Issue link: https://maltatoday.uberflip.com/i/1527863
12 NEWS maltatoday | SUNDAY • 13 OCTOBER 2024 MATTHEW VELLA mvella@mediatoday.com.mt Fuel importer's €20,000 fine revoked over denied meeting with authority THE Maltese Courts have rejected claims by a fuel importer that they had no carbon emissions reporting obliga- tions, upholding the Malta Resources Authority's right to request informa- tion. But they also revoked the €20,000 ad- ministrative fine imposed on Cassar Fuel Limited, emphasising the importance of the MRA engaging in dialogue and pro- viding clarification before resorting to such sanctions. The case highlighted the importance of clear communication and transpar- ency in regulatory processes, particu- larly when dealing with complex legis- lation and potential penalties. The case concerned a dispute between Cassar Fuel Limited and the MRA re- garding Cassar's obligation to report on greenhouse gas emissions. As an authorised fuel provider regulat- ed by REWS (Regulator for Energy and Water Services) Cassar was obliged to annually report information on green- house gas emissions on the fuel it plac- es on the market, regardless of wheth- er they physically handle fuel passing through Customs. Cassar stated it has no such obliga- tions because they purchased fuel that was duty-paid or which did not fall un- der the scope of the law. When in 2021, they claimed no report- ing obligation without providing any reasons, the MRA issued a formal notice and subsequently imposed a €20,000 administrative fine for non-compliance. Cassar argued that as a fuel distribu- tor, not an importer, they were exempt from reporting requirements as they did not handle fuel passing through customs. They maintained that the fuel they purchased from Enemed, was al- ready "duty paid" and treated according to regulations, meaning they had noth- ing to report. Cassar also claimed they had contact- ed the MRA multiple times to explain their operations and requested meet- ings for clarification, which the MRA did not grant. The Administrative Review Tribu- nal, presided by Magistrate Charmaine Galea, decreed that as a REWS-regis- tered supplier Cassar was legally obliged to submit their reports. Acknowledging the MRA's concerns regarding Cassar's change in potential non-compliance, the Tribunal however deemed it crucial for the MRA to have granted Cassar's request for a meeting to clarify the situation before imposing a significant fine. The Tribunal ultimately revoked the MRA's decision to impose the fine, citing the MRA's failure to meet with Cassar as a key reason. "It is a basic principle of good administration that if a meeting is requested with an adminis- trative entity on a matter that may have serious consequences, this meeting should be granted before any decision is taken that will seriously affect any indi- vidual or entity." Cassar Fuel Limited was obliged to annually report information on greenhouse gas emissions on the fuel it places on the market, regardless of whether they physically handle fuel passing through Customs Central Business Centre, Level 2, Tarxien Road, Gudja, GDJ 1907 www.aims.org.mt info.aims@aims.org.mt 23174400