Chairman
Prime Minister
Regulator for Energy and
Water Services
L.N. XXX of 2016
REGULATOR FOR ENERGY
AND WATER SERVICES ACT
(CAP. 545)
Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage
Facilities (Amendment) Regulations, 2016
IN exercise of the powers conferred by article 37 (1) of the Regulator
for Energy and Water Services Act, the Prime Minister, after consultation with the Regulator
for Energy and Water Services, has made the following regulations:1. (1) The title of these regulations is the Petroleum for the Inland (Wholesale) Fuel
Title.
S.L.545.17.
Market, Bottling of LPG and Primary Storage Facilities (Amendment) Regulations, 2016 and
they shall be read and construed as one with the Petroleum for the Inland Wholesale Fuel
Market, Bottling of LPG and Primary Storage Facilities Regulations, 2007 hereinafter referred
to as “the principal regulations”.
(2) Regulation 5 and 6 of these regulations shall enter into force on the 1st January
2017.
2. Regulation 2 of the principal regulations shall be amended as follows:
Amends
regulation
2
of
the principal
regulations.
(a) the definition "assessment inspection" shall be substituted by the
following new definition:
“"assessment inspection" means an inspection carried out by a
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competent person or an independent consultant to check that an authorised facility is
operated
and maintained according to any authorisation conditions and guidelines as the
Regulator may from time to time issue;”;
(b) the definition “importer” shall be substituted by the following new definition:
"importer" means the authorised provider who is authorised by the Regulator to carry
out the activity of an importer and, or wholesaler of petroleum who releases for
consumption fuel to the inland market in terms of the Excise Duty Act;
(c) immediately after the definition ""importer"" as substituted there shall be added the
following new definition:
““independent consultant” means a natural or legal person with a proven
international track record and expertise in
Directive 2012/18/EU of the
European Parliament and of the Council of 4th July 2012 on the control of
major-accident hazards involving dangerous substances, amending and
subsequently repealing Council Directive 96/82/EC.”.
(d) immediately after the definition "the Regulator" there shall be added the following
new definition:
"release for consumption" shall have the same meaning as under the Excise Duty Act.
Amends
regulation 19
3.
In sub-regulation (2) of regulation 19 of the principal regulations, the words
“have been abided to.” shall be substituted by the words “have been abided to:”, and
of
the principal
immediately after those new words as amended there shall be added the following new
regulations.
proviso:
“Provided that, in the case of a primary storage facility falling within the scope of
the Control of Major Accident Hazard Regulations, in lieu of such certification, the
authorised provider of such facility shall submit a declaration made by an independent
consultant acting on its behalf stating that all the requirements and obligations as
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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.”.
Amends
regulation 20
4. In regulation 20 of the principal regulations, subregulations (3), (4) and (5) shall be
substituted by the following subregulations:
of
the principal
regulations.
“(3) No person other than a competent person, an independent consultant, or a
person (a) approved in writing by the Regulator; and
(b) supervised by a competent person or an independent consultant,
shall carry out any material alteration on an authorised facility.
(4) In conducting the material alterations, the competent person or the independent
consultant shall follow any guidelines that the Regulator may from time to time issue.
(5) Once the material alterations have been carried out, the
competent person or the independent consultant commissioned by the authorised
provider to perform the material alterations must submit in writing a certification
that all safety requirements imposed on the authorised facility have been complied
with.”.
Amends
5. Regulation 33 of the principal regulations shall be substituted by the following new
regulation 33
regulation:
of
the principal
regulations.
“33. (1) An importer shall release for consumption to the inland fuel market biofuel
amounts which are to be used as fuel in all forms of transport which as a minimum
shall be as provided in the Sixth Schedule and which amounts shall be calculated in
accordance with the methodology provided therein:
Provided that, the aforesaid obligation shall be incumbent only on the importer
who releases for consumption for excise tax purposes the MSA EN 228 petrol and
MSA EN 590 diesel.
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The total amount of biofuels to be released for consumption to the inland market
shall be calculated using the energy content as listed in the Seventh Schedule. The
biofuels shall be released for consumption to the inland market pre-blended with the
MSA EN 228 petrol and, or MSA EN 590 diesel:
Provided that for the purposes of MSA EN 590 diesel, the fatty acid methyl-ester
(FAME) shall be in compliance with MSA EN 14214:
Provided further that for the purpose of MSA EN 228 petrol, the bioethanol shall
be in compliance with MSA EN 15376:
Provided also that the energy content made by biofuels produced from wastes,
residues, non-food cellulosic material and ligno-cellulosic material shall be
considered to be twice that made by other biofuels.
S.L. 545.28.
(2) The importer referred to in sub-regulation (1) shall ensure that the minimum
biofuel amounts released for consumption to the inland market, as provided for in
the Sixth Schedule, are audited and verified to be in compliance with the
sustainability criteria set out in regulation 4 of the Biofuels (Sustainability Criteria)
Regulations.”.
6. The Sixth Schedule to the principal regulations shall be substituted by the
following new schedule:
“SIXTH SCHEDULE
Regulation 33(1)
Minimum biofuel content (%) to be
released to the inland market by the
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importer of petrol MSA EN 228 &
diesel MSA EN 590 calculated in
accordance with the methodology in
this Schedule
2011
1.5%
2012
2.5%
2013
3.5%
2014
4.5%
2015
5.5%
2016
6.5%
2017
7.5%
2018
8.5%
2019
9.5%
2020
10%
The minimum amounts of biofuel expressed as a percentage amount which shall be
released for consumption in the inland market pre-blended with the MSA EN 228
petrol and, or MSA EN 590 diesel, and calculated by the energy content shall be:
1
nergy content of biofuel
nergy content petroleum (
N
N
)
Where
(+) biofuels produced from wastes, residues, non-food cellulosic material and lignocellulosic material shall be considered to be twice that made by other biofuels.
(++) nergy content of biofuel to be counted once irrespective of origin.”.
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