Notification/Authorisation to Operate a Secondary Storage Facility of Petroleum

Notification or Authorisation to Operate a Secondary Storage Facility of Petroleum

The Regulator for Energy and Water Services accepts notifications and issues authorisations to persons to operate secondary storage facilities of petroleum in accordance with the Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22.

A secondary storage facility of petroleum is defined as a storage facility:

• used for the authorised person’s own exclusive use;
• which is not a primary storage facility for the purposes of the Petroleum for the Inland (Wholesale) Fuel Market Regulations; and
• which is in excess of a lower limit of 300 litres:

Provided that when a secondary storage facility of petroleum consists of one or more tanks it may be construed by the Regulator of consisting of a single secondary storage facility of petroleum.

Any person (including any legal person) that intends to:

• operate a secondary storage facility of petroleum;
• renew an existing authorisation of a secondary storage facility of petroleum;
• transfer an existing authorisation of a secondary storage facility of petroleum;

is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an acknowledgment of a valid notification or 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.

Applications for Authorisations

An authorisation is required for a “secondary storage facility of petroleum”.

Applications for Notifications

A notification may be submitted instead of an application for an authorisation where the secondary storage facility of petroleum is intended to be used for the storage of:

• Class 2 fuels in excess of 300 litres, but of not more than 3,000 litres;
• Class 3 fuels in excess of 300 litres, but of not more than 3,000 litres.

Note:  The Class of Fuels is defined as the classification given to fuel according to their flash points and as follows:

• Class 1 means fuels which have a flash point below 21 °C;
• Class 2 means fuels which have a flash point above 21 °C; but below 55 °C
• Class 3 means fuels which have a flash point above  55 °C.

Prospective applicants are invited to refer to the Specimen Authorisation Front Pages For Secondary Storage Facility of Petroleum and  Specimen Authorisation Conditions For Secondary Storage Facility of Petroleum to have a clear idea of the authorisations issued by the REWS.

Application for notification or an Authorisation to Operate, Renew or Transfer a secondary storage facility  of petroleum:

Secondary Storage Facility Form (English Version) REWS/091/v10/04-12/23
Secondary Storage Facility Form (eForm)

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 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.

For all applications:

1. Copy of the Identity card or passport of the applicant;
2. In the case of a legal entity, copies of the identity card(s) or passport(s) of the legal representative(s);

In the case of a Notification of a secondary storage facility of petroleum:
Upon completion of the secondary storage facility of petroleum, the following documents are required to be submitted:

1. A Commissioning Report of the fuel installation compiled by the Competent Person;
2. A Secondary Storage Facility (Non-LPG) Commissioning Report Declaration of the fuel installation compiled by the Competent Person;
3. 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 of the secondary storage of petroleum;
4. A copy of the approved permit of the development issued by the Planning Authority covering the fuel installation.

In the case of an application for an Authorisation to operate a secondary storage facility of petroleum:
At the design stage of the proposed secondary storage facility of petroleum, the following documents are required to be submitted:

1. A Technical Proposal compiled by the Competent Person indicating the proposed design details of the fuel installation.

Upon completion of the proposed secondary storage facility of petroleum, the following additional documents are required to be submitted:

1. A Commissioning Report of the fuel installation compiled by the Competent Person;
2. A Secondary Storage Facility (Non-LPG) Commissioning Report Declaration of the fuel installation compiled by the Competent Person;
3. 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 of the secondary storage facility of petroleum;
4. A copy of the approved permit of the development issued by the Planning Authority covering the fuel installation. 

In the case of an application for Renewal or Transfer of a secondary storage facility of petroleum authorisation:

1. Inspection Report including a risk and safety assessment report of the fuel installation compiled by the Competent Person.
2. Secondary Storage Facility (Non-LPG) Operational Details form for the fuel installation compiled by the Competent Person.
3. 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 of the secondary storage facility of petroleum.

The applicable fees are as follows:

1.   A non-refundable application fee of €50 (fifty euro);
2. An annual authorisation fee of €50 (fifty euro).

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 authorisation of a new secondary storage facility, 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.