BIOFUELS AND BIOLIQUIDS MARKET REGULATIONS

SUBSIDIARY LEGISLATION 545.15

BIOFUELS AND BIOLIQUIDS MARKET

REGULATIONS

13th March, 2012

LEGAL NOTICE 85 of 2012, as amended by Legal Notice 184 of 2012;

and Act XXV of 2015, Legal Notices 503 and 505 of 2021 and 95 of 2026.

(1) The title of these regulations is the Biofuels and

Bioliquids Market Regulations.

(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.

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 Regulator for Energy and Water Services

Act;

"approved" means the acceptance in writing by the Regulator;

"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

per s o n wh o i s t he h ol d e r o f an a ut ho r isa t i on i s s u e d by th e

Regulator 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;

"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 Regulator or

any other person duly appointed and authorised in writing by the

Regulator in accordance with the provisions of the Act to inspect

and check complianc e with these r eg ul ati on s a nd wi th a ny

authorisation condition;

"material alterations" means any alteration which, within the

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

the Regulator 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 Regulator 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;

"the Regulator" means the Regulator for Energy and Water

Services;

"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;

"t he Treaty" m eans t he Treaty establishing the Euro pean

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) 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 Regulator 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 Regulator

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 b y the

Regulator 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 Regulator.

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

abide by all the conditions prescribed in the authorisation, any

further conditions prescribed by the Regulator 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

Regulator of the fact of such production or importation, in such

form and manner as may be required by the Regulator, and to

submit to the Regulator 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

Regulator.

(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 Regulator in

respect 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 Regulator 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 Regulator 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 aut horising the holder t hereof to perfo rm 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 Regulator in such form and manner as

the Regulator may prescribe.

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

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

authorisation.

(1) The Regulator 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 Regulator 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 Regulator 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 Regulator in such form and manner as

the Regulator may require, six months prior to the date on which

the authorisation expires.

(2) The Regulator 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

Regulator 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 Regulator 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 Regulator 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 Regulator 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

paid within thirty days from 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 carry out the

activity of an authorised biofuels and, or bioliquids operator, he

s h a l l th e n be r e q ui re d to a p p ly f or a n e w a u th or i s a ti on . I n

considering any such application, the Regulator 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 Regulator.

(1) The Regulator 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 Regulator 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 Regulator 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 Regulator 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 Regulator in the application form or

any other additional information that the Regulator

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 Regulator,

including refusal or withdrawal of an authorisation, shall be fully

reasoned and shall be open to challenge before the the

Administrative Review Tribunal established by article 5 of the

Administrative Justice Act

Provided further that the failure by the Regulator 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

w h a t s o e v e r, t h a t t h e R e g u l a t o r h a s t a c i t l y g r a n t e d s u c h

authorisation and that the applicant has automatically been granted

access to a service activity or the exercise thereof.

(1) The Regulator shall have the power to include in an

authorisation issued under these regulations any such conditions as

the Regulator 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 Regulator 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 Regulator;

(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 Regulator 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 Regulator 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

Regulator.

(7) The authorised biofuels and, or bioliquids operator shall

inform the Regulator 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 Regulator shall be

authorised to enter and inspect any authorised or notified facility.

(2) Every inspector of the Regulator 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 Regulator and, or as required by any other

authority competent at law as a result of a consultation or in

agreement with the Regulator.

(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 Regulator has been obtained.

(2) The Regulator 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

Regulator

Provided that the Regulator shall treat as confidential any

i n f o r m a t i o n o b t a i n e d f r o m t h e a u t h o r i se d b i o f u e l s a n d , o r

bioliquids operator which such operator communicates to the

Regulator as being commercially sensitive and which the Regulator

accepts to be so, and in doing so the Regulator 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 Regulator 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 offer

for sale any biofuel that is not in compliance with EN 14214 or 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 Regulator may, at any time in the course of the period

for which the authorisation is valid, order its suspension,

revocation or cancellation where the Regulator is satisfied that

(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 Regulator 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 Regulator 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 Regulator considers to be necessary in

order to comply with the conditions of the authorisation, or any

other requirement that the Regulator may deem relevant.

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

the Regulator 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 Regulator 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 Regulator 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 Regulator shall consider

any representations made.

(1) Where an authorised biofuels and, or bioliquids

operator decides either to suspend or terminate his authorisation, he

shall promptly notify the Regulator in the form prescribed by the

Regulator, to notify such a termination or suspension.

(2) Upon acknowledgment by the Regulator 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 Regulator 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 Regulator in such

form and manner as the Regulator shall prescribe;

(b) the Regulator 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 Regulator 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 Regulator 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 Regulator in such

form and manner as the Regulator may prescribe;

(b) the Regulator 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 Regulator 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 Regulator 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 Regulator, 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

o r i m p o r t i n g b i o f u e l o r b i o l i q ui d s , w h os e b i o f u e l s an d , o r

bioliquids are taken into account for the purposes of the

r e q u i r e m e n t s l a i d d o w n i n t h e P r o m o t i o n o f E n e rg y f r o m

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 with the sustainability criteria

as set out in the Biofuels, Bioliquids and Biomass Fuels (Sustainability

Criteria) Regulations.

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 laid

down in the Prom otion of E nergy from Renewable Sources

Regulations

(1) When the Regulator 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 Regulator 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 Regulator.

(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 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 Regulator 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 Regulator;

(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

Regulator 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 Regulator shall have the right to assist the Police,

and to plead the case before the Court.

(5) Officers from the Regulator 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 Regulator 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 Regulator 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 Regulator in

ensuring compliance with these regulations.

BIOFUELS AND BIOLIQUIDS MARKET

BIOFUELS AND BIOLIQUIDS MARKET

IT-TIENI SKEDA

Regolament 8 (2)

Tariffa tal-applikazzjoni pagabbli fir-rigward ta’

Awtorizzazzjoni għall-attività ta’ operatur awtorizzat tal-bijokarburanti u/jew tal-

bijolikwidi.

It-tariffa tal-awtorizzazzjoni għal awtorizzazzjoni biex wieħed jopera bħala

operatur awtorizzat tal-bijokarburanti u/jew tal-bijolikwidi hija ta’ € 50 fis-sena u

€0.00175 għal kull litru ta’ bijokarburant jew bijolikwidu impurtat jew prodott.