Authorisation to Distribute Fuel
The Regulator for Energy and Water Services issues authorisations to persons to distribute fuel in accordance with the Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22.
A “fuel distributor” is defined as the holder of an authorisation issued by the Regulator under these regulations, permitting such person to distribute petroleum to duly authorised facilities. The authorisation covers the entire fleet of fuel distribution vehicles used for the distribution of fuel.
Any person (including any legal person) that intends to:
- distribute fuel;
- renew an existing authorisation of a fuel distributor;
- transfer an existing authorisation of a fuel distributor;
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 providing and offering such a service, and operating such a system, and carrying out the service activity and the exercise thereof.
Prospective applicants are invited to refer to the specimen authorisation to carry out the activity of a fuel distributor to have a clear idea of the authorisations issued by the REWS.
Application for an Authorisation to distribute Fuel:
Fuel Distributor Application Form (English Version) REWS/104/v8-04-6/22
Fuel Distributor Application eForm (English Version)
Any authorised provider is also required to submit an application to the Regulator for Energy and Water Services in the event that he/she wishes to add/remove a vehicle to the fleet of the authorised distributor of fuel.
Application Form for adding/removing a vehicle to the fleet of an authorised distributor of fuel REWS/104/v8-04-6/22
Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22
Note: Applicants are advised to engage a competent person in the fuel sector 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/number of the identity card/s or passport 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 Identity card or passport of the applicant;
- In the case of a legal entity, copies of the identity card/s or passport of the legal representative/s;
- A recent (< 3 months old) police conduct certificate of the applicant. In the case of a company/ Legal Organisation, the police conduct certificates of all the Directors and Legal Representatives.
- 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 the entire vehicle parking sites.
- A copy of the TM logbook and the Insurance Schedule covering each vehicle listed.
The applicable fees are as follows:
- A non-refundable application fee of €500 (five hundred euro);
- An annual authorisation fee of €500 (five hundred euro) plus €50 (fifty euro) per Fuel Distribution vehicle.
Regulation 33 of the Petroleum for the Inland (Retail) Fuel Market 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 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 new Distributor of Fuel, Regulation 9 of the Petroleum for the Inland (Retail) Fuel 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 of renewal, Regulation 10 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 Inland (Retail) Fuel 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 26 of the Liquified Petroleum Gas Market Regulations – S.L. 545.20.
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.
