Authorisation to Carry out the Activity for the Loading, Discharging and Transferring of Fuels between a Bunker Barge or a Marine Terminal or a Marine Facility or any two or more of the Preceding, to a Receiving Ship where those Fuels are for Fuelling the Same Ship or its Machinery
The Regulator for Energy and Water Services issues authorisations to persons to carry out the activity for the loading, discharging and transferring of fuels between a bunker barge or a marine terminal or a marine facility or any two or more of the preceding, to a receiving ship where those fuels are for fuelling the same ship or its machinery. Such authorisations are issued in accordance with the Bunkering Authorisation Regulations – S.L. 545.25.
Any person (including any legal person) that intends to:
- load, discharge and transfer fuels between a bunker barge or a marine terminal or a marine facility or any two or more of the preceding, and a receiving ship where those fuels are for fuelling the same ship or its machinery;
- renew an existing authorisation to load, discharge and transfer fuels between a bunker barge or a marine terminal or a marine facility or any two or more of the preceding, and a receiving ship where those fuels are for fuelling the same ship or its machinery;
- transfer an existing authorisation to load, discharge and transfer fuels between a bunker barge or a marine terminal or a marine facility or any two or more of the preceding, and a receiving ship where those fuels are for fuelling the same ship or its machinery;
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.
Prospective applicants are invited to refer to the Specimen Authorisation for Bunkering to have a clear idea of the authorisations issued by the REWS.
Application for an authorisation to carry out the activity for the loading, discharging and transferring of fuels between a bunker barge or a marine terminal or a marine facility or any two or more of the preceding, to a receiving ship where those fuels are for fuelling the same ship or its machinery:
Barge and Marine Terminal Bunkering Application Form (English Version) REWS/085/v7-03-05/22
Barge and Marine Terminal Bunkering Application e-Form (English Version)
Note. It is important to note that the Regulator serves as a one-stop shop for the receipt of the related application that has to be submitted to the Authority for Transport in Malta (TM). When applying for an authorisation with REWS the applicant must submit both forms duly filled. The Regulator can only issue an authorisation when TM issues a Bunker Operator Permit to the applicant.
Bunkering Authorisation Regulations – S.L. 545.25
- Details / number of Identity card or passport of the applicant;
- In the case of a legal entity, details 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.
In the case of application for the granting, renewal or transfer of an authorisation:
- Copy of Identity card or passport of the applicant;
- In the case of a legal entity, copies of the identity card/s or passport number/s 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 Bunker operator permit issued by Transport Malta.
In addition, for an application to register a barge the following document is required to be submitted:
- Charter Party Agreement for sea vessel and certificate of registry.
In addition, for an application to operate a marine terminal, the following documents are required to be submitted:
- A drawing of the proposed Marine terminal;
- Site plan in scale 1:2500 indicating the boundaries of the marine terminal;
- Copy of the application for a Primary Storage1 (under Subsidiary legislation 545.17).
After a preliminary clearance is issued by the Regulator and upon completion of the Marine Terminal and/or availability of the barge/s the following documentation is also required to be submitted:
- The Bunker Operator Permit from Transport Malta;
- For the barge/s – Intertanko’s Standard Chartering Questionnaire, general arrangement plan and photographs of the sea vessel;
- For marine terminals – a copy of the Commissioning Report of the primary storage facility;
- Photographs of the Marine Terminal;
- A compliance certificate issued by the Planning Authority of the marine terminal covering the primary storage facility;
- Any other documentation as required by the Regulator or the authorisation conditions.
The applicable fees are as follows:
- A non-refundable application fee of €500 (five hundred euro).
- Annual authorisation fees and charges as follows:
- Annual authorisation fee for barges €2,329 and of 0.20 euro per tonne of fuel released for marine bunker purposes;
- Annual authorisation fee for Marine Terminals €2,329 and of 0.20 euro per tonne of fuel released for marine bunker purposes.
Regulation 24 of the Bunkering Authorisation Regulations establishes that any person who carries out an offence against these regulations shall, on conviction, be liable to a fine of not more than sixty-nine thousand euro (€69,000), or of one thousand and three hundred euro (€1,300) for each day during which the offence persists.
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.
The Regulator shall communicate to the applicant in writing within a reasonable time, which reasonable time shall not be of more than two 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.
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, three months prior to the date on which the authorisation expires.
The Bunkering (Authorisation) 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 13 of the Bunkering Authorisation Regulations – S.L. 545.25.
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.
