MARKET REGULATIONS, 2007

L.N. 278 of 2007

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

ENEMALTA ACT

(CAP. 272)

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL

MARKET REGULATIONS, 2007

IN exercise of the powers conferred by sub-article (1) of article 28

of the Malta Resources Authority Act and in exercise of the powers

conferred, by article 39 of the Enemalta Act, the Minister for Resources

and Infrastructure and the Minister for Investment, Industry and

Information Technology, after consultation with the Malta Resources

Authority have made the following regulations

(1) The title of these regulations is the Petroleum for the Citation,

entry into force.

Inland (Wholesale) Fuel Market Regulations, 2007.

(2) The scope of these regulations is to regulate the inland

wholesale fuel market of petroleum.

(3) These regulations shall come into force on the 2nd of

October 2007.

Regulation 8(2)

Authorisation application fee payable in respect of an application for an

Authorisation to carry out the activity of an importer and, or wholesaler of

petroleum

The applicable fee for applying for an authorisation for carrying out the activity

of an importer and, or wholesaler of petroleum in the inland market is of Lm100.

Authorisation to operate a primary storage facility

The applicable fee for applying for an authorisation for operating a primary storage

facility is of Lm100.

(1) Unless stated otherwise in these regulations, the Interpretation.

definitions in the Malta Resources Authority Act shall apply.

(2)

In these regulations, unless the context otherwise

requires

“the Act” means the Malta Resources Authority Act;

“approved” means the acceptance in writing by the Authority;

“assessment inspection” means an inspection carried out by

a competent person to check that an authorised facility is operated

and maintained according to any authorisation conditions and

guidelines as the Authority may from time to time issue;

“authorisation” means any authorisation granted under these

regulations;

“authorised facility” means a facility in respect of which an

authorisation has been issued and includes all buildings, tanks,

pipework, pumps, dispensers, electrical equipment, drainage,

ancillary equipment and any other asset within that part of the

facility relevant to the importation, wholesale, storage and bottling

of petroleum;

“authorised provider” means a provider issued with an

authorisation by the Authority under the Act and these regulations;

“the Authority” means the Malta Resources Authority

Provided that whenever the Authority is required to exercise

its functions under these regulations in relation to offshore storage

facilities, the Authority shall act in collaboration with the authority

responsible for maritime matters;

“biofuels” means liquid or gaseous fuel produced from

biomass. The term “biofuels” shall include biodiesels,

biodimethylethers, bioethanols, biogases, biohydrogens,

biomethanols, bio-ETBEs, bio-MTBEs, pure vegetable oils and

synthetic biofuels;

“biomass” means the biodegradable fraction of products,

waste and residues from agriculture (including vegetal and animal

substances), forestry and related industries and also the

biodegradable fraction of industrial and municipal waste;

“bottling” means the putting of LPG into portable cylinders;

“boycott” means a concerted practice between persons

consisting in unilateral or collective action to cut off supplies or

purchases to or from a particular customer or retailer, or the

application of conditions to that customer or retailer which make

continued dealings impractical;

“competent person” means a person approved by the Authority

who holds a warrant to practice the profession of an engineer under

the Engineering Profession Act, or an equivalent professional

qualification as provided under the Mutual Recognition of

Qualifications Act, and who has suitable training, sufficient

knowledge, experience and skill as approved by the Authority to

(a)

carry out assessment inspections of an authorised

facility;

(b)

carry out material alterations on an authorised

facility;

(c) certify in writing that an authorised facility is being

operated as prescribed in any authorisation conditions and,

or guidelines; and

(d) carry out other work of a technical nature that is

complimentary or ancillary to the above;

“final customer” means any natural or legal person purchasing

petroleum for his own use and not resale or transfer purposes;

“importer” means a person who in terms of an authorisation

issued by the Authority is responsible for the entry into Malta of

petroleum transported from any other country;

“inspector” means any employee or officer of the Authority

or any other person duly appointed and authorised in writing by

the Authority in accordance with the provisions of the Act to inspect

and check compliance with these regulations and any authorisation

condition;

“LPG” means liquefied petroleum gas;

“material alterations” means any alteration which, within the

limits of the applicability of the authorisation, may in the opinion

of the Authority reasonably affect the safe operation of an

authorised facility and includes change, removal, repair,

replacement or cessation of use of any equipment, whether

electrical or mechanical, which would affect the safe operation of

the authorised facility;

“the Minister” means the Minister responsible for resources;

“person” includes an individual, an undertaking, a body or

other association of persons, whether such body or association is a

juridical person or not;

“petroleum” has the same meaning as under the Act

Provided that “petroleum” may be differently defined in any

authorisation issued by the Authority as the case may be;

“portable cylinders” or “cylinders” means transportable

containers suitable for use with LPG and which conform to the

Transportable Pressure Equipment Regulations, 2002;

“primary storage facility” means an authorised facility

approved by the Authority to store petroleum products, whether

onshore or offshore, which falls within the scope of the Control of

Major Accident Hazard Regulations, 2003 and, or any storage

facility used for wholesale purposes, or any other storage facility

designated to this end by the Authority;

“transfer” includes any trade or sale whether by retail or by

wholesale, or donation;

“undertaking” shall have the same meaning as provided for

in the Competition Act;

“wholesaler” means any person who in terms of an

authorisation issued by the Authority acquires, possesses, blends

or handles petroleum for the purposes of re-sale in bulk to retailers

and excluding final customers.

Regulation 11(2)

Authorisation fee payable in respect of a

Authorisation to carry out the activity of an importer and, or wholesaler of

petroleum

The applicable authorisation fee for carrying out the activity of an importer and,

or wholesaler of petroleum in the inland market is of Lm1,000 per annum and of 0.75

mils per litre of imported fuel.

Authorisation to operate a primary storage facility

The applicable authorisation fee for operating a primary storage facility is

(a) Lm2,000 per annum in the case of a primary storage facility which does not

exceed 25,000 tonnes capacity;

(b) Lm4,000 per annum in the case of a primary storage facility which exceeds

25,000 tonnes but does not exceed 100,000 tonnes capacity;

(c) Lm6,000 per annum in the case of a primary storage facility which exceeds

100,000 tonnes capacity.

(1) No person shall, unless he has been granted a valid

authorisation in accordance with these or other regulations, carry out

any of the following operations and, or activities

(a) the acquisition, importation, transfer, possession,

keeping, blending, bottling, wholesaling or the lending or giving

to a person of any petroleum products, and

(b) the carrying out of the activity of an importer and, or

wholesaler of petroleum or the operating of a primary storage

facility or the bottling of LPG.

(2) The provisions of subregulation (1) shall not apply to

any of the following activities or operations

(a) the bona fide possession and keeping by any one person

of a quantity of less than 300 litres of petroleum for private use

Provided that in the case of quantities of motor spirit and

aviation fuel (aviation spirit and jet-fuel of the gasoline type)

exceeding 60 litres, he shall notify the Authority of his intention to

store the aforesaid types of petroleum, which shall be stored in

accordance with approved guidelines or codes of practice;

(b) the bona fide possession and keeping by any one person

of a quantity of less than 150 kg of LPG or five interconnected

portable cylinders, whichever is the lower;

(c) the bona fide possession and keeping by any one person

of petroleum in the holding tank of a vehicle exclusively for the

purposes of propelling such vehicle; and

(d) the bona fide importation and keeping by any one person

of a quantity of less than 25 litres of petroleum for the exclusive

use of testing in a laboratory

Provided that the importation of a greater amount for testing

purposes may be authorised by the Authority.

Regulation 30(1)

The gas oils falling within CN Codes 2710.19.41.00, 2710.19.45.00 shall be

marked with the following dyes

(a) CI Solvent Yellow 174 in case of gas oil falling within CN Code

2710.19.45.00. The dye shall be added in not less than such a quantity that gives a

colour intensity when measured in a spectrophotometer at 430 ± 10nm, corresponding

to 5 mg of CI Solvent Yellow 174 as defined in the Colour Index per litre of mineral

oil; and

(b) CI Solvent Blue 79 in case of gas oil falling within CN Code 2710.19.41.00.

The dye shall be added in not less than such a quantity that gives a colour intensity,

when measured in the spectrophotometer at 650 ± 10 nm, corresponding to 5 mg of CI

Solvent Blue 79, as defined in the Colour Index, per litre of mineral oil; and

(c) Unleaded petrol falling within CN Codes 2710.11.41.00, 2710.11.45 and

2710.11.49.00 shall be marked with any green dye.

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(1) The Authority may, in terms of these regulations, Authorisations

granted by the

grant an authorisation and, or authorisations for the

Authority.

(a) carrying out of the activity of an importer and, or

wholesaler of petroleum;

(b) operation of a primary storage facility;

(c)

bottling of LPG

Provided that such provider in whose favour an

authorisation is granted, shall satisfy any such conditions as may

be specified in the authorisation, these regulations and any other

applicable laws.

(2) Notwithstanding the generality of the foregoing the

Authority may grant such other types of authorisations as may be

necessary.

(1) Any person, who prior to the entry into force of these Transitory

Regulations, was engaged in any activity or operation relating to provisions

respect of existing

petroleum and is in possession of a valid licence to do so under the operators.

Petroleum Storage Regulations, 1955 may continue to perform such G.N. 337 of 1955.

activities as authorised under existing licence conditions for the earlier

of a calendar year from the entry into force of these regulations or the

grant of a new authorisation

Provided that any such person shall apply for a new applicable

authorisation as listed in regulation 4(1), to the Authority within two

months from the day of the sending of a notice by the Authority to

apply for such an authorisation

Provided further that any such person shall comply with such

authorisation conditions as established in the new authorisation that

shall be issued by the Authority with effect from such date that the

Authority shall establish.

(2) Any person who, upon the entry into force of these

regulations is operating the business of an importer and wholesaler of

petroleum and, or, bottler of LPG and, or operator of a primary storage

facility

(a) may continue to perform the business of an importer and,

or wholesaler of petroleum and, or bottler of LPG and, or operator

of a primary storage facility

Provided that such person applies for an authorisation under

these regulations within one month from the coming into force of

these regulations; and

(b) shall comply with such authorisation conditions as

established in the new authorisation that may be issued by the

Authority with effect from the date that the Authority may establish.

(3) In the period between the date when these regulations

or parts thereof come into force and the date when the new authorisations

come into effect, the authorised provider shall follow all directions and

conditions that the Authority may set

Provided that when such conditions are inconsistent with the

authorisation then in force, the new conditions shall prevail.

(4) Any subsisting agreements between existing operators

shall be declared null and void, in so far as they are inconsistent with

the provisions of these regulations.

(5) The Authority may require existing operators to upgrade

their authorised facility and activities up to approved standards and codes

of practice, according to a mutually-agreed time-table concluded with

each authorised provider

Provided that if there exists an imminent or severe safety

hazard, the authorised provider shall of his own motion remove such

hazard, and thereafter notify the Authority of such removal

Provided further that the Authority may in its discretion

prescribe special transitory authorisation conditions after taking due

regard of the existing situation.

(6) A person who possesses a warrant to practice the

profession of an engineer, and who has sufficient knowledge, experience

and skill as approved by the Authority may act as a competent person,

for the purposes and in terms of these regulations, for a transitory period

of a year subsequent to the entry into force of these regulations.

(7) Any fees applicable to the new authorisation shall apply

pro rata temporis from the date of issue till the 31 st December, 2007.

(1) Authorisations shall be issued by the Authority in respect General conditions

of authorisations.

of the execution of the operations, activities and practices referred to in

these regulations and shall include the terms and conditions for the

execution of such operations, activities and practices.

(2) An authorisation issued by the Authority shall be in

writing and, unless cancelled, suspended or revoked in accordance with

any condition contained in it or in accordance with these regulations,

shall continue in force for such period as may be specified in, or

determined by or under the authorisation.

(3) Nothing in these regulations shall prohibit the Authority

from issuing a single authorisation incorporating more than one

authorisation.

(4) Authorisations, unless revoked, shall be valid for a period

of years equal to

(a) six years in the case of an authorisation to carry out the

activity of an importer and, or wholesaler of petroleum;

(b) thirty years in the case of an authorisation to operate a

primary storage facility;

(c)

thirty years in the case of an authorisation for the bottling of

LPG.

(5) An authorisation issued by the Authority under these

regulations shall not exempt the authorised provider from the

requirement of obtaining any other authorisation or permit as may be

required under any other law.

(1) In the case of an authorisation to operate a primary storage Special cases.

facility, each authorised facility will be separately authorised. Each separate

authorisation shall clearly be referable to the location and address where

the authorised facility is situated and issued in the name of any owner of

the authorised facility. The authorised provider shall be responsible for the

authorisation and for the observance of the authorisation conditions.

(2) In the case of the authorisation for the bottling of LPG,

the authorisation shall authorise the authorised provider to store LPG

in bulk, bottle, wholesale and retail LPG contained in portable cylinders.

(3) The grant of an authorisation in accordance with these

regulations shall not be construed as authorising the authorised provider

to conduct any activity or operation, however so described, in relation

to biofuels

Provided that the Authority may expressly authorise an

authorised provider to undertake any activity or operation in relation to

biofuels as it may in writing establish. In doing so the Authority may

impose any such conditions it may consider appropriate in the

circumstances.

(1) Any person who wishes to

(a) carry out the activity of an importer and, or wholesaler

of petroleum; or

(b) operate a primary storage facility; or

(c) bottle LPG,

shall submit an application in writing to the Authority in such

form and manner as the Authority may prescribe.

(2) A non-refundable application fee as established in the

First Schedule to these regulations shall be paid to the Authority with

the authorisation application.

(1) The Authority shall establish its procedure for the

purposes of determining an application for

(a) an authorisation to carry out the activity of an importer

and, or wholesaler of petroleum;

(b) an authorisation to operate a primary storage facility;

(c) an authorisation for the bottling of LPG.

(2) The Authority shall communicate to the applicant in

writing within a reasonable time, which reasonable time shall not be of

more than three months from the date of receipt of a valid application,

any decision taken concerning an application for an authorisation or an

application for the renewal of an authorisation or any valid reason

impeding the Authority to reach such a decision.

(1) Upon expiry, an authorisation may be renewed, and an Renewal,

modification etc. of

application for renewal of the authorisation in such form and manner as an authorisation.

the Authority may require shall be submitted in writing to the Authority,

six months prior to the date on which the authorisation expires.

(2) The Authority may modify, amend, replace, add or delete

any authorisation condition in the renewed authorisation and add specific

conditions relevant to each individual authorisation as the Authority

considers to be reasonably justified in the circumstances.

(1) The first authorisation fee shall be paid by the authorised Payment of

provider within thirty days upon granting of the authorisation, and authorisation fees.

thereafter every year on the anniversary of the grant of such authorisation

or any other date as the Authority may reasonably establish.

(2) The amount of the authorisation fee shall be according

to the Second Schedule to these regulations and shall be paid to the

Authority together with an application for an authorisation.

(3) If any authorisation fee payable under subregulation (2)

is not paid within thirty days, the Authority shall after the lapse of such

time, communicate with the authorised provider whose authorisation

fee has not so been paid informing him about his failure to pay such

fee.

(4) The Authority shall be deemed to have complied with

sub-regulation (3) if such communication is sent by registered post, to

the usual or last known address of the authorised provider whose

authorisation fee has not so been paid.

(1) If any authorisation fee is not paid within thirty days Requirement to

reapply in case of

after the date upon which the aforesaid communication has been sent failure to pay an

by registered post, the authorisation to which it relates shall cease to be authorisation.

in force, and if the authorised provider to whom it was granted wishes

again to carry out the activity of an importer and, or wholesaler of

petroleum, to operate a primary storage facility or to bottle LPG, he

shall then be required to apply for a new authorisation.

(2) In considering any such application, the Authority may

take into consideration the previous failure of the applicant to pay the

authorisation fee and of any explanation regarding that failure which

the applicant may submit to the Authority.

(1) The Authority shall adopt fair, objective and transparent Conditions

to the granting and

conditions relating to the granting of an authorisation in terms of the renewal of

authorisations

principles of natural justice.

(2) In taking a decision in respect of the grant, issue,

amendment or renewal or any other matter pertaining to an authorisation

issued under these regulations, the Authority may take account of the

following

(a) compliance by the applicant with all other relevant

permits and authorisations, however so described, issued by any

other public authority;

(b) the capability of the applicant to ensure safety conditions,

in the context of the authorisation being applied for;

(c) private and professional integrity of the applicant;

(d) protection of the health and safety of employees;

(e) protection of the environment;

(f) record of compliance with these regulations and any other

relevant laws by the person with regard to whom the decision shall

be made;

(g) suitability of the facility with regard to safety, health,

security, hazardous substances, environment, land use and planning

requirements;

(h) the need for facilities and services to be provided for

consumers at the facility concerned and the extent to which the

interests of consumers shall be served;

(i) the possibility of a monopolistic or an oligopolistic

condition in the inland wholesale petroleum market, detrimental

to the public interest being created or aggravated, and the extent to

which fair and reasonable competition in the retail of petroleum

could be affected;

(j) any other matter relevant to the orderly provision, of

petroleum in Malta; and

(k) the public interest in general.

The Authority has the right to refuse a request for an

authorisation or, if an authorisation has been issued, a request for the

renewal of an authorisation, on the grounds that

(a) the Authority considers that the request does not meet

one or more of criteria referred to in regulation 13; or

(b) the application does not contain all such information

requested by the Authority in the application form or any other

additional information that the Authority may request from the

applicant for the purpose of determining the application for the

authorisation; or

(c) the application is not accompanied by such application

fee as specified in accordance with these regulations.

(1) The Authority shall have the power to include in an Powers to impose

authorisation issued under these regulations any such conditions as the conditions

authorisation.

Authority considers requisite or suitable.

(2) Each of the individual authorisations described in

regulation 4(1) shall have a minimum set of general conditions

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(3) The authorised provider shall at all times comply with

these regulations and with the conditions of his authorisation.

(4) The conditions included in the authorisation may contain,

but not necessarily be limited to, provisions regarding

(a) the grant and term of the authorisation;

(b) suspension, variation and transfer conditions of the

authorisation;

(c) compliance requirements to conditions, directions,

management letters, standards, guidelines, codes of practice or rules

given by the Authority or as may be established at law;

(d) the obligations of the authorised provider, including but

not limited to consumer service obligations, and holding of

minimum security stocks of petroleum;

(e) support to the long term energy plan of the country;

(f) the promotion of the efficient operation of the petroleum

market and protection of consumers in terms of the lowest possible

prices combined with the highest quality of the products;

(g) monitoring and recording of the authorised operations;

(h) reporting, auditing and submission of information to the

Authority;

(i) inspection, making of copies and taking of extracts from

books and records held by the authorised provider and carrying

out of measurements and tests in relation to any facility, assets or

plant provided these are carried out by an approved inspector;

(j) assessment and auditing of operations, activities and

practices and their compliance to authorisation conditions;

(k) regulation of subsidiary companies and, or companies

executing part of the regulated operations, activities and practices

Provided that the Minister may give directions of a policy nature

to the Authority in relation to any of the above.

(5) Any person granted an authorisation under these

regulations shall

(a) comply with any direction given by the Authority as to

such matters as are specified in the authorisation or are of a

description so specified;

(b) execute the regulated operations, activities and practices

in accordance with such authorisation conditions;

(c) act in accordance with any requirements as are specified

in the authorisation or are of a description so specified; and

(d) comply with the decisions or directions issued by the

Authority for the purposes of complying with any international

obligation of Malta.

(1) Inspectors shall be authorised to enter and inspect any

authorised facility in which petroleum is imported, stored, blended,

bottled, dispensed, wholesaled, or is under transport and inspect all tanks,

pipework, pumps, dispensers, electrical equipment, drainage, ancillary

equipment and other equipment or assets directly or indirectly connected

with the carrying out of the authorisation conditions in order to ascertain

if they are in accordance with the conditions as prescribed in the

authorisation.

(2) Every inspector of the Authority so authorised shall

at all reasonable times be allowed unrestricted access to the authorised

facility, for the purpose of ascertaining whether the conditions attached

to the authorisation are being duly observed. The authorised provider

shall give all reasonable assistance which such inspector may require

for that purpose.

(1) Authorised providers shall keep records of all transactions Keeping of accounts

and petroleum

in respect of each authorisation they hold and other information about all transactions.

petroleum transactions permitted under the authorisations being in force

and to keep originals of all audited accounts at their principal place of

business for the purpose of auditing by the Authority. The Authority may

make copies or take extracts of such records

Provided that the Authority shall treat as confidential any

information obtained from the authorised provider which the authorised

provider communicates to the Authority as being commercially sensitive

and which the Authority accepts to be so, and in doing so the Authority

shall not divulge any such information unless required to do so by law

or by a court order.

(2) The Authority shall have the right to publish information

regarding activities and statistics related to petroleum

Provided that the aforesaid publication shall not refer to any specific

authorised provider and shall be in accordance with data protection laws.

(1) No person can burn, combust or offer for sale or lend or Quality and the

testing of

transfer petroleum products other than those permitted by law.

petroleum.

(2) Inspectors shall be authorised to enter and inspect any

authorised facility and, or any vehicle in which petroleum is being

imported, stored, blended, bottled, dispensed, wholesaled or is under

transport and to take samples for testing of any petroleum found therein.

(3) The Authority may issue guidelines

(a) relating to the taking of samples of petroleum for testing;

(b) determining the cases, for which payment shall be made,

for value of samples taken, and the mode of payment thereof; and

(c) relating to the procedure of inspectors exercising powers

under this regulation.

(1) Without prejudice to any other provisions of these

regulations or any other law, all new authorisation facilities have to be

designed and constructed according to standards prescribed by the

Authority and, or any other authority competent at law.

(2)

Once the design and construction have been

carried out, a competent person must submit in writing a certification

that all standards and safety requirements imposed on the authorised

facility have been abided to.

(1) The authorised provider shall not undertake or permit to

Material alterations.

be undertaken any material alterations to the authorised facility, unless

the written consent of the Authority has been obtained.

(2) The approved consent to the material alterations by the

Authority under these regulations shall not exempt the authorised

provider from the requirement of obtaining any other written approval

or permit required under any other law.

(3) No person other than a competent person, or a person

(a) approved in writing by the Authority; and

(b) supervised by a competent person,

shall carry out any material alteration on an authorised facility.

(4) In conducting the material alterations, the competent

person shall follow any guidelines that the Authority may from time to

time issue.

(5) Once the material alterations have been carried out, the

competent person commissioned by the authorised provider to perform

the material alterations must submit in writing a certification that all

safety requirements imposed on the authorised facility have been

complied with.

(6) The Authority may, subsequent to the material alterations

referred to in subregulation (5) send an inspector to perform an

assessment inspection of the authorised facility.

The Authority may, at any time in the course of the period

for which the authorisation is valid, order its suspension, revocation or

cancellation where the Authority is satisfied that

(a) the authorised provider has failed or is failing to abide

by any conditions of the authorisation or to abide by these

regulations; or

(b) the authorised provider does not possess all other relevant

permits and authorisations that are issued by any other public

authority; or

(c) the authorised provider is contravening any requirement

imposed by law; or

(d) the authorised provider fails to comply with any directive

given by the Authority as to such matters as are specified in the

authorisation or are of a description so specified; or

(e) any information submitted in the application for an

authorisation or the application for renewal of an authorisation

and for which the authorisation has been issued or renewed, as the

case may be, is determined to be false; or

(f) the authorised provider does not meet the criteria in

respect of one or more of the criteria referred to in regulation 13

Provided that in exercising its powers of suspension,

revocation or cancellation of authorisations, the Authority may

take into account the nature of the failure, or the fact that the

authorised provider is taking the appropriate steps which the

Authority considers are necessary in order to comply with

the conditions of the authorisation or any other requirement

that the Authority may deem relevant.

(1) Subject to the following provisions in this regulation, Modification of

the Authority may at any time in the course of the period for which the authorisations.

authorisation is valid, modify, amend, replace, add or delete the

conditions of the authorisation as it considers requisite or suitable.

(2) Before making any amendments, replacements,

additions or deletions to the authorisation, the Authority shall

(a) in accordance with the provisions of subregulation (3)

communicate such amendments, replacements, additions or

deletions to the authorisation it proposes to make;

(b) state the reasons why such amendments, replacements,

additions or deletions are being proposed;

(c) specify the period (not being less than one month from

the date of publication of the notice) within which representations

or objections have to be made in respect of the proposals being

made

Provided that the Authority in doing so shall consider any

representations made.

(3) The notice referred to in sub-regulation (2) shall be

(a) brought to the attention of the Minister and the

authorisation holders;

(b) brought to the public’s attention by the publication of a

notice in the Gazette.

(1) When an authorised provider decides either to suspend

or terminate his authorisation to carry out the activity of an importer

and, or wholesaler of petroleum or to operate a primary storage facility

or to bottle LPG, the authorised provider shall promptly notify the

Authority in the form prescribed by the Authority.

(2) Upon notification of any such suspension or termination

the authorised provider is obliged to notify the Authority and to continue

to operate for a minimum period of

(a) twelve months in the case of the authorisation to carry

out the activity of an importer and, or wholesaler of petroleum;

(b) twelve months in the case of the authorisation to operate

a primary storage facility;

(c) eighteen months in case of the authorisation for the

bottling of LPG.

(3) Upon termination of the period described in

subregulation (2), the authorisation to carry out the activity of an importer

and, or wholesaler of petroleum, the authorisation to operate a primary

storage facility and the authorisation for the bottling of LPG shall be

considered to have ceased and with immediate effect from such a date

the importer and, or wholesaler’s business, the primary storage facility

and the bottling of LPG business shall be deemed to be unauthorised.

(4) Notwithstanding any notification for cessation listed in

subregulations (1) and (2), the authorised provider shall remain liable

for the payment of any authorisation fees due prior to such notification.

(1) An authorisation issued by the Authority under these Transfer

authorisation.

regulations shall not be validly transferred inter vivos to any other natural

or legal person unless

(a) the transferor informs in writing the Authority in such

form and manner as the Authority shall prescribe;

(b) the Authority is satisfied that at least the same criteria as

listed in regulation 13 are complied with;

(c) the transfer is subject to the conditions prescribed in the

authorisation; and

(d) the Authority approves in writing the transfer of the

authorisation

Provided that the leasing of the authorised facility shall require

the issue of a new authorisation in the name of the person leasing

the authorised facility.

(2) An authorisation issued by the Authority under these

regulations shall not be validly transmitted causa mortis to any other

natural or legal person unless

(a) the transferee informs in writing the Authority in such

form and manner as the Authority shall prescribe;

(b) the Authority is satisfied that at least the same criteria as

listed in regulation 13 are abided by;

(c) the transfer is subject to the conditions prescribed in the

authorisation; and

(d) the Authority approves in writing the transfer of the

authorisation

Provided that the authorisations issued in terms of these

regulations shall be an indivisible right

Provided further that in the event that the Authority approves

the transfer of the authorisation as aforesaid, the transfer shall have

retrospective effect from the date of the death of the decujus.

The Authority may, in the general interest, impose as an Public service

obligations.

authorisation condition on any authorised provider granted an

authorisation to provide a public service obligation under these

regulations, to supply any service, in any specified form, to any final

customer or specific groups of final customers, at specified prices, or to

impose conditions with respect to the provision of such services

Provided that any additional costs incurred as a result of these

obligations may be identified by the authorised provider and approved

by the Authority and that these costs may be recovered as specified by

the Authority.

All authorisations issued in terms of these regulations are to

be accompanied by an insurance policy taken by the authorised provider

to the satisfaction of the Authority.

The authorised provider shall co-operate in any scheme

promoted by a competent authority, designed to ensure that the maximum

fire-fighting efficiency for the sector, at a national co-operative level is

achieved.

The holder of an authorisation to carry out the activity of an

importer and, or wholesaler of petroleum cannot discriminate between

operators solely on the basis of any particular method or technology of

distribution of petroleum to the public, if the aforementioned method

or technology is of a good and safe service to the public.

In the event of a crisis in the supply of petroleum, the

Authority, in performance of its mandate to secure all reasonable

demands for the provision of such resource, may take possession of, or

compulsorily acquire such petroleum stocks as it may deem fit or order

the possessor to dispose of them as directed

Provided that possessors of such petroleum stocks shall be

compensated in the ordinary course of events.

Dyeing and marking

(1) The Authority may require any petroleum product to be

marked with a dye and, or marker and, or an additive added as it may so

products and adding

specify in terms of these regulations and, or as required under any other

law.

(2) The Authority may require any authorised provider to

install and operate at his own expense, any equipment which the

Authority may require to be installed for the proper dosing of any dye

and, or marker and, or additive.

The Resources Appeals Board established by Part IX of the

Act shall have jurisdiction to hear and determine appeals from decisions

of the Authority made under these regulations.

(1) The Authority shall keep a register or registers of Register of

authorisations.

authorisations which shall include records of

(a) all authorisations granted under these regulations, and

(b) all applications for an authorisation received and refused.

(2) The register or registers of authorisations shall be kept

under review and up to date.

The Authority may require any authorised provider to Substitution

obligation.

include, in any petroleum product which is wholesaled in the inland

fuel market, an amount of biofuel content

Provided that such an amount shall not exceed that specified in

any applicable standard or Directive.

Offences and

(1) Any person who

penalties.

(a) wilfully or through negligence acts in breach of any

provision of these regulations;

(b) wilfully or through negligence breaches any condition

listed in the authorisations regulated by these regulations;

(c) is a party to a boycott;

(d) carries out any activity requiring an authorisation without

being in possession of a valid authorisation;

(e) fails to comply with any lawful order by an inspector,

employee or officer of the Authority in execution of their duties in

terms of these regulations;

(f) hinders, obstructs, molests or interferes or attempts to

hinder, obstruct, molest or interfere with any inspector, any

employee or officer of the Authority in the execution of his duties

in terms of these regulations;

(g) makes a declaration for any of the purposes of these

regulations which is false, misleading or incorrect in any material

respect,

shall be guilty of an offence against these regulations and

shall, on conviction, be liable to imprisonment for not more than

eighteen months, or to a fine (multa) of not more than thirty

thousand liri, or to six hundred Maltese liri for each day during

which the offence persists, or to both such fine and imprisonment.

(2) The liability of an offender under subregulation (1) shall

be without prejudice to the liability of the offender to pay to the Authority

any cost incurred in removing the cause of the offence and to undo

anything which was done without an authorisation under these

regulations.

(3) The Court, besides awarding the punishment referred to

in this regulation, may order the convicted offenders to close their activity

and, or to undo anything which was done without an authorisation.

(4) In the prosecution of offences against these regulations

officials of the Authority shall have the right to assist the police, and to

plead the case before the Court.

(5) Officers from the Authority may assist the Police in the

exercise of any of their powers to prevent the commission of an offence

against these regulations and, or to secure evidence concerning any

such offence.

(6) The provisions of these regulations shall not affect any

criminal proceedings and, or any other proceedings that may be instituted

under any other law.

The Authority may impose an administrative fine upon any

person who infringes any provision of these regulations or who fails to

comply with any directive or decision given by the Authority in ensuring

compliance with these regulations.

Repeals of G.N. 337

The Petroleum Storage Regulations, 1955 and the Enemalta

of 1955 and L.N. 12

Exclusivity (Exemption) Regulations, 1978 are hereby being repealed.