Authorisation to Carry out the Activity of an Importer and, or Wholesaler of Petroleum

The Regulator for Energy and Water Services issues authorisations to persons to carry out the activity of an importer and, or wholesaler of petroleum in accordance with the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17

Any person (including any legal person) that:

• intends to release for consumption into the inland market in terms of the Excise Duty Act (import) petroleum and, or
• intends to possess, blend or handle petroleum for the purposes of re-sale in bulk to retailers and excluding final consumers (wholesale),

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 prior to carry out any such licenced activity.  

The following types of petroleum require an authorisation from the Regulator for Energy and Water Services in accordance with the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17:

• unleaded petrol EN 228;
• diesel EN 590;
• gasoil;
• fuel oil;
• kerosene;
• biodiesel (not as a sole import or wholesale);
• hydrotreated vegetable oil (not as a sole import or wholesale);
• bioethanol (not as a sole import or wholesale);
• and other types of petroleum excluding those listed in Fourth Schedule of the legislation.

Any authorised provider:

• whose authorisation to carry out the activity of an importer and, or wholesaler of petroleum is subject to expire or
• who requires that such authorisation is transferred to a third party, or
• who intends to commence importing and/ or wholesaling any other type of fuel not listed in his authorisation;

is required to apply for such renewal or transfer or amendment to the authorisation to the Regulator for Energy and Water Services prior to carrying out such licenced activity.

Prospective applicants are invited to refer to:

• Specimen authorisation for an importer and/or wholesaler of petroleum
• Specimen authorisation for an importer and, or a wholesaler of LPG
• Specimen General Authorisation Conditions for an Importer and, or Wholesaler of LPG

to have a clear idea of the authorisations issued by the REWS.

Exemptions

The Regulations exempt the following activities from requiring an authorisation from the Regulator:

• 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;
• the importation and wholesaling of petroleum in quantities not exceeding the following amounts, in a calendar year:
  • 20,000 litres of motor spirit;
  • 1,500 kg of liquefied petroleum gas in cartridges and similar small containers.

Application for the grant, renewal or transfer of an authorisation to carry out the activity of an importer and, or wholesaler of petroleum:

Authorisation e-Form.
Authorisation Form (English) REWS/022/v11-03-05/22

Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17
Note:  Applicants are advised to engage a competent person in the primary storages of liquid petroleum or a competent person in primary storages of LPG to assist them in completing  the application form.

• Details /number(  of Identity card or passport of the applicant
• In the case of a legal entity, details of the identity card/s or passports of the legal representatives;
• Handwritten signature of the applicant or in the case of legal entity, handwritten signature/s of the legal representatives 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 in the case of a legal entity, copies of the identity card/s or passport number/s of the legal representatives of such entity.
• An original copy of a Police conduct certificate dated not older than three (3) months from date of the application. In case of companies, the legal representatives’ police conduct certificates are required to be submitted.
• A Business Plan with a three (3) year projection of the proposed operations including financial projections and proposed details of fuel storage facilities.

For the grant, renewal or transfer of an authorisation the applicable fees are as follows:

• A non-refundable application fee of €233 (two hundred thirty-three Euro);
• Annual authorisation fees and charges are as follows:
  • Annual authorisation fee = €2,329;
  • A charge of €0.00175 per litre of imported fuel.

In cases where the authorised provider applies for the addition of any type of fuel to be included as part of the authorisation, the application fee does not apply.  

Regulation 34 of the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations 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 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.

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 importer and, or wholesaler of petroleum, Regulation 9 of the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations establishes that the Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than three (3) months from the date of receipt of a valid application.

In the case of application for renewal, Regulation 10 establishes that an application for the renewal of an authorisation shall have to be submitted in writing to the Regulator six (6) months prior to the date on which the authorisation expires.

The Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities 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, this 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 of an application for or withdrawal of an authorisation or a licence, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act and the provisions of Article 14 of the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17

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.