The Regulator for Energy and Water Services issues authorisations to persons to operate primary storage facilities of petroleum in accordance with the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17
A “primary storage facility” is defined as an authorised facility approved by the Regulator to store petroleum products, whether onshore or offshore, which falls within the scope of the Control of Major Accident Hazard Regulations and, or any storage facility used for wholesale purposes, or any other storage facility designated to this end by the Regulator.
Any person (including any legal person) that intends to:
- operate a primary storage facility of petroleum;
- renew an existing authorisation to operate a primary storage facility of petroleum;
- transfer an existing authorisation operate a primary storage facility of petroleum;
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 For a Primary Storage Facility of Petroleum to have a clear idea of the authorisations issued by the REWS.
Application for an Authorisation to Operate, Renew or Transfer a PSF of Petroleum:
Primary Storage Facility e-Form.
Primary Storage Facility Form (English Version) REWS/023/v11-04-03/24
Note: Applicants are advised to engage a competent person in the primary storages of liquid petroleum or to assist them in completing the application form.
- Details of Identity card or passport number of the applicant
- In the case of a legal entity, details of the identity card/s or passport number/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.
For all applications:
- 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.
For primary storage facilities not falling within the scope of the Control of Major Accident Hazard Regulations:
At the design stage:
- A Technical Proposal compiled by the Competent Person indicating the proposed design details of the storage facility.
Upon completion of the development:
- A Compliance Certificate issued by the Planning Authority for the storage facility;
- A copy of the Environmental Permit issued by the Environmental and Resources Authority;
- A Commissioning Report compiled by the Competent Person accompanied by the Primary Storage Facility Commissioning Report Declaration;
- 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 petroleum and the associated operations of the storage facility.
For primary storage facilities falling within the scope of the Control of Major Accident Hazard Regulations:
- A Compliance Certificate issued by the Planning Authority for the storage facility;
- A copy of the IPPC permit issued by the Environmental and Resources Authority;
- A Commissioning Report compiled by an independent consultant;
- Declaration made by an independent consultant acting on behalf of the Authorised Provider stating that all the requirements and obligations as established by the Control of Major Accident Hazard Regulations are being observed and that the installation is not subject to any prohibitions issued under the Control of Major Accident Hazard Regulations;
- 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 petroleum and the associated operations of the storage facility.
The applicable fees are as follows:
- the non-refundable application fee for this application is € 233 (two hundred thirty-three Euros);
- the applicable authorisation fee for operating a primary storage facility is:
- €1,500 per annum in the case of a primary storage facility which does not exceed six tonnes capacity, but in the case of a primary storage facility of LPG such amount of authorisation fee shall be applicable when the capacity does not exceed two tonnes;
- €2,500 per annum in the case of a primary storage facility which does not exceed 2,500 tonnes, but in the case of a primary storage facility of LPG such authorisation fee shall be applicable when the capacity does not exceed 50 tonnes;
- €5,000 per annum in the case of a primary storage facility which exceeds the capacities mentioned in paragraph (b) but which does not exceed 25,000tonnes capacity;
- €10,000 per annum in the case of a primary storage facility which exceeds 25,000 tonnes but which does not exceed 100,000 tonnes capacity;
- €15,000 per annum in the case of a primary storage facility which exceeds 100,000 tonnes capacity.
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 operate a primary storage facility 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) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations 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 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.
