The Petroleum (Wholesale, Storage, Retail and Consumer, Installation Operations) Rules, 2020

This section is titled “Interpretation” and appears in Part II on application for a construction approval.

This section concerns applications for construction approval.

This section is about the fee for applying for construction approval.

This section concerns an obligation to construct a retail outlet in rural areas.

This section is titled “Suspension and revocation of construction approval” and appears in Part III on licensing procedures.

A person may not construct a regulated facility unless they first obtain construction approval from the Authority.

This section concerns a power to enter and close a facility, building, or premises.

This provision is titled “Licensing requirements for petroleum wholesale licence.”

This section is titled “Licensing requirements for petroleum retail licence.”

This section is about licensing requirements for a petroleum storage licence.

This section is about licensing requirements for a petroleum consumer installation licence.

This section is about applying for a transfer of a licence.

This section is titled “Suspension or revocation of licence” and appears in Part IV on the general obligations of a licensee.

A person must not carry out a regulated activity without a licence from the Authority.

If the Authority finds a breach of rule 10(1), it may enter any building, premises, or facility and close it down, despite the penalty in rule 10(2).

A licence applicant must meet specified technical and financial requirements before a licence can be issued.

A person cannot be issued a retail licence unless the application meets the listed requirements.

A person will not be issued a petroleum storage licence unless the application meets specified licensing requirements.

A person can receive a petroleum consumer installation licence only if the application meets listed requirements; the Authority must also consider nearby petroleum supplies within 5km when deciding.

The Authority may issue a licence with specific conditions to an applicant who does not meet some licensing requirements, and those conditions must be fulfilled within a prescribed time.

A licence applicant must apply to the Authority using the required form and include the specified supporting documents and fee.

The Authority must check each licence application for completeness and legality, publish notice in at least two Tanzanian newspapers (one English and one Kiswahili), pay the publication costs, and consider public comments before deciding.

The Authority may grant, deny, or send back a licence application within 60 days after a complete application is filed.

The Authority must revoke a licence if the licensee stops conducting the regulated activity for the specified continuous period, and a revoked licensee cannot get another licence for 12 months.

A licence cannot be transferred or assigned unless the Authority gives written approval, and an application with the required forms, documents, fee, public notice, and comments process must be completed.

A licensee may change its name, but if it does so it must notify the Authority in writing within 30 days and include a certificate of the name change.

A change of ownership that makes a third party the majority shareholder of a licensed company needs written approval from the Authority.

A licensee seeking renewal must apply to the Authority at least three months before expiry and use the required form and documents.

The Authority may suspend or revoke a licence for listed misconduct, but must give 21 days’ notice first. A revoked licensee is barred from being licensed again for 12 months. The Authority may also waive suspension or issue a warning/remedial measure in some cases.

This section labels trading between wholesalers as an offence.

This section concerns maintaining records and providing or disclosing information.

This provision is titled “Obligation to provide information to NPGIS.”

Section 34 is titled “Customer service standards” under Part V on environmental protection.

A licensee must follow the rules, keep required records, report dangerous incidents quickly, give the Authority access, and meet several safety and operating requirements.

A wholesaler must not sell or buy petroleum products to or from another wholesaler.

A licensee must take reasonable precautions when handling petroleum products and must dispose of waste petroleum products in a lawful, proper place and manner.

A licensee must compensate people who lose money because of a regulated activity. The affected person must first complain to the licensee, and if there is no settlement, may take the matter to the Authority.

A wholesaler must not import petroleum product unless the import is carried out through efficient procurement under the Petroleum (Bulk Procurement) Regulations.

A licensee must keep complete and accurate records and data, and must promptly give the Authority requested documents, records, or information about its regulated activity.

Wholesalers must submit specified petroleum information to NPGIS, using internet or SMS.

The Authority generally treats licensee information as not confidential, and it can control publication if it decides the information is confidential.

Wholesalers and retailers must set up customer service and complaint-handling arrangements, and keep trained staff, subject to guidelines from the Authority.

This section is about compliance with environmental laws and standards.

This section is titled “Sanctions for violation of environmental laws.”

A licensee must follow environmental laws and standards for the facility and do environmental impact assessments, pollution-prevention measures, safety compliance, and environmental audits.

If the Authority finds that a licensee has broken these Rules or applicable environmental law, it must take appropriate action under the Environmental Management Act and other applicable laws.

Section heading for a hospitality arrangement within the technical provisions.

A person seeking petroleum wholesale business may ask a depot owner for a hospitality arrangement if the depot is licensed. The depot owner must जवाब within 30 days, may refuse if not feasible, and must give written reasons for a refusal.

This section concerns compliance with specifications and standards.

This provision concerns technical requirements for a retail outlet.

This section concerns earth bonding and installation of an Electronic Fiscal Pump Printer (EFPP).

This section is titled “Technical requirements of consumer installation facility.”

This provision is titled “Site restoration” and appears in the compliance and enforcement part of the instrument.

A licensee and anyone with a construction approval must follow the approved specifications for building a regulated facility and for handling, storing, and composing a petroleum product.

A depot operator must put in place and maintain core safety systems, training, signage, records, and firefighting equipment for depot operations.

A depot operator must make sure depot pipelines are color-coded in the specified colors for each pipeline type.

A retailer must colour-code tank manhole covers and slabs and design the retail forecourt for safe, rapid customer movement and access to added facilities.

A retailer must place dispensing pumps so they are visible, accessible, and monitored as required, and must use specified surface materials for forecourts, driveways, and fueling/offloading areas.

A retailer must install and maintain an offloading area with an earth bonding wire and dispensing pumps with an Electronic Fiscal Pump Printer (EFPP), as required by applicable law.

A retailer must make sure a retail outlet has oil interceptors, the drainage/fueling area is connected to them, and effluent hydrocarbon content stays at or below 10 ppm.

Retailers must ensure retail outlet buildings, canopies, lighting, and standby generators meet specified safety and security requirements.

Retailers must make sure emergency switches are installed on all sites so power can be cut to dispensing pumps during emergencies like oil spills or fires.

A petroleum price billboard must be erected conspicuously at a retail outlet, either as a free-standing structure or as part of the prime sign.

Retail outlets must display petroleum product prices on the billboard, including each product’s unit price in shillings per litre.

Facilities must display warning notices and pictograms, and retailers must include specified details on underground tank identification.

Consumers with above-ground or underground storage facilities must observe the technical requirements stated for them.

A licensee must prevent fire and explosion risks at a facility, provide and maintain fire-fighting equipment, post signs where petroleum products are handled or stored, and keep a fire emergency plan.

If a petroleum product spill occurs, the licensee must notify the Authority within 24 hours and take all necessary cleanup steps.

A regulated facility may be decommissioned, but the licensee or owner must submit an approved decommissioning plan, pay a decommissioning fund, and give notice before decommissioning.

The Authority must issue a certificate of compliance to a licensee after confirming the area has been restored, and it must consult the Council before doing so.

This section is titled as a power to enter and close a facility, building, or premises.

This section is titled as dealing with penalties for tampering, cutting seals and tapes, or removing signage from a regulated facility.

This section concerns inspectors’ obligations during inspections.

Section heading: Prohibited acts against inspectors.

The Authority may inspect regulated places and items to check compliance, and operators must help inspectors during the inspection.

After an inspection, a person found in violation must complete Form No. 6 and either admit the offence or dispute it; if admitted, the person must pay the prescribed fine, and if disputed, the person may be charged criminally.

The Authority may issue a compliance order to the person responsible for a violation if it is satisfied that a person has committed, may commit, or has violated an offence-related provision.

An inspector must enter and may seal or impound a regulated facility, building, premises, or transport unit if the inspector determines a regulated activity is being carried out in breach of the Rules.

Any person must not tamper with or cut a seal or yellow tape, or remove signage, that the Authority has affixed at a regulated facility.

An inspector must identify themselves, explain the inspection, act fairly and professionally, avoid discrimination, conflicts of interest, force, and abusive language, and grievances may be reported in writing to the Authority within 14 days.

A licensee must not obstruct or abuse the Authority, ignore its notices or directions, or refuse to answer its questions when required.

Section 63 is titled “Appeal.”

This provision appears to concern authority to supplement procedures as needed, but the source text does not provide the operative rule.

These Rules may be cited as the Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules, 2020.

These Rules govern petroleum wholesale, storage, retail operations, consumer installation operations, and related matters in Mainland Tanzania, but they do not apply to petroleum retail business in townships and villages.

This section defines key terms used in the Rules, including the Authority, licence, regulated activity, bulk quantity, incident, and supervisor.

An application for construction approval under rule 4(2) must include a non-refundable fee set by the Authority.

The Authority must review certain applications, decide whether to grant or deny construction approval, publish approvals in the Gazette, and give written reasons for denials.

A retailer with at least four outlets in a city, municipality, or district township area must build at least one retail outlet in a township or village that has none.

A construction approval under rule 6 stops being effective if the holder does not start construction within 24 months from the date it was issued.

The Authority may amend, withdraw, suspend, or reinstate a construction approval, and must give the holder at least 21 days’ notice and reasons before intended withdrawal, suspension, or amendment.

Any wholesaler that does not meet these Rules after they come into force must conform within three years.

A person who breaches these Rules without a specific penalty commits an offence and, if convicted, is liable to a fine of five million shillings.

A person aggrieved by a decision, direction, or order made by the Authority or an authorised officer may appeal within 14 days.

The 2018 Petroleum (Wholesale, Storage, Retail and Consumer Installation Operations) Rules are revoked, but existing licences, approvals, orders, exemptions, and directives continue in force until revoked or they expire or otherwise cease to have effect.

If these Rules do not provide a procedure, the Authority may take whatever lawful steps are needed to adjudicate the matter effectively and completely.

The listed documents must be attached in the application, including incorporation, constitutional, business licence, TIN, and VAT documents where applicable.

The form asks for the retail outlet’s physical and postal address and contact details.

The form asks the applicant to state the legal status of the applicant.

This section asks for contact person details such as name, title, address, phone, fax, cell phone, and email.

The applicant must provide certain applicant information on a separate sheet, where applicable.

If the applicant is in a joint venture with another entity, they must provide specified contact and address details and attach proof/documents.

The form asks for the applicant’s name, and says to insert the trading name.

The form asks the filer to fill in registration status details where appropriate and attach copies of any documents that apply.

This section asks for the facility’s physical and postal address, telephone, fax, cell phone, and e-mail details.

If the applicant is in a joint venture with another entity, the applicant must provide specific contact and identification details.

This provision lists the facility’s address and contact details to be provided.

If the applicant is in a joint venture with another entity, the application must include specified details about that other entity and related contact information.

This provision lists the facility contact details to be provided: physical address, postal address, telephone, facsimile, and cell phone.

The form asks the applicant to state its legal status and choose an entity type.

If the applicant is in a joint venture, they must provide specified contact and identity details.

The application asks what kind of business the applicant is involved in.

The applicant must fill in its trading name and registration details, provide key registration and tax numbers, and attach copies of required certificates and approvals.

This provision requires address and contact details for the facility or licensee to be provided in the listed fields.

This section requests contact person details.

This section lists current licence details fields: licence number, date issued, and expiry date.

The licensee is asked whether it has had any material changes since its previous application, and if yes, to provide details.

The applicant must provide the fee amount, choose a payment mode, and attach the payment receipt copy.

An applicant must, where appropriate, submit the listed documents so the application is complete.

The applicant must attach or submit the listed documents, where appropriate, so the application is complete.

The applicant must attach and submit the listed documents, where appropriate, for the application to be complete.

The form must be completed fully, with all required information and enclosures, and returned to EWURA/Director General; it may be submitted electronically or by delivery.

Applicants must complete the form, attach the required documents, and submit it to EWURA or the Director General; incomplete applications will not be processed.

This form requires the signer to declare that they are authorized to make the application for the applicant and that the information provided is correct to the best of their knowledge.

This provision says unethical business practices and corruption are major obstacles to sustainable economic growth and public confidence in Tanzania.

A company involved in petroleum activities in Tanzania acknowledges responsibility to support good governance and to conduct business with transparency, ethics, and integrity.

The text says anti-corruption efforts by the Government and PCCB need commitment from the business community, and it introduces a pledge that follows.

The company must avoid bribery and corruption, share its anti-corruption stance and code of conduct, train staff and partners, keep transparent reporting, use integrity pacts in procurement, provide confidential reporting channels, and avoid unethical or national-security-harming business.

The speaker commits to support and participate in an integrity initiative, including meetings, sharing best practices, creating controls, backing audit and certification programs, and institutionalizing the process.

Company and individuals must follow the integrity pledge in all respects and are responsible for consequences of non-compliance.

The provision says there is zero tolerance for corruption in relation to the business.

Corrupt or unethical practices occurring in the business place are to be reported to the appropriate Authority.

The signer must ensure employees and agents comply with the pledge and is responsible for their actions if they do not.

The applicant(s) must complete this section.

If the licence is transferred, the new occupier must apply for the transfer, follow EWURA’s conditions and applicable laws, and not change the approved premises arrangements or use the premises for a different purpose without EWURA’s written approval.

Applicants who are individual persons or partnerships must be over 18 years old.

When signing the form, the transferee and transferor declare they are authorized to make the application and that the information provided is correct.

The application, together with the appropriate fee, should be forwarded to the Director General.

Refers to the original copy of a valid EWURA licence for the licensed facility.

A certified copy of the transferor’s tax clearance is required for the licensed facility.

A lease or sale agreement must be endorsed by the Tanzania Revenue Authority.

This section refers to company registration documents of the transferee, if any.

This provision concerns proof of payment of the transfer application fee, which is to be prescribed by the Authority.

This provision refers to a signed integrity pledge prescribed in the second schedule.

Any additional document required for a transfer must be provided at the time of transfer.

If a transfer is initiated by law or a court order, the transferee must submit documents showing entitlement to the facility rights.

The form requires the signer to declare that they are authorized to make the application for the applicant and that the information given is correct.

If you do not admit the offence, you must complete PART A and send it to the Director General of the Authority. If you do admit the offence, you must complete PART B and send the notification, with the statutory penalty for each admitted offence, to the Authority within 14 days of service.

The supplier must sell petrol, diesel, and kerosene to the purchaser at the monthly quantity set out here, and the quantity can change with 60 days’ notice depending on the purchaser’s market demand.

The contract stays in force for the stated period and can be renewed if the parties agree.

This contract ends at the end of the contract period under clause 2 unless it is renewed.

Either party may terminate the contract at any time by giving the other party two months’ written notice.

When the contract ends, the parties must take necessary steps to carry out any contractual obligation made before termination.

Both parties may renew the contract if they agree on the terms and give the other party prior written notice at least two months before expiry.

The parties may amend the agreement in writing if they both agree.

The supplier must sell the agreed petroleum quantity to the purchaser, meet quality specifications, issue invoices and delivery notes with the retail outlet’s name and licence number, and keep the price at or below the wholesale cap price published by EWURA.

The Purchaser must keep buying the agreed quantity of petroleum products from the Supplier and must not pay above approved EWURA prices.

The purchaser must place an order that states the purchasing retail outlet name, licence number, product type, and quantity.

The placed order must be submitted in writing to the supplier’s contact person, who is appointed when the agreement is signed.

If the supplier defaults, the supplier must pay the purchaser a penalty tied to the gross margin of retailers under the EWURA price-setting rules for the petroleum products not supplied.

If the purchaser defaults, the purchaser must pay the supplier a penalty calculated by reference to the gross margin of wholesalers under the EWURA petroleum products price-setting rules for the undelivered quantity.

Notices under this contract must be in writing and are treated as properly served if sent by email, hand delivery, or registered mail to the stated address or another address given in writing.

Disputes must first be settled amicably between the parties, then referred to EWURA if needed; the parties may still go to the courts of Tanzania for legal remedies.

An applicant must attach or submit the listed documents for the application to be complete, where appropriate.

The applicant must list and attach specified supporting documents with the application.

Applicants must complete the form, attach required enclosures, and provide all required information; EWURA will not process an incomplete application.