Biofuels and Bioliquids Market Regulations, 2012

L.N. 85 of 2012

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Biofuels and Bioliquids Market Regulations, 2012

IN exercise of the powers conferred by articles 28 (1) and 32 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 Biofuels and Citation and

scope.

Bioliquids Market Regulations, 2012.

(2) The scope of these regulations is the regulation of biofuels

and bioliquids operations and activities in Malta. 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.

(3) These regulations have been notified in terms of Directive

98/34/EC, as amended by Directive 98/48/EC, as transposed by the

Notification Procedure Regulations.

2004. L.N. 528 of

2004. Regulation 5(2)

Application fee payable in respect of an application for

Notification to operate as a biofuels and/or bioliquids operator.

The applicable fee for a notification to operate as biofuels or

bioliquids producer is € 0.

Authorisation to operate as an authorised biofuels and/or

bioliquids operator.

The applicable fee for applying for an authorisation to operate

as a an authorised biofuels or bioliquids operator is € 50.

(1)

Unless stated otherwise in these regulations, the

definitions in the Act shall apply.

(2) For the purposes of these regulations, and 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 it means

a permit, licence, warrant, appointment, concession or any decision

concerning access to a service activity or the exercise thereof;

"authorised biofuels and, or bioliquids operator" means the

person who is the holder of an authorisation issued by the Authority

under these regulations, who is granted an authorisation to perform all

transactions and activities, whether onerous or gratuitous, related to

biofuel and, or bioliquids including importation, storage, production,

blending, wholesale or retail and related ancillary activities, or a

service provider who is authorised to operate under any law in force

in a Member State of the European Union or in a state which is a

participant in the European Economic Area, permitting such person to

carry out the activity of a biofuels and, or bioliquids operator;

"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, forecourt area and any other asset within that

part of the premises relevant to the activities covered by the

authorisation;

"the Authority" means the Malta Resources Authority;

"biofuels" means liquid or gaseous fuel for transport produced

and composed from biomass;

"biofuels and, or bioliquids operator" means a person who

performs all transactions and activities, whether onerous or

gratuitous, related to biofuel and, or bioliquids including importation,

storage, production, blending, wholesale or retail and related ancillary

activities;

"bioliquids" means liquid fuel produced for energy purposes and

composed from biomass other than for transport, including electricity

and heating and cooling;

"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;

"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 customer" means any natural or legal person purchasing

biofuel and, or bioliquids for own use;

"inspector" means any officer or employee 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 with any authorisation

condition;

"material alterations" means any alteration which, within the

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

the Authority reasonably affect the safe operation of the authorised

facility and includes any 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;

"overriding reasons relating to public interest" means reasons

recognised as such in case law of the European Courts of Justice,

being reasons which present a justification for the issue of an

authorisation and, or the issue of a condition thereto or to any other

policy decision taken in terms of such authorisation, when such

authorisation, or condition or policy decision thereto could not have

been issued or taken under normal circumstances except for such

overriding reasons relating to public interest, including 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 Articles 46 and 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" includes an individual, an undertaking, a body or other

association of persons, whether such body or association is corporate

or unincorporate;

"petroleum" has the meaning assigned to it in the Act

Provided that "petroleum" may be given a different meaning in

any authorisation issued by the Authority under these regulations;

"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 biofuels and, or bioliquids to final

consumers;

"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 provides a service;

"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)

Authorisation fee payable in respect of an

Authorisation for the activity of an authorised biofuels and/or

bioliquids operator.

The authorisation fee for an authorisation to operate as an

authorised biofuels and/or bioliquids operator is € 50 per annum and

€ 0.00175 per litre of biofuel or bioliquid imported or produced.

€1.62

(1)

The carrying out of the activity of a biofuels and, or

bioliquids operator shall require an authorisation

Provided that a biofuels and, or bioliquids operator who has

been expressly authorised by the Authority and as it may in writing

have established, to undertake any activity or operation in relation to

biofuels under the Petroleum for the Inland (Wholesale) Fuel Market

Regulations, and, or the Petroleum for the Inland (Retail) Fuel Market

Regulations, shall not require an authorisation under these

regulations. Without prejudice to the foregoing, the Authority may

impose any such conditions it may consider appropriate in the

circumstances, including any condition or obligation arising under

these regulations, any further conditions prescribed by the Authority

from time to time and any other obligations imposed in terms of law.

(2) Without prejudice to any obligation under any other law,

the wholesaling of blends of biofuel and, or bioliquids and petroleum

products shall require an authorisation under these regulations when

the biofuel content of the blend exceeds the maximum limit of biofuel

content in MSA EN 590 and MSA EN 228.

(3) An authorised biofuels and, or bioliquids operator may

store petroleum products for the purpose of blending with biofuels

and, or bioliquids, provided that the relevant authorisation for the

storage of petroleum is obtained from the Authority.

(4) An authorised biofuels and, or bioliquids operator shall

abide by all the conditions prescribed in the authorisation, any further

conditions prescribed by the Authority from time to time and any

other obligations imposed in terms of law.

(5) Any person who produces and imports biofuels and, or

bioliquids for his own exclusive use and who does not produce or

import in excess of 2,000 litres in the course of a calendar year, shall

not require an authorisation in terms of these regulations

Provided that such person is required to notify the Authority of

the fact of such production or importation, in such form and manner

as may be required by the Authority, and to submit to the Authority

such information as may be required from time to time

Provided further that such person shall observe any code of

practice, guideline or direction which may be issued by the Authority.

(6) Persons exempted from the requirement of having an

authorisation in terms of sub-regulation (5) shall not be exempt from

the requirement of obtaining any other authorisation or permit as may

be required under any other law.

(1)

Authorisations shall be issued by the Authority in General

respect of the operations, activities and practices referred to in these authorisation.

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) Unless revoked, an authorisation shall be valid for four

years.

(4) An authorisation issued by the Authority under these

regulations shall not exempt the authorised biofuels and, or bioliquids

operator from the requirement of obtaining any other authorisation or

permit as may be required under any other law.

(5) An authorisation under these regulations shall not be

construed as authorising the holder thereof to perform any operation

or activity requiring an authorisation in terms of any regulations made

under the Act.

(1)

Any person who wishes to carry out the activity of

an authorised biofuels and, or bioliquids operator 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 specified in the First

Schedule shall be paid to the Authority with the application for the

authorisation.

(1)

The Authority shall establish its procedure for the

purpose of determining an application for an authorisation to carry

out the activity of an authorised biofuels and, or bioliquids operator.

(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, substitute, 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 biofuels and, or bioliquids operator within thirty days

from the 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 to carry out the

activity of an authorised biofuels and, or bioliquids operator shall be

as specified in the Second Schedule.

(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 with the authorised biofuels and, or bioliquids

operator whose authorisation fee has not 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 biofuels and, or

bioliquids operator whose authorisation fee has not so been paid.

If any authorisation fee mentioned in regulation 8 is not Requirement to

paid within thirty days from the date on which the communication re-apply

of failure to pay

therein mentioned has been sent by registered post, the authorisation an

fee.

to which it refers shall cease to be in force, and if the person to whom

it was granted wishes again to carry out the activity of an authorised

biofuels and, or bioliquids operator, he shall then be required to apply

for a new authorisation. In considering any such application, the

Authority shall 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 Conditions for

transparent conditions relating to the granting of an authorisation in decisions

relating to the

terms of the principles of natural justice.

granting and

renewal of

authorisations.

(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, howsoever 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)

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;

(h)

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 10; 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 the

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 the 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) The authorised biofuels and, or bioliquids operator shall at

all times comply with these regulations and with the conditions of the

authorisation.

(3) An authorisation shall have a minimum set of general

conditions

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(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 or rules given

by the Authority or as may be established at law;

(d)

support to the long term energy plan of the country;

(e)

the promotion of the efficient operation of the

biofuels and bioliquids market and protection of the customers

in terms of the lowest possible prices combined with the highest

quality of the products;

(f)

monitoring and recording of the authorised

operations;

(g)

reporting, auditing and submission of information

to the Authority;

(h)

inspection, making copies and taking extracts from

books and records held by the biofuel and, or bioliquids

operator and the carrying out of measurements and tests in

relation to any authorised facility, assets or plant;

(i)

assessment and auditing of operations, activities

and practices and their compliance to authorisation conditions;

(j)

regulation of subsidiary companies and, or

companies executing part of the regulated operations, activities

and practices.

(5) The Authority may, on an individual basis, exempt

authorised biofuels and, or bioliquids operators whose annual

throughput does not exceed 20,000 litres from the requirements

imposed by certain authorisation conditions.

(6) Any person granted an authorisation under these

regulations shall

(a)

comply with any direction given by the Authority

as to these regulations and 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.

(7) The authorised biofuels and, or bioliquids operator 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 enter and inspect any authorised or notified facility.

(2) Every inspector of the Authority shall at all reasonable

times be allowed unrestricted access to authorised or notified

facilities for the purpose of ascertaining whether these regulations or

the conditions to the authorisation are being duly observed. The

biofuels and, or bioliquids operator shall give all reasonable

assistance which such inspector may require for that purpose.

Without prejudice to any other provision 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 in agreement with the

Authority.

(1)

The authorised biofuels and, or bioliquids operator

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 Authority may, subsequent to the carrying out of

material alterations referred to in sub-regulation (1), send an

inspector or official to perform an assessment inspection on the

authorised facility.

(1)

An authorised biofuels and, or bioliquids operator

shall keep records of all transactions in respect of the authorisation he

holds and other information about all biofuels and, or bioliquids

transactions and shall keep originals of all management accounts at

their principal place of business for the purpose of auditing by the

Authority

Provided that the Authority shall treat as confidential any

information obtained from the authorised biofuels and, or bioliquids

operator which such operator 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 or allowed 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 or as otherwise agreed with the authorised biofuels

and, or bioliquids operator.

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

regarding activities and statistics related to biofuels and, or

bioliquids

Provided that the aforesaid publication shall not refer to any

specific authorised biofuels and, or bioliquids operator or person and

shall be in accordance with data protection laws.

(1)

No person shall retail, or place on the market or Quality of

offer for sale any biofuel that is not in compliance with EN 14214 or biofuels

bioliquids.

pr EN 15376.

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

premises or authorised facility and take samples or amounts of any

biofuels and, or bioliquids found therein.

(3) During the course of the inspection any person or the

authorised biofuels and, or bioliquids operator shall give all

reasonable assistance which such inspectors may require for that

purpose. No compensation shall be due to any person or the

authorised biofuels and, or bioliquids operator with regard to any

samples taken.

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

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

cancellation of

or cancellation where the Authority is satisfied that

an authorisation.

(a)

the authorised biofuels and, or bioliquids operator

has failed or is failing to abide by any conditions of the

authorisation or by these regulations or any other law; or

(b)

the authorised biofuels and, or bioliquids operator

does not possess all other relevant permits and authorisations

howsoever described that are required by any other government

department or public authority; or

(c)

the authorised biofuels and, or bioliquids operator

is contravening any requirement imposed by law; or

(d)

the authorised biofuels and, or bioliquids operator

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)

it is in the public interest; or

(g)

the authorised biofuels and, or bioliquids operator

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

criteria referred to in regulation 10

Provided that in exercising the powers for suspension,

revocation or cancellation of an authorisation, the Authority shall take

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

biofuels and, or bioliquids operator 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 of this

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

for which an authorisation is valid, modify, amend, substitute or

delete the conditions of the authorisation as it may consider 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

modification,

amendment,

replacement, addition or deletion to the authorisation, the Authority

shall

(a)

communicate to the authorised biofuel and, or

bioliquids operator, as the case may be, any such amendment,

substitution, modification or deletion to the authorisation it

proposes to make;

(b)

state the reasons why such modifications,

amendments, substitutions, modifications or deletions are being

made; and

(c)

specify the period within which representations or

objections have to be made with respect to the changes being

made

Provided that in doing so, the Authority shall consider any

representations made.

(1)

Where an authorised biofuels and, or bioliquids Termination of

operator decides either to suspend or terminate his authorisation, he authorisation.

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

biofuels and, or bioliquids operator of the notification mentioned in

sub-regulation (1), the authorisation shall be considered to have

ceased and, with immediate effect from the date of such

acknowledgment, any operation in relation to the biofuels and, or

bioliquids by the authorised biofuels and, or bioliquids operator shall

be deemed to be unauthorised.

(3) Notwithstanding any notification for the termination or

suspension of an authorisation, the authorised biofuels and, or

bioliquids operator shall remain liable for the payment of any

authorisation fees due prior to such notification.

(1)

An authorisation issued by the Authority under Transfer of

these regulations shall not be validly transferred inter vivos to any authorisation.

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 10 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 may prescribe;

(b)

the Authority is satisfied that at least the same

conditions as listed in regulation 10 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 an authorisation 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 demise of the decujus.

An authorised biofuels and, or bioliquids operator shall be

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

facility or the activity to which their authorisation refers.

No person shall sell or offer for sale to the final customer

any biofuel blended in mineral oil derivatives unless he provides

(a)

specific labelling at the points of sale; and

(b)

information on the environmental benefits of the

biofuels being offered for sale

Provided that, without prejudice to the generality of the

foregoing, the labelling of biofuels referred to in this sub-regulation

shall not be required for percentages of biofuels, blended in mineral

oil derivatives, not exceeding 10% by volume.

Authorised biofuels and, or bioliquids operators producing

or importing biofuel or bioliquids, whose biofuels and, or bioliquids

are taken into account for the purposes of the requirements of

regulations 3 and 4 of the Promotion of Energy from Renewable

Sources Regulations, and regulation 33 of the Petroleum for the

Inland (Wholesale) Fuel Market Regulations shall ensure that the

biofuels and bioliquids produced or imported are audited and verified

to be compliant to the sustainability criteria set out in regulation 4 of

the Biofuels (Sustainability Criteria) Regulations.

(1)

When the Authority becomes aware, whether

through carrying out an investigation or otherwise, that any person

has infringed any of the provisions of these regulations, it shall issue

a compliance order to the person concerned, ordering him to comply

immediately with the provisions of these regulations

Provided that the issuing of any compliance order shall not

preclude the initiating of criminal proceedings against such person.

(2) Any person who fails to abide by the provisions of a

compliance order issued by the Authority shall, without prejudice to

any other liability under these regulations or the Act, be liable to an

administrative fine of not more than one hundred thousand euro

(€100,000) or of six hundred euro (€600) for each day of non-

compliance from the date of the decision given by the Authority.

(1)

Any person who -

Offences and

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 an authorisation issued under these

regulations;

(c)

carries out any activity requiring an authorisation

in terms of these regulations without being in possession of a

valid authorisation;

(d)

fails to comply with any lawful order made by an

inspector, employee or officer of the Authority in the

performance of his duties;

(e)

hinders, obstructs, molests or interferes or attempts

to hinder, obstruct, molest or interfere with the performance of

the duties of any inspector, employee or officer of the

Authority;

(f)

makes a declaration for any of the purposes of

these regulations or an authorisation issued under 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) 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 or to undo anything which was done without an authorisation,

or both.

(4) In prosecutions 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) 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 Police are to secure evidence concerning any offence

against these regulations.

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

criminal proceedings 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 not

exceeding one hundred thousand euro (€100,000) 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.

The Use of Biofuels or Other Renewable Fuels for Revocation of

the Use of

Transport Regulations, 2004, are hereby being revoked.

Biofuels or

Other

Renewable

Fuels for

Transport

Regulations,