PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET, BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES (wholesale)

SUBSIDIARY LEGISLATION 545.17

PETROLEUM FOR THE INLAND

(WHOLESALE) FUEL MARKET, BOTTLING

OF LPG AND PRIMARY STORAGE FACILITIES

REGULATIONS

2nd October, 2007

LEGAL NOTICE 278 of 2007, as amended by Legal Notices 426 of 2007,

33 of 2010, 68 of 2011, 100 and 184 of 2012, 367 of 2013 427 of 2016, 337

of 2019, 336 and 505 of 2021 and 95 of 2026.

(1) The title of these regulations is the Petroleum for the

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

Facilities Regulations.

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

and wholesaling of petroleum for the inland fuel market, primary

storage facilities and the bottling of LPG.

(3) 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.

Substituted by

L.N. 426 of 2007;

Regulation 2, 8(2)

L.N. 33 of 2010.

Amended by

XXV. 2015.41.

Fee due to the Regulator for approval as a competent person ................................. €35

Authorisation application fee payable in respect of an application for an

Authorisation to carry out the activity of an importer and, or wholesaler of

petroleum

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

an importer and, or wholesaler of petroleum in the inland market is of €233

Authorisation to operate a primary storage facility

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

storage facility is of €233

Authorisation to carry out the activity of bottling of LPG

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

bottling of LPG is of €233.

(1) Unless stated otherwise in these regulations, the

definitions in the Regulator for Energy and Water Services Act

shall apply.

(2)

In these regulations, unless the context otherwise requires

"the Act" means the Regulator for Energy and Water Services

Act;

"advanced biofuel" means biofuels that are produced from the

feedstock listed in Part One of the Eighth Schedule;

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

"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;

"authorisation" means any authorisation granted under these

regulations, and in relation to services and service providers means

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

decision concerning access to a service activity or the exercise

thereof;

"authorised 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 and any other asset within that part of the

facility relevant to the importation, wholesale, storage and bottling

of petroleum;

"authorised provider" means a provider issued with an

authorisation by the Regulator under the Act and these regulations

or a service provider who is authorised to operate under any law in

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

a participant to the European Economic Area

Provided that whenever the Regulator is required to

exercise its functions under these regulations in relation to

offshore storage facilities, the Regulator shall act in collaboration

with the authority responsible for maritime matters;

"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;

"bottling" means the putting of LPG into portable cylinders;

"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;

"cartridge" means a non-refillable container designed to be

disposed of when empty and constructed to a recognised standard;

"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 who is approved by the

Regulator and who

(a) practices the profession of an inġinier under the

Inġiniera Act; and

(b) who is suitably trained, has sufficient knowledge,

experience and capability as approved by the

Regulator to

(i) carry out assessment inspections of authorised

facilities;

(ii) supervise material alterations to authorised

facilities;

(iii) certify in writing that authorised facilities are

being maintained and operated as prescribed in

any authorisation conditions and, or guidelines

and, or Codes of Practice duly approved by the

Regulator;

(iv) certify in writing the design, construction,

testing and commissioning of equipment and, or

sites intended to be designated by the Regulator

as authorised facilities;

(v) carry out other work of a technical nature that is

complimentary or ancillary to the above;

"diesel fuels" means gas oils as defined in Regulation (EEC) 2658/

87 and as may be amended from time to time and used for self

propelling vehicles;

"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 his own use and not resale or transfer purposes;

"food and feed crop" means starch-rich crops, sugar crops or oil

crops produced on agricultural land as a main crop excluding

residues, waste or lingo-cellulosic material and intermediate crops,

such as catch crops and cover crops, provided that the use of such

intermediate crops does not trigger demand for additional land;

"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;

"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;

"inspector" means any employee or officer 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 compliance with these regulations and any authorisation

condition;

"ligno-cellulosic material" means material composed of lignin,

cellulose and hemicellulose, such as biomass sourced from forests,

woody energy crops and forest-based industries' residues and

wastes;

"LPG" means liquefied petroleum gas;

"material alterations" means any alteration which, within the limits

of the applicability of the authorisation, may in the opinion of the

Regulator reasonably affect the operation of an authorised facility and

includes the addition, change, removal, repair, replacement or

cessation of use of any equipment, whether electrical or mechanical;

"Member State" means a member state of the European Union;

"the Minister" means the Minister responsible for resources;

"motor spirit" means an oil used in spark ignition engines of

which 90% or more by volume, including losses distils at 210°C;

"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

t hereto co ul d no t h ave be en issued o r tak en un der no rm al

circumstances but for such overriding reasons relating to public

interest which include 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 the recipients of services;

(e) consumer protection;

(f)

the prevention of unfair competition;

(g) the prevention of fraud; and

(h) the protection of the environment;

"person" includes an individual, an undertaking, a body or other

association of persons, whether such body or association is a

juridical person or not;

"petrol" means any volatile mineral oil intended for the operation of

internal combustion positive-ignition engines for the propulsion of

vehicles as defined in Regulation (EEC) 2658/87 and as may be

amended from time to time;

"petroleum" has the same meaning as under the Act, but shall

not include those products listed in the Fourth Schedule

Provided that "petroleum" may be differently defined in

any authorisation issued by the Regulator as the case may be;

"portable cylinders" or "cylinders" means transportable

containers suitable for use with LPG and which conform to the

Transportable Pressure Equipment Regulations;

"premises" means land and the improvements on it, a building,

store, shop, apartment, laboratory or other designated permanent

structure in a specific location;

"primary storage facility" means an authorised facility approved

by the Regulator to store petroleum products, whether onshore or

offshore, which falls within the scope of the Control of Major

Accident Hazard Regulations and, or any storage facility used for

wholesale purposes, or any other storage facility designated to this

end by the Regulator;

"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

Provided that whenever the Regulator is required to

exercise its functions under these regulations in relation to offshore

storage facilities, the Regulator shall act in collaboration with the

authority responsible for maritime matters;

"release for consumption" shall have the same meaning as under

the Excise Duty Act;

"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;

"SM EN 228 petrol" means fuel which is compliant with the

requirements and test methods approved and endorsed by the Malta

Competition and Consumer Affairs Authority in relation to the

quality of unleaded petrol for automotive use;

"SM EN 590 diesel" means fuel which is compliant with the

requirements and test methods approved and endorsed by the Malta

Competition and Consumer Affairs Authority in relation to the

quality of diesel for automotive use;

"SM EN 14214" means the requirements and test methods

specified by the European Committee for Standardisation in

relation to the quality of fatty acid methyl esters (FAME) for diesel

engines for automotive use;

"SM EN 15376" means the requirements and test methods

specified by the European Committee for Standardisation in

r e l a t i o n t o e t h a n o l as a b l e n d i n g c o m p o n e n t f o r p e t r o l f o r

automotive use;

"SM EN 15940" means the requirements and test methods

specified by the European Committee for Standardisation in

relation to the quality of paraffinic diesel fuel from synthesis or

hydrotreatment for automotive use;

"starch-rich crops" means crops comprising mainly cereals,

regardless of whether the grains alone or the whole plant, such as in

the case of green maize, are used; tubers and root crops, such as

potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and

corm crops, such as taro and cocoyam;

"transfer" includes any trade or sale whether by retail or by

wholesale, or donation;

"the Treaty" means the Treaty establishing the European

Community;

"undertaking" shall have the same meaning as provided for in the

Competition Act;

"wholesaler" means any person who in terms of an authorisation

issued by the Regulator acquires, possesses, blends or handles

petroleum for the purposes of re-sale in bulk to retailers and

excluding final consumers.

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Substituted by

L.N. 426 of 2007;

Regulation 11(2)

L.N. 33 of 2010.

Amended by

L.N. 68 of 2011;

L.N. 100 of 2912

Authorisation fee payable in respect of a

Authorisation to carry out the activity of an importer and, or wholesaler of

petroleum

The applicable authorisation fee for carrying out the activity of an importer and, or

wholesaler of petroleum in the inland market is of €2,329 per annum and of

€0.001750 per litre of imported fuel.

Authorisation to operate a primary storage facility

The applicable authorisation fee for operating a primary storage facility is

(a) €1,500 per annum in the case of a primary storage facility which does not

exceed six tonnes capacity, but in the case of a primary storage facility of

LPG such amount of authorisation fee shall be applicable when the capacity

does not exceed two tonnes;

(b) €2,500 per annum in the case of a primary storage facility which does not

exceed 2,500 tonnes, but in the case of a primary storage facility of LPG

such authorisation fee shall be applicable when the capacity does not

exceed 50 tonnes;

(c) €5,000 per annum in the case of a primary storage facility which exceeds

the capacities mentioned in paragraph (b) but which does not exceed 25,000

tonnes capacity;

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

(d) €10,000 per annum in the case of a primary storage facility which

exceeds 25,000 tonnes but which does not exceed 100,000 tonnes

capacity;

(e) €15,000 per annum in the case of a primary storage facility which exceeds

100,000 tonnes capacity.

Authorisation to carry out the activity of bottling of LPG

The applicable authorisation fee for carrying out the activity of bottling of LPG is

of €2,329.

(1) The following operations and activities shall require

an authorisation

(a) the acquisition, importation, transfer, possession,

keeping, blending, bottling, wholesaling or the lending

or giving to a person of any petroleum products, and

(b) the carrying out of the activity of an importer and, or

wholesaler of petroleum or the operating of a primary

storage facility or the bottling of LPG.

(2) The provisions of subregulation (1) shall not apply to any

of the following activities or operations

(a) the bona fide possession and keeping of a quantity of

less than 300 litres of petroleum for private use

Provided that in the case of quantities of motor spirit

and aviation fuel (aviation spirit and jet-fuel of the

gasoline type) exceeding 60 litres, the Regulator shall

be notified of the aforesaid types of petroleum

intended to be stored, which shall be stored in

accordance with approved guidelines or codes of

practice;

(b) the bona fide possession and keeping of a quantity of

less than 150 kg of LPG or five interconnected

portable cylinders, whichever is the lower;

(c) the bona fide possession and keeping of petroleum in

the holding tank of a vehicle exclusively for the

purposes of propelling such vehicle; and

(d) the bona fide importation and keeping of a quantity of

less than 25 litres of petroleum for the exclusive use of

testing in a laboratory

Provided that the importation of a greater amount for

testing purposes may be authorised by the Regulator;

(e) the importation and wholesaling of petroleum in a

calendar year in quantities not exceeding the amounts

per type mentioned in the Fifth Schedule

Provided that the person importing or wholesaling such

petroleum shall submit to the Regulator a signed declaration in the

form and manner established by the Regulator, that the amounts to

be imported in the particular calendar year shall not exceed the

amounts stated in the Fifth Schedule

Provided further that the person making such a declaration

in terms of the foregoing, shall pay to the Regulator a yearly

administrative fee of five hundred euro (€500) together with the

declaration and shall make in favour of the Regulator a bank

guarantee of not less than two thousand euro (€2,000) which bank

guarantee shall be paid in favour of the Regulator in case the

declaration is found by the Regulator to be incorrect, false and, or

incomplete.

Substituted by

L.N. 100 of 2012,

Regulation 30(1)

Gas Oil falling within CN Code 2710.19.45.00 shall be marked with CI Solvent

Yellow 174 dye added in not less than such a quantity that gives a colour intensity when

measured in a spectrophotometer at 430 ± 10nm, corresponding to 5 mg of CI Solvent

Yellow 174 as defined in the Colour Index per litre of mineral oil.

(1) The Regulator may, in terms of these regulations, grant

an authorisation and, or authorisations for the

(a) carrying out of the activity of an importer and, or

wholesaler of petroleum;

(b) operation of a primary storage facility;

(c) bottling of LPG

Provided that such provider in whose favour an

authorisation is granted, shall satisfy any such conditions as may be

specified in the authorisation, these regulations and any other

applicable laws.

(2) Notwithstanding the generality of the foregoing the

Regulator may grant such other types of authorisations as may be

necessary.

Added by

L.N. 33 of 2010.

Regulation 2, 11

Product

CN CODE

Comment as Listed in CN CODE

Benzol (benzene)

2707 10 90

For purposes other than as a power or heating fuel

Toluol (toluene)

2707 20 90

For purposes other than as a power or heating fuel

Xylol (xylenes)

2707 30 90

For purposes other than as a power or heating fuel

O t h e r a r o m a t i c 2707 50 90

For purposes other than as a power or heating fuel

hydrocarbon

mixtures of which

65% or more by

volume (including

losses) distils at

250ºC by the ASTM

D 86 method

Phenols

2707 60 00

Creosote oils

2707 91 00

Sulphuretted

2707 99 30

toppings

Basic products

2707 99 50

Anthracene

2707 99 70

L i g h t o i l s a n d 2710 11 11

For undergoing a specific process

preparations

L i g h t o i l s a n d 2710 11 15

For undergoing chemical transformation by a process

preparations

other than those specified in respect of subheading 2710

11 15

White Spirit

2710 11 21

Medium oils

2710 19 11

For undergoing a specific process

Gas oils

2710 19 31

For undergoing a specific process

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Product

CN CODE

Comment as Listed in CN CODE

Gas oils

2710 19 35

For undergoing chemical transformation by a process

other than those specified in respect of subheading 2710

19 31

L u b r i c a t i n g o i l s ; 2710 19 71

For undergoing a specific process

other oils

L u b r i c a t i n g o i l s ; 2710 19 75

For undergoing chemical transformation by a process

other oils

other than those specified in respect of subheading 2710

19 71

Liquids

f o r 2710 19 81

hydraulic purposes

Motor

oils,

c o m p r e s s o r l u b e 2710 19 83

oils, turbine lube

oils

Whit e oils, li quid 2710 19 85

paraffin

G e a r o i l s a n d 2710 19 87

reductor oils

Metalworking

2710 19 91

compounds,

mould-release oils,

anti-corrosion oils

Electrical insulating

oils

2710 19 93

Other lubricating

oils and other oils 2710 19 99

Propane

2711 12 11

For purposes other than as a power or heating fuel

Butanes

2711 13 10

For undergoing a specific process

Butanes

2711 13 30

For undergoing chemical transformation by a process

other than those specified in respect of subheading 2710

13 10

Ethylene,

2711 14 00

propylene,

buthylene

and

butadiene

P e t r o l e u m j e l l y ; 2712 10 10

Crude

Petroleum jelly;

Other

2712 10 90

Paraffin

w a x 2712 20 10

Synthetic paraffin wax of a molecular weight of 460 or

containing

by

more but not exceeding 1 560

weight less than

0,75% of oil

Paraffin

w a x 2712 20 90

Other

containing

by

weight less than

0,75% of oil

Bitumen

a n d 2714 10 00

Bituminous or oil-shale and tar sands

asphalt, natural;

bituminous or oil-

shale and tar sands;

asphaltites and

asphaltic rocks

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Product

CN CODE

Comment as Listed in CN CODE

Bitumen

a n d 2714 90 00

Other

asphalt, natural;

bituminous or oil-

shale and tar sands;

asphaltites and

asphaltic rocks

Bituminous

2715 00 00

mixtures based on

natural asphalt, on

natural bitumen, on

petroleum bitumen,

on mineral tar or on

mineral tar pitch

(for

example,

bituminous mastics,

cut-backs)

(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 Storage Regulations, 1955 * 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 the grant of a new authorisation

Provided that any such person shall apply for a new

applicable authorisation as listed in regulation 4(1), to the

Regulator within two months from the day of the sending of a

notice by the Regulator to apply for such an authorisation

Provided further that any such person shall comply with

such authorisation conditions as established in the new

authorisation that shall be issued by the Regulator with effect from

such date that the Regulator shall establish.

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

regulations is operating the business of an importer and wholesaler

of petroleum and, or, bottler of LPG and, or operator of a primary

storage facility

(a) may continue to perform the business of an importer

and, or wholesaler of petroleum and, or bottler of LPG

and, or operator of a primary storage facility

Provided that such person applies for an authorisation

under these regulations within one month from the

coming into force of these regulations; and

(b) shall comply with such authorisation conditions as

established in the new authorisation that may be issued

by the Regulator with effect from the date that the

Regulator may establish.

(3) In the period between the date when these regulations or

parts thereof come into force and the date when the new

authorisations come into effect, the authorised provider shall

follow all directions and conditions that the Regulator may set

*Revoked by these regulations.

Provided that when such conditions are inconsistent with

the authorisation then in force, the new conditions shall prevail.

(4) 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.

(5) The Regulator may require existing operators to upgrade

their authorised facility and activities up to approved standards and

codes of practice, according to a mutually-agreed time-table

concluded with each authorised provider

Provided that if there exists an imminent or severe safety

hazard, the authorised provider shall of his own motion remove

such hazard, and thereafter notify the Regulator of such removal

Provided further that the Regulator may in its discretion

prescribe special transitory authorisation conditions after taking

due regard of the existing situation.

(6) 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 Regulator 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.

(7) Any fees applicable to the new authorisation shall apply pro

rata temporis from the date of issue till the 31st December, 2007.

Added by

L.N. 33 of 2010.

Regulation 3(e)

Amended by

XXV. 2015.41.

The importation and wholesaling of 20,000 litres of motor spirit during the course

of one calendar year is exempt from the requirement of obtaining an authorisation in

terms of these regulations.

The importation and wholesaling of 1500 kgs of liquefied petroleum gas in

cartridges and similar small containers during the course of one calendar year is

exempt from the requirement of obtaining an authorization in terms of these

regulations.

Any person who is so exempt shall still be bound to observe any applicable

regulation, decision or directive of the Regulator.

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

(1) Authorisations shall be issued by the Regulator 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 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,

shall continue in force for such period as may be specified in, or

determined by or under the authorisation.

(3) Nothing in these regulations shall prohibit the Regulator

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

activity of an importer and, or wholesaler of

petroleum;

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

primary storage facility;

(c) thirty years in the case of an authorisation for the

bottling of LPG.

(5) An authorisation issued by the Regulator under these

regulations shall not exempt the authorised provider from the

requirement of obtaining any other authorisation or permit as may

be required under any other law.

Added by

L.N. 68 of 2011.

Regulation 33(1)

Substituted by

L.N. 427 of 2016;

L.N. 337 of 2019;

L.N. 336 of 2021.

D

A

B

C

Minimum

Minimum

MAXIMUM

MAXIMUM

biofuel content

advanced biofuel

(%) share of

(%) share of

expressed as a

content expressed as

biofuels and

high indirect

percentage

a percentage amount

bioliquids,

land- use

amount (%) to be

(%) to be released to

where

change-risk

released to the

the inland market by

produced

biofuels,

inland market by

the importer of SM

from food

bioliquids or

the importer of

EN 228 petrol and,

and feed

biomass fuels

SM EN 228

or SM EN 590

crops,

produced from

petrol and, or SM

diesel calculated in

expressed as

food and feed

EN 590 diesel

accordance with the

a percentage

crops for

calculated in

methodology in this

amount (%)

which a

accordance with

Schedule

to be released

significant

the methodology

to the inland

expansion of

in this Schedule

market by the

the production

importer of

area into land

SM EN 228

with high-

petrol and, or

carbon stock is

SM EN 590

observed,

diesel

expressed as a

calculated in

percentage

accordance

amount (%) to

with the

be released to

methodology

the inland

in this

market by the

Schedule

importer of

SM EN 228

petrol and, or

SM EN 590

diesel

calculated in

accordance

with the

methodology

in this

Schedule

% share released

Equal to or

in 2020 + 1% up

less than share

to a maximum of

of such fuels

7%

released in

10.5%

0.1%

2019. PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

% share released

Equal to or

in 2020 + 1% up

less than share

to a maximum of

of such fuels

7%

released in

11.0%

0.2%

2019. % share released

Equal to or

in 2020 + 1% up

less than share

to a maximum of

of such fuels

7%

released in

11.0%

0.2%

2019. % share released

0%

in 2020 + 1% up

to a maximum of

11.5%

0.5%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

12.0%

1.0%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

12.5%

1.5%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

13.0%

2.0%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

13.0%

2.5%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

13.5%

3.0%

7%

% share released

0%

in 2020 + 1% up

to a maximum of

14.0%

3.5%

7%

Calculation method

The minimum amounts of biofuel expressed as a percentage amount (%) which

shall be released for consumption in the inland market pre-blended with the SM EN 228

petrol and, or SM EN 590 diesel, or pre-blended with fuel supplied to the aviation and

maritime sectors, and calculated by the energy content shall be

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Where

Energy bio = (a) + (b) + 1.2(c)

And

Energy bioroad = (a) where

(a)

Shall be the energy content contribution of biofuels supplied to the

road transport sector;

(b)

Shall be the energy content contribution of biofuels from food and

feed crops supplied to the aviation and maritime sectors; and

(c)

Shall be the energy content contribution of biofuels not from food

and feed crops supplied to the aviation and maritime sectors;

And where

( * )

The energy contribution arising from feedstocks listed in Part One and Part

Two of the Eighth Schedule shall be considered to be twice the energy content of said

feedstocks.

( + )

Only energy content of SM EN 228 petrol and SM EN 590 diesel used in

road transport shall be counted.

The share of energy in fuel released in the inland market by the importer of SM

EN 228 petrol and, or SM EN 590 diesel which shall be met with biofuels produced from

feedstocks listed in Part One of the Eighth Schedule shall be the number of percentage

points indicated in Column C and shall be calculated as follows

Where

Energy advanced shall be the energy content of biofuels produced from feedstocks

listed in Part One of the Eighth Schedule supplied to the road transport, aviation and

maritime sectors;

Energy bioroad shall be the energy content of biofuels supplied to the road transport

sector;

and where

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

( + ) Only energy content of SM EN 228 petrol and SM EN 590 diesel used in

road transport shall be counted.

This cap shall not apply to fuels types which are identified as being high indirect land-use change-risk bio-

fuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of

the production area into land with high-carbon stock is observed, in line with Commission Delegated Regu-

lation (EU) 2019/807, but which are certified to be low indirect land-use change- risk biofuels, bioliquids or

biomass fuels in line with the provisions of the same regulation.

(1) In the case of an authorisation to operate a primary

storage facility, each authorised f acility will 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 provider shall be responsible for the authorisation and

for the observance of the authorisation conditions.

(2) In the case of the authorisation for the bottling of LPG, the

authorisation shall authorise the authorised provider to store LPG

in bulk, bottle, wholesale and retail LPG contained in portable

cylinders.

(3) The grant of an authorisation in accordance with these

regulations shall not be construed as authorising the authorised

p r o v i d e r t o c o n d u c t a n y a c t i v i t y o r o p e r a t i o n , h o w e v e r so

described, in relation to biofuels

Provided that the Regulator 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

Regulator may impose any such conditions it may consider

appropriate in the circumstances.

Added by

L.N. 68 of 2011.

Regulation 33(2)

Substituted by

L.N. 336 of 2021.

Energy content

Energy content

by weight

by volume

Fuel

(lower calorific

(lower calorific

value, MJ/kg)

value, MJ/l)

FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS

Bio-Propane

Pure vegetable oil (oil produced

from oil plants through pressing,

extraction

or

comparable

procedures, crude or refined but

chemically unmodified)

Biodiesel - fatty acid methyl ester

(methyl-ester produced from oil

of biomass origin)

Biodiesel - fatty acid ethyl ester

(ethyl-ester produced from oil of

biomass origin)

Biogas that can be purified to

—

natural gas quality

Hydrotreated (thermochemically

treated with hydrogen) oil of

biomass origin, to be used for

replacement of diesel

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Hydrotreated (thermochemically

treated with hydrogen) oil of

biomass origin, to be used for

replacement of petrol

Hydrotreated (thermochemically

treated with hydrogen) oil of

biomass origin, to be used for

replacement of jet fuel

Hydrotreated

oil

(thermochemically treated with

hydrogen) of biomass origin, to

be used for replacement of

liquefied petroleum gas

Co-processed oil (processed in a

refinery simultaneously with

fossil fuel) of biomass or

pyrolysed biomass origin to be

used for replacement of diesel

Co-processed oil (processed in a

refinery simultaneously with

fossil fuel) of biomass or

pyrolysed biomass origin, to be

used to replace petrol

Co-processed oil (processed in a

refinery simultaneously with

fossil fuel) of biomass or

pyrolysed biomass origin, to be

used to replace jet fuel

Co-processed oil (processed in a

refinery simultaneously with

fossil fuel) of biomass or

pyrolysed biomass origin, to be

used

to

replace

liquefied

petroleum gas

RENEWABLE FUELS THAT CAN BE PRODUCED

FROM

VARIOUS

RENEWABLE SOURCES, INCLUDING BIOMASS

Methanol from renewable sources

Ethanol from renewable sources

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

Propanol from renewable sources

Butanol from renewable sources

Fischer-Tropsch

diesel

(a

synthetic hydrocarbon or mixture

of synthetic hydrocarbons to be

used for replacement of diesel)

Fischer-Tropsch

petrol

(a

synthetic hydrocarbon or mixture

of

synthetic

hydrocarbons

produced from biomass, to be

used for replacement of petrol)

Fischer-Tropsch jet fuel (a

synthetic hydrocarbon or mixture

of

synthetic

hydrocarbons

produced from biomass, to be

used for replacement of jet fuel)

Fischer-Tropsch

liquefied

petroleum gas (a synthetic

hydrocarbon or mixture of

synthetic hydrocarbons, to be

used for replacement of liquefied

petroleum gas

DME (dimethylether)

Hydrogen

from

renewable

—

sources

ETBE

(ethyl-tertio-butyl-ether

36 (of which 37%

27 (of which 37%

produced on the basis of ethanol)

from

renewable

from

renewable

sources)

sources)

MTBE (methyl-tertio-butyl-ether

35 (of which 22%

26 (of which 22%

produced on the basis of

from

renewable

from

renewable

methanol)

sources)

sources)

TAEE (tertiary-amyl-ethyl-ether

38 (of which 29%

29 (of which 29%

produced on the basis of ethanol)

from

renewable

from

renewable

sources)

sources)

TAME

(tertiary-amyl-methyl-

36 (of which 18%

28 (of which 18%

ether produced on the basis of

from

renewable

from

renewable

methanol)

sources)

sources)

THxEE

(tertiary-hexyl-ethyl-

38 (of which 25%

30 (of which 25%

ether produced on the basis of

from

renewable

from

renewable

ethanol)

sources)

sources)

THxME (tertiary-hexyl-methyl-

38 of which 14%

30 (of which 14%

ether produced on the basis of

from

renewable

from

renewable

methanol)

sources)

sources)

FOSSIL FUELS

Petrol

Diesel

(1)

Any person who wishes to -

(a) carry out the activity of an importer and, or wholesaler

of petroleum; or

(b) operate a primary storage facility; or

(c) bottle LPG,

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 established in the First

Schedule shall be paid to the Regulator with the authorisation

application.

Added by

L.N. 336 of 2021.

Regulation 33(3)

Part One - Feedstocks for the production of biogas for transport and

advanced biofuels, the contribution of which towards the minimum shares referred

to in regulation 33 may be considered to be twice their energy content

(a)

Algae if cultivated on land in ponds or photobioreactors;

(b)

Biomass fraction of mixed municipal waste, but not separated

household waste subject to recycling targets under paragraph (a) of item 12 of

Schedule 5 of the Waste Regulations;

(c)

Biowaste as defined in regulation (4) of the Waste Regulations from

private households subject to separate collection as defined in regulation 4 of the

aforesaid regulations;

(d)

Biomass fraction of industrial waste not fit for use in the food or

feed chain, including material from retail and wholesale and the agro-food and

fish and aquaculture industry, and excluding feedstocks listed in Part Two of this

Schedule;

(e)

Straw;

(f)

Animal manure and sewage sludge;

(g)

Palm oil mill effluent and empty palm fruit bunches;

(h)

Tall oil pitch;

(i)

Crude glycerine;

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES

(j)

Bagasse;

(k)

Grape marcs and wine lees;

(l)

Nut shells;

(m)

Husks;

(n)

Cobs cleaned of kernels of corn;

(o)

Biomass fraction of wastes and residues from forestry and forest-

based industries, namely, bark, branches, pre- commercial thinning, leaves,

needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre

sludge, lignin and tall oil;

(p)

Other non-food cellulosic material;

(q)

Other ligno-cellulosic material except saw logs and veneer logs.

Part Two - Feedstocks for the production of biofuels and biogas for transport,

the contribution of which towards the minimum share established in regulation 33

may be considered to be twice their energy content

(a)

Used cooking oil;

(b) Animal fats classified as categories 1 and 2 in accordance with Regulation (EC)

No 1069/2009.

(1) The Regulator shall establish its procedure for the

purposes of determining an application for

(a) an authorisation to carry out the activity of an importer

and, or wholesaler of petroleum;

(b) an authorisation to operate a primary storage facility;

(c) an authorisation for the bottling of LPG.

(2) The Regulator shall communicate to the applicant in

writing within a reasonable time, which reasonable time shall not

be of more than three 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 renewal of the authorisation in such form and

manner as the Regulator may require shall be submitted in writing

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

authorisation expires.

(2) The Regulator 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

Regulator considers to be reasonably justified in the circumstances.

(1) The first authorisation fee shall be paid by the

authorised provider within thirty days upon granting of the

authorisation, and thereafter every year on the anniversary of the

grant of such authorisation or any other date as the Regulator may

reasonably establish.

(2) The amount of the authorisation fee shall be according to

the Second Schedule to these regulations and shall be paid to the

Regulator together with an application for an authorisation.

(3) If any authorisation fee payable under subregulation (2) is

not paid within thirty days, the Regulator shall after the lapse of

such time, communicate with the authorised provider whose

authorisation fee has not so been paid informing him about his

failure to pay such fee.

(4) The 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 provider whose

authorisation fee has not so been paid.

A person authorised to carry out the activity of an

importer and, or of a wholesaler of petroleum shall pay to the

Regulator a regulation charge on every litre and, or kilogram of

imported fuel as may be specified in terms of these regulations

and, or authorisation conditions

Provided that a regulation charge shall not be due on the

fuels included in the Fourth Schedule.

(1) If any authorisation fee is not paid within thirty days

after the date upon which the communication as aforesaid in

regulation11(4) has been sent by registered post, the authorisation

to which it relates shall cease to be in force, and if the authorised

provider to whom it was granted wishes again to carry out the

activity of an importer and, or wholesaler of petroleum, to operate a

primary storage facility or to bottle LPG, he shall then be required

to apply for a new authorisation.

(2) In considering any such application, the Regulator 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 Regulator.

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, 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 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

consumers at the facility concerned and the extent to

which the interests of consumers shall be served;

(i)

the possibility of a monopolistic or an oligopolistic

condition in the inland wholesale petroleum market,

detrimental to the public interest being created or

aggravated, and the extent to which fair and reasonable

competition in the retail of petroleum could be

affected;

(j)

any other matter relevant to the orderly provision, of

petroleum in Malta; and

(k) the public interest in general.

The Regulator has the right to refuse a request for an

authorisation or, if an authorisation has been issued, a request for

the renewal of an authorisation, on the grounds that

(a) the Regulator considers that the request does not meet

one or more of criteria referred to in regulation 13; 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 such 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

Provided further that in case of 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 whatsoever, that the Regulator has tacitly granted such

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) Each of the individual authorisations described in

regulation 4(1) shall have a minimum set of general conditions

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(3) The authorised provider shall at all times comply with these

regulations and with the conditions of his authorisation.

(4) The authorised provider shall inform the Regulator of any

changes relating to his activity which result in the conditions for

h i s a u t h o r i s a t i o n n o l o n g e r b e i n g m e t a n d t he c r e a t i o n o f

subsidiaries whose activities fall within the scope of the

authorisation and, or the authorisation scheme.

(5) The conditions included in the authorisation may contain,

but not necessarily be limited to, provisions regarding

(a) the grant and term of the authorisation;

(b) suspension, variation and transfer conditions of the

authorisation;

(c) compliance requirements to conditions, directions,

management letters, standards, guidelines, codes of

practice or rules given by the Regulator or as may be

established at law;

(d) the obligations of the authorised provider, including

but not limited to consumer service obligations, and

holding of minimum security stocks of petroleum;

(e) support to the long term energy plan of 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 the products;

(g) monitoring and recording of the authorised operations;

(h) reporting, auditing and submission of information to

the Regulator;

(i)

inspection, making of copies and taking of extracts

from books and records held by the authorised

provider and carrying out of measurements and tests in

relation to any facility, assets or plant provided these

are carried out by an approved inspector;

(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

Provided that the Minister may give directions of a policy

nature to the Regulator in relation to any of the above.

(6) Any person

granted

an

authorisation

under

these

regulations shall

(a) comply with any direction given by the Regulator 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 for the purposes of complying with any

international obligation of Malta.

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

authorised facility in which petroleum is imported, stored, blended,

bottled, dispensed, wholesaled, or is under transport and 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 if they are in accordance with the

conditions as prescribed in the authorisation.

(2) Every inspector of the Regulator so authorised shall at all

reasonable times be allowed unrestricted access to the authorised

facility, for the purpose of ascertaining whether the conditions

attached t o the authorisation a re bein g d uly ob se r ved . Th e

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 other

information about all petroleum transactions permitted under the

authorisations being in force and to keep originals of all audited

accounts at their principal place of business for the purpose of

auditing by the Regulator. The Regulator may make copies or take

extracts of such records

Provided that the Regulator shall treat as confidential any

information obtained from the authorised provider which the

authorised provider 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 to do so by law or by a court order.

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

regarding activities and statistics related to petroleum.

(1) No person can burn, combust or offer for sale or lend

or transfer petroleum products other than those permitted by law.

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

authorised facility and, or any vehicle in which petroleum is being

imported, stored, blended, bottled, dispensed, wholesaled or is

under transport and to take samples for testing of any petroleum

found therein.

(3) During the course of inspection the authorised provider

shall give all reasonable assistance which such inspectors may

require for that purpose. The authorised provider shall not be

entitled to any compensation with regard to any samples lifted.

(4)

The Regulator may issue guidelines

(a) relating to the taking of samples of petroleum for

testing;

(b) determining the cases, for which payment shall be

made, for value of samples taken, and the mode of

payment thereof; and

(c) relating to the procedure of inspectors exercising

powers under this regulation.

(1) Without prejudice to any other provisions of these

regulations or any other law, all new authorisation facilities have to

be designed and constructed according to standards prescribed by

the Regulator and, or any other authority competent at law.

(2) Once the design and construction have been carried out, a

competent person must submit in writing a certification that all

standards and safety requirements imposed on the authorised

facility have been abided to

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.

(1) The authorised provider shall not undertake or permit

to be undertaken any material alterations to the authorised facility,

unless the written consent of the Regulator has been obtained.

(2) The approved consent to the material alterations by the

Regulator under these regulations shall not exempt 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, 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.

(6) The Regulator may, subsequent to the material alterations

referred to in subregulation (5) send an inspector to perform an

assessment inspection of the authorised facility.

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 provider has failed or is failing to abide

by any conditions of the authorisation or to abide by

these regulations; or

(b) the authorised provider does not possess all other

relevant permits and authorisations that are issued by

any other public authority; or

(c) the authorised provider is

contravening

any

requirement imposed by law; or

(d) the authorised provider fails to comply with any

directive given by the 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)

the authorised provider does not meet the criteria in

respect of one or more of the criteria referred to in

regulation 13

Provided that in exercising its powers of suspension,

revocation or cancellation of authorisations, the Regulator may

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

authorised provider is taking the appropriate steps which the

Regulator considers are 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 in this regulation,

the Regulator may at any time in the course of the period for which

the authorisation is valid, modify, amend, replace, add or delete the

conditions of the authorisation as it considers requisite or suitable.

(2) Before making any amendments, replacements, additions or

deletions to the authorisation, the Regulator shall

(a) in accordance with the provisions of subregulation (3)

communicate such amendments, replacements,

additions or deletions to the authorisation it proposes

to make;

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

additions or deletions are being proposed;

(c) specify the period (not being less than one month from

the date of publication of the notice) within which

representations or objections have to be made in

respect of the proposals being made

Provided that the Regulator in doing so shall consider any

representations made.

(3)

The notice referred to in subregulation (2) shall be

(a) brought to the attention of the Minister and the

authorisation holders;

(b) brought to the public’s attention by the publication of a

notice in the Gazette.

(1) When an authorised provider decides either to suspend

or terminate his authorisation to carry out the activity of an

importer and, or wholesaler of petroleum or to operate a primary

storage facility or to bottle LPG, the authorised provider shall

promptly notify the Regulator in the form prescribed by the

Regulator.

(2) Upon notification of any such suspension or termination the

authorised provider is obliged to notify the Regulator and to

continue to operate for a minimum period of

(a) twelve months in the case of the authorisation to carry

out the activity of an importer and, or wholesaler of

petroleum;

(b) twelve months in the case of the authorisation to

operate a primary storage facility;

(c) eighteen months in case of the authorisation for the

bottling of LPG.

(3) Upon termination of the period described in subregulation

(2), the authorisation to carry out the activity of an importer and, or

wholesaler of petroleum, the authorisation to operate a primary

storage facility and the authorisation for the bottling of LPG shall

be considered to have ceased and with immediate effect from such

a date the importer and, or wholesaler ’s business, the primary

storage facility and the bottling of LPG business shall be deemed to

be unauthorised.

(4) Notwithstanding any notification for cessation listed in

subregulations (1) and (2), the authorised provider 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 criteria

as listed in regulation 13 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 shall prescribe;

(b) the Regulator is satisfied that at least the same criteria

as listed in regulation 13 are abided by;

(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 authorisations issued in terms of these

regulations shall be an indivisible right

Provided further 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 death of the

decujus.

The Regulator may, in the general interest, impose as an

authorisation condition on any authorised provider granted an

authorisation to provide a public service obligation under these

regulations, to supply any service, in any specified form, to any

final consumer 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 Regulator and that these costs may be recovered as

specified by the Regulator.

All authorisations issued in terms of these regulations are

to be accompanied by an insurance policy taken by the authorised

provider to the satisfaction of the Regulator.

The authorised provider shall co-operate in any scheme

promoted by a competent authority, designed to ensure that the

maximum fire-fighting efficiency for the sector, at a national co-

operative level is achieved.

The holder of an authorisation to carry out the activity of

an importer and, or wholesaler of petroleum cannot discriminate

between operators solely on the basis of any particular method or

technology of distribution of petroleum to the public, if the

aforementioned method or technology is of a good and safe service

to the public.

In the event of a crisis in the supply of petroleum, the

Regulator, in performance of its mandate to secure all reasonable

demands for the provision of such resource, may take possession

of, or compulsorily acquire such petroleum stocks as it may deem

fit or order the possessor to dispose of them as directed

Provided that possessors of such petroleum stocks shall be

compensated in the ordinary course of events.

(1) The Regulator may require any petroleum product to

be marked with a dye and, or marker and, or an additive added as it

may so specify in terms of these regulations and, or as required

under any other law.

(2) The Regulator may require any authorised provider to

install and operate at his own expense, any equipment which the

Regulator may require to be installed for the proper dosing of any

dye and, or marker and, or additive.

The Administrative Review Tribunal established by article 5

of the Administrative Justice Act shall have jurisdiction to hear and

determine appeals from decisions of the Regulator made under these

regulations.

(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.

(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, which amounts shall be calculated in accordance

with the methodology provided in the same Schedule

Provided that, the aforesaid obligation shall be

incumbent only on the importer who releases for consumption for

excise tax purposes the SM EN 228 petrol and SM EN 590 diesel.

(2)

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

Provided that for the purposes of sub-regulations (3) and

(4) and the calculation of the energy content of the substituted biofuels,

the energy content of biofuels produced from the feedstock listed in

Part One and Part Two of the Eighth Schedule shall be considered to

be twice its energy content.

(3)

The biofuels shall be released for consumption to the

inland market pre-blended with the SM EN 228 petrol and, or SM

EN 590 diesel, and may also be released pre-blended with fuel

supplied to the aviation and maritime sectors.

Provided that for the purposes of SM EN 590 diesel, the

fatty acid methyl-ester (FAME) shall be in compliance with SM EN

14214 and the paraffinic diesel shall be in compliance with SM EN

15940 and that for the purpose of SM EN 228 petrol, the bioethanol

shall be in compliance with SM EN 15376

Provided further that the supplier shall be responsible to

ensure that the quality of biofuel added to fuel used for marine and

aviation purposes shall be in accordance with international and

commercial standards, applicable thereto.

(4)

Where biofuels are released pre-blended with fuel

supplied to the aviation and maritime sectors, for the purposes of this

regulation and the calculation of the biofuel amounts as provided for in

the Sixth Schedule, fuel supplied to the maritime sector shall be

considered to be limited to fuel supplied directly by the importer to

vessels engaged in inland and domestic navigation and fuel supplied to

the aviation sector shall be considered to be that fuel which is supplied

in Malta directly by the importer to aircraft for aviation purposes

Provided that, fuel supplied to the maritime sector shall

only be valid for the calculation of the biofuel amounts as provided for

in the Sixth Schedule only when the importer is also the holder of a

valid authorisation issued under the Bunkering (Authorisation)

Regulations.

(5) 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 in

compliance with the sustainability criteria set out in regulation 3 of the

Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria)

Regulations, and shall ensure these are audited and verified

according to the provisions of regulation 4 of the same 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 regulated by 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 by an inspector,

employee or officer of the Regulator in execution of

their duties in terms of these regulations;

(f)

hinders, obstructs, molests or interferes or attempts to

hinder, obstruct, molest or interfere with any inspector,

any employee or officer of the Regulator in the

execution of his duties in terms of these regulations;

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

regulations which is false, misleading or incorrect in

any material respect,

shall be guilty of an offence against these regulations and shall, on

conviction, be liable to imprisonment for not more than eighteen

months, or to a fine (multa) of not more than sixty-nine thousand

and eight hundred and eighty-one euro and twenty cents

(69,881.20), or to one thousand and three hundred and ninety-seven

euro and sixty-two cents (1,397.62) 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 and, or to undo anything which was done without an

authorisation.

(4) In the prosecution of 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 and, or to secure evidence

concerning any such offence.

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

criminal proceedings and, or any other proceedings that may be

instituted under any other law.

The Regulator 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

Regulator in ensuring compliance with these regulations.

PETROLEUM FOR THE INLAND (WHOLESALE) FUEL MARKET,

BOTTLING OF LPG AND PRIMARY STORAGE FACILITIES