PETROLEUM FOR THE INLAND (RETAIL) FUEL MARKET REGULATIONS (retail)

SUBSIDIARY LEGISLATION 545.22

PETROLEUM FOR THE INLAND (RETAIL)

FUEL MARKET REGULATIONS

29th January, 2010

LEGAL NOTICE 53 of 2010, as amended by Legal Notices 184 of 2012

and 134 of 2014; Act XXV of 2015; and Legal Notice 38 of 2017.

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

Inland (Retail) Fuel Market Regulations.

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

retail fuel market of petroleum.

These regulations are being made for the safeguarding of

the public interest and public safety. Any requirements contained

therein, including those relating to authorisations and to services,

are made for overriding reasons relating to public interest.

Regulation 2

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 h y d r o c a r b o n 2707 50 90 For purposes other than as a power

mixtures of which 65% or more

or heating fuel

by volume (including losses)

distils at 250ºC by the ASTM D

86 method

Phenols

2707 60 00

Creosote oils

2707 91 00

Sulphuretted toppings

2707 99 30

Basic products

2707 99 50

Anthracene

2707 99 70

Light oils and preparations

2710 11 11 For undergoing a specific process

Light oils and preparations

2710 11 15 F o r u n d e r g o i n g c h e m i c a l

transformation by a process 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

Gas oils

2710 19 35 F o r u n d e r g o i n g c h e m i c a l

transformation by a process other

than those specified in respect of

subheading 2710 19 31

Lubricating oils; other oils

2710 19 71 For undergoing a specific process

Lubricating oils; other oils

2710 19 75 F o r u n d e r g o i n g c h e m i c a l

transformation by a process other

than those specified in respect of

subheading 2710 19 71

Liquids for hydraulic purposes

2710 19 81

Motor oils, compressor lube oils, 2710 19 83

turbine lube oils

White oils, liquid paraffin

2710 19 85

Gear oils and redactor oils

2710 19 87

M e t a l w o r k i n g c o m p o u n d s , 2710 19 91

mould-release oils, anti-corrosion

oils

Electrical insulating oils

2710 19 93

PETROLEUM FOR THE INLAND (RETAIL) FUEL MARKET

Product

CN CODE Comment as Listed in CN CODE

Other lubricating oils and other 2710 19 99

oils

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 F o r u n d e r g o i n g c h e m i c a l

transformation by a process other

than those specified in respect of

subheading 2710 13 10

Ethylene, propylene, buthylene 2711 14 00

and butadiene

Petroleum jelly; Crude

2712 10 10

Petroleum jelly; Other

2712 10 90

P a r a f f i n w a x c o n t a i n i n g b y 2712 20 10 S y n t h e t i c p a r a f f i n w a x o f a

weight less than 0,75% of oil

molecular weight of 460 or more

but not exceeding 1 560

P a r a f f i n w a x c o n t a i n i n g b y 2712 20 90 Other

weight less than 0,75% of oil

B i t u m e n a n d a s p h a l t , n a t u r a l ; 2714 10 00 Bituminous or oil-shale and tar

bituminous or oil-shale and tar

sands

sands; asphaltites and asphaltic

rocks

B i t u m e n a n d a s p h a l t , n a t u r a l ; 2714 90 00 Other

bituminous or oil-shale and tar

sands; asphaltites and asphaltic

rocks

Bituminous mixtures based on 2715 00 00

natural asphalt, on natural

bitumen, on petroleum bitumen,

on mineral tar or on mineral tar

pitch (for example, bituminous

mastics, cut-backs)

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall apply.

(2)

In these regulations, unless the context otherwise requires

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

Act;

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

"assessment inspection" means an inspection carried out by a

competent person to check that an authorised facility is operated

and maintained according to such authorisation conditions and

guidelines as the Regulator may from time to time issue;

"authorisation" means any authorisation granted under these

regulations, and in relation to services and service providers it

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

decision concerning access to a service activity or the exercise

thereof;

"authorised facility" means a facility in respect of which an

authorisation has been issued under these regulations and includes

secondary storage facilities of petroleum and petroleum filling

stations and all buildings, tanks, pipework, pumps, dispensers,

electrical and electronic equipment, drainage, ancillary equipment,

forecourt area and any other asset within that part of the facility

relevant to the delivery, storage, dispensing and retail of petroleum;

"authorised person" means the holder of an authorisation issued

by the Regulator under these regulations, permitting such person to

operate a secondary storage facility of petroleum;

"authorised provider" means the holder of an authorisation

issued by the Regulator under these regulations, or a service

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

M e m b e r St a t e o f t h e E u r op e a n U n io n or a st a t e w h ic h i s a

participant to the European Economic Area, permitting such person

to operate a petroleum filling station and, or carry out the activity

of a fuel distributor;

"autogas" means LPG used for the propulsion of motor vehicles;

"biofuels" means liquid or gaseous fuel produced from biomass.

The term "biofuels" shall include biodiesels, biodimethylethers,

bioethanols, biogases, biohydrogens, biomethanols, bio-ETBEs,

bio-MTBEs, pure vegetable oils and synthetic biofuels;

"biomass" means the biodegradable fraction of products, waste

and residues from agriculture, including vegetal and animal

substances, forestry and related industries and also the

biodegradable fraction of industrial and municipal waste;

"boycott" means a concerted practice between persons consisting

in unilateral or collective action to cut off supplies or purchases to

or from a particular customer or retailer, or the application of

conditions to that customer or retailer which make continued

dealings impractical;

"Class" means the classification given to fuel according to their

flash points. For this purpose

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

21ºC;

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

21ºC but below 55ºC;

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

55ºC;

"CN codes" means the code numbers of the combined

nomenclature established by Regulation 2658/87 on the tariff and

statistical nomenclature and on the customs tariff;

"commercial site" means a site that is not open to the general public

but where automotive fuel is dispensed;

"competent person" means a person who is approved by the

Regulator and who

(a) practises the profession of an inġinier under the

Inġiniera Act; and

(b) 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;

"dispenser" means delivery equipment which includes a

volumetric measuring system which is to the satisfaction of the

Regulator, which may or may not include its own pumping system

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

vehicle and which is used to dispense fuel;

"establishment" means the actual pursuit of an economic activity

by a service provider for an indefinite period and through stable

infrastructure from where the business of providing services is

actually carried out;

"final consumer" means any natural or legal person purchasing

petroleum for private use;

"flash point" means the minimum temperature at which a liquid,

under specific test conditions, gives off sufficient flammable

vapour to ignite momentarily on the application of an ignition

source;

"fuel distributor" means the holder of an authorisation issued by

the Regulator under these regulation, permitting such person to

distribute petroleum to duly authorised facilities;

"fuel distribution vehicle" means a vehicle including its contents

as defined in the Motor Vehicle Carriage of Dangerous Goods by

Road) Regulations, designated for the purpose of distributing

petroleum to authorised facilities

Provided that in this case the word "petroleum" shall have

the same meaning as in that for a fuel distributor;

"inspector" means any employee or officer of the 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;

"LPG" shall have the same meaning as in the Liquefied

Petroleum Gas Market Regulations;

"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 safe operation of an

a u t h o r i s e d f a c i l i t y a n d i n c l u d e s c h a n g e , r e m o v a l , r e p a i r,

replacement or cessation of use of any equipment, whether

electrical or mechanical, which would affect the safe operation of

the authorised facility;

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

"the Minister" means the Minister responsible for resources;

"nozzle" means a device for controlling the flow of fuel during a

dispensing operation;

"overriding reasons relating to public interest" means reasons

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

and which reasons present a justification for the issue of an

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

other policy decision taken in terms of such authorisation, when

such authorisation, and, or condition and, or policy decision thereto

could not have been issued or taken under normal circumstances

but for such overriding reasons relating to public interest which

include any of the following grounds

(a) public policy, public security, public safety and public

health; provided that, these grounds shall be

interpreted within the meaning of Article 46 and

Article 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of recipients of services;

(e) consumer protection;

(f)

the prevention of fraud;

(g) the protection of the environment; and

(h) the prevention of unfair competition;

"person" means and includes an individual, an undertaking, a

body or other association of persons, whether such body or

association is corporate or unincorporate;

"petroleum" shall have the same meaning as under the Act but

shall not include those products listed in the First Schedule

Provided that

(a) for the purposes of an authorisation to operate a

secondary storage facility of petroleum, the word

petroleum excludes LPG;

(b) for the purposes of an authorisation to carry out the

activity of a fuel distributor, the word "petroleum"

excludes LPG both when transported in bulk or in

portable refillable cylinders;

(c) for the purposes of an authorisation to operate a

petroleum-filling station, the word petroleum excludes

autogas

Provided also that "petroleum" may be given a different

meaning in any authorisation issued by the Regulator as the case

may be;

"petroleum-filling station" means an authorised facility which has

been approved by the Regulator to store petroleum at a retail site or at

a commercial site, and which may be subject to any such conditions as

the Regulator may establish in the applicable authorisation;

"pipework" means all pipes, lines and fittings including joints

designed to carry fuel as liquids or vapour;

"portable refillable cylinders" means transportable, refillable

containers suitable for use of LPG and which conform to the

Transportable Pressure Equipment Regulations;

"primary storage facility" shall have the same meaning as in the

Petroleum for the Inland (Wholesale) Fuel Market Regulations;

"public service obligation" means any obligation imposed by the

Regulator on service providers or authorised providers to carry out

any activity which provides a service to final consumers for the

purpose of these regulations, and which service shall be carried out

at specified prices in the public interest;

"recipient" means any natural person who is a national of a

Member State, who benefits from rights conferred upon him by

community acts or any legal person established in a Member State,

who for professional or non-professional purposes, uses, or wishes

to use a service against non-economic considerations;

"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 a fuel

distribution vehicle, the Regulator shall act in collaboration with

the authority responsible for transport;

"retail" means the sale of petroleum to final consumers;

"retail site" means a site where the general public can purchase

automotive fuel;

"secondary storage facility of petroleum" means an authorised

facility

(a) used for the authorised person’s own exclusive use;

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

of the Petroleum for the Inland (Wholesale) Fuel

Market Regulations; and

(c) which is in excess of a lower limit of 300 litres

Provided that when a secondary storage facility of

petroleum consists of one or more tanks it may be construed by the

Regulator of consisting of a single secondary storage facility of

petroleum;

"service" means any self-employed activity performed for

economic considerations;

"service provider" means any natural person who is a national of

a Member State, or any legal person established in a Member State,

who offers or provide a service;

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

wholesale, or donation; and

"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)

Application fee payable in respect of an application for

Notification to operate a secondary storage facility of petroleum

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

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

Authorisation to operate a secondary storage facility of petroleum

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

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

Authorisation to operate a petroleum filling station

PETROLEUM FOR THE INLAND (RETAIL) FUEL MARKET

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

filling station is €500.

Authorisation to carry out the activity of a fuel distributor

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

activity of fuel distributor is €500.

The following operations and activities shall require an

authorisation

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

(b) the operation of a secondary storage facility of

petroleum; or

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

Regulation 11(2)

Authorisation fee payable in respect of an

Authorisation to operate a secondary storage facility of petroleum

The applicable authorisation fee for operating a secondary storage facility of

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

Authorisation to operate a petroleum filling station

The applicable authorisation fee for operating a petroleum filling station is €500

per annum and €50 per nozzle.

Authorisation to carry out the activity of a fuel distributor

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

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

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

an authorisation and, or authorisations for the

(a) operation of a petroleum-filling station;

(b) operation of a secondary storage facility of petroleum;

and

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

Provided that such person in whose favour an authorisation

is granted, shall satisfy any such conditions as may be specified in

the authorisation, these regulations and any other applicable laws.

(2) The storage of class 1 fuels in excess of 300 litres is

prohibited

Provided that such storage shall be allowed when an

authorisation for a primary storage facility under the Petroleum for

the Inland (Wholesale) Fuel Market Regulations is granted for such

use by the Regulator or such storage is allowed in terms of an

authorisation issued under these regulations for a petroleum-filling

station.

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

for the storage of class 2 fuels in excess of 300 litres, but of not

more than 3,000 litres, instead of an application for an

authorisation to operate a secondary storage facility of petroleum, a

notification submitted in the form established by the Regulator,

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

Regulator shall require the applicant to submit a certification of the

storage facility by a competent person, in such form and manner as

the Regulator may prescribe.

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

for the storage of class 3 fuels in excess of 300 litres, but of not

more than 3,000 litres, instead of an application for an

authorisation to operate a secondary storage facility of petroleum, a

notification submitted in the form established by the Regulator,

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

Regulator shall require the applicant to submit a certification of the

storage facility by a competent person, in such form and manner as

the Regulator may prescribe.

(1) Any person, who prior to the entry into force of these

regulations, was engaged in any activity or operation relating to

petroleum and is in possession of a valid licence to do so under the

Petroleum (Petrol Stations) Regulations, 1986 * may continue to

perform such activities as authorised under existing licence

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

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

whichever is the earlier

Provided that any such person shall apply with the

*Revoked by these regulations.

Regulator for a new applicable authorisation as listed in regulation

4(1) within two months from the day of the sending of a notice by

the Regulator to apply for such an authorisation

Provided also that any such person shall comply with such

authorisation conditions as established in the new authorisation that

may be issued by the Regulator with effect from such date that the

Regulator may establish.

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

regulations, was engaged in any activity or operation relating to

petroleum and is in possession of a valid authorisation to conduct

the business of a fuel distributor may continue to perform such

activities as authorised under existing authorisation conditions for

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

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

earlier

Provided that any such person shall apply to the Regulator

for a new applicable authorisation as listed in regulation 4(1)

within two months from the day of the sending of a notice by the

Regulator to apply for such an authorisation

Provided also that any such person shall comply with such

authorisation conditions as established in the new authorisation that

may be issued by the Regulator with effect from the date that the

Regulator may establish.

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

regulations operates a storage facility which is a secondary storage

facility of petroleum in terms of these regulations may continue to

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

e n t r y i n t o f o r c e o f t h e s e r e g u l a t i o n s or th e g r a nt o f a n e w

authorisation, whichever is the earlier

Provided that any such person shall apply for an

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

three months from the date of entry into force of these regulations

Provided further that any such person shall comply with

such authorisation conditions as established in the new

authorisation that shall be issued by the Regulator with effect from

such date as the Regulator may establish.

(4) In the period between the date when these regulations come

into force and the date when the new authorisations come into

effect, the authorised person or the authorised provider shall follow

all directions and conditions that the Regulator may issue or set

Provided that when such conditions are inconsistent with

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

(5) Any subsisting agreements between existing operators shall

be declared null and void, in so far as they are inconsistent with the

provisions of these regulations.

(6) The Regulator may require existing operators to upgrade

their authorised facility or fuel distribution vehicles and activities

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

Provided that if there exists a severe safety hazard, the

authorised person or the authorised provider shall of his own

motion remove such hazard, and thereafter notify the Regulator of

such removal

Provided also that the Regulator may in its discretion

prescribe special transitory authorisation conditions after taking

due regard of the existing situation.

(7) A person who possesses a warrant to practice the profession

of an engineer, and who has sufficient knowledge, experience and

skill as approved by the 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.

(8) Any fees applicable to new authorisation shall apply pro

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

(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 or

with any other law, shall continue in force for such period as may

be specified in the authorisation.

(3) Nothing in these regulations shall prohibit the 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) ten years in the case of an authorisation to operate a

petroleum filling station;

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

secondary storage facility of petroleum; and

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

activity of a fuel distributor.

(5) An authorisation issued by the Regulator under these

regulations shall not exempt the authorised person or the authorised

provider from the requirement of obtaining any other authorisation

or permit as may be required under any other law.

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

filling station or an authorisation to operate a secondary storage

facility of petroleum, each authorised facility shall be separately

authorised. Each separate authorisation shall clearly be referable to

the location and address where the authorised facility is situated

and issued in the name of any owner of the authorised facility. The

authorised person or the authorised provider shall be responsible

for the authorisation and for the observance of the authorisation

conditions.

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

fuel distributor, the authorisation shall cover the complete fleet of

fuel distribution vehicles used for the distribution of fuel

Provided that the authorised provider shall promptly inform

the Regulator of any additions or reduction in his fleet of fuel

distribution vehicles.

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

regulations shall not be construed as authorising the authorised

provider to conduct any activity or operation however so described

in relation to biofuels

Provided that the 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.

(1)

Any person who wishes to -

(a) operate a petroleum-filling station; or

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

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

shall submit an application in writing to the Regulator in such form

and manner as the Regulator may prescribe.

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

Second Schedule shall be paid to the Regulator with the application

for an authorisation.

(1) The Regulator shall establish its procedure for the

purposes of determining an application for

(a) an authorisation to operate a petroleum filling station;

(b) an authorisation to operate a secondary storage facility

of petroleum; and

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

distributor.

(2) The 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, 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 person or the authorised provider within thirty days

from the granting of an authorisation and thereafter every year on

the anniversary of the grant of such authorisation or any other date

as the Regulator may reasonably establish.

(2) The amount of the authorisation fee shall be as specified in

the Third Schedule and shall be paid to the Regulator annually.

(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 to the authorised person or the authorised

provider as the case may be, whose authorisation fee has not been

so paid informing him about his failure to pay such fee.

(4) The 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 person or the

authorised provider whose authorisation fee has not been so paid.

(1) If any authorisation fee mentioned in regulation 11 is

not paid within thirty days after the date on which the

communication therein mentioned has been sent by registered post,

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

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

petroleum-filling station or to operate a secondary storage facility

of petroleum or to carry out the activity of a fuel distributor he

shall then be required to apply for a new authorisation.

(2) In considering any such application, the 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.

(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, however so described

issued by any other public authority;

(b) the capability of the applicant to ensure safety

conditions, in the context of the authorisation being

applied for;

(c) private and professional integrity of the applicant;

(d) protection of the health and safety of employees;

(e) protection of the environment;

(f)

record of compliance with these regulations and any

other relevant laws by the person with regard to whom

the decision shall be made;

(g) suitability of the facility to be authorised or the

authorised facility as the case may be and, or vehicles

with regard to safety, health, security, hazardous

substances, environment, land use and planning

requirements;

(h) the need for facilities and services to be provided for

customers at the facility concerned and the extent to

which the interests of customers shall be served;

(i)

the possibility of a monopolistic or an oligopolistic

condition in the petroleum inland retail market

industry detrimental to the public interest being

created or aggravated, and the extent to which fair and

reasonable competition in the retail of petroleum could

be affected;

(j)

any other matter relevant to the orderly provision,

distribution and retail of petroleum in Malta; and

(k) the public interest in general.

The 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 13

of these regulations; 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 an application for the authorisation; or

(c) the application is not accompanied by such application

fee as specified in accordance with these regulations

Provided that any decision taken by the 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

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) Authorised providers who are authorised to operate a

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

required by the Regulator, submit a compliance certificate duly

signed by a competent person, together with the annual

authorisation fee payable under regulation 11 of these regulations.

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

the Regulator may prescribe.

(2) Authorised persons authorised to operate a secondary

storage facility of petroleum shall every two years or as may be

o t h e r w i se r e q u i r e d b y t h e R e g u l a t o r, s u b m i t a c o m p l i a n ce

certificate duly signed by a competent person, together with the

authorisation fee payable under regulation 11 of these regulations.

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

the Regulator may prescribe.

(3) No application for the issue of an authorisation and no

renewal of an authorisation shall be accepted or processed by the

Regulator, as the case may be, unless accompanied by the relevant

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

regulation (2).

(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 mentioned in

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

Provided that special conditions may be attached to any

authorisation issued under these regulations.

(3) The authorised person or the authorised provider shall at all

times comply with these regulations and with the conditions of an

authorisation.

(4) The conditions included in an authorisation may contain,

but not necessarily be limited to, provisions regarding

(a) the grant and term of the authorisation;

(b) suspension, variation and transfer conditions of the

authorisation;

(c) compliance requirements to conditions, directions,

management letters, standards, guidelines, codes of

practice or rules given by the Regulator or as may be

established at law;

(d) the obligations of the authorised person or the

authorised provider including but not limited to

customer service obligations;

(e) the supply of designated geographical areas in the

country;

(f)

the promotion of the efficient operation of the

petroleum market and protection of consumers in

terms of the lowest possible prices combined with the

highest quality of petroleum products;

(g) monitoring and recording of the authorised operations;

(h) reporting, auditing and submission of information to

the Regulator;

(i)

inspection, making copies and taking extracts from

books and records held by the authorised person or

authorised provider and the carrying out of

measurements and tests in relation to any authorised

facility, assets or plant;

(j)

assessment and auditing of operations, activities and

practices and their compliance to authorisation

conditions; and

(k) regulation of subsidiary companies and, or companies

executing part of the regulated operations, activities

and practices.

(5) Any person

granted

an

authorisation

under

these

regulations shall

(a) comply with any direction given by the 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.

(6) The authorised provider 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

(a) enter and inspect any authorised facility;

(b) inspect fuel distributor vehicles by which petroleum is

dispensed, stored, retailed or is distributed; and

(c) inspect all tanks, pipework, pumps, dispensers,

electrical equipment, drainage, ancillary equipment

and other equipment or assets directly or indirectly

connected with the carrying out of the authorisation

conditions in order to ascertain whether they are in

compliance with the conditions as prescribed in an

authorisation or with any direction of the Regulator.

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

times be allowed unrestricted access to authorised facilities and

fuel distribution vehicles for the purpose of ascertaining whether

these regulations or the conditions attached to the authorisation are

being duly observed. The authorised person or the authorised

provider shall give all reasonable assistance which such inspector

may require for that purpose.

(1) Authorised providers shall keep records of all

transactions in respect of each authorisation they hold and any

other information about all transactions permitted under an

authorisation and to keep originals of all accounts at their principal

place of business for the purpose of auditing by the Regulator.

Authorised providers shall keep and maintain such records for a

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

Regulator

Provided that the Regulator shall treat as confidential any

information obtained from the authorised person or the authorised

provider which the authorised person or the authorised provider

communicates to the 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 or in terms of an agreement with

any other Government Department or body established by law.

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

regarding activities and statistics related to petroleum

Provided that the aforesaid publication shall not refer to

a n y s p e c i f i c a u t h o r i s e d p r o v i d er o r p e r s o n a n d s h a l l b e i n

accordance with data protection laws.

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

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

in a petroleum filling station are to be controlled, monitored and

recorded by a software system

Provided that such software is to be compliant with any

standards or directions which the Regulator may from time to time

direct the authorised provider to use or follow.

(2) The software system mentioned in sub-regulation (1) shall,

inter alia

(a) enable direct, continuous reading of tank levels using

tank dipping systems with remote connectivity;

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

erasable memory;

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

memory;

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

charged is the same price shown both on the price

display and on the dispenser;

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

allowed to the authorised provider is the change in

made suitably available to the customers, via clear

*this regulation is not yet in force.

and shall be logged on a non-erasable memory;

(f)

enable the upgrading of the software to its latest

version after consent has been given by the Regulator;

(g) allow the Regulator to conduct any relevant testing

which it might deem necessary;

(h) enable integrated connectivity to the main system by

remote monitoring to monitor vapour recovery

equipment.

These logs and all actions within the software and system

shall not be modified, deleted or removed without the written

consent of the Regulator responsible for monitoring such data.

(3) The software system mentioned in this regulation shall be

audited biennially by an entity accredited to perform such audit

checks.

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

tamper proof.

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

products other than those permitted by law.

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

authorised facility and, or any vehicle including fuel distribution

vehicles in which petroleum is being stored, blended, dispensed,

retailed and to take samples for the testing of any petroleum found

or contained therein.

(3) During the course of the inspection the authorised provider

or authorised person shall give all reasonable assistance which such

inspectors may require for that purpose. No compensation shall be

due to the authorised provider in regard to the samples lifted.

(1) Without prejudice to any other provisions of these

regulations or any other law, authorised facilities designed or

constructed after the entry into force of these regulations shall be

designed and constructed in accordance with standards prescribed

or as directed by the Regulator and, or as required by any other

authority competent at l aw a s a res ult o f a consulta tion or

agreement with the Regulator.

(2) Once the design and construction of an authorised facility

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

certification that all standards and safety requirements required by

the authorised provider in regard to the authorised facility have

been abided to.

(1) The authorised person or the authorised provider shall

not undertake or permit to be undertaken any material alterations to

the authorised facility, unless the prior written consent of the

Regulator has been obtained.

(2) The consent of the Regulator to the material alterations

mentioned in subregulation (1) shall not exempt the authorised

person or the authorised provider from the requirement of obtaining

any other written approval or permit required under any other law.

(3) No person other than a competent person, or such other

person approved in writing by the Regulator and supervised by a

competent person shall carry out any material alteration on an

authorised facility.

(4) In conducting the material alterations the competent person

shall follow any guidelines or directions that the Regulator may

from time to time issue.

(5) Once the material alterations have been carried out the

competent person commissioned by the authorised person or the

authorised provider to perform the material alterations must submit

in writing to the Regulator a certification that all safety

requirem ents im posed on the auth orised f acility have been

complied with.

(6) The Regulator may, subsequent to the carrying out of

material alterations referred to in subregulation (5) send an

inspector or official to perform an assessment inspection on the

authorised facility.

The Regulator may, at any time in the course of the period

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

or cancellation where the Regulator is satisfied that

(a) the authorised person or the authorised provider has

failed or is failing to comply with any condition of the

authorisation or with these regulations; or

(b) the authorised person or the authorised provider does

not possess all other relevant permits and

authorisations that are required by any other public

authority; or

(c) the authorised person or the authorised provider is

contravening any requirement imposed by law; or

(d) the authorised person or the authorised provider fails

to comply with any directive given by the 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 person or the authorised provider does

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

criteria referred to in regulation 13 of these

regulations

Provided that in exercising the powers for suspension,

revocation or cancellation of authorisations the Regulator may take

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

person or the authorised provider is taking the appropriate steps

which the 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 in this regulation,

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

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

conditions of the authorisation as it considers requisite or suitable

Provided that when doing so, the Regulator shall not add

new authorisation conditions unless these are being made for

overriding reasons relating to public interest.

(2) Before

making

any

amendments,

replacement,

modifications or deletions to the authorisation, the Regulator shall

(a) communicate to the authorised person or to the

authorised provider, as the case may be, such

amendments, replacement, modifications or deletions

to the authorisation it proposes to make;

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

modifications or deletions are being proposed; and

(c) specify the period within which representations or

objections have to be made with respect to the

proposals being made

Provided that the Regulator in doing so shall consider any

representations made.

(1) When an authorised person or the authorised provider,

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

authorisation to operate a petroleum filling station or to operate a

secondary storage facility of petroleum or to carry out the activity

of a fuel distributor, the authorised person or authorised provider

shall promptly notify the Regulator in the form prescribed by the

Regulator, to notify such a termination or suspension.

(2) Upon acknowledgment by the Regulator to the authorised

person or authorised provider of the notification mentioned in sub-

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

to be in force and with immediate effect from the date of such

acknowledgment the operation of the petroleum filling station or

the operation of the secondary storage facility of petroleum or fuel

distributor’s business, shall be deemed to be unauthorised.

(3) Notwithstanding any notification for the termination or

suspension of an authorisation, the authorised person or authorised

provider shall remain liable for the payment of any authorisation

fees due prior to such notification.

(1) An authorisation issued by the 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 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

conditions as listed in regulation 13 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 the authorisations 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 death of the decujus.

(1) All petroleum filling stations shall have at their entry a

notice which is legible and visible from both sides of the road,

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

products retailed from that authorised facility

Provided that such retail price display shall not be required at

petroleum filling stations which are classified by the Regulator as

commercial sites.

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

shown in euro per litre and shall show up to three places of a

decimal

Provided that the number appearing to the left of a decimal

point shall be not less than twenty centimetres in height, whilst

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

centimetres in height.

A petroleum filling station which remains inoperative or is

otherwise not in use for a period of twelve consecutive months,

shall be considered as being dormant and its authorisation shall be

revoked by the Regulator

Provided that if a petroleum filling station remains so

inactive for reasons independent from the action or inaction of the

authorised provider, such a petroleum filling station shall not be

considered as being dormant.

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

authorisation condition on any authorised provider, a public service

obligation under these regulations to supply any service in any

specified form, to any final 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 such costs may be recovered as

specified by the Regulator or by any other competent body.

Authorised persons or authorised providers may be

required to insure, to the satisfaction of the Regulator, the

authorised facility or the activity to which their authorisation

refers.

The Regulator shall ensure that, when available, the data

in di c a ti ng th e ge og r a ph i c lo c a t i on o f t h e r e fu e l li n g po i nt s

accessible to the public of alternative fuels covered by Directive

2014/94/EU are accessible on an open and non-discriminatory basis

to all users.

The authorised person or the authorised provider shall co-

operate in any scheme promoted by other Government

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

collaboration with the Regulator.

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) Any person who -

(a) wilfully or through negligence acts in breach of any

provision of these regulations;

(b) wilfully or through negligence breaches any condition

listed in the authorisations issued under these

regulations;

(c) is a party to a boycott;

(d) carries out any activity requiring an authorisation

without being in possession of a valid authorisation;

(e) fails to comply with any lawful order made by an

inspector, employee or officer of the Regulator in the

performance of his duties;

(f)

hinders, obstructs, molests or interferes or attempts to

hinder, obstruct, molest or interfere with the

performance of the duties of any inspector, any

employee or officer of the Regulator; or

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

regulations which is false, misleading or incorrect in

any material particular,

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

conviction, be liable to imprisonment for not more than eighteen

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

euro (€69,000) or to one thousand three hundred euro (€1,300) for

each day during which the offence persists, or to both such fine and

imprisonment.

(2) The liability of an offender under sub-regulation (1) 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 article, may order the convicted offenders to close their activity

and, or to undo anything which was done without an authorisation.

(4) In prosecution for offences against these regulations,

officials of the Regulator shall have the right to assist the police

and to plead the case before the Court.

(5) Officials of the Regulator may assist the Police in the

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

offence against these regulations.

(6) The Police are to secure evidence concerning any offence

against these regulations.

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

criminal proceedings and, or any other proceedings that may be

instituted under any other law.

(1) The 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 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.

Notwithstanding any other law, proceedings for an offence

against these regulations may be commenced at any time within six

years from the commission of the offence.

PETROLEUM FOR THE INLAND (RETAIL) FUEL MARKET