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DEMOCRATIC REPUBLIC OF TIMOR-LESTE

FIRST AMENDMENT TO  ANP REGULATION NO. 1/2013, OF 18 SEPTEMBER 2013 ON INSTALLATION AND OPERATION OF FUEL FILLING

Almost one year after the enactment of Regulation No. 1/2013, of  18

installation and operation of Fuel Filling Stations, and taking into acco gathered by the ANP in its implementation the time has come for the amendments and adjustments to the rules set forth therein.

These changes are a result, on the one hand, of practical issues and raised by operators of existing Fuel Filling Stations and, on the ot knowledge  of  the  existing  market  and  facilities  that  has   been increased interaction with the operators. The ANP is certain tha approved will allow for a more streamlined implementation of the ne Fuel Filling Stations in Timor-Leste.

Now therefore, under the terms of Articles 7.2 (b), (c), and (e) of  D  of 1 February 2012, the Board of Directors of the ANP approves the following Regulation:

Article 1

Amendment to Regulation No. 1/2013, of 18 September

Articles 10, 12, 14, 16 and 27, and Annex II and IV of Regulatio September 2013 on Installation and Operation of Fuel Filling Statio follows:

"Article 10

[...]

1. A Storage Tank for Liquid and Liquefied Fuels must be installed  and must be buried or installed underground. Surface storage Filling Stations are strictly forbidden.

2. [...]

1. Storage       Tanks       for       Liquid       and       Liquefied       Fuels       must  also impermeable retention basins and firmly deployed so that they ca influence of groundwater impulsion, nor of vibrations or impacts artificial causes.
   1. The minimum distance between the walls of the Storage Ta Liquefied Fuels and the Limits of the Property of the Fuel Fil Residential, Used, Support, Ancillary or Integrated Building must  b
2. The  minimum  distance       between the  walls       of  the  Storage  Ta Liquefied Fuels and a Public Building must be 1O m.
3. [ Wording offormer paragraph 8]

When the installation comprises several Storage Tanks for Liquid a its walls should be spaced at least 0.20 m.

1. [ Wording  of  former paragraph   10]
2. [Wording of the body of the former paragraph 11]:

(a)  To the walls of Storage Tanks - 3 m; and

{b)To the Filling Nozzles or valves of Storage Tanks - 5 m.

10. A Storage Tank for liquid fuel shall be equiped with respirator or va 11. A Storage Tank to be installed in the Fuel Filling Station shall  have as means to protect Storage Tank from corrosion.

12. Coating for Storage Tank shall include primer, epoxy, coal ta bituminous and other types of applicable coating materials in practices.

13. [ Wording offormer paragraph 12]

Article 12

[...]

1. [...]

2. [...]

3. [...]

4.          The application of the rules foreseen in this article shall be subjec relevant Technical Specifications or any relevant legislation implem

Article 14

[...]

1. [...]

2.           The  Fuel Dispensers to  be installed  in each  Pump  Island shall consumption meter. Fuel Dispensers shall be duly calibrated by the basis and subsequently sealed to prevent tampering.

3. [...]

4. [...]

Article 16

[...]

1. [...]

2. [...]

3. [...]

4. The floor of areas where there is the possibility of spills, especially to unloading Liquid Fuels from the fuel tankers into the Stora impermeable and allow for drainage into the Water Treatment Syst

5. [...]

Article 27

[ ]

1. [...]

2. [...]

3. [...]

4. [...].

5. [...]

6. [...]

7. [...]

8. [...]

9. All staff shall be provided with adequate uniform and personal prot line with international best industry practices.

ANNEX II

APPLICATION  FORM FOR THE APPROVAL  OF A  PROJECT FOR A FUEL

Name or Company Designation: 

DAutomotive Fuel Filling Station         D New Fuel Filling Station

D Existin   Fuel Fillin   Station

DMarine Fuel FiHing Station

O Aviation Fuel_Filling Station D New Fuel Filling Station Prop

f-----------------+-D_Exis_t_ing_F_u_e_l_F_ill_ing S_t_a_ti_on     ----<   DRe

DHo

DAtypical  Fuel Filling Station         D  New Fuel Filling Station

Please provide details:          _

D  Existing  Fuel Filling Station

Are  the  projects, designs,  plans  and  other technical documentation        0 Yes        O No

signed by a duly qualified professional and accompanied by an undertaking by the latter assuming full responsibility for the adequacy of the technical solution containedin the documents?

Do the proposed plans, layouts and descriptions comply with the        0 Yes        O No

general standards set forth in the Technical Specifications for Fuel Filling Stations, or other standards approved by the ANP?

If not, has the applicant obtained the prior written consent of the        0 Yes        O No

ANP and has the applicant filed the support documentation to prove that equal or higher standards will be applied and  ensured?

D Additional Documents Please provide details

Has the applicant filed general entrance and exit layouts and schematics?

The layout of the filling station is defined so that the vehicles can only move forward?

D Additional Documents Please provide details

Has the applicant filed Storage Tank layouts?         0Yes         O No

Does the layout indicate if the Storage tank installed outside the         0 Yes         O No

building?

Does the layout indicate if the storage tanks installed underground?    0 Yes O No Do the same detail the number of tanks? 0Yes O No Do the same detail the Fuel Type to be used in each of the Storage     0 Yes O No

Tanks?

Do the same detail the Tank Ca  acit  of each of the Stora e

Tanks?

Does the layout indicate if the Storage Tanks are  installed/to be        DYes installed under buildings, power  lines,  bridges,  or  in  tunnels,  basements, excavations, on other Storage Tanks and in areas that

pose risks of ground instability?

O No

Are the minimum distances applicable to Storage Tanks indicated?         DYes         D No

Are the limits of the Fuel Filling Station property and the distance of         DYes same  to  any  Residential,  Used, Support, Ancillary  or  Integrated

Building depicted?

O No

D Additional Documents Please provide details

Has the applicant filed Pump Island layouts?         0 Yes         O No

Do the same detail the number of Pump Islands?         0 Yes         O No

Do the same  detail the  fuel type  to be used in each  of the  Pump         0 Yes         O No

slands?

Does the  layout  indicate  if  the  Pump  Islands  are installed/to  be         D Yes         O No

installed beneath buildings?

Are the minimum distances between  Pump Islands  and Storage          0 Yes          O No

Tanks indicated?

Are  the distances  of the  Pump  Islands to the  limits of the  property of          0 Yes          O No

the Fuel Filling Station depicted?

Are   the   distances   of   the   Pump   Islands   from    any   Residential,          0 Yes          O No

Support, Ancillary, Integrated or Used Buildings Public or Private depicted?

D Additional Documents Please provide details

Do the layout plans indude references to the installation of a system          DYes for treatin  wastewater contaminated with h drocarbons?

0 No

Page 7 of 61

Does the proposed layout clearly indicate the existence of Safety Zones?

0 Yes   O No

Does   the   proposed   layout   clearly   indicate   the  existence  of         DYes Protection Zones?

Are the Safety and Protection Zones of the Pump Islands  and Fuel         DYes Dispensers depicted?

0 No

0 No

D Additional Documents Please provide details

Does the applicant intend to provide LPG?         0 Yes         0 No

Has  the  applicant  filed  any  plans  for  a  dedicated  Storage Area  for         0 Yes         0 No

the storage of Cylinders of Bottled LPG?

Do  the  layout  plans  detail  the  demarcated   and  protected  space         O Yes         O No

within the Fuel Filling Station for storage of Bottled LPG?

Has the applicant filled any dedicated plans for Pump  Islands for          0 Yes          0 No

Autogas?

O Additional elements (if any) Please provide details

Page s of 61

I certify that all of the information contained in this form is complete and accurate. I understand the information provided to the ANP is subject to review and audit. The detailed records which substantiate the information contained herein are available upon request.

Signature: ------------------

Fees  paid:------

Receipt No.- ----

Signature of the

Place:-----------  Date: _/_/                         

DProject Approved

DPfojScfNOt Apl)rcived

DProject Deferred I Returned (additional elements required

Remarks/ Requirements/Implementation Procedures and respective timing:

Notes:

(a)    All Projects submitted shall comply with the Technical Specifications for Fuel Filling adopted by the ANP;

(b} Any variation of the standards set forth in the Technical Specifications shall require the ANP;

(c) The ANP may request additional documentation from the Applicant in order to adequate

{d) ANP shall decide on the Application within 90 days of the date on which the last reques by the Applicant;

(e)    The ANP's decision shall include the procedures and timing for the implementation of strictly complied with;

(f)     The Applicant shall have 1 year (or such longer period as established by the ANP) as this form to effectively implement the Project and to request the respective   License;

{g) The issuance of the License shall be preceded by an inspection carried out under AN and 2/2012, both of 24 October 2012.

ANNEX IV FEES

Retail Fuel Filling Station Licensing Fees

Home Base Fuel Filling Station Licensing Fees

Article 2

Pending Aplications and Existing Licenses

1. The applications for the granting or Renewal of Downstream submitted prior to the entry into force of this amendment are subject to and shall conform with the new rules within 5 years period.
2. The applications for the granting, renewal, transfer or modific submitted after the approval of this amendment shall be governed by th

Article 3 Republication

The full version of the Regulation No.1/2013, of 18 September amended provisions is republished in its entirety as provided in Regulation.

Article 4 Entry into force

This  Regulation shall enter  into force on the day  immediately  after   it

Joma/ da Repub/ica.

Approved  by the ANP Board of Directors, on 11 Septembe

Members:

1)       Gualdino do Carmo da Silva - Chair

2)        Jorge Martins, Non - Executive

3)            Mateus da Costa  - Executive Board Member ..........................

4)         Nelson de Jesus - Executive Board Member .............................

ANNEX

REGULATION NO. 1/2013, OF 18 SEPTEMBER 20

ON

INSTALLATION AND OPERATION OF FUEL FILLING ST

This Regulation builds on the basic rules and general provisions 1/2012, of 1 February 2012, on Downstream Activities in Timor-Leste principles and conditions to be met in the installation and operation of

With the approval of this Regulation, the ANP has a legal instru efficiently manage the procedures for reviewing existing installations, Filling Stations, renovating or making alterations to existing Fuel Filli as their operation, thus ensuring the level of health, safety, quality standards that will support the development of the Marketing Activity Sector in the Democratic Republic of Timor-Leste.

Now therefore, under the terms of Articles 7.2 (b), (c), and (e) of Decr of 1 February 2012, the Board of Directors of the ANP approves the foll

CHAPTER I GENERAL PROVISIONS

Article 1 (Definitions)

1. The expressions, terms and concepts defined in Article 2 of Decree 1 February 2012, shall have herein the same meaning as conferre above-mentioned Decree-law.
   1. Notwithstanding Article 1.1 above, for the purposes of this Regulatio

(a)           "Accesses'' : means pathways for the entrance and exit of vehicle Filling Stations;

(b)          "Bottled LPG Storage Area": means an adequately demarcated air space or closed division within a Fuel Filling Station, duly where Bottled LPG is stored;

(c)           "Area for Unloading Fuel' : means an area used for the parking during operations of unloading Liquid Fuel into storage at Fuel F

(d)          "Sensitive Area" :  means an area that by its dimension or use   or   danger  to   traffic,   such   as   car   parks   contiguous   or   a entertainment  and  cultural  facilities,      malls  and  similar  facili exclusive access, as well as parking facilities for public or priva 50 vehicles, excluding parking on public streets and roads;

(e)           "Pump  Attendanf' :   means  the   individual  who   performs  the automotive, marine or aviation vehicles;

(f)            "Ancillary Activities": means activities installed within the Proper Filling Station, in addition to the supply of Liquid and Liquef products and services for the drivers, passengers and vehi products processed and blended from Crude Oil and Condensa Lubricants and others), merchandise for  automotive  vehicles and other parts), vehicle repair and wash units, convenience sto other commercial activities;

(g)           "Autogas": means the common name for LPG when it is used combustion engines in vehicles, as well as in stationary applicati

(h)           "Filling Nozzle or Valve":means the equipment used in the op Fuel from road Fuel tankers into the Storage Tanks at Fuel Fillin

(i)             "Fuel Dispenser' : means the equipment that draws and meas Liquid or Liquefied Fuels from the Fuel Filling Station Storage Ta Fuel tank;

U)    "Cashier' :   means the  individual who  performs operations related Fuels  and Ancillary Activities;

(k)             "Gutter': means a trough or channel used for draining liquids point;

(I)                            "Liquefied Fuels": means other engine Fuels, processed and blen and Condensate,  including LPG, liquefied for the purpose of  su

internal combustion engines, namely automotive, maritime, and

(m)         "Liquid Fuels" ; means the grades of gasoline, kerosene, diese Fuels, processed and blended from Crude Oil and Condensat internal combustion engines, namely automotive,  maritime  and  and Biofuels;

(n)           "Air Compressors'' : means a compressor that takes in air at and delivers it at a higher pressure;

(o)           "Ancillary Building'' : means a building located within the Proper Filling Station and used for one or more Ancillary Activity;

(p)          "Support Building'' : means a building located within the Proper Filling Station and used as support to the supply of Liquid a Ancillary Activities for vehicles, drivers and passengers, respec as for management and administrative purposes;

(q)          "Integrated Building'' : means the building located within the Pr Fuel Filling Station that integrates the activities of the Support Ancillary Building;

(r)            "Public Building'' : means a building located outside the Propert Filling Station used for any activity aimed at the general public people, including hospitals, schools, museums, theatres, cinem malls, supermarkets,    public transportation    passenger  termina places where large crowds usually occur;

(s)             "Residential Building'' : means a building located outside the  Pr Fuel Filling Station and used as residence on a permanent or tem

(t)             "Used Building'' : means a building or facility located  outside th the Fuel Filling Station used for the exercise of professional, com purposes, including offices, warehouses, shops, cafes and resta less than  100 m2;

(u)           "Ignition Source": means the object or device that may be the sparks, hot spots or sources liable to cause ignition of vapo hydrocarbon gases with air;

(v)            "S nk": means a device or place that accepts something;

(w)          "Ancillary Activity Employee":means the individual who perform Ancillary Activities;

(x)            " Cylinder" : means a metal or composite container, conformin approved  by the ANP,  used for  storing  LPG to be sold to end con

(y)            "Fuel Filling Station Manager" : means the person. who oversees take place in a Fuel Filling Station;

(z)           "Bottled LPG":means LPG in Cylinders for domestic or non-dom and cooking and as a power source for combined heat and pow which is deemed a product sold as part of the Ancillary Regulation;

(aa)      "LPG'' :  means  a  group  of  hydrocarbons  processed and deri refining or Natural Gas fractionation, composed mainly of a mix butane, and which is used as combusting Fuel;

(bb)    "Griff':means a plate with openings for placing on top of holes, (cc)    " Visual Identification": means the visual manifestations of a regi

applied to the decoration of any structure installed in a Fuel Fi as to signage and uniforms;

(dd)        "Pump lslanrf' : means the set of one or more Fuel Dispensers l area in the forecourt of the Fuel Filling Station;

(ee)        "Inspector" :    means    the    person    who    performs    activities    ai compliance with the applicable  regulations and standards on beh

(ff)        "Property  Limits" :   means the  contours  that  limit  the property wh Station  isor will  be implanted;

(gg)    "Location  with Simple Canopy":  means an area partly or comp lightweight structure for protection against atmospheric  agents;

(hh) "Manhole": means the top opening to an underground utility vau access point for making connections or performing maintenan and buried equipment;

(ii)          "Fuel Filling Station" :  means a site that includes within its limits required for filling vehicles with internal combustion engines with Fuels, including Home Base Fuel Filling Stations and Retail Fue well as for offering Ancillary Activities;

(jj)     "Home Base Fuel Filling Station":  means a Fuel Filling  Station d by a public or private organisation;

(kk)            "Retail Fuel Filling Station" :  means a Fuel Filling Station destine and Liquefied Fuels, and products and services within the Activities to consumers;

(II)                         "Marine Fuel Filling Station" : means a site that includes with infrastructure required for filling marine vehicles with Liquid  and

(mm) "Atypical Automotive Fuel Filling Stations": means automotive that may be authorized by the ANP for special locations as resul requirements or conditions;

(nn)   "Automotive Fuel Filling Station": means a site that includes w infrastructure required for filling road vehicles with Liquid and Liq

(oo)   "Aviation  Fuel Filling  Station": means a site that  includes wit infrastructure required for filling aircraft with Liquid and Liquefied

(pp)    "FirstAid'': means the provision of initial care for an illness or inju (qq)    "Projecf' :  means  the  detailed  plans  respecting  the installatio

equipment in a Fuel Filling Station;

(rr)    " Vapour Recovery'' : means the process of recovering the vapo so that they do not escape into the atmosphere, in order to potentially explosive fumes and pollution;

(ss)        "Applicanf':means a legal or physical person that makes  a form for a License, authorisation or approval from the ANP;

(tt)    "Storage  Tani<':  means a special container to store  Fuels at Fue (uu)    "Respirator':means a pipe connecting the top of a Storage Tank

(vv)        "Self  Service":  means a service  in which customers  or users Fuels, upon authorization or independently;

(ww)  "Attended SeNice": means a service provided by an attendant;

(xx)        " Water  Treatment System":  means a  system  or process that characteristics to meet effluent  standards;

(yy)        " Gas Cylinder Valve": means a valve which is fitted to a Cylinder allowing or restricting the flow  of  LPG from the Cylinder;

(zz)          "Public Pathways" :  means any type of circulation   pathways, suc roads, water courses  and  railways,  except  those  existing within of a  Fuel Filling Station;

(aaa) "Protection Zone": means the area outside the Safety Zone explosive     mixtures     of     vapours     and     hydrocarbon     gases     w accidentally, but not in normal operation; and

(bbb) "Safety Zone": means the area where stringent safeguards t associated with possible formation of flammable or  explosive and hydrocarbon gases with air must be observed.

Article 2 (Purpose)

This Regulation sets forth the principles, rules and conditions to    be

installation and operation of Fuel Filling Stations in the Territory of Timo

Article 3(Scope)

1. This Regulation shall apply to all Fuel Filling Stations for autom aviation vehicles and to the areas therein where Ancillary Activities
2. This Regulation shall cover all Fuel Filling Stations for public an installed or to be installed in the Territory of Timor-Leste, irrespect and nature of the entities that own or operate them.
3. The detailed and technical rules to be applied in Projects for t equipment of Fuel Filling Stations may be the object of independ called technical specifications for the design, construction, modi  and decommissioning of Fuel Filling Stations ("Technical Specifica Stations"),          developed          and          made          available          by  the          ANP,          whic international standards for the same purpose.
4. The Technical Specifications for Fuel Filling Stations shall be app and existing sites that are to be modified or renovated, and shall and equipment information on the storage and dispensing of  L Fuels;  cover  civil,           mechanical,  hydraulic  and  electrical  installa planning,           design,           construction,           commissioning,           modification, decommissioning of Fuel Filling Stations; provide information aime risks  from                      fire           and           explosion,  to           health  and  to           the           environm operational good practices to be implemented by Fuel Filling Station
5. The Technical Specifications for Fuel Filling Stations shall includ specific information for:

(a)        Automotive         Fuel  Filling  Stations,  for  Liquid  and  Liquefied Activities;

(b)    Marine Fuel Filling Stations, for Liquid and Liquefied Fuels and

(c)    Aviation Fuel Filling Stations, for Liquid and Liquefied Fuels; and

(d)    Atypical Fuel Filling Stations for Liquid and Liquefied Fuels and

1. The Technical Specifications for Fuel Filling Stations may, when different specifications for each type of Liquid and Liquefied Fuels.
2. The Technical Specifications for Fuel Filling Stations may, when different specifications for each type of Ancillary Activity, namely for
3. The Technical Specifications for Fuel Filling Stations will be update considered necessary and its contents may evolve in detail and in with the requirements of the local business environment and of the Timor-Leste.
   1. The installation of buildings and equipment for handling or supply Liquid and Liquefied Fuels in the Fuel Filling Stations must comp regulations.
      1. Liquid and Liquefied Fuels may only be supplied in the Territory o of the types of Fuel Filling Stations provided for herein or, i Activities, at other duly licensed sites.
      2. Upon their approval by the ANP, the Technical Specifications for shall be attached to this Regulation as an Annex hereto, w amended by the ANP without the need of amending the text of this

CHAPTER II

GENERAL PRINCIPLES FOR INSTALLATION OF FUEL FILLI

SECTION I

LOCATION, PROJECT AND LICENSING

Article 4 (Location approval)

1. The approval of the location of a new or an existing Fuel Filling   S

independently         and         prior  to  the         presentation  and  approval         of construction of a Fuel Filling Station.

1. The request for approval of the location of a new or existing Fuel be made through the completion and submission to the ANP of Annex I to this Regulation, called the "Application for Approval o Filling Station", which contains an explanation of the procedures the documentation to be included in the request.
2. The operators of existing Fuel Filling Stations have 90 days, afte this Regulation, to present to the ANP an Application for approval Filling Station. Should the location of an Existing Fuel Filling Stati by the ANP the operator must file a project with the ANP contai bringing the station in compliance with the location rules, within served notice of the ANP's refusal to approve the location.
3. Should the operator not present the project mentioned in Article 4 referred deadline, or should the ANP not approve the proposal, the shall cease to operate within 2 years.
   1. If  the ANP approves the proposal for  bringing the station  into

location rules filed under Article 4.3 above, the operator shall ha implement the proposal. Should the proposal not be impleme deadline, the Fuel Filling Station shall definitely cease operation.

1. The Application for Approval of the Location of a Fuel Filling submitted by a licensed or de facto operator, in case of existing or by Timor-Leste registered companies, in case of new Fuel Fillin
2. After reviewing the Application for Approval of the Location of a the         ANP         will         inform         the         Applicant         of         its         decision         in  writing requirements, procedures and timing for their implementation.
3. In case of approval of the location, the ANP shall stamp and sig Approval of Location of a Fuel Filling Station in the respective ap said Application shall be deemed thereafter a Certificate of Appr Fuel Filling Station.
4. The Certificate of Approval of Location for Fuel Filling Station a contained therein shall lapse should the Applicant not submit an Approval of a Project for a Fuel Filling Station within the deadlin 5.2, or should 1 year, or such longer period as may be established from the date of submittal of the same application without th completed the implementation of the Project and applied for the under Article 6 below.

Article 5 (Project approval)

1. Projects for new or existing Fuel Filling Stations can only be   subm

a Certificate of Approval of Location for Fuel Filling Station.

1. Upon the issuance of the Certificate of Approval of Location for operators of new or existing Fuel Filling Stations shall have 90 da ANP an "Application for the Approval of a Project for a Fuel Filling included          in Annex          II  to  this          Regulation,          which  contains  an procedures to be followed, as well as the documentation to  be i  be in full compliance with the standards detailed in the Technica Fuel Filling Stations.
2. The Application for the Approval ·of a Project for a Fuel Filling submitted by the licensed operator, in case of existing Fuel Fillin Timor-Leste registered companies, in case of new Fuel Filling Stati
   1. No future redevelopments, modifications or decommissioning of Stations may be performed without the submittal of a specific procedures described in the previous paragraphs of this article.
   2. Any variations from the standards detailed in the Technical Sp Filling Stations, must obtain the prior written consent of the ANP documentation to prove that an equal or higher standard will be ap
   3. After review of the Application for the Approval of a Project for a the ANP may request that the Interested Person provide it with a which it deems necessary to adequately assess the Application.
   4. The ANP shall issue a decision on an application within 90 days of receives the last of the documents required, informing the Applic decision, and of the procedures and timing for its implementation.
   5. Applications for new Fuel Filling Stations will not be consider implementation of the Project is expected to take more than 6 mon
   6. Whenever the ANP approves a Project for a new or existing Fuel F issue a Certificate of Approval of a Project for a  Fuel  Filling included in Annex Ill to this Regulation.
   7. The Certificate of Approval of a Project for a Fuel Filling Station a contained therein shall lapse should the Applicant not conclude th the Project and apply for the respective License under Article 6 be submittal  of  its  application        under  Article  5.2  or  such        longer established by the ANP.

Article 6

(Licence approval)

1. A License shall be granted to all existing and future entities activities respecting the operation of a Fuel Filling Station and/o upon receipt of an Application that complies with all the minimu procedures set out in the present and ancillary Regulations, and inspection under ANP Regulations nos. 1/2012 and 2/2012, both and Articles 35 and 36 of this Regulation to confirm that the complies, amongst other aspects, with the Project approved by th 5 above.
2. The License Application shall follow the rules set forth in ANP Re  of 24 October 2012, and the License shall be issued in the form s Decree-Law no. 1/2012, of 1 February 2012, on the Downstream

SECTION II

INSTALLATION AND LOCATION OF FUEL FILLING ST

Article 7 (General conditions)

1. Fuel Filling Stations may not be installed under, in or on building parks or any type of building, or Sensitive Areas.
2. Fuel Filling Stations may be installed in locations without any can with a Simple Canopy, provided a height of not less than 5 m guaranteed.
   1. Retail Fuel Filling Stations may be installed on owned or leased la land over which land rights have been validly granted.
   2. Home Base Fuel Filling Stations may be installed on land owne public or private organisation wishing to operate the Fuel Filling other land over which land rights have been validly granted to the exercises the activities for which the Fuel Filling Station is destined
   3. New Automotive Retail Fuel Filling Stations shall not be installed km of existing Automotive Retail Fuel Filling Stations in villages an roads and of 20 kms in motorways.
   4. The minimum radius distance set forth in Article 7.5 shall not a Retail Fuel Filling Stations of any nature that already exist on the Regulation or to the installation of new Automotive Home Base Fue

Article 8 (Accesses)

1. The entry and exit of vehicles into and from new Automotive Stations shall be made through one-way Accesses, directly fro Pathways, which Accesses shall be used exclusively for the activi the Property Limits of the Automotive Retail Fuel Filling Station.
2. The Accesses to existing Automotive Retail Fuel Filling Stations ca they are, with the exception of situations in which the existing Acces disruption or danger to the circulation of pedestrians or vehicles.
3. The entry and exit of vehicles into and from Home Base Fuel Filli made through the same access.
4. Parking of vehicles in Fuel Filling Station pathways is prohibited.
   1. All Fuel Filling Stations shall allow for the adequate entry of road Area for Unloading Fuel into the Storage Tanks and allow thei Filling Station into a safe area solely by moving forward and with additional manoeuvres.
   2. The layout of the Fuel Filling Station shall be designed so that th move forward.

SECTION Ill

CONDITIONS AND MINIMUM REQUIREMENTS FOR THE INST EQUIPMENT IN FUEL FILLING STATIONS

Article 9 (General rules)

The ANP may establish Technical Specifications for Fuel Filling Stati technical requirements and conditions for installation of equipme complied with by all Projects for new Fuel Filling Stations, or  for stations.

Article 10 (Storage Tanks)

1. A Storage  Tank  for  Liquid  and  Liquefied  Fuels    must  be buildings and must be buried or installed underground. Sur located at Fuel Filling Stations are strictly forbidden.
   1. A Storage Tank for Liquid and Liquefied Fuels shall not, under be  installed  under buildings, power  lines,  bridges,  or  in excavations, on other Storage Tanks and in areas that po instability.
   2. Storage Tanks for Liquid and Liquefied Fuels must also b impermeable retention basins and firmly deployed so that they the influence of groundwater impulsion, nor of vibrations or natural or artificial causes.
   3. The minimum distance between the walls of the Storage Ta Liquefied Fuels and the Limits of the Property of the Fuel Fil Residential, Used, Support, Ancillary or Integrated Building mus
      1. The minimum distance between the walls of the Storage T Liquefied Fuels and a Public Building must be 10 m.
      2. The minimum distance between the Storage Tanks for Liquid and Sensitive Areas must be 25 m.
         1. When the installation comprises several Storage Tanks for Fuels, its walls should be spaced at least 0.20 m.
         2. The design of the Storage Tanks for Liquid and Liquefied Fue recognized international industry standards or, should same should the design not conform to same standards, be for approved by the ANP.
         3. The minimum distance between any Pump Island and the Storage Tanks or their respective Filling Nozzles or Valves sha
            1. To the walls of Storage Tanks - 3 m; and
            2. To the Filling Nozzles or valves of Storage Tanks - 5 m.

10. A Storage Tank for liquid fuel shall be equiped with respirator o

11. A Storage Tank to be installed in the fuel filling station sh coating as means to protect storage tank from corrosion.

12. Coating for Storage Tanks shall include primer, epoxy, coal bituminous and other types of applicable coating materials practices.

13. Storage Tanks for the storage of Liquid and Liquefied Fuel comply with the technical and safety requirements include Specifications for Fuel Filling Stations

Article 11

(Filling Nozzles or Valves)

Filling Nozzles or Valves can be located in the open air or in a L Canopy and must maintain a Safety Zone as defined in Article 22.3 of

Article 12

(Vapour Recovery)

1. Fuel Filling Stations must be equipped with a Vapour Recovery sy the vapours of Liquid Fuels during unloading of Fuels from Fu Storage Tanks.
   1. The Vapour Recovery piping must have a floating valve which c entry of liquid.
   2. A floating valve shall not be required if the interconnection of th piping is made at aerial level and at a height above the upper ge the Fuel tanker.
   3. The application of the rules foreseen in this article shall be subje relevant Technical Specifications or any legislation implementing

Article 13 (Pump Islands)

1. Liquid Fuel Dispensers shall be protected against vehicle col installation in a duly protected Pump Island, with the following characteristics:

(a)      the Pump Island shall have a minimum height of 0.15 m and 1.20 m; or

(b)      be surrounded by metal rails or protective pillars with a mini m,  installed  so  as  to  ensure  a  minimum  distance of  0, 50 m between the equipment and the vehicles being filled.

1. So as to ensure the safety of persons and property during use, Pump islands must be surrounded by Safety and Protection  Zones.

1. Pump Islands shall not be installed beneath buildings.
2. The minimum distance between Pump Islands shall be of 6  meters
3. The minimum distance  between any Pump Island and the Property limits of the Fuel Filling Station, or a  Residential,  Support, Ancillary,  Integrated or  Us

4 m.

1. The minimum distance between any Pump Island and a Public Buil
2. The minimum distance between any Pump Island and a  Sensitive
3. Pump Islands for Autogas shall be separated from Pump Island other Liquid Fuels.
4. All pipes and tubes installed in the base of Fuel Dispensers an Autogas which are connected to the Storage Tanks for Autogas s aimed at impeding the continuous flow of gas should the  equipm the ground due to vehicle collision.

Article 14 (Fuel Dispensers)

1. The .Fuel Dispensers to      be installed      in      each      Pump      Island recognized international industry standards mentioned in the Tec for Fuel Filling Stations or, should same standards not exist or s not conform to same standards, be prior, formally and express ANP.
2. The Fuel Dispensers to be installed in each Pump Island shal consumption meter. Fuel Dispensers shall be duly calibrated annual basis and subsequently sealed to prevent tampering.
3. The Fuel Dispensers to be installed in Pump Islands may have pu in or at distance, and the respective hydraulic system may be cen
4. Fuel Dispensers for Autogas must be located in separate Pum Dispensers for supply of other Liquid Fuels.

Article 15

(Air Compressors)

1. The container where the Air Compressors are installed shall be b to        minimise   the        risk        of        occurrence        of        surges        resulting  from movement or excessive force production, e.g. on flanges, fittings hoses, through  adequately controlled means such as  support,

alignment and pre exertion mechanisms.

1. The equipment must be installed in an isolated location, suff ventilation and adequate lighting, and its command and control installed so as to allow quick and easy access. Such control m protected against accidental triggering.

Article 16

(Water Treatment Systems)

1. Fuel         Filling  Stations         must  be  equipped  with         a         system  for contaminated with liquid fuel.
2. The oil separators must be installed in locations easily accessible cleaning.
   1. The oil separators must be siphoned at entrance and at exit, so as of gases.
   2. The floor of areas where there is the possibility of spills, especially to unloading Liquid Fuels from the fuel tankers into the Stora impermeable and allow for drainage into the Water Treatment Syst
   3. Besides the        requirements  set forth        in this Article        16,  Fuel  F Treatment Systems shall also comply with all environmental legisl in force.

Article 17 (Gutters, Grills and Sinks)

Gutters, Grills and Sinks shall be suitably located, of adequate size, and shall have the appropriate resistance for their respective purposes

Article 18 (Manholes)

1. The Manholes for access to Storage Tanks shall be prefabricate with adequate drainage.
   1. The covers of the Manholes shall have the required resistance to expected they will be subject to.

SECTION IV

CONDITIONS AND MINIMUM REQUIREMENTS FOR THE PER ANCILLARY  ACTIVITIES IN FUEL FILLING STATI

Article 19 (General rules)

1. The performance of Ancillary Activities in Fuel Filling Stations sha rules contained in this Regulation, including this Section IV, a applicable to the specific activity.
2. When requesting the issuance of a License for Fuel Filling Stat Person shall expressly include reference to its intention to provide submitting any documentation it deems necessary to allow the review the request.

Article 20

(Supply of Bottled LPG at Fuel Filling Stations)

1. Cylinders of Bottled LPG shall be stored in a dedicated  Bottled built according to the rules included in the Technical Specificat Stations, or with plans previously approved by the ANP.
2. Bottled LPG Storage Areas must comply with the following  require

(a)    be elevated at least 0.20 m from the ground;

(b)    be built of non-combustible materials;

(c)    be ventilated by permanent openings; and

(d)    be duly identified with the word «GAS» in large, easily reada smoking and naked flame signs.

1. The Cylinders of Bottled LPG when displayed outdoors at a Fuel comply with the following requirements:

(a)    be stored in a purpose built and portable cage located on  the

(b)    the cage should, typically, be constructed from strongly welde square box sections and 40mm and 25mm angle iron support square plate feet or 250mm diameter nylon  casters;

(c)    steel shelving should be constructed and fitted so as not to  reta

(d)    to secure the cage from unauthorised access and vandalism, enclosed with a steel mesh. The access door(s)  must be lock  a padlock;

(e)    the cage must be positioned in the open air on level conc ground and should comply with the following separation generally to the keeping of LPG cylinders (up to 400kg total confines of the  Fuel Filling Station:

(i)               7.5m from Storage Tanks,  Respirators, Filling Nozzles or V

(ii)                3m from Fuel and Autogas dispensers and  Manholes;

(iii)               2m from openings to buildings (doors, windows etc),  drains

(iv)         1m from  boundaries, buildings, fixed ignition sources and m

(f)     the cage should be located in a well-ventilated position, which the means of escape from any building or adjacent premises; a

(g)    where necessary the cage should be protected from vehicle other suitable fixed barrier.

1. Detailed  technical          rules  pertaining  to,          amongst          other          issues, Cylinders  of  Bottled  LPG  may  be  the  subject  of independent

developed and made available by the ANP, which may also standards for the same purpose.

CHAPTER Ill

SAFETY AND PROTECTION ZONES

Article 21(General)

The  Safety  and    Protection  Zones  are  defined  to    act  as  referen procedures for operation of the Fuel Filling Station.

Article 22 (Safety Zones)

1. The Safety Zone of a Fuel Dispenser for Liquid Fuels corresp surrounding the equipment up to 0.50 m in all directions and is point by a horizontal plane at the minimum height of 1.20 m from Dispenser and at its lowest point by the ground level.
2. The Safety Zone of a Fuel Dispenser for Liquefied Fuels, corresponds to the space surrounding the equipment up to 1.50 m is limited at its highest point by a horizontal plane at the minimum the base of the Fuel Dispenser and at its lowest point by the groun
3. The Safety Zone of the Filling Nozzle or Valve for Liquid a corresponds to the space surrounding the equipment up to 1.50 m
   1. The Safety Zones of the Filling Nozzle or Valve shall only apply du unloading Liquid and Liquefied Fuels from the Fuel tanker into the
   2. The Respirator Safety Zone for Liquid Fuels corresponds to an measured from its top, up to 1.50 m in all directions.
   3. A Respirator for Liquid Fuels shall have a minimum height of 4 m, ground of the area where it is located.
   4. The outer limits of the Safety Zone shall be marked on the pave solid yellow line with a minimum width of 1O cm, with its outer limit outer limits of the Safety Zone.

Article 23 (Protection Zones)

1. The       Liquid       Fuels       Fuel       Dispenser       Protection       Zone       corresp surrounding the equipment up to 2 m in all directions and is limite by a horizontal plane at a minimum height of 0.50 m from th Dispenser and its lowest point by the ground level.
2. The Liquefied Fuels Fuel Dispenser Protection Zone corresp surrounding the equipment up to 2 m in all directions and is limite by a horizontal plane at a minimum height of 2 m from the base o and its lowest point by the ground level.
3. The Protection Zone of the Respirator for Liquid Fuels corresp formed by the vertical projection of its Safety Zone, defined from ground level.
4. If the Respirator is supported by a wall, the Protection Zone shall half the cylinder formed by the vertical projection of its Safety Zo top, down to the ground level.
5. The outer limits of the Protection Zones mentioned above do not on the pavement.

CHAPTER IV

GENERAL PRINCIPLES FOR THE OPERATION OF FUEL  FILL

Article 24 (General)

1. Fuel Filling Stations shall be authorized to operate, provided they:

(a) Have a valid Certificate of Approval of Location for Fuel Fillin accordance with Article 4;

(b) Have a valid Certificate of Approval of a Project for a Fuel Fillin accordance with Article 5; and

(c)  Have been approved following an  inspection  conducted  in rules and procedures set forth in ANP Regulations nos. 1/2012 24 October 2012, with the subsequent issuance of the respe Article 6.

1. The operator must also have a valid Marketing Activity License pursuant to the rules and procedures set forth in Decree-La February 2012, and ANP Regulation no. 1/2012, of 24 October 20

Article 25 (Visual Identification)

1. Retail Fuel Filling Stations must display a Visual Identification, fr regional or local oil marketing company, or an independent incorporated with the sole purpose of operating one or mor Stations.
2. Home Base Fuel Filling Stations are ·not required to display a Vis those wishing to do so may display a Visual Identification fro regional or local oil marketing company, or the Visual Identifica that installed it for its own use.
3. The Applicant, as part of the process of submittal of the Applicatio a Project for a Fuel Filling Station, must provide the ANP with pro use  the  Visual       Identification  of  the  international,       regional  or company, or proof of registration of the trademark correspondin image of the independent or own Visual Identification it intends to

Article 26(Service)

1. The activities offilling vehicles with Fuels and I or supply of any be exclusively performed by Attended Service. Until otherwise det by means of amendment to this Regulation, Self Service shall not
2. Fuel Filling Station operators shall ensure a reasonable number of guarantee safe operation and optimum customer services.
3. The services related with payment of the Fuels in Retail Fuel Filli performed by a Cashier, who may also act as Pump Attendant. T be an employee with that sole specific function.
4. A Cashier is not required in Home Base Fuel Filling Stations.
5. The procedures for provision and payment of Ancillary Activities m and implemented by the operator.

Article 27

{Staffing and training)

1. All Fuel Filling Stations shall have a manager, who must attend accredited training providers , covering at least the following matte

(a)        Fuel Filling Station management;

(b)          First Aid; and

(c)          Health, safety, environment and quality standards for Fuel Fi

1. The Fuel Filling Station Manager shall be responsible, amongst ot

(a)               Coordinating, leading, supervising and accounting for d

(b)    Managing daily accountancy of the Fuels and other pro received, as well as of daily revenue generated;

(c)           Recording monthly measurement of the Storage Tanks;

(d)          Supervising and assisting other employees;

(e)    Managing  all  documentation            related  to  accounting,            tech human resources;

(f)        Closing and opening the Fuel Filling Station; and

(g)        Maintaining health, safety, environment and quality standards

1. All Pump Attendants and Cashiers must attend training cours training providers , covering at least the following matters :

(a)    First Aid course;

(b)    Safety course; and

(c)    Customer service course.

1. The training courses mentioned in Articles 27.1 and 27.3 shall respective employees in the 6 months preceding the commencem of their functions.
2. All existing Fuel Filling Stations shall have the period establish comply with the staff training requirements set forth in this Article 2
3. Subject to the opening hours, the operator shall ensure the functions at the Retail Fuel Filling Station at all times.
4. Fuel Filling Station Managers may only be absent from their post and unpredictable reasons and for the shortest period of time possi
5. Ancillary Activities employees are integrated in the organisation service and must comply with the training requirements determine regulatory entities.
6. All staff shall be provided with adequate uniform and personal prot line with international best industry practices.

Article 28 (Opening hours)

1. The licensed operator, as part of the submittal process of an Approval of a Project for a Retail Fuel Filling Station, must pr schedule with the proposed opening days and hours of service year of operation.
2. The ANP, as part of the approval process of a Project for a Reta will advise the Applicant of the approved schedule of opening da complete calendar year, which shall be included in the resp mandatorily implemented and complied with by the operator.
3. The ANP may, at its own discretion, and at any time and for any the Retail Fuel Filling Station increase its days and hours of ope   to market needs or specific circumstances.
   1. With the exception of temporary and short time closure due to fu public disturbance  and/or  routine  maintenance, all  changes to t

. Station's opening hours of operation shall require prior ANP appro in the respective License as an amendment thereto.

1. During the month of December of each year the operator shall su review and approval, its schedule of opening days and hours for t year.

Article 29 (Safety measures)

1. Pump Attendants can only commence filling the vehicle's fuel ta and ignition sources have been fully cut off.
2. Ignition Sources, irrespective of their type, and all electronic com charged even when the ignition is cut, are prohibited within the Safety Zones, with the exception of the vehicles to be supp approaching and departing from the filling position.
3. During the operation of unloading Liquid and Liquefied Fuels from the Storage Tanks, the area where the fuel tanker is parked mus and all circulation of people and other vehicles within  said area and must be prevented.
   1. The performance of Ancillary Services must comply with any defined in the legislation applicable to each specific activity.
      1. Bottled LPG Cylinders shall be transported and stored in upright

in a cool, dry and well-ventilated place, and at a safe distance fro open flames, and excessive heat.

Article 30

(Fire fighting equipment and contingency plan

1. Each Fuel Dispenser shall be equipped with one 6 kg dry che extinguisher. The same requirement shall apply to any existing Area.
2. The Fuel Filling Station shall also be equipped with removable sand in an amount sufficient to cover accidental leakage of Liquid with a minimum of one bucket for each Fuel Dispenser.
3. Each building existing within the Property Limits of the Fuel Filling equipped with the fire fighting equipment required by the relevant
4. As part of its Project for a Fuel Filling Station, the Applicant shall fi plan to be reviewed and approved by the ANP, outlining the pro undertaken in case of fire or suspicion of fire at the Fuel Filling St areas, as well as additional fire fighting equipment to be installe Station considering its specific characteristics. All employees shal the fire contingency plan, which must be affixed in a visible loca Filling Station.
5. All fire fighting equipment shall be regularly maintained in manufacturer specifications and any regulation issued by the entity.

Article 31(First Aid)

1. The Fuel Filling Station and each of the areas where the pr Activities takes place shall have a First Aid kit, including, at least, regular strength pain medication, gauze and low grade disinfecta may also include any other supplies and medication deemed necessary of recommendable by the operator, including emergency supplies unexpected minor illnesses or accidents.

1. At least one employee with First Aid knowledge shall be present a area of the Fuel Filling Station.

Article 32 (Notices and Signs)

1. Signs with the following instructions must be posted at the Fuel Fi a way as to be easily seen by staff and users:

(a)    Prohibition of Ignition Sources in Safety Zones;

(b)    Prohibition of smoking and igniting flames within the Propert Filling Station;

(c)    Prohibition of use of mobile phones in the Safety and Protectio

(d)    Obligation to stop the engine and cut the ignition while fillin tank; and

(e)    Prohibition of storing inflammable material in Safety Zones Storage Areas.

1. The following instructions shall be posted on the premises of the so that they may be viewed by all staff:

(a)    Measures to·be taken in case of accident or incident;

(b)    Accident prevention plan;

(c)    Evacuation plan for all buildings within the limits of the Fuel Fill

(d)    Fuel Filling Station evacuation plan; and

(e)    Fire contingency plan.

1. Retail Fuel Filling Stations shall also post the following information

(a)  Daily operating hours; and

(b)  Price of Liquid and Liquefied Fuels supplied, by product.

1. Retail Fuel Filling Stations shall post on dispensers the grade of fu
2. The Price of Bottled LPG shall be affixed in a readily accessible readable font.
3. The price of Ancillary Activities shall be affixed in a readily acc easily readable font.
4. All notices shall be posted in a clearly visible place, close to the area defined in the preceding paragraphs, and may consist of  pict

in legible and indelible characters in at least one of the official Leste.

1. All notices and signs shall be placed within the Property Limit Station, with the exception of those cases in which the operato reached an agreement with the relevant government institution f property, or with the holder of land rights over surrounding propert same.

Article 33 (User obligations)

1. All Fuel Filling Station users shall:

(a)    Comply with all the notices posted within the Property Limit Station;

(b)    Not misuse any equipment;

(c)     Not damage any structure or equipment installed within the Fuel Filling Station; and ·

(d)    Refrain fmm taking or performing any actions which may re imminent danger.

1. Breach of the duties set forth in Article 33.1 above shall be deem Offence punishable under Articles 57 of Decree-Law no. 1/2012, and 39 of this Regulation.
   1. The operator may also be punishable for the infractions referred i if its conduct and management of the Fuel Filling Station is deeme
   2. The ANP Inspectors may initiate, by themselves or with the ass administrative authorities, the process to identify the person or per the Offence.

CHAPTER V INSPECTION

Article 34

(General obligations in case of inspection)

The Fuel Filling Station Manager, or the responsible person in his/her cooperate with the ANP Inspectors or any entity accredited by the ANP that participates in the inspection, including but not limited to, by truthfully answering all presenting and I or delivering all documentation requested.

Article 35

(Inspection of existing Fuel Filling Stations)

1. All existing Fuel Filling Stations shall be subject to a mandatory upon submission of an Application for the Approval of a Proje Station and prior to the issuance of the respective License.
2. The preliminary inspection shall be conducted under the terms set ANP Regulations no. 2/2012, of 24 October 2012, and is aim compliance of the existing installations, facilities, equipment and the rules and requirements contained in this Regulation, in Decre

1  February        2012,        and        its        ancillary        regulations,        as  well        as Specifications for Fuel Filling Stations.

1. When under the terms of Article 11.9 of ANP _Regulation no. 2/ 2012, the final inspection report contains corrective measures t the Applicant, the preliminary inspection shall be followed by a su to confirm that the said correction measures have been implemen

Article 36

(Inspection of construction, operation, modification, ma and decommissioning of Fuel Filling Stations)

1. A mandatory preliminary inspection must take place prior to the renewal of a License for the construction, operation, modificatio decommissioning of Fuel Filling Stations.
2. The preliminary inspection shall be conducted under the terms set ANP        Regulation  no.  2/2012,  of  24  October  2012,  and  is aim compliance of the installations, facilities, equipment and documen and requirements contained herein, in Decree-Law no.  1/2012, and ancillary regulations, as well as with the Technical Specifica Stations  and  any        other        specifications,        rules  and        requirement respective Project.
   1. When under the terms of Article 11.9 of ANP Regulation no. 2/ 2012, the final inspection report contains corrective measures to b Applicant, the preliminary inspection shall be followed by a subs confirm       that       the said correction measures have been impl maximum deadline set by the ANP for such purpose.

Article 37 (Random inspections)

1. Random inspections to licensed Fuel Filling Stations may take pursuant to the ANP's exercise of its inspection and supervisor terms of Article 12 of ANP Regulation no. 2/2012, of 24 October 2
   1. Following the preparation of a Notice of Offence or an Offence R conduct an Offence investigation  to  the       Fuel  Filling  Station occurred in order to verify the facts described in the Notice of Report.

Article 38 (Performance of inspections)

1. Inspections shall be conducted under the terms set forth in AN 1/2012 and 2/2012, of 24 October 2012.
2. The Inspectors may be aided in their inspection activities by internal checklists to be approved by the ANP.

CHAPTER VI OFFENCES

Article 39 (Classification of Offences)

1. Offences to this Regulation are classified as very serious, serio punishable under the terms of Article 57 of Decree-Law no. 1/ 2012.
   1. The following acts are deemed light Offences, subject to a   penal

250 to USO 15,000, in case of physical persons, and USO 1,25 case of legal persons:

(a)   The installation of Manholes for access to Storage Tanks in br forth in Article 18;

(b)    Breach of the mandatory Visual  Identification information requi

(c)    Breach of the minimum staffing and training requirements set and 27;

(d)    Breach of the operating schedule approved under Article 28;

(e)    Changes to the approved operation schedule without prior ap under Article 28.4;

(f)      Breach of the information duty set forth in Article 28.5;

(g)    Breach of the First Aid equipment obligations set forth in Article

(h)    Breach of the mandatory information, signaling and inscription in Article 32; and

(i)      Breach of required pricing, grading and product information.

1. The following acts are deemed a serious Offence a_nd subject t from USO 750 to USO 50,000, in case of physical persons, and 300,000, in case of legal persons:

(a)   The failure by existing operators to file an Application for Appr Fuel Filling Station within the deadline set forth in Article 4.3, the approval of a Project for a Fuel Filling Station within the Article 5.2;

{b) The  redevelopment,            modification            or  decommissioning            of  e Stations without the submittal and approval of a specific  projec

(c)    Breach of the rules and requirements on Accesses and cir Article 8;

(d)    Breach of the rules on installation of Storage Tanks set forth  in

(e)    Breach of the rules on Pump Islands set forth in Article 13, whi as very serious offences;

(f)      Breach of the rules on Fuel Dispensers set forth in Article 1 calibration of the equipment by the ANP;

(g)    Failure to comply with the Air Compressor installation rules  set

(h)    The inexistence or malfunctioning of Water Treatment Syste wastewater contaminated with hydrocarbons, as provided in  Ar

(i)      Failure  to comply with the Water Treatment Systems ins operation procedures set forth in Articles 16.3 and 16.4;

U)           The installation of oil separators in locations which  are not inspection and cleaning, in breach of Article 16.2;

(k)      The installation of Gutters, Grills and Sinks in breach of the rul 17;

(I)              Breach of the Technical Specifications for Fuel Filling Statio ANP;

(m) The installation of Fuel Filling Stations in disrespect of the mi distances set forth in this Regulation, .save for those except forth herein in respect of, namely but not limited to, Fuel Filling the effective date hereof and Home Base Fuel Filling Stations;

(n)    The supply of Bottled LPG in Cylinders with a capacity and/o approved by the ANP;

(o)    Failure to comply with the rules of Protection Zones obligatio 23;

(p)    Installing or operating Fuel Filling Stations in breach of the aut under Article 24, provided the situation is not deemed a li Offence hereunder;

(q)    Breach of any of the user's obligations set forth in Article classified as a light or a very serious offence under this Article;

(r)      Failure to comply with the general obligations in case of ins Article 34, in Decree-Law no. 1/2012, of 1 February 2 regulations; and

(s)     Failure to comply with any other technical rules or rules of a forth in this Regulation which are not classified as light or very

1. The following acts are deemed Very Serious Offences subject t from USD 1,500 to USO· 150,000, in case of physical persons, USO 1,000,000, in case of legal persons:

(a)    Operating of Fuel Filling Stations without the necessary loca Article 4.3, or after the deadline for operation in a non-com elapsed;

(b)    Operation of a Fuel Filling Station without the respective Lice the terms and conditions set forth in the same;

(c)    Supply of Autogas or Bottled LPG without the respective Licen

(d)    The installation of Fuel Filling Stations under, in or on buildin parks or any type of building, or Sensitive Areas, as set forth in

(e)    Failure to comply with the rules on Filling Nozzles and Valve 11;

(f)      Failure to comply with the Vapour Recovery rules set forth in A

(g)    Breach of the mandatory Pump Island installation rules set fort

(h)    The transportation and storage of LPG Cylinders in breach of Articles 20 and 29.6;

(i)      Failure to comply with the Safety Zone rules set forth in Article

U)                        Failure  to  comply  with  the  LPG  Safety  and Protection Zon Article 23;

(k)     Failure by the operator, its staff, or the clients to compl measures set forth in Article 29; and

(I)               Breach of the rules on firefighting equipment set forth in Article

1. The offender who commits an Offence under this Regulation ma additional sanctions as provided for in Article 58 of Decree-La February 2012.

CHAPTER VII FINAL PROVISIONS

Article 40

(Existing Fuel Filling Stations and Street Vendor

Without prejudice to Article 7.6, all  Fuel Filling Stations existing on  this Regulation shall have a period of up to 5 years to bring their faci into compliance with the technical rules and specifications set forth h will be deemed to be unlicensed and subject to the penalty provided f The ANP will take into consideration the social and economic conditio Leste for considering the authorisation of operation of Atypical Autom as well as other options for the supply of Fuels, including street vendo

Article 4.1

(Atypical Automotive  Fuel Filling Stations)

Until the approval of the Technical Specifications referred in Art regulation, the ANP may, on a case-by-case basis, authorize the op cities  that  are  District  Capitals,  of Atypical Automotive  Fuel Filling

comply with the requirements set forth in this Regulation, provided c actions and procedures are implemented.

Article 42

(Preparation of Projects and Documents)

1. All documents, Projects, designs and plans of a technical nature Applicants under this Regulation, including but not limited th Articles      4      and  5,  and  any      other      documentation      respecting installations, buildings and facilities to be used in the Fuel Fill prepared by duly qualified consultants, to  be approved on a ca the ANP.
2. At its full discretion, the ANP may exempt companies with pro technical knowledge in constructing and operating Fuel Filling requirement set forth in Article 42.1, provided they demonstrate part of their staff, duly qualified persons to prepare the referred
3. Notwithstanding  Article  42.2,              all documents,              Projects,  design documentation mentioned in Article 42. 1 to- be submitted to or under  this       Regulation  must  be  signed       by  a  duly  qualified documentation       submitted       to       the              ANP,       the       said       professiona undertaking              pursuant       to       which       he       or       she       assumes       full correctness and adequacy of the designs and technical solutio documents.

Article 43 (Fees)

1. As foreseen in Article 23. 1 of ANP Regulation no. 1/2012, of 24 fees applicable for the Licensing of Fuel Filling Stations are se hereto which is deemed a part hereof.
2. The fees set forth in Annex IV may be amended at any time by need of amending the text of this Regulation, such amendments the respective publication in the Joma/  da Republica.

Article 44 (Repeal)

All prior statutes or regulations contradicting the provisions of this repealed.

Article 45 (Effective date)

This Regulation is effective on the day following its publication in the

Approved  by the ANP Board of Directors, on 19 May,

Members:

1) Gualdino do Carmo da Silva - Chair .....................................

2) Jorge Martins, Non - Executive          ..................................

3)     Mateus da Costa - Executive Board Member .........................

4)   Nelson de Jesus - Executive Board Member ...........................

ANNEX I

APPLICATION FORM FOR THE APPROVAL OF LOCATION OF

STATION

Name or Company Designation:

Type of Identification Document:      )   Identification Document  No.: Taxpayer  Identification No.:

Certificate  of registration No.:      I Share Capital:

License to do Business No.: Representative:

Address:

. .

District:       Sub-District:

Telephone:       E-mail address:

Fax No.:

Suco:

Aldeia:

Please tick "../H against the

D Existing Fuel Filling Station

Has the applicant submitted this Application within 90 days

after the publication of (I

Regulation No.1/2013

Includes  new  constructions   in e

modifications, relocation of structur

D Amendment to existing Fuel Filling Station Please include details of the chang

the location of the existing Fuel Fill all relevant documents requir Regulations.

Page 44 of 61

I o New Fuel Filling Station

Nearest filling station

DAutomotive Filling Station

DAtypical Filling Station - Description:

Distance:

                     Km

  Km

Located in urban area or village?      O Yes

Located under, in or on a building?      O Yes

Located in or on underground car parks?      0 Yes

Located in sensitive areas?      O Yes

Located on a road?      O Yes

Located on a motorway?      O Yes

For ANP's e

D Owned Please tick "../" agains

D Leased 

D Other

Please provide details -------------

Current use of the site: (Please provide details)

Has the applicationsubmitted land registrati documents, copy executed agreement Power of Attorney (if t granter of land rights acting on the owne behalf as his/her le representative)?

Geographic reference:

D Please mark if additional information is provided in Annexes 

D 1

D 2

D 3

D 4

D 5

D 6

I  certify  that  all  of  the  information  contained  in  this  form  is

complete and accurate. I understand the information provided to

Fees  paid:------

the ANP is subject to review and audit. The detailed records which substantiate the information contained herein are available upon request.

Receipt No.             

Signature of the ind

Signature:        _

Place:        _ Date: _/_/      

Final Site approval

DSite Approved

D Site Not Approved

DDeferred I Returned (additional elements required)

Remarks/Requirements/Procedures  and  respective timing:

Certificate of Approval of Location for Fuel Filling Station Number

Approving Official                  ANP's

Name:

Position:

Signature

Date:

Valid until:

Notes:

(a)      The Applicant is required to file all documentation required 1/2012, of 1 February 2012 and ANP Regulation No. 1/2012, o together with this Application Form;

(b)      Should the location of an existing fuel station be rejected, the App proposal for bringing the station in compliance with location rule refusal. Should the proposal be approved, the measures shall be 2 years of the respective approval, under pain of closure of the sta

(c)      Should the Applicant elect not to submit the proposal referred in ( must cease to operate within 2 years of the non-approval of this

(d)      The Applicant shall have 90 days to submit to the ANP an Approval of a Project for a Fuel Filling Station, as of the date Certificate of Approval of Location for Fuel Filling Station

(e)      The      location      approval      shall  lapse      if          the      Fuel      Filling  Station implemented within 1 year (or such longer period established by t of submittal of the Application for the Approval of a Project for a F

if such Application is not submitted within the deadline referred in 

"ANNEX  11"

APPLICATION FORM FOR THE APPROVAL OF A PROJECT FOR STATION

General written description of the proposed/existing  facilities

3 sets of plans (preferably in A4 or A3 size) drawn to metric scale and signed by Professional/s

Location plan showing distances from specific and prominent landmarks (preferably to 1:2500 scale), as well as width and conditions of access roads

Certificate of Approval of Location for Fuel Filling Station

Site plan evidencing plot dimensions, layout of buildings with

setbacks from all boundaries, access roads, high water marks,              Yes parking layout, septic tank/other waste disposal system and any

other existing structures (preferably to the scale of 1:200)

Layout plans of each floor of any buildings (preferably to the scale of              DYes 1:100 or 1:200) showing clearly the proposed use of all divisions

Main elevations (preferably to the scale of 1:100 or 1:200), showing              DYes height of building

Area of the site, area of each floor and detailed calculations  for plot              DYes coverage and parking shown on site  plan

Any basement proposed and contour plan submitted to justify the              DYes basement level

D No

D No D No 0 No D No

Details of all walls & fences shown on plans              DYes              0 No

Structural details including:

• Foundation layout
• Columns/Foundation details (bases, strip footing, etc.)
• Beam details for each level
• Slab/s details for each level
• Stairs
• Basement (if any)
• Septic Tank/other waste water disposal  system
• Copy of all structural details of existing structure (if  applicable)

D Yes    O No

OYes    O No

D Yes    O No

D Yes    O No

0 Yes    O No

D Yes    D No

D Yes    D No

O Yes    0 No

Property Certificate/Lease Agreement or any other documents              DYes              DNo demonstrating the ability to use the site

Layout and detailed architectural plans depicting the  location, type              D Yes              D No and characteristics of the proposed canopies, pump islands  and fuel dispensers

Are there any ancillary activities to be performed in the Fuel Filling Station?

O Yes      O No

If yes, has the applicant filled a layout and detailed architectural plans depicting the location, type and characteristics of such ancillary services, namely:

Shop       D Yes       D No

• Convenience Store       0 Yes       0 No
  • Restaurant       0 Yes       0 No
  • Carwash       D Yes       O No

Oil change workshop       D Yes       D No

Repair shop       0Yes       ONo

Other (please specify)              0Yes              O No

Are any plans, layouts or descriptions signed by or  have been              O Yes              D No

prepared by duly qualified consultants i.e. Architect/ Engineer?

Are  the  projects,  designs,  plans and  other technical documentation              D Yes              0 No

signed by a duly qualified professional and accompanied by an undertaking by the latter assuming full responsibility for the adequacy  of the technical solution contained in the documents?

Do the proposed plans, layouts and descriptions comply with the              0Yes              O No

general standards set forth in the Technical Specifications for Fuel Filling Stations, or othe standards approved by the ANP?

If  not, has the  applicant  obtained the  prior written  consent of the              D Yes              0 No

ANP and has the applicant filed the support documentation to prove that equal or higher standards will be applied and  ensured?

D Additional Documents Please provide details

Has the applicant filed general entrance and exit layouts and schematics?

The layout of the filling station is defined so that the vehicles can only move forward?

D Additional Documents Please provide details

Has the applicant filed Storage Tank layouts?              DYes              O No

Does the layout indicate if the Storage tank installed outside the              DYes building?

0 No

Does the layout indicate if the storage tanks installed underground?              DYes              0 No

Do the same detailthe number of tanks?              DYes              0No

Do the same detail the Fuel Type to be used in each of the Storage               DYes Tanks?

Do the same detail the Tank Capacity of each of the Storage               DYes Tanks?

Does the  layout  indicate  if  the  Storage  Tanks are installed/to be               DYes installed  under  buildings,  power   lines,   bridges,   or   in  tunnels, basements, excavations, on other Storage Tanks and in areas that

pose risks of ground instability?

0No O No 0 No

Are the minimum distances applicable to Storage Tanks indicated?               DYes               O No

Are the limits of the Fuel Filling Station property and the distance of               DYes same  to  any  Residential,  Used,  Support,  Ancillary  or Integrated

Building depicted?

0No

D Additional Documents Please provide details

Are  the  minimum  distances  between  Pump Islands and Storage               0 Yes               O No

Tanks indicated?

Does the proposed layout clearly indicate the existence of Safety Zones?

D Yes   D No

Does   the   proposed   layout   clearly   indicate   the  existence   of               DYes

Protection Zones?

Are the  Safety and  Protection Zones  of the  Pump  Islands and Fuel               DYes Dispensers depicted?

D No O No

D Additional Documents Please provide details

Does the applicant intend to provide LPG?               0Yes               O No

Has the  applicant filed  any  plans for a dedicated  Storage  Area for               D Yes               D No

the storage of Cylinders of Bottled LPG?

Do the layout plans detail the demarcated  and  protected space               O Yes               0 No

within the Fuel Filling Station for storage of Bottled LPG?

Has  the  applicant  filled  any  dedicated  plans  for  Pump Islands for                D Yes                D No

Autogas?

I

D Additional elements (lf any) Please provide details

Annex No.                  Name                  Details

D

D 2

D 3

D 4

D 5

D 6

I certify that all of the information contained in this form  is

Fees  paid:--------

complete and accurate. I understand the information provided

to the ANP is subject to review and audit. The detailed records

Receipt No. -------

which   substantiate   the   information   contained   herein  are

available upon request.

Signature of the ind

Signature:------------------

Place: ----------- Date. _/_/                                             

    additional  elements  required           

Remarks/ Requirements/Implementation Procedures and respective timing:

Notes:

(h)      All Projects submitted shall comply with the Technical Specificat Stations or other standards adopted by the ANP;

(i)        Any variation of the standards set forth in the Technical Specific the prior written consent of the ANP;

(j)         The ANP may request additional documentation from the Ap adequately assess the Application;

(k)       ANP  shall decide  on  the Application  within 90  days of  the  dat

requested document is submitted by the Applicant;

(I)                   The ANP's decision shall include the procedures and timing for th the project, which must be strictly complied with;

(m)    The Applicant shall have 1 year (or such longer period as establis of the date of submittal of this form to effectively implement the Pr the respective License;

(n)      The issuance of the License shall be preceded by an inspectio ANP Regulations nos. 1/2012 and 2/2012, both of 24 October 201

ANNEX  111

CERTIFICATE OF APPROVAL OF A PROJECT FOR A FUEL FIL

PROJECT FOR A FUEL FILLING STATION

TO WHOM IT MAY CONCERN, THE ANP, IN ITS . CAPACITY OF SUPERVISOR DOWNSTREAM SECTOR AND IN THE EXERCISE OFITS LICENSING POWERS, PU OF DECREE-LAW NO. 1/2012, OF 1 FEBRUARY AND ARTICLE 5.9 OF REGULAT STATES AND DECLARES. THAT

Name or Company Designation:

Type of Identification Document:       Identification Document No

-

Taxpayer Identification No.:

- - -

Certificate ofregistration No.:       Share Capital:

-

License fo do Business No.:

-        - -

-Address':-- --

--                 -                 - -- --    -

District:       --· -          Sub-District:    I

-

Telephone:  _       E-mail address:

..  -

Certificate of Approval of Location for Fuel Filling Station Number        

"                       

HAS BEEN GRANTED THIS

CERTIFICATE OF APPROVAL OF A PROJECT FOR A FUEL FI

NO. /20-

THIS CERTIFICATE IS VALID AS OF          (insert date)          UNTIL          (insert

Approving Official                 ANP'

Name Position:

Signature

Dated:

ANNEX IV FEES

1. Retail Fuel Filling Station Licensing  Fees

e

,--------------   ------------   ----·   -     

2.      Home Base Fuel Filling Station Licensing  Fees

Criterion     Annual     Renewal     Late     Amendme

Per Fuel Filling           Value of           150% of           50% of

Station

USO 500                      Annual                      Annual                      Annual License Fee           License Fee           License F