Authorisation to Carry out the Activity of a Biofuels and, or Bioliquids Operator

Authorisation or Notification to Carry out the Activity of a Biofuels and, or Bioliquids Operator

The Regulator for Energy and Water Services accepts notifications from persons and  issues  authorisations to persons to carry out the activity of a biofuels and, or bioliquids operator in accordance with the Biofuels and Bioliquids Market Regulation – S.L. 545.15.

Any person (including any legal person) that intends to:

• import and, or wholesale biofuels and, or bioliquids in excess of 2000 litres in the course of a calendar year;
• produce and, or blend biofuels and, or bioliquids in excess of 2000 litres in the course of a calendar year;
• carry out the activity of a Distributor exclusively for biofuels and, or bioliquids;
• operate a retail station exclusively with biofuels and, or bioliquids;
• store biofuels and, or bioliquids for own use and/or third-party use (also applicable for operations 1 to 4 above)

is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an authorisation issued by the Regulator under these regulations prior to operating such a storage facility or system and carrying out the service activity and the exercise thereof.

Any person (including any legal person) that intends to:

• import biofuels and, or bioliquids and, or;
• produce and, or blend biofuels and, or bioliquids

for his exclusive use and provided that the combined annual quantity of biofuels and, or bioliquids does not exceed the 2,000 litres in the course of a calendar year is required to submit a valid notification in writing to the Regulator for Energy and Water Services and be in possession of an acknowledgment of such valid notification issued by the Regulator.

Application for an Authorisation for the Granting, renewal of transfer to carry out the activity of a biofuel and, or bioliquid operator:

Authorisation form (English) REWS/099a/v9-05-05/22

Authorisation e-form (English)

Application for a notification to carry out the activity of a biofuel and, or bioliquids operator (applicable only when annual volumes of biofuel/bioliquid do not exceed 2000L):
Notification Form (English Version) REWS/099b/v6-03-05/22

Notification e-Form (English Version)

Biofuels and Bioliquids Market Regulation – S.L. 545.15

• Details /number of the Identity card or passport of the applicant;
• In the case of a legal entity, details of the identity card/s or passport/s of the legal representative/s;
• Handwritten signature of the applicant or in the case of legal entity, handwritten signature/s of the legal representative/s of such entity.

In addition, in the case of applications for the transfer of an Authorisation the abovementioned details have also to be submitted with respect to the current authorised provider.

• Copy of the identity card or passport of the applicant or the Legal Representative/s in the case of a company / Legal Organisation.
• An original copy of a Police conduct certificate dated not older than three (3) months from date of the application. In case of companies, certificate is required for all the directors.

In addition, in the case of new applications for the import, wholesale, production and blend of biofuel and, or bioliquid the following documents are also required to be submitted:

• A Business Plan which includes details on the proposed operations including financial projections for three (3) years.
• A compliance certificate issued by the Planning Authority.  In case it is not deemed necessary, an architect’s declaration should be submitted.

In the case of an application for the distribution of biofuel and, or bioliquid the following documentation is required to be submitted:

• A copy of the Insurance Schedule and its respective insurance policy details indicating the liability coverage to third parties against bodily injury and property damage covering all the vehicle parking sites.

Note: Details on the vehicle including but not exclusively, the number plate, intended type of fuel load and vehicle parking address needs to be filled in the application form.

In the case of an application for a retail station the following documentation is required to be submitted:

A compliance certificate issued by the Planning Authority for such development. In case it is not deemed necessary, an architect’s declaration should be submitted.

Documents required to be submitted at the Design Stage in the case of a new facility:

• A Technical Proposal compiled by the Competent Person indicating the proposed design details of the new Biofuel and/or Bioliquid Retail Station. A Competent Person can be anyone listed in the List of Competent Persons in Petroleum Filling Stations/ Secondary Storages of liquid petroleum.

After a preliminary clearance is issued by the Regulator and upon completion of the new facility, the following documentation is also required to be submitted:

• A Commissioning Report by the Competent Person of the biofuel and, or bioliquid retail station. (REWS 167 V7 03-05/22) A Competent Person can be anyone listed in the List of Competent Persons in Petroleum Filling Stations/ Secondary Storages of liquid petroleum.
• A Copy of the Insurance Schedule and its respective insurance policy details indicating the liability coverage to third parties against bodily injury and property damage caused by the storage of biofuel and/or bioliquid and the associated operations of the Storage Facility.

Note: Details on the retail station address, number of dispensers and total number of nozzles need to be filled in the application form.

In the case that the activity includes any storage in any of the operations the following documentation is also required to be submitted:

• Business Plan which includes details on the proposed operations including financial projections.

Documents required at the Design Stage of a new Storage Facility:

• A Proposal compiled by the Competent Person indicating the proposed design details of the Storage Facility. A Competent Person can be anyone listed in the List of Competent Persons in Petroleum Filling Stations/ Secondary Storages of liquid petroleum.

After a preliminary clearance is issued by the Regulator and upon completion of the new storage facility, the following documentation is required to be submitted:

• A compliance certificate issued by the Planning Authority of the development covering the Storage Facility. In case it is not deemed necessary, an architect’s declaration should be submitted.
• A Commissioning Report compiled by the Competent Person of the Biofuel and/or Bioliquid Storage Facility.(REWS 166 V6-05-22)
• A copy of the Insurance Schedule and its respective Insurance Policy details indicating the liability coverage to third parties against bodily injury and damage caused by the storage of biofuel and/or bioliquids and the associated operations of the Storage Facility.

For the application for the granting, renewal or transfer of an Authorisation the applicable fees are as follows:

• A non-refundable application fee of €50 (fifty Euro);
• Annual authorisation fees of €50 (fifty Euro) plus a charge of €0.00175 per litre of biofuel or bioliquid imported or produced.

No fees are applicable for a valid notification.

Regulation 26 of the Biofuels and Bioliquids Market Regulation establishes that any person who carries out an offence against these regulations 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.

In addition, the Regulator for Energy and Water Services Act provides that any:

• any person who carries out any such activity without a licence or who acts in breach of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one hundred and fifteen thousand euro (€115,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment;
• the Regulator may impose an administrative penalty upon any person who infringes any provision of the Act, or  regulations prescribed thereunder or of any other law which the Regulator is entitled to enforce, or who fails to comply with any directive or decision given by the Regulator or who fails to comply with any condition  of any authorisation granted under the Act.  Such administrative penalty shall not exceed:
  • one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Regulator; and, or
  • in the case of an undertaking (including a vertically integrated undertaking) or a body corporate, up to 10%   of the total turnover concerned in the preceding business year. Provided that in the case of an undertaking, including a  vertically  integrated  undertaking  or  a  body corporate, a fine of up to 10%  of the annual turnover  concerned  in  the  preceding  business  year, which  amount  exceeds  one  hundred  thousand  euro (€100,000) may, in any such case be imposed.

In the case of application for an authorisation to carry out the activity of an authorised biofuels and, or bioliquids operator, Regulation 6 of the Biofuel and Bioliquids Market Regulations establishes that 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.

In the case of application for renewal, Regulation 7 establishes that 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.

The Petroleum for the Biofuel and Bioliquids Market Regulations further establish 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.

Any decision taken by the Regulator, including refusal or withdrawal of an authorisation, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act and the provision in Article 11 of the Biofuels and Bioliquids Market Regulation – S.L. 545.15.

You may submit the application form together with all associated documentation and relevant payments referred to in the application form either by post or by hand to:  
Regulator for Energy and Water Services,
Zentrum Business Centre, Level 1,
Mdina Road,
Qormi  – QRM 9010,
Malta.