserve fund pressure. Again, for example, can encourage enterprises, consumers and industry association provides information and advice to the government or by a hearing, release (as a "balloon" decision-making widely solicited social opinion.
The second is the balance of the effectiveness and efficiency. The subject status of the laws and regulations should be clear government reserves, the enterprise obligations reserves as a useful supplement government reserves, and affirms its use program is different from government reserves. It helps to ensure that national oil reserve has enough scale, the ability to quickly complete the purchase and storage, to ensure that national oil reserve to ensure oil supply security, maintenance, the effect of the national energy security and social stability. But at the same time, the national petroleum reserve can't efficiency at no cost, do not speak. Should establish a decision-making consultation institutions, to strengthen the tracking and research of the international oil market, make full use of market mechanisms, such as bidding, auction) for purchasing and storage, do "cast high low suck," as far as possible to reduce the purchase cost and improve the store returns; Should try to avoid dual leadership, the establishment of clear responsibilities, hierarchy and the reserve of centralized and unified management system, improve the efficiency of management. Should establish the national oil reserve project performance appraisal system, establish a comprehensive balance effectiveness and efficiency of the performance evaluation system.
3 it is the balance of efficiency and fairness. The efficiency of the national oil reserve also reflect in the less reserve release to achieve the effect of smooth market volatility. Depend entirely on the market mechanism to release, although looks fair, but not necessarily effective, can give a strong financial strength are part of the market main body to speculation. In this case, you need more oil reserves in order to achieve the desired effect. Therefore, should be to safeguard the people's livelihood, maintaining social stability, meet the demand for the principle, set up reserve release priority object and quota directory, reduce speculative space. But at the same time, are identified as priority object of market main body, also should undertake the obligation to the corresponding reserves, heavy oil reserves but also shall establish enterprise obligation. Only in this way, they can better reflect national oil reserves of the fair.
Four is the balance of obligations and rights. National oil reserve can not only emphasizes the market main body should assume the corresponding obligations, still need to take care of obligatory subject should enjoy the rights. In essence, the cost of the national oil reserve ultimately depend on the market main body, therefore, should meet the needs of market main body basic right to know and to supervise. Obligation of reserves, especially crude oil, oil refining and oil products wholesale enterprise, in the aspect of construction and management obligation reserves need considerable amount of cost, and can not become a reserve release priority object, so should be a percentage of the subsidies.
Five is confidential and the balance of the public. National oil reserve is necessary for the purpose of safeguarding state security set up strict secrecy system. But secrecy shall be specially and sufficient argumentation, and should establish information public directory, do all the public can open.
At present, the international crude oil prices low cycle, at the right moment to national oil reserve base offers a chance for low price for purchasing. However, the legislation work if he doesn't go smoothly, is also likely to lead to miss this opportunity. Therefore, the government led by, embodies social consensus, grasping the legislation, is top priority to the development of national petroleum reserve.