of LPG and Primary Storage Facilities

L.N. 427 of 2016

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Petroleum for the Inland (Wholesale) Fuel Market, Bottling

of LPG and Primary Storage Facilities

(Amendment) Regulations, 2016

IN exercise of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Prime Minister,

after consultation with the Regulator for Energy and Water Services,

has made the following regulations:-

(1)

The title of these regulations is the Petroleum for

the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary

Storage Facilities (Amendment) Regulations, 2016, and these

regulations shall be read and construed as one with the Petroleum for

the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary

Storage Facilities Regulations, hereinafter referred to as "the

principal regulations".

(2) Regulations 5 and 6 shall enter into force on the 1st

January 2017.

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "assessment inspection" shall be

substituted by the following new definition

" "assessment inspection" means an inspection

carried out by a competent person or an independent

consultant to check that an authorised facility is operated

and maintained according to any authorisation conditions

and guidelines as the Regulator may from time to time

issue;";

(b)

the definition "importer" shall be substituted by the

following new definition

" "importer" means the authorised provider

who is authorised by the Regulator to carry out

the activity of an importer and, or wholesaler of

petroleum who releases for consumption fuel to

the inland market in terms of the Excise Duty

Act;";

(c)

immediately after the definition "importer", as

substituted, there shall be added the following new definition

" "independent consultant" means a natural or legal

person with a proven international track record and

expertise in Directive 2012/18/EU of the European

Parliament and of the Council of 4th July 2012 on the

control of major-accident hazards involving dangerous

substances, amending and subsequently repealing Council

Directive 96/82/EC, which international track record and

expertise has been ascertained by the applicant for an

authorisation;"; and

(d)

immediately after the definition "the Regulator"

there shall be added the following new definition

" "release for consumption" shall have the

same meaning as under the Excise Duty Act;".

In sub-regulation (2) of regulation 19 of the principal Amends

regulations, for the words "have been abided to." there shall be regulation

the principal

substituted the words "have been abided by:", and immediately regulations.

thereafter there shall be added the following new proviso

"Provided that, in the case of a primary

storage facility falling within the scope of the

Control of Major Accident Hazard Regulations,

in lieu of such certification, the authorised

provider of such facility shall submit a

declaration made by an independent consultant

acting on its behalf stating that all the

requirements and obligations as established by

the Control of Major Accident Hazard

Regulations are being observed and that the

installation is not subject to any prohibitions

issued under the Control of Major Accident

Hazard Regulations.".

Sub-regulations (3), (4) and (5) of regulation 20 of the

principal regulations shall be substituted by the following new sub-

regulations

"(3)

No person other than a competent person, an

independent consultant, or a person -

(a)

approved in writing by the Regulator; and

(b) supervised by a competent person or an

independent consultant,

shall carry out any material alteration on an authorised facility.

(4)

In conducting the material alterations, the

competent person or the independent consultant shall follow

any guidelines that the Regulator may from time to time issue.

(5)

Once the material alterations have been carried out,

the competent person or the independent consultant

commissioned by the authorised provider to perform the

material alterations must submit in writing a certification that all

safety requirements imposed on the authorised facility have

been complied with.".

Regulation 33 of the principal regulations shall be

substituted by the following new regulation

"33. (1)

An importer shall release for

consumption to the inland fuel market biofuel

amounts which are to be used as fuel in all forms

of transport which as a minimum shall be as

provided in the Sixth Schedule and which

amounts shall be calculated in accordance with

the methodology provided therein

Provided that, the aforesaid obligation

shall be incumbent only on the importer who

releases for consumption for excise tax purposes

the MSA EN 228 petrol and MSA EN 590

diesel.

The total amount of biofuels to be released

for consumption to the inland market shall be

calculated using the energy content as listed in

the Seventh Schedule. The biofuels shall be

released for consumption to the inland market

pre-blended with the MSA EN 228 petrol and, or

MSA EN 590 diesel

Provided further that for the purposes of

MSA EN 590 diesel, the fatty acid methyl-ester

(FAME) shall be in compliance with MSA EN

14214 and that for the purpose of MSA EN 228

petrol, the bioethanol shall be in compliance

with MSA EN 15376

Provided also that the energy content made

by biofuels produced from wastes, residues,

non-food cellulosic material and ligno-cellulosic

material shall be considered to be twice that

made by other biofuels.

(2) The importer referred to in sub-

regulation (1) shall ensure that the minimum

biofuel amounts released for consumption to the

inland market, as provided for in the Sixth

Schedule, are audited and verified to be in

compliance with the sustainability criteria set

out in regulation 4 of the Biofuels

(Sustainability Criteria) Regulations.".

The Sixth Schedule to the principal regulations shall be Substitutes the

Sixth Schedule

substituted by the following new schedule

to the principal

regulations.

"SIXTH SCHEDULE

(Regulation 33(1))

Year

Minimum biofuel content (%) to be released to the inland

market by the importer of petrol MSA EN 228 and, or

diesel MSA EN 590 calculated in accordance with the

methodology in this Schedule

1.5%

2.5%

3.5%

4.5%

5.5%

6.5%

7. 5%

8. 5%

9. 5%

0%

The minimum amounts of biofuel expressed as a percentage

amount which shall be released for consumption in the inland market

pre-blended with the MSA EN 228 petrol and, or MSA EN 590

diesel, and calculated by the energy content shall be

Energy content of biofuel ( * )

[

]

Energy content of biofuel ( ** ) + Energy content petroleum

x 100%

(MSA EN 228 & MSA EN 590

Where

(*) biofuels produced from wastes, residues, non-food cellulosic

material and ligno-cellulosic material shall be considered to be twice

that made by other biofuels.

(**)Energy content of biofuel to be counted once irrespective of

origin.".

€0.45