قانون الطاقة / النفط والغاز في الإماراتقانون اتحادي بشأن تداول المواد البترولية

Article (1) Definitions In the application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them unless otherwise required in the context: State: : The United Arab Emirates. Ministry : Ministry of Energy. Minister : The Minister of Energy. State Territory : Includes all State lands, marine areas and the airspace above its lands and marine areas, including the free zones. Marine Areas : Inland water, territorial sea, exclusive economic zone and the continental shelf, as defined by the legislation in force in the State. Competent Authority : The local authority competent to issue a trading permit. Concerned Entity : Any federal or local entity, legally mandated to respond to accidents and emergencies in the State. Trading : Entering petroleum products to the State territory, manufacturing, storing, packaging, transporting, marketing, distributing, offering for sale, selling, purchasing or providing the same to others. Illegal Trading : Trading in violation of the provisions of this Law and the decisions issued thereunder.

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Federal Law No. (14) of 2017 On Petroleum Products Trading 3 Trading Permit : The document issued by the Competent Authority, permitting the trading of petroleum products in accordance with the provisions of this Law and the decisions issued thereunder. Licence : The document issued by the Competent Authority, based on the Trading Permit, to issue a licence for practicing economic activities at the Emirate. Committee : Petroleum Products Trading Regulatory Committee. Register : Special register prepared by the Ministry for trading. Petroleum Products : Hydrocarbon gas and petroleum derivatives. Crude oil is not considered one of the petroleum products covered by the provisions of this Law. Hydrocarbon Gas : Hydrocarbons in their gaseous state, which include but are not limited to petroleum derivatives produced or imported for trading; natural, compressed and liquefied gas; and the gas remaining from the process of crude oil separation, waste disposal sites or any other source. Petroleum Derivatives : The substances extracted from crude oil, and include but are not limited to, benzene (gasoline), kerosene, gas oil (diesel), fuel oil, base oils, lubricant oils of various types such as motor oils, industrial oils and greases, tar (bitumen), liquefied petroleum gas (domestic) and bio fuels. Authorised : A natural or legal person holding a Trading Permit. Means of Transportation : Any land, sea or air means used for trading. Authority : Emirates Authority for Standardisation & Metrology.

Article (5) Trading 1. The Minister shall issue the following, in coordination with the Competent Authority: a. The standard conditions and procedures for the issuance of a Trading Permit. b. The standard conditions and procedures for the issuance of a transport permit among the Emirates. c. The standard conditions and procedures for listing in the Register. d. The requirements and conditions related to the trading of each of the petroleum products. e. The requirements and conditions related to the places specified to preserve, store and manufacture petroleum products, their means of transportation and the safety and security standards in force at the State.

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Federal Law No. (14) of 2017 On Petroleum Products Trading 5 2. The Competent Authority may add any additional conditions and procedures, provided that they are not inconsistent with the conditions and procedures issued pursuant to the Minister's decision.

Article (7) Competencies of the Competent Authority The Competent Authority shall undertake the following powers and duties: 1. Issue a Trading Permit, based on the recommendations of the Committee, in accordance with the terms and conditions stipulated in this Law and the decisions issued thereunder. 2. Verify the commitment by the licensee to the provisions of this Law and the decisions issued thereunder, including verifying the presence of the terms and conditions related to the means of transportation, the storage warehouses and facilities of the licensee, as used in trading, and verifying their conformity with the safety, security and environmental standards. 3. Consider any application submitted thereto from the licensee regarding making any amendment or alteration to the legal form of the facility or the data of the Trading Permit. 4. Supervise and inspect the licensee, to ensure compliance with the provisions of this Law

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Federal Law No. (14) of 2017 On Petroleum Products Trading 6 and the decisions issued thereunder, as well as with the Trading Permit issued to him. 5. Any other tasks necessary for the implementation of the provisions of this Law and the decisions issued thereunder.

Article (10) Trading Activities 1. In accordance with the provisions of this Law, the necessary Trading Permits shall be issued for the following activities: a. Import petroleum products from abroad. b. Distribute petroleum products.

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Federal Law No. (14) of 2017 On Petroleum Products Trading 7 c. Transport petroleum products. d. Sell and purchase petroleum products. e. Manufacture petroleum products. f. Market petroleum products. g. Store petroleum products. h. Any other activity determined by the Competent Authority. 2. The Trading Permit shall be valid for one year, renewable for similar periods. 3. The Licence shall specify the place in which the licensee shall engage in the activity specified in the permit, the petroleum products he is licensed to trade and any other conditions necessary in this regard.

Article (12) Illegal Trading Committing any of the following acts shall be considered as illegal trading: 1. Petroleum products trading in the territory of the State without a permit issued by the Competent Authority. 2. Sale, purchase, supply to others, distribution, or offer for sale of any petroleum products that are non-compliant with the standard specifications approved by the Authority. 3. Possession of petroleum products of unknown source in commercial quantities with the intention of distribution, sale or supply thereof. 4. Acquisition of petroleum products from unlicensed persons or facilities, whether paid or unpaid. 7. Replace the fuel tank of any means of transportation, add a tank thereto or alter the same for the purpose of entering petroleum products to the State, or for the purpose of distribution, offer for sale, sale or provision to others without Permit.

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Federal Law No. (14) of 2017 On Petroleum Products Trading 8

Article (13) Obligations of the Licensee The licensee shall comply with the following: 1. Being listed the register. 2. The terms of the Trading Permit issued thereto by the Competent Authority. 3. Safety and security standards approved by the Competent Authority and the petroleum products specifications approved by the Authority. 4. Provision of equipment and machines compliant with the specifications approved by the State upon trading petroleum products. 5. Practice the activity for which he is licensed at the location specified in the Trading Permit. 6. Maintain a special register for the traded petroleum products, in a way that the said register includes entries of the traded quantities. 7. Keep the documents proving ownership and source of the petroleum products, as well as all the records and documents pertaining to the practice of the activity for which he is licensed under this Law, its Implementing Regulation and the decisions issued thereunder. 8. Ensure that the equipment and machines meet the safety requirements at the locations and the means of transportation used for the petroleum products trading. 9. Notify the concerned authorities at the State, as the case may be, in the event of any accident that constitutes a hazard to lives, properties, public health or the environment. 10. Notify the Competent Authority before making any changes to the location in which he practices the permitted activity. 11. Enable the employees of the Competent Authority to access the records and documents related to his activity, inspect petroleum products and take samples, and inspect the machines, equipment and facilities used in trading. 12. Comply with the safety, security and environmental requirements according to the legislations in force upon practicing the trading activity. 13. Comply with the means of transportation licensing conditions. 14. Any other obligations determined by the Competent Authority in accordance with its

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Federal Law No. (14) of 2017 On Petroleum Products Trading 9 decisions in this regard.

Article (14) Penalties 1. Shall be punished by imprisonment for a period not exceeding one year and a fine of not less than (100,000) one hundred thousand Dirhams and not more than (500,000) five hundred thousand Dirhams, or by either penalty, whoever: a. Trades petroleum products in the territory of the State without a permit issued by the Competent Authority. b. Offers for sale, sells, purchases, provides to others or distributes any petroleum products that are non-compliant with the standard specifications approved by the Authority. c. Acquires petroleum products of unknown source in commercial quantities with the intention of consumption, distribution, sale or provision to others. d. Replaces the fuel tank of any means of transportation, adds a tank thereto or alters it with the intention of entering petroleum products into the State, distributing, offering for sale, selling, or providing the same to others without permit. 2. In case of repetition, the penalty shall be imprisonment for not less than one year and a fine of not less than (1,000,000) one million Dirhams and not more than (5,000,000) five million Dirhams. 3. The Court shall, in all cases, rule to confiscate the seized petroleum products. It may also rule to confiscate the means of transportation, the equipment and machines used to commit the offense, all without prejudice to the rights of others of good faith.