Petroleum for the Inland (Retail) Fuel Market Regulations,

L.N. 53 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Petroleum for the Inland (Retail) Fuel Market Regulations,

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 Petroleum for

the Inland (Retail) Fuel Market Regulations, 2010.

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

inland retail fuel market of petroleum.

These regulations shall come into force on the 29th

January, 2010, with the exception of regulation 19 which shall

come into force on such date as the Minister may establish by

notice in the Gazette.

These regulations are being made for the safeguarding

of the public interest and public safety. Any requirements contained

therein, including those relating to authorisations and to services,

are made for overriding reasons relating to public interest.

Regulation 2

Comment as Listed in

Product

CN CODE

CN CODE

For purposes other than as

Benzol (benzene)

2707 10 90

a power or heating fuel

For purposes other than as

Toluol (toluene)

2707 20 90

a power or heating fuel

For purposes other than as

Xylol (xylenes)

2707 30 90

a power or heating fuel

Other aromatic

hydrocarbon mixtures

of which 65 % or more

For purposes other than as

by volume (including

2707 50 90

a power or heating fuel

losses) distils at 250ºC

by the ASTM D 86

method

Phenols

2707 60 00

Creosote oils

2707 91 00

Sulphuretted toppings

2707 99 30

Basic products

2707 99 50

Anthracene

2707 99 70

Light oils and

For undergoing a specific

2710 11 11

preparations

process

For undergoing chemical

transformation by a

Light oils and

2710 11 15

process other than those

preparations

specified in respect of

subheading 2710 11 15

White Spirit

2710 11 21

For undergoing a specific

Medium oils

2710 19 11

process

For undergoing a specific

Gas oils

2710 19 31

process

For undergoing chemical

transformation by a

Gas oils

2710 19 35

process other than those

specified in respect of

subheading 2710 19 31

Lubricating oils; other

For undergoing a specific

oils

2710 19 71

process

For undergoing chemical

Lubricating oils; other

transformation by a

2710 19 75

oils

process other than those

specified in respect of

subheading 2710 19 71

Liquids for hydraulic

2710 19 81

purposes

Motor oils, compressor

lube oils, turbine lube

2710 19 83

oils

White oils, liquid

2710 19 85

paraffin

Gear oils and redactor

2710 19 87

oils

Metalworking

compounds, mould–

2710 19 91

release oils, anti–

corrosion oils

Electrical insulating

2710 19 93

oils

Other lubricating oils

2710 19 99

and other oils

For purposes other than as

Propane

2711 12 11

a power or heating fuel

For undergoing a specific

Butanes

2711 13 10

process

For undergoing chemical

Butanes

2711 13 30

transformation by a

process other than those

specified in respect of

subheading 2710 13 10

Ethylene, propylene,

buthylene and

2711 14 00

butadiene

Petroleum jelly; Crude

2712 10 10

Petroleum jelly; Other

2712 10 90

Synthetic paraffin wax of a

Paraffin wax

molecular weight of 460 or

containing by weight

2712 20 10

more but not exceeding 1

less than 0,75 % of oil

Paraffin wax

containing by weight

2712 20 90

Other

less than 0,75 % of oil

Bitumen and asphalt,

natural; bituminous or

Bituminous or oil–shale

oil–shale and tar sands;

2714 10 00

and tar sands

asphaltites and

asphaltic rocks

Bitumen and asphalt,

natural; bituminous or

oil–shale and tar sands;

2714 90 00

Other

asphaltites and

asphaltic rocks

Bituminous mixtures

based on natural

asphalt, on natural

bitumen, on petroleum

bitumen, on mineral tar

2715 00 00

or on mineral tar pitch

(for example,

bituminous mastics,

cut–backs)

(1) Unless otherwise stated in these regulations, the

definitions in the 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 such authorisation

conditions and guidelines as the Authority may from time to

time issue;

“authorisation” means any authorisation granted under

these regulations, and in relation to services and service

providers it means a permit, licence, warrant, appointment,

concession or any decision concerning access to a service

activity or the exercise thereof;

“authorised facility” means a facility in respect of which

an authorisation has been issued under these regulations

and includes secondary storage facilities of petroleum and

petroleum filling stations and all buildings, tanks, pipework,

pumps, dispensers, electrical and electronic equipment,

drainage, ancillary equipment, forecourt area and any other

asset within that part of the facility relevant to the delivery,

storage, dispensing and retail of petroleum;

“authorised person” means the holder of an authorisation

issued by the Authority under these regulations, permitting such

person to operate a secondary storage facility of petroleum;

“authorised provider” means the holder of

an authorisation issued by the Authority under 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, permitting such person to operate a

petroleum filling station and, or carry out the activity of a fuel

distributor;

“the Authority” means the Malta Resources Authority

Provided that whenever the Authority is required to

exercise its functions under these regulations in relation to a fuel

distribution vehicle, the Authority shall act in collaboration with

the authority responsible for transport;

“autogas” means LPG used for the propulsion of motor

vehicles;

“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;

“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;

“Class” means the classification given to fuel

according

to their flash points. For this purpose

(a) class 1 means fuels which have a flash point

below 21ºC;

(b) class 2 means fuels which have a flash point

above 21ºC but below 55ºC;

(c) class 3 means fuels which have a flash point

above 55ºC;

“CN codes” means the code numbers of the combined

nomenclature established by Regulation 2658/87 on the tariff

and statistical nomenclature and on the customs tariff;

“competent person” means a person approved by the

Authority who holds a warrant to practise the profession of

an engineer under the Engineering Profession Act or the

equivalent professional qualification as provided under

the Mutual Recognition of Qualifications Act, and who

has suitable training, sufficient knowledge, experience and

capability as approved by the Authority to

(a) carry out assessment inspections of authorised

facilities;

(b) supervise the material alterations made at an

authorised facility;

(c) certify in writing that authorised facilities

are designed, constructed, tested and maintained as

prescribed in any authorisation conditions, direction

given by the Authority and according to guidelines and

Codes of Practice duly approved by the Authority; and

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

is complimentary or ancillary to the above;

“dispenser” means delivery equipment which includes a

volumetric measuring system which is to the satisfaction of

the Authority, which may or may not include its own pumping

system installed at a petroleum-filling station or on a fuel

distributor vehicle and which is used to dispense fuel;

“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;

“final consumer” means any natural or legal person

purchasing petroleum for private use;

“flash point” means the minimum temperature at which

a liquid, under specific test conditions, gives off sufficient

flammable vapour to ignite momentarily on the application of

an ignition source;

“fuel distributor” means the holder of an authorisation

issued by the Authority under these regulation, permitting

such person to distribute petroleum to duly authorised

facilities;

“fuel distribution vehicle” means a vehicle including

its contents as defined in the Motor Vehicle Carriage of

Dangerous Goods by Road) Regulations, 2003 designated for

the purpose of distributing petroleum to authorised facilities

Provided that in this case the word “petroleum” shall

have the same meaning as in that for a fuel distributor;

“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” shall have the same meaning as in the Liquefied

Petroleum Gas Market Regulations, 2008;

“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;

“Member State” means a member state of the European

Union;

“the Minister” means the Minister responsible for

resources;

“nozzle” means a device for controlling the flow of fuel

during a dispensing operation;

“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 include any of the

following grounds

(a) public policy, public security, public safety

and public health; provided that, these grounds shall be

interpreted within the meaning of Article 46 and Article

55 of the Treaty;

(b)

the maintenance of order in society;

(c)

social policy objectives;

(d)

the protection of recipients of services;

(e)

consumer protection;

(f)

the prevention of fraud;

(g)

the protection of the environment; and

(h) the prevention of unfair competition.

“person” means and includes an individual, an

undertaking, a body or other association of persons, whether

such body or association is corporate or unincorporate;

“petroleum” shall have the same meaning as under the

Act but shall not include those products listed in the First

Schedule to these regulations

Provided that

(a) for the purposes of an authorisation to

operate a secondary storage facility of petroleum,

the word petroleum excludes LPG;

(b) for the purposes of an authorisation to

carry out the activity of a fuel distributor, the word

“petroleum” excludes LPG both when transported

in bulk or in portable refillable cylinders;

(c) for the purposes of an authorisation

to operate a petroleum-filling station, the word

petroleum excludes autogas

Provided also that “petroleum” may be given a

different meaning in any authorisation issued by the

Authority as the case may be;

“petroleum-filling station” means an authorised facility

which has been approved by the Authority to store and retail

petroleum and which may be subject to any such conditions

as the Authority may establish in the applicable authorisation;

“pipework” means all pipes, lines and fittings including

joints designed to carry fuel as liquids or vapour;

“portable refillable cylinders” means transportable,

refillable containers suitable for use of LPG and which

conform to the Transportable Pressure Equipment

Regulations, 2002;

“primary storage facility” shall have the same meaning

as in the Petroleum for the Inland (Wholesale) Fuel Market

Regulations, 2007;

“public service obligation” means any obligation

imposed by the Authority on service providers or authorised

providers to carry out any activity which provides a service

to final consumers for the purpose of these regulations, and

which service shall be carried out at specified prices in the

public interest;

“recipient” means any natural 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;

“retail” means the sale of petroleum to final consumers;

“secondary storage facility of petroleum” means an

authorised facility

(a)

used for the authorised person’s own exclusive

use;

(b) which is not a primary storage facility for the

purposes of the Petroleum for the Inland (Wholesale)

Fuel Market Regulations, 2007; and

(c)

which is in excess of a lower limit of 300

litres

Provided that when a secondary storage

facility of petroleum consists of one or more tanks

it may be construed by the Authority of consisting

of a single secondary storage facility of petroleum;

“service” means any self-employed activity performed

for economic considerations;

“service provider” means any natural 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” includes any trade or sale whether by retail or

by wholesale, or donation; and

“the Treaty” means the Treaty establishing the European

Community.”

“undertaking” shall have the same meaning as provided

for in the Competition Act.

Regulation 8 (2)

Application fee payable in respect of an application for

Notification to operate a secondary storage facility of petroleum

The applicable fee for a notification for operating a secondary storage facility

of petroleum with a capacity not exceeding 3,000 litres is €50.

Authorisation to operate a secondary storage facility of petroleum

The applicable fee for applying for an authorisation for operating a secondary

storage facility of petroleum with a capacity exceeding 3,000 litres is €50.

Authorisation to operate a petroleum filling station

The applicable fee for applying for an authorisation for operating a petroleum

filling station is €500.

Authorisation to carry out the activity of a fuel distributor

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

activity of fuel distributor is €500.

(1) The following operations and activities shall require

an authorisation

(a) the operation of a petroleum-filling station; or

(b) the operation of a secondary storage facility of

petroleum; or

(c) the carrying out of the activity of a fuel distributor.

Regulation 11 (2)

Authorisation fee payable in respect of an

Authorisation to operate a secondary storage facility of petroleum

The applicable authorisation fee for operating a secondary storage facility of

petroleum with a capacity exceeding 3,000 litres is €50 per annum.

Authorisation to operate a petroleum filling station

The applicable authorisation fee for operating a petroleum filling station is

€500 per annum and €50 per nozzle.

Authorisation to carry out the activity of a fuel distributor

The applicable authorisation fee for the carrying out of the activity of a fuel

distributor is €500 per annum and €50 per fuel distributor vehicle.

.

€3.35

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

grant an authorisation and, or authorisations for the

(a) operation of a petroleum-filling station;

(b) operation of a secondary storage facility of

petroleum; and

(c) carrying out of the activity of a fuel distributor

Provided that such person 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) The storage of class 1 fuels in excess of 300 litres

is prohibited

Provided that such storage shall be allowed when an

authorisation for a primary storage facility under the Petroleum for

the Inland (Wholesale) Fuel Market Regulations, 2007 is granted

for such use by the Authority or such storage is allowed in terms

of an authorisation issued under these regulations for a petroleum-

filling station.

(3) In the case of a secondary storage facility of

petroleum used for the storage of class 2 fuels in excess of 300

litres, but of not more than 3,000 litres, instead of an application

for an authorisation to operate a secondary storage facility of

petroleum, a notification submitted in the form established by the

Authority, shall be required. Together with the receipt of such

notification, the Authority shall require the applicant to submit a

certification of the storage facility by a competent person, in such

form and manner as the Authority may prescribe.

(4) In the case of a secondary storage facility of

petroleum used for the storage of class 3 fuels in excess of 300

litres, but of not more than 3,000 litres, instead of an application

for an authorisation to operate a secondary storage facility of

petroleum, a notification submitted in the form established by the

Authority, shall be required. Together with the receipt of such

notification, the Authority shall require the applicant to submit a

certification of the storage facility by a competent person, in such

form and manner as the Authority may prescribe.

(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 Petroleum (Petrol Stations) Regulations, 1986 may continue

to perform such activities as authorised under existing licence

conditions for the earlier of a calendar year from the entry into

force of these regulations or until the grant of a new authorisation,

whichever is the earlier

Provided that any such person shall apply with the

Authority for a new applicable authorisation as listed in

regulation 4 (1) of these regulations within two months from

the day of the sending of a notice by the Authority to apply

for such an authorisation

Provided also that any such person shall comply with

such authorisation conditions as established in the new

authorisation that may be issued by the Authority with effect

from such date that the Authority may establish.

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

regulations, was engaged in any activity or operation relating to

petroleum and is in possession of a valid authorisation to conduct

the business of a fuel distributor may continue to perform such

activities as authorised under existing authorisation conditions

for the earlier of a calendar year from the entry into force of these

regulations or the grant of a new authorisation, whichever is the

earlier

Provided that any such person shall apply to the

Authority for a new applicable authorisation as listed in

regulation 4 (1) of these regulations within two months from

the day of the sending of a notice by the Authority to apply

for such an authorisation

Provided also that any such person 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) Any person, who upon the entry into force of these

regulations operates a storage facility which is a secondary storage

facility of petroleum in terms of these regulations may continue to

operate such a storage facility for the earlier of six months from

the entry into force of these regulations or the grant of a new

authorisation, whichever is the earlier

Provided that any such person shall apply for an

authorisation as listed in regulation 4 (1) of these regulations,

to the Authority within three months from the date of entry

into force of these regulations

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 as the Authority may establish.

(4) In the period between the date when these

regulations come into force and the date when the new

authorisations come into effect, the authorised person or the

authorised provider shall follow all directions and conditions that

the Authority may issue or set

Provided that when such conditions are inconsistent

with the authorisation then in force, the new condition shall

prevail.

(5) 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.

(6) The Authority may require existing operators to

upgrade their authorised facility or fuel distribution vehicles and

activities up to approved standards, guidelines and, or codes of

practice

Provided that if there exists a severe safety hazard,

the authorised person or the authorised provider shall of his

own motion remove such hazard, and thereafter notify the

Authority of such removal

Provided also that the Authority may in its discretion

prescribe special transitory authorisation conditions after

taking due regard of the existing situation.

(7) 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.

(8) Any fees applicable to new authorisation shall

apply pro rata from the date of issue till the 31 st December, 2009.

(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 or with any other law, shall continue in force for such

period as may be specified in 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 to operate

a petroleum filling station;

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

a secondary storage facility of petroleum; and

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

the activity of a fuel distributor.

(5) An authorisation issued by the Authority under

these regulations shall not exempt the authorised person or 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

petroleum filling station or an authorisation to operate a secondary

storage facility of petroleum, each authorised facility shall 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 person or the authorised provider shall

be responsible for the authorisation and for the observance of the

authorisation conditions.

(2) In the case of an authorisation to carry out

the activity of a fuel distributor, the authorisation shall cover the

complete fleet of fuel distribution vehicles used for the distribution

of fuel

Provided that the authorised provider shall promptly

inform the Authority of any additions or reduction in his fleet

of fuel distribution vehicles.

(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) operate a petroleum-filling station; or

(b) operate a secondary storage facility of petroleum; or

(c) carry out the activity of a fuel distributor,

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 Second Schedule shall be paid to the Authority with the

application for an authorisation.

(1) The Authority shall establish its procedure for the

purposes of determining an application for

(a) an authorisation to operate a petroleum filling

station;

(b) an authorisation to operate a secondary storage

facility of petroleum; and

(c) an authorisation to carry out the activity of a fuel

distributor.

(2) The Authority shall communicate to the applicant

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

than six 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 the renewal of an authorisation shall have to

be submitted in writing to the Authority in such form and manner

as the Authority may require, 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 person or the authorised provider within thirty days

from the granting of an 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 as

specified in the Third Schedule of these regulations and shall be

paid to the Authority annually.

(3) If any authorisation fee payable under sub-

regulation (2) is not paid within thirty days, the Authority shall

after the lapse of such time communicate to the authorised person

or the authorised provider as the case may be, whose authorisation

fee has not been so 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 person

or the authorised provider whose authorisation fee has not been so

paid.

(1) If any authorisation fee mentioned in regulation

11 is not paid within thirty days after the date on which the

communication therein mentioned has been sent by registered post,

the authorisation to which it refers shall cease to be in force, and

if the person to whom it was granted wishes again to operate a

petroleum-filling station or to operate a secondary storage facility

of petroleum or to carry out the activity of a fuel distributor 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) 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 to be authorised or the

authorised facility as the case may be and, or vehicles 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 customers at the facility concerned and the extent to which

the interests of customers shall be served;

(i) the possibility of a monopolistic or an oligopolistic

condition in the petroleum inland retail market industry

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,

distribution and retail of petroleum in Malta; and

(k) the public interest in general.

The Authority shall have the right to refuse a request for

the issue of 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 the criteria referred to in regulation 13 of

these regulations; 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

an 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) Authorised providers who are authorised to operate

a petroleum-filling station shall every year or as may be otherwise

required by the Authority, submit a compliance certificate

duly signed by a competent person, together with the annual

authorisation fee payable under regulation 11 of these regulations.

Such a compliance certificate shall be in such form and manner as

the Authority may prescribe.

(2) Authorised persons authorised to operate a

secondary storage facility of petroleum shall every two years or as

may be otherwise required by the Authority, submit a compliance

certificate duly signed by a competent person, together with the

authorisation fee payable under regulation 11 of these regulations.

Such a compliance certificate shall be in such form and manner as

the Authority may prescribe.

(3) No application for the issue of an authorisation

and no renewal of an authorisation shall be accepted or processed

by the Authority, as the case may be, unless accompanied by the

relevant compliance certificate mentioned in sub-regulation (1) or

sub-regulation (2) of this regulation.

(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 mentioned 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 person or the authorised provider

shall at all times comply with these regulations and with the

conditions of an authorisation.

(4) The conditions included in an 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 person or the

authorised provider including but not limited to customer

service obligations;

(e) the supply of designated geographical areas in 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

petroleum products;

(g) monitoring and recording of the authorised

operations;

(h) reporting, auditing and submission of information

to the Authority;

(i) inspection, making copies and taking extracts from

books and records held by the authorised person or authorised

provider and the carrying out of measurements and tests in

relation to any authorised facility, assets or plant;

(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.

(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.

(6) 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.

(1) Inspectors duly appointed by the Authority shall be

authorised to

(a) enter and inspect any authorised facility;

(b) inspect fuel distributor vehicles by which petroleum

is dispensed, stored, retailed or is distributed; and

(c) 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 whether they are in compliance with the conditions

as prescribed in an authorisation or with any direction of the

Authority.

(2) Every inspector of the Authority shall at all

reasonable times be allowed unrestricted access to authorised

facilities and fuel distribution vehicles for the purpose of

ascertaining whether these regulations or the conditions attached to

the authorisation are being duly observed. The authorised person or

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 in respect of each authorisation they hold and any other

information about all transactions permitted under an authorisation

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

business for the purpose of auditing by the Authority. Authorised

providers shall keep and maintain such records for a minimum

period of five years, or more as may be directed by the Authority

Provided that the Authority shall treat as confidential

any information obtained from the authorised person or

the authorised provider which the authorised person or 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 or in terms of an agreement with any other Government

Department or body established by law.

(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 or person and shall be in

accordance with data protection laws.

(1) All activities related to the filling of tanks,

dispensing of fuel products, stock control, price display and issuing

of receipts in a petroleum filling station are to be controlled,

monitored and recorded by a software system

Provided that such software is to be compliant with any

standards or directions which the Authority may from time to

time direct the authorised provider to use or follow.

(2) The software system mentioned in sub-regulation

(1) of this regulation shall, inter alia:-

(a) enable direct, continuous reading of tank levels

using tank dipping systems with remote connectivity;

(b) log any event of delivery per product on a non-

erasable memory;

(c) log any event of sale per product on a non-erasable

memory;

(d) log all changes in prices and ensure that the price

charged is the same price shown both on the price display and

on the dispenser;

(e) be designed in a manner that the only direct input

allowed to the authorised provider is the change in price,

which once inputted into the system, shall be made suitably

available to the customers, via clear price displays in the

forecourt and on the dispenser, and shall be logged on a non-

erasable memory;

(f) enable the upgrading of the software to its latest

version after consent has been given by the Authority;

(g) allow the Authority to conduct any relevant testing

which it might deem necessary;

(h) enable integrated connectivity to the main system

by remote monitoring to monitor vapour recovery equipment.

These logs and all actions within the software and

system shall not be modified, deleted or removed without the

written consent of the authority responsible for monitoring such

(3) The software system mentioned in this regulation

shall be audited biennially by an entity accredited to perform such

audit checks.

(4) The hardware system used shall be robust, secure

and tamper proof.

(1) No person may retail, store or offer for sale

petroleum products other than those permitted by law.

(2) Inspectors shall be authorised to enter and inspect

any authorised facility and, or any vehicle including fuel

distribution vehicles in which petroleum is being stored, blended,

dispensed, retailed and to take samples for the testing of any

petroleum found or contained therein.

(3) During the course of the inspection the authorised

provider or authorised person shall give all reasonable assistance

which such inspectors may require for that purpose. No

compensation shall be due to the authorised provider in regard to

the samples lifted.

(1) Without prejudice to any other provisions of

these regulations or any other law, authorised facilities designed

or constructed after the entry into force of these regulations

shall be designed and constructed in accordance with standards

prescribed or as directed by the Authority and, or as required by

any other authority competent at law as a result of a consultation or

agreement with the Authority.

(2) Once the design and construction of an authorised

facility have been carried out, a competent person must submit in

writing a certification that all standards and safety requirements

required by the authorised provider in regard to the authorised

facility have been abided to.

(1) The authorised person or the authorised provider

shall not undertake or permit to be undertaken any material

alterations to the authorised facility, unless the prior written consent

of the Authority has been obtained.

(2) The consent of the Authority to the material

alterations mentioned in subregulation (1) hereof shall not

exempt the authorised person or 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 such

other person approved in writing by the Authority and 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 or directions 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 person

or the authorised provider to perform the material alterations

must submit in writing to the Authority a certification that all

safety requirements imposed on the authorised facility have been

complied with.

(6) The Authority may, subsequent to the carrying

out of material alterations referred to in subregulation (5) of this

regulation send an inspector or official to perform an assessment

inspection on the authorised facility.

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

period for which an authorisation is valid, order its suspension,

revocation or cancellation where the Authority is satisfied that

(a) the authorised person or the authorised provider

has failed or is failing to comply with any condition of the

authorisation or with these regulations; or

(b) the authorised person or the authorised provider

does not possess all other relevant permits and authorisations

that are required by any other public authority; or

(c) the authorised person or the authorised provider is

contravening any requirement imposed by law; or

(d) the authorised person or 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 person or the authorised provider

does not meet any criteria in respect to one or more of the

criteria referred to in regulation 13 of these regulations

Provided that in exercising the powers for

suspension, revocation or cancellation of authorisations

the Authority may take into account the nature of the

failure, or the fact that the authorised person or the

authorised provider is taking the appropriate steps which

the Authority considers to be 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 an authorisation is valid, modify, amend, replace,

or delete the conditions of the authorisation as it considers requisite

or suitable

Provided that when doing so, the Authority shall not

add new authorisation conditions unless these are being made for

overriding reasons relating to public interest.

(2) Before making any amendments, replacement,

modifications or deletions to the authorisation, the Authority shall

(a) communicate to the authorised person or to the

authorised provider, as the case may be, such amendments,

replacement, modifications or deletions to the authorisation it

proposes to make;

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

modifications or deletions are being proposed; and

(c) specify the period within which representations

or objections have to be made with respect to the proposals

being made

Provided that the Authority in doing so shall consider

any representations made.

(1) When an authorised person or the authorised

provider, as the case may be, decides either to suspend or terminate

his authorisation to operate a petroleum filling station or to operate

a secondary storage facility of petroleum or to carry out the activity

of a fuel distributor, the authorised person or authorised provider

shall promptly notify the Authority in the form prescribed by the

Authority, to notify such a termination or suspension.

(2) Upon acknowledgment by the Authority to the

authorised person or authorised provider of the notification

mentioned in sub-regulation (1) hereof, the authorisation shall

be considered to have ceased to be in force and with immediate

effect from the date of such acknowledgment the operation of the

petroleum filling station or the operation of the secondary storage

facility of petroleum or fuel distributor’s business, shall be deemed

to be unauthorised.

(3) Notwithstanding any notification for the

termination or suspension of an authorisation, the authorised

person or 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 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

conditions 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 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

conditions as listed in regulation 13 of these regulations are

being 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 authorisations issued in terms of these

regulations shall be an indivisible right

Provided also 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.

(1) All petroleum filling stations shall have at their

entry a notice which is legible and visible from both sides of the

road, exhibiting the retail price for all the petroleum and, or biofuel

products retailed from that authorised premises.

(2) The retail price described in sub-regulation (1)

hereof shall be shown in euro per litre and shall show up to three

places of a decimal

Provided that the number appearing to the left of a

decimal point shall be not less than 20 centimetres in height, whilst

those appearing on the right hand side shall not be less than 15

centimetres in height.

A petroleum filling station which remains inoperative

or is otherwise not in use for a period of 12 consecutive months,

shall be considered as being dormant and its authorisation shall be

revoked by the Authority

Provided that if a petroleum filling station remains so

inactive for reasons independent from the action or inaction of the

authorised provider, such a petroleum filling station shall not be

considered as being dormant.

The Authority may, in the public interest, impose as an

authorisation condition on any authorised provider, a public service

obligation under these regulations to supply any service in any

specified form, to any final cunsumer or specific groups of final

consumers, 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 such costs may be recovered as

specified by the Authority or by any other competent body.

Authorised persons or authorised providers may

be required to insure, to the satisfaction of the Authority, the

authorised facility or the activity to which their authorisation

refers.

The authorised person or the authorised provider

shall co-operate in any scheme promoted by other Government

Departments, relevant authorities or bodies, and to be carried out

in collaboration with the Authority.

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) Any person who

(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 issued under 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 made by

an inspector, employee or officer of the Authority in the

performance of his duties;

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

to hinder, obstruct, molest or interfere with the performance

of the duties of any inspector, any employee or officer of the

Authority; or

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

these regulations which is false, misleading or incorrect in

any material particular,

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 sixty-nine thousand euro (€69,000) or to one thousand

three hundred euro (€1,300) for each day during which the

offence persists, or to both such fine and imprisonment.

(2) The liability of an offender under sub-regulation

(1) thereof 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 article, may order the convicted offenders to close

their activity and, or to undo anything which was done without an

authorisation.

(4) In prosecution for 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) Officials of the Authority may assist the Police in

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

offence against these regulations.

(6) The Police are to secure evidence concerning any

offence against these regulations.

(7) The provisions of these regulations shall not affect

any criminal proceedings and, or any other proceedings that may

be instituted under any other law.

(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 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.

Notwithstanding any other law, proceedings for an

offence against these regulations may be commenced at any time

within six years from the commission of the offence.

The Petroleum (Petrol Stations) Regulations, 1986 and

the Petroleum (Licence Fees) Regulations, 1978 are hereby being

revoked.