Bunkering (Authorisation) Regulations, 2010
Table of Provisions (28)
Statutory Text (28 Articles)
L.N. 270 of 2010
MALTA RESOURCES AUTHORITY ACT
(CAP. 423)
Bunkering (Authorisation) Regulations, 2010
IN exercise of the powers conferred by sub-article (1) of
article 28 of the Malta Resources Authority Act, the Minister for
Resources and Rural Affairs, after consultation with the Malta
Resources Authority, has made the following regulations:–
(1) The title of these regulations is the Bunkering
(Authorisation) Regulations, 2010.
(2) The scope of these regulations is to regulate the
bunkering operations and activities, and to safeguard the public
interest and public safety. Any requirement contained therein,
including those relating to authorisations and to services, are made
for overriding reasons relating to the public interest.
Regulation 7(2)
Authorisation application fee payable in respect of an application for an
Authorisation for the operation of a marine fuel retail station through
dispensers operated in the proximate vicinity of the shoreline and operating
exclusively for ships.
The applicable fee for applying for an authorisation is of €500.
Authorisation for the loading, discharging and transferring of fuels between
a bunker barge or a marine terminal or a marine facility or any two or more
of the preceding, to a receiving ship where those fuels are for fuelling the same
ship or its machinery.
The applicable fee for applying for an authorisation is of €500.
Authorisation for the loading, discharging and transferring of fuels between a
road tanker and a receiving ship.
The applicable fee for applying for an authorisation is of €500.
B
(1) Unless stated otherwise in these regulations,
the definitions in the Malta Resources Authority Act and in the
Bunkering Fuels Tax 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;
“authorisation” means any authorisation granted under
these regulations, and in relation to services and service
providers means a permit, licence, warrant, appointment,
concession or any decision concerning access to a service
activity or the exercise thereof;
“authorised provider” means a provider issued with
an authorisation by the Authority under the Act and these
regulations, or a service provider who is authorised to operate
under any law in force in a Member State of the European
Union or a state which is a participant to the European
Economic Area
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;
“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;
“bunkering” shall have the same meaning as provided
for in the Bunkering (Fuels) Tax Act, and shall include the Cap. 381.
importation, wholesale and retail sale of fuels offshore;
“bunkering operations and activities” shall have the
same meaning as “bunkering”;
“establishment” means the actual pursuit of an economic
activity by a service provider for an indefinite period and
through stable infrastructure from where the business of
providing services is actually carried out;
“marine fuel retail station” means a retail fuel station
which operates through dispensers operated in the proximate
vicinity of the shoreline and operating exclusively for ships;
“Member State” means a member state of the European
Union;
“the Minister” means the Minister responsible for
resources;
“overriding reasons relating to public interest” means
reasons recognised as such in case law of the European
Courts of Justice and which reasons present a justification for
the issue of an authorisation and, or the issue of a condition
thereto and, or to any other policy decision taken in terms of
such authorisation, when such authorisation, and, or condition
and, or policy decision thereto could not have been issued
or taken under normal circumstances but for such overriding
reasons relating to public interest, which reasons include any
of the following grounds
(a) public policy, public health and public safety,
provided that these reasons shall be interpreted in
accordance with Article 46 and Article 55 of the Treaty;
(b) consumer protection, and, or protection of
recipients of service; and
(c)
protection of the environment.
“person” means and includes an individual, an
undertaking, a body or other association of persons, whether
such body or association is a juridical person or not;
“petroleum” shall have the same meaning as under the
Petroleum (Production) Act
Provided that “petroleum” may be interpreted differently
in any authorisation issued by the Authority as the case may
be;
“recipient” means any physical person who is a national
of a Member State, who benefits from rights conferred upon
him by community acts or any legal person established in
a Member State, who for professional or non-professional
purposes, uses, or wishes to use a service against non-
economic considerations;
“service” means any self-employed activity performed
for economic considerations;
“service provider” means any physical person who is a
national of a Member State, or any legal person established in
a Member State, who offers or provide a service;
“transfer” means and includes, any transfer of
authorisation to carry out bunkering operations and activities
which is effected between a person known as the transferor
and another, known as the transferee, and which transfer of
authorisation shall be issued and granted by the Authority in
terms of these regulations and other procedural requirements
for authorisation which the Authority may from time to time
require
Provided that such transfer of authorisation shall only
be effected upon the fulfillment of all requirements included
in the application for the transfer of an authorisation and if
the Authority is satisfied that all legal requirements together
with the necessary documentation have been submitted to the
Authority by both parties and, or by third parties, if the case
may be, in terms of these regulations and other procedural
requirements;
“transferee” means and includes any person in favour
of whom a transfer of authorisation to carry out bunkering
operations and activities has been issued by the Authority in
terms of these regulations;
“transferor” means and includes any person whose
authorisation for the carrying out of bunkering operations and
activities is transferred in favour of the transferee, upon the
granting and issuing of an authorisation by the Authority for
such transfer to be carried out;
“the Treaty” means the treaty establishing the European
Community;
“undertaking” shall have the same meaning as provided
for in the Competition Act.
Regulation 10(2)
1. For the operation of a marine fuel retail station through dispensers
operated in the proximate vicinity of the shoreline and operating exclusively for
ships there shall be paid an authorisation fee of €500 and €50 per nozzle per
annum and of 0.20 euro per tonne of fuel released for marine bunker purposes.
2. For the loading, discharging and transferring of fuels between a bunker
barge or a marine terminal or a marine facility or any two or more of the preceding,
to a receiving ship where those fuels are for fuelling the same ship or its machinery
there shall be payable an authorisation fee of €2,329 per annum and of 0.20 euro
per tonne of fuel released for marine bunker purposes.
3. For the loading, discharging and transferring of fuels between a road
tanker and a receiving ship there shall be payable an authorisation fee of €500 and
of €50 per tanker per annum and of 0.20 euro per tonne of fuel released for marine
bunker purposes.
€1.86
The following bunkering operations and activities shall
require an authorisation
(a) the operation of a marine fuel retail station through
dispensers operated in the proximate vicinity of the shoreline
and operating exclusively for ships;
(b) the loading, discharging and transferring of fuels
between a bunker barge or a marine terminal or a marine
facility or any two or more of the preceding, and a receiving
ship where those fuels are for fuelling the same ship or its
machinery; and
(c) the loading, discharging and transferring of fuels
between a road tanker and a receiving ship.
(1) The Authority may, in terms of these regulations,
issue an authorisation and, or authorisations for the following
bunkering operations and activities
(a) the operation of a marine fuel retail station through
dispensers operated in the proximate vicinity of the shoreline
and operating exclusively for ships;
(b) the loading, discharging and transferring of fuels
between a bunker barge or a marine terminal or a marine
facility or any two or more of the preceding, to a receiving
ship where those fuels are for fuelling the same ship or its
machinery; and
(c) the loading, discharging and transferring of fuels
between a road tanker and a receiving ship
Provided that such authorised 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 issue such other types of authorisations as may
be necessary.
(1) Any person, who prior to the entry into force
of these regulations, was engaged in any activity or operation
relating to petroleum and is in possession of a valid licence to
do so under the Bunkering Fuels Tax Act or under the Malta
Resources Authority Act, may continue to perform such activities
as authorised under existing licence conditions for one 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) of these
regulations to the Authority within two months from the day
of the serving of a notice by the Authority to apply for such an
authorisation
(2) 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.
(3) Any fees applicable to the new authorisation
shall apply pro rata temporis from the date of issue till the 31st of
December 2010.
(1) Authorisations shall be issued by the Authority in
respect 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
Provided that, the conditions for the granting of
an authorisation for a new establishment shall not duplicate
requirements and controls which are equivalent or essentially
comparable as regards their purpose to which the service provider
is already subject in another Member State or in Malta.
(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) ten years in the case of an authorisation for the
operation of a marine fuel retail station through dispensers
operated in the proximate vicinity of the shoreline and
operating exclusively for ships;
(b) ten years in the case of an authorisation for the
loading, discharging and transferring of fuels between a
bunker barge or a marine terminal or a marine facility or any
two or more of the preceding, to a receiving ship where those
fuels are for fuelling the same ship or its machinery;
(c) ten years in the case of an authorisation for the
loading, discharging and transferring of fuels between a road
tanker and a receiving ship.
(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) Any person who wishes to carry out the following
bunkering operations and activities
(a) the operation of a marine fuel retail station through
dispensers operated in the proximate vicinity of the shoreline
and operating exclusively for ships;
(b) the loading, discharging and transferring of fuels
between a bunker barge or a marine terminal or a marine
facility or any two or more of the preceding, to a receiving
ship where those fuels are for fuelling the same ship or its
machinery; and
(c) the loading, discharging and transferring of fuels
between a road tanker and a receiving ship,
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 the following bunkering
operations and activities
(a) an authorisation for the operation of a marine fuel
retail station through dispensers operated in the proximate
vicinity of the shoreline and operating exclusively for ships;
(b) an authorisation for the loading, discharging
and transferring of fuels between a bunker barge or a
marine terminal or a marine facility or any two or more of
the preceding, to a receiving ship where those fuels are for
fuelling the same ship or its machinery;
(c) an authorisation for the loading, discharging and
transferring of fuels between a road tanker and a receiving
ship.
(2) The Authority shall communicate to the applicant
in writing within a reasonable time, which reasonable time shall
not be of more than two 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 application for renewal of the authorisation in such form
and manner as the Authority may require shall be submitted in
writing to the Authority, three months prior to the date on which
the authorisation expires.
(2) The Authority may modify, amend, replace, or
delete any authorisation condition in the renewed authorisation
relevant to each individual authorisation as the Authority considers
to be reasonably justified in the circumstances
Provided that the Authority shall not add new
authorisation conditions in the renewed authorisation to those
which are already contained therein unless the adding of new
specific authorisation conditions are owed to overriding reasons
relating to public interest.
(1) The first authorisation fee shall be paid by the
authorised provider within fifteen days upon granting of the
authorisation, and 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,
where applicable, shall be paid to the Authority together with an
application for an authorisation.
(3) If any authorisation fee to be payable under sub-
regulation (2) of this regulation is not paid within fifteen 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) of this regulation 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 fifteen
days after the date upon which the aforesaid communication
has been sent by registered post, the authorisation to which it
relates shall cease to be in force, and if the authorised provider
to whom the authorisation was granted wishes again to carry out
the operation of a marine fuel retail station through dispensers
operated in the proximate vicinity of the shoreline and operating
exclusively for ships, the loading, discharging and transferring
of fuels between a bunker barge or a marine terminal or a marine
facility or any two or more of the preceding, to a receiving ship
where those fuels are for fuelling the same ship or its machinery,
and the loading, discharging and transferring of fuels between a
road tanker and a receiving ship, 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 relating to the granting of an authorisation
in terms of the 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) the private and professional integrity of the
applicant;
(d) protection of the environment;
(e) record of compliance with these regulations and
any other relevant laws by the person with regard to whom
the decision shall be made;
(f) the facility convenience with regard to security,
health, safety, hazardous substances, environment, land use
and planning requirements;
(g) the need for facilities and services which shall
be provided for consumers in the facility in question and
to the extent of which the interests of consumers may be
safeguarded;
(h) the possibility of a monopolistic or an oligopolistic
condition in the bunkering 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; and
(i) compliance by the applicant with the requirements
contained in the Authorisations (Suspension, Refusal and
Revocation) Regulations, 2008.
The Authority shall have 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 12; 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
Provided that, any decision taken by the Authority,
including refusal or withdrawal of an authorisation, shall
be fully reasoned and shall be open to challenge before the
Appeals Board
Provided further that in case of failure by the Authority
to inform the applicant regarding any decision taken
concerning access to a service activity or the exercise thereof,
including refusal or withdrawal of an authorisation, shall
not mean in any manner whatsoever, that the Authority has
tacitly granted such authorisation and that the applicant has
automatically been granted access to a service activity or the
exercise thereof.
(1) The Authority shall have the power to include in
an authorisation issued under these regulations any such conditions
as the 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 authorised provider shall inform the
Authority of any changes relating to his activity which result in
the conditions for his authorisation no longer being met and the
creation of subsidiaries whose activities fall within the scope of the
authorisation and, or the authorisation scheme.
(5) 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) monitoring and recording of the authorised
operations;
(e) reporting, auditing and submission of information
to the Authority;
(f) 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;
(g) assessment and auditing of operations, activities
and practices and their compliance to authorisation
conditions;
(h) 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.
(6) 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) Authorised providers shall keep records of all
transactions in respect of each authorisation they hold and other
information about all 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
such 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.
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
12 of these regulations
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, the Authority may at any time in the course of the
period for which the authorisation is valid, modify, amend, replace,
or delete the conditions of the authorisation as it considers requisite
or suitable
Provided that the Authority shall not add new
authorisation conditions in the renewed authorisation to those
which are already contained therein unless the adding of new
specific authorisation conditions are owed to overriding reasons
relating to public interest.
(2) Before making any amendments, replacements, or
deletions to the authorisation, the Authority shall
(a) in accordance with the provisions of sub-regulation
(3) hereof communicate such amendments, replacements, or
deletions to the authorisation it proposes to make;
(b) state the reasons why such amendments,
replacements, or deletions are being proposed;
(c) specify the period (not being less than fifteen
days 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) hereof
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) An authorisation issued by the Authority under
these regulations shall not be validly transferred inter vivos to any
other physical 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 of these regulations 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 physical 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 of these regulations 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.
Authorisations issued in terms of these regulations may Requirement of
be required to be accompanied by an insurance policy taken by the insurance.
authorised provider to the satisfaction of the Authority.
In the event of a crisis in the supply of petroleum, the Security of supply.
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.
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
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, for the purpose of the legal nature Requirement of a bank
and effect of these regulations, require the applicant to produce, guarantee.
within a reasonable time which shall not be prior to the acceptance
of his application by the Authority, a bank guarantee in favour of
the Authority, provided that, such guarantee shall be submitted to
the Authority concurrently with the issuing and granting of the
authorisation to the applicant, in terms of these regulations.
(1) Any person who
(a) willfully or through negligence acts in breach of
any provision of these regulations;
(b) willfully or through negligence breaches any
condition listed in the authorisations regulated by these
regulations;
(c) carries out any activity requiring an authorisation
without being in possession of a valid authorisation;
(d) 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;
(e) hinders, obstructs, molests, 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; or
(f) 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 a fine of not more than a fine (multa) of not
more than sixty-nine thousand euro (€69,000), or of one thousand
and three hundred euro (€1,300) for each day during which the
offence persists.
(2) The liability of an offender under sub-regulation
(1) hereof 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) During 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 or to secure evidence concerning
any such offence.
(6) The provisions of these regulations shall not affect
any criminal proceedings or any other proceedings that may be
instituted under any other law.
Saving the provisions of regulation 24 (1) (f) of these
regulations, the Authority may impose an administrative fine
not exceeding one hundred thousand euro (€100,000) for each
contravention and, or six hundred euro (€600) for each day of non-
compliance, from the date of the decision given by the Authority
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.
B