Authorisation to Operate:
- A Petroleum Filling Station – Retail Site
- A Petroleum Filling Station – Commercial Site
The Regulator for Energy and Water Services issues authorisations to persons to operate Petroleum Filling Stations in accordance with the Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22.
Any person (including any legal person) that intends to:
- operate a Petroleum Filling Station – Retail Site;
- renew the authorisation of a Petroleum Filling Station – Retail Site;
- transfer the authorisation of a Petroleum Filling Station Retail Site;
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 petroleum filling station or system and carrying out the service activity and the exercise thereof.
A “Retail Site” is defined as a site where the general public can purchase automotive fuel.
Prospective applicants are invited to refer to the Specimen Authorisation for a PFS Retail Site to have a clear idea of the authorisations issued by the REWS.
Application for an Authorisation to Operate, Renew or Transfer a PFS:
Petroleum Filling Station Form Retail Site e-Form
Petroleum Filling Station Form Retail Site (English Version) REWS/106/v10-04-06/23
The Regulator for Energy and Water Services issues authorisations to persons to operate Petroleum Filling Stations in accordance with the Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22
Any person (including any legal person) that intends to:
- operate a Petroleum Filling Station – Commercial Site;
- renew the authorisation of a Petroleum Filling Station – Commercial Site;
- transfer an authorisation of a Petroleum Filling Station – Commercial Site;
is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an acknowledgment of an authorisation issued by the Regulator under these regulations prior to operating such a petroleum filling station or system and carrying out the service activity and the exercise thereof.
A commercial site is defined as a site that is not open to the general public but where automotive fuel is dispensed.
Prospective applicants are invited to refer to:
to have a clear idea of the authorisations issued by the REWS.
Application for an authorisation to Operate, Renew or Transfer a PFS:
Petroleum Filling Station Commercial Site Form (e-Form)
Petroleum Filling Station Commercial Site Form (English Version) REWS/106/v10-04-06/23
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(s).
- Details / number of Identity card or passport of the applicant;
- In the case of a legal entity, details /numbers 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 representatives of such entity.
In addition, in the case of applications for the transfer of an Authorisation the abovementioned details also have to be submitted with respect to the current authorised provider.
For all applications:
- Copies 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 representatives;
- 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.
In addition, in the case of new applications for a Petroleum Filling Station the following documents are also required to be submitted:
- A site plan in scale 1:2500 based upon the latest survey carried out by the Planning Authority and showing the proposed location of the Petroleum Filling Station;
- Two (2) copies of a Technical Proposal compiled by a REWS’ approved competent person indicating the following:
- proposed design details of the new Petroleum Filling Station which should include a technical supporting document in the format specified by REWS as follows:
- a report describing the proposed Petroleum Filling Station and associated operations;
- architectural and engineering drawings of the proposed installation (in minimum size A3).
In the case of an application for:
- Renewal of an existing authorised Petroleum-Filling Station or
- Transfer of an existing authorised Petroleum-Filling Station;
the following documentation is required to be submitted:
- A “Petroleum-filling Station Inspection Audit Report” (REWS 100 v13-11-12/23) duly filled in and signed by a REWS’ approved competent person confirming that the existing Petroleum Filling Station is 100% compliant and dated less than 1 year from date of application for renewal;
- A copy of the Insurance Schedule and its respective insurance policy details of the existing petroleum Filling Station.
Should there be any proposed physical alterations to an existing Petroleum-filling Station the following documentation is required to be submitted:
- “Technical Proposal Supporting Document for The Design / Material Alteration of a Petroleum-Filling Station.” (REWS 124 v8 06-05/22)
Following the initial clearance issued by the Regulator, and upon eventual approval from Planning Authority for such new PFS, further documentation would then be required to be submitted to REWS after completion of the construction of the installation and prior to issuance of the Final authorisation as follows:
- A copy of the Approved Planning Authority Permit issued by the Planning Authority for the Petroleum Filling Station;
- 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 fuel and the associated operations at the petroleum filling station;
- The certificates requested in the “Documents Required for New Development of a Petroleum-filling Station” (REWS 195 v4-05/22) form;
- “Splash Load Request for Petroleum Filling Station” (REWS 125 v6 05-05/22) form;
- Commissioning Report declaration for Petroleum filling Stations (REWS 126 v6-3-06-23) of the Petroleum-filling Station.
For both retail and commercial Petroleum Filling Stations, 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 nozzle.
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 PFS, 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 14 of the Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22.
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.
