The Petroleum (Lubricant Operations) Rules, 2022

This section is a set of headings covering citation, application, interpretation, construction approval, fees, grant, duration, suspension, revocation, and licensing procedures.

This section appears to list licensing-related topics for lubricant operations, including an obligation to obtain a licence and a power to enter and close a facility.

This section lists matters about licences and supplier obligations, including grant, duration, transfer, renewal, suspension or revocation, and obligations to protect lives and property and compensate for loss suffered.

A person must not carry on a licensed activity without first getting a licence from the Authority. The Authority must issue licences for lubricant wholesale and lubricant distribution businesses.

If the Authority finds that a person has breached rule 9(1), it must enter any facility and close it down, despite the penalty under rule 9(3).

A lubricant wholesale licence cannot be issued unless the applicant meets specified technical and financial requirements.

A person cannot be issued a licence to run a lubricant distribution business unless the applicant meets the listed technical licensing requirements.

The Authority may issue a licence with specific conditions, and those conditions must be fulfilled within a prescribed time.

A licence applicant must apply to the Authority using Forms 2B and 2C.

This section is about maintaining records and providing or disclosing information.

This section is titled “Confidential information” in Part V on environmental protection.

Suppliers, wholesalers, and distributors must follow the listed operating rules for lubricant activities, including registration, labeling, reporting, recordkeeping, and notice to the Authority.

Suppliers must take reasonable precautions when dealing with lubricants to protect people, property, and the environment. Wholesalers must dispose of lubricant-related waste in an approved manner and place, following applicable law and industry practices.

A supplier must compensate people who suffer loss from a licensed activity or lubricant retail business. Affected people may first complain to the supplier for an amicable settlement, and if that fails they may refer the matter to the Authority.

Wholesalers and distributors must keep complete and accurate records and data about their licensed activity and provide related documents, records, or information to the Authority at all times.

Suppliers cannot refuse to give information to the Authority just because it is confidential, and the Authority can restrict publication if it decides information is confidential.

This section concerns compliance with environmental laws and standards, and mentions sanctions for violations.

Suppliers must follow applicable environmental laws and standards for licensed activities. Wholesalers, distributors, and LOBs must also prevent pollution, meet environmental/health/safety standards, and carry out an environmental audit, subject to applicable law.

If the Authority finds that a supplier has breached licence conditions, the Act, these Rules, or an applicable environmental law, it must take appropriate action under the applicable law.

Operator, driver, or employee must witness and facilitate sampling.

A supplier must follow approved lubricant specifications and cannot deviate without prior approval from the Authority.

A distributor must always keep a valid dealership agreement with a wholesaler, and both wholesaler and distributor must provide the signed agreement to the Authority on request.

Wholesalers, distributors, and retailers in dealership arrangements must provide technical support and keep their businesses or outlets compliant with the Rules.

A person who breaches rules 31 commits an offence and, if convicted, faces a fine of at least 3,000,000 Tanzania shillings or at least 3 years in prison, or both.

Lubricant repacking or decanting for sale must be done at a wholesaler’s lubricant blending plant and must not alter the lubricant’s properties.

A container’s lubricant content must not fall below the amount specified on the container; a shortfall is treated as under filling.

A supplier who sells, offers for sale, packs, or distributes an under filled container must be referred to the certification authority for action.

A supplier must not mislead customers about a lubricant’s brand name, composition, grade, or quantity.

Suppliers and wholesalers have specific storage and safety duties for lubricant operations.

Suppliers at licensed facilities must provide and maintain adequate fire extinguishing equipment and test it at least once a year.

A wholesaler with a blending plant must establish a fire emergency plan for use in a fire at a licensed facility.

Wholesalers and other persons must not handle lubricant that is not registered with the Authority; a refusal to register must be given in writing with reasons, and breaches can lead to a fine.

This section is titled “Offence” and sits under lubricant testing and re-testing procedures.

This section appears to introduce topics on qualified laboratories, re-testing, and a right to witness re-testing during inspection procedures.

Section 52 is titled “Offence” and appears under Sub Part IV on procedures for impoundment of a transport unit.

This section heading refers to impounding and releasing a transport unit, an exemption from liability, and penalties for non-conforming products.

A section titled “Penalties for non-conforming products” referring to a licensed facility with a revoked licence.

This section appears to cover temporary closure of a facility, impounding a transport unit, disposal of non-conforming products, and penalties for tampering with seals or tapes.

This section concerns signage for a licensed facility or transport unit.

The Authority must sample and test lubricants and petroleum products, and a supplier must keep an operator present at certain licensed locations at all times.

During an inspection, the inspector must identify himself, take samples, and give the sample collection form for signing. The operator, driver, or relevant employee must cooperate, follow the inspector’s lawful instructions, and allow unhindered access.

An inspector must take and handle lubricant samples in a specified way, including the number of samples, container method, labelling, witnessing, and sealing.

An inspector must complete and manage the sample collection process, and the Authority must keep the document in chain-of-custody order.

Certain workers at a licensed facility, lubricant shop, or transport unit may witness sampling and must help the inspector with it.

Any person who breaks rule 43 or rule 44 commits an offence and, if convicted, may face a fine, imprisonment, or both.

The Authority must choose a qualified laboratory for lubricant sample testing and notify the operator of the results within seven working days.

If someone disputes the first test results, the Authority may order a re-test, and the disputing person must pay the re-testing costs.

The operator, complainant, or their representatives may witness a re-test. If they do not appear, they are treated as having waived that right and allowed the Authority to re-test without them.

Inspectors may inspect licensed facilities, lubricant shops, transport units, and related documents, and operators must help with inspections.

A person who breaches rule 51(2) commits an offence and, if convicted, faces a fine of at least twenty million Tanzania shillings, imprisonment for at least three years, or both.

An inspector may impound a transport unit if the lubricant brand found is not registered by the Authority; after impounding, the Authority must stocktake, seal the unit, and order disposal, and no one may offload lubricant without prior authorization.

An impounded transport unit may be released only after the Authority is satisfied that the lubricant has been properly disposed of, the operator has paid the fine, and the Authority has issued a written release order.

The Authority is exempt from liability for impounding any transport unit, and the operator must bear the impoundment and safe-keeping costs.

An operator found with non-conforming petroleum product can be fined or imprisoned, and the Authority can order disposal, stop sale or transfer, seek help from other authorities, and revoke a habitual offender’s licence.

A facility whose licence has been revoked must stay closed and cannot get a licence for 12 months from the revocation date.

The Authority may order temporary closure of a licensed facility, or impound a transport unit, after taking a lubricant sample if the stated risk or non-conformity conditions are met.

If the Authority believes someone has non-conforming lubricant and tried to defraud government revenue, it must refer the person to TRA or another relevant authority.

An operator whose product was disposed of under rule 57(2)(b) must pay the appropriate fine within 7 days; if the fine is not paid, the facility, transport unit, or lubricant shop may be closed until payment in full and a written reopening order from the Authority.

Any person who tampers with a barred non-conforming product or removes Authority signage at certain premises commits an offence and may be fined or imprisoned.

This section lists topics covered in Section 69, including inspection of a facility, offences, compliance orders, inspector obligations, prohibited acts against inspectors, decommissioning, and site restoration.

The Authority and inspectors may inspect licensed facilities, transport units, lubricant shops, equipment, documents, and related items. Operators must help inspectors during an inspection.

After an inspection, the responsible person must complete the offence form section that matches whether the offence is disputed or admitted; admitted violations trigger a fine within 14 days, disputed violations require a written reply within 7 days; inspectors may also close or impound a facility or transport unit if there is imminent danger.

A person who refuses to sign the Notification of Offence Form when required by an inspector commits an offence and may be fined or imprisoned.

The Authority may issue a compliance order when it finds a continued violation, and an inspector may ask police or other law enforcement institutions for assistance.

Inspectors must identify themselves, explain the inspection, act professionally and fairly, avoid discrimination and conflicts of interest, and not use force or abusive language.

A supplier must not obstruct or insult an inspector, ignore an inspector’s requirements, or refuse to answer questions when required.

A licensed facility may be decommissioned under this rule, and a wholesaler with a lubricant blending plant must give the Authority at least 30 days’ notice before decommissioning. The LOB must pay the decommissioning costs.

Before decommissioning a licensed facility, a LOB must restore it to its original state so it does not threaten the environment or public health and safety.

This excerpt is only a heading about appeal, revocation, and authority to supplement procedures.

An aggrieved person may appeal the Authority’s decision to the Tribunal.

The 2020 Petroleum (Lubricant Operations) Rules are revoked, but existing orders, exemptions, and directives made under them continue in force until revoked or otherwise ended.

If these Rules do not provide a procedure, the Authority may take necessary and lawful steps to finish deciding the matter before it.

These Rules may be cited as the Petroleum (Lubricant Operations) Rules, 2022.

These Rules regulate lubricant wholesale, distribution, and retail business in Mainland Tanzania.

This section defines key terms used in the Rules, including “Authority,” “licensee,” “licensed activity,” and “operator.”

A person must get construction approval from the Authority before constructing a lubricant blending plant, and an applicant must file the prescribed application form.

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

The Authority must evaluate applications under rule 4 and decide whether to grant, deny, or refer them back.

A construction approval stays in force for a period the Authority decides, but it stops having effect if construction is not started within 24 months of issue.

The Authority can withdraw, suspend, reinstate, or order suspension of construction work for a construction approval, with notice rules and some exceptions.

The Authority must check a licence application for completeness and correctness, publish notice of it, and consider public comments before deciding.

The Authority must decide licence applications, consider specified factors, and give written reasons when it denies or refers back an application.

A lubricant wholesale and distribution licence lasts five years, unless the Authority extends it on a licensee’s written application. The licence stops having effect if the licensee does not start the licensed activity within six months of issuance.

A licence cannot be transferred or assigned without the Authority’s written approval, and the transferor or assignor must apply using Form No. 2D.

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 change of name from the relevant authorities.

A change of ownership that makes a third party a majority shareholder needs the Authority’s written approval.

A licensee must apply for renewal at least six months before the licence expires, using Form No. 2E and the required supporting documents.

The Authority may suspend or revoke a licence for certain misconduct by the licensee, but it must first give 21 days’ notice. It may also waive a suspension if the problem has stopped and no longer exists.

The form asks the applicant to provide its trading name, business address, telephone and fax numbers, and email.

Provide the proposed facility’s location and complete address details.

The applicant must attach the relevant document, including the TIN number.

This section lists the contact person details to be provided: name, title, physical address, postal address, telephone, facsimile, cell phone, and email.

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

If the applicant is in a joint venture with another entity, the form asks for the other entity’s details.

This section asks for the fee amount, payment mode, and payment receipt number, with space to note cheque, cash, or other payment details.

This provision lists contact details to be provided for a retail outlet, including physical address, postal address, telephone, fax, cell phone, and email.

The applicant must indicate its legal status by selecting one of the listed entity types or specifying another type.

This form section asks for the contact person’s name, title, address, phone numbers, fax, cell phone, and email.

This section provides fields for stating an application fee amount and the payment method.

The applicant must attach the listed licenses, permits, certificates, and supporting documents with the application, where applicable.

This section asks for registration details to be filled in where appropriate.

The form asks the applicant to state its legal status and provide a contact person.

This section lists contact details to be provided: name, title, physical address, postal address, telephone, facsimile, cell phone, and e-mail.

The applicant must attach the listed documents and permits with the application.

This item asks for the applicant’s name, with a trading name to be inserted.

A registration form section asks for incorporation, compliance, business licence, TIN, and VAT numbers where applicable.

This provision lists the contact and location details for a retail outlet to be provided.

This section asks for a contact person’s details, including title, name, physical address, postal address, telephone, facsimile, cell phone, and email.

This section is a form field for recording current licence details, including licence type, licence number, date issued, and expiry date.

The form asks whether the licensee has had any material changes since its previous application and, if yes, to provide details.

The applicant must pay the application fee using the listed payment methods and may need to provide extra information or, if filing electronically, print, sign, and submit the form with supporting documents.

An applicant must attach the listed documents to the application and indicate them where needed.

The declarant must confirm they are authorized, that the information is correct, and provide extra information EWURA may ask for. If the form is completed electronically, it must be printed, signed before a Commissioner of Oaths, and submitted with supporting documents to EWURA offices.

This section asks the applicant to provide business registration and tax details.

The declarant says they are authorized to make the application and that the information provided is correct. If the form is completed electronically, it must be printed, signed before a Commissioner of Oaths, and submitted with supporting documents to EWURA headquarters or a zonal office.

The form asks for the applicant’s name and trading name in Part I.

This form section must be completed by the current licensee, and electronically completed forms must be printed, signed before a Commissioner of Oaths, and submitted with supporting documents to EWURA headquarters or a zonal office.

The applicant(s) must complete this section.

The new occupier of the premises applies for transfer of the current licence and says the information about the transferee is true to the best of their knowledge.

When a licence is transferred, the transferee must follow EWURA’s conditions and applicable laws, keep the approved premises arrangements unless EWURA gives written approval, and keep using the premises only for the existing purpose at the time of transfer.

If the applicant is an individual person or partnership, the applicant must be over 18 years old.

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

The application and appropriate fee should be forwarded to the Director General, EWURA in Dodoma.

This item refers to the original copy of a valid EWURA licence for the licensed facility.

This provision refers to a certified copy of tax clearance for the licensed facility.

This section refers to lease or sale agreement stamp duty being paid.

The Applicant must submit supporting documents when the transfer is by death or by order of the Court.

Section 6 concerns proof of payment of the transfer application fee.

This section is a heading about any other document required at the time of transfer.

The text says unethical business practices and corruption have hindered sustainable economic growth in Tanzania and weakened public confidence in government institutions.

The company says it is responsible for good governance and for running its petroleum business in Tanzania with transparency, ethics, and integrity.

The provision says corruption-reduction efforts need commitment from the business community to support integrity and fair competition.

The pledging entity must avoid bribery and corruption, support anti-corruption compliance, and keep reporting, training, risk, whistleblowing, procurement integrity, and insurance arrangements in place.

The parties commit to support and take part in integrity, transparency, and ethical business initiatives.

The company and individuals commit to follow the integrity pledge in all respects and accept responsibility for consequences of non-compliance.

The provision says the business will take zero-tolerance action against any employee, staff member, or other person involved in corruption.

The signer pledges to report corrupt or unethical practices and to ensure employees and agents follow the pledge.

This section is a company details form asking for the company name, location information, and EWURA lubricant wholesale licence number.

Submit lubricant details in the required format and attach an annex listing the required enclosures for each lubricant type.

The declarant must state that the submitted information is correct to the best of their knowledge and must take responsibility if it is incorrect.

This section contains fields for inspector names and signature.

This section is a notification form for an offence involving lubricant wholesale, distribution, or retail business.

A person charged with an offence must either complete Part A and send written answers within 7 days, or complete Part B and send the notification with the statutory penalty within 14 days if admitting the offence.