31/08/2023

Angola: Petrol Station Licensing

New Regulations on the Licensing of Petrol Stations have been enacted by way of Presidential Decree 173/23, of 25 August 2023. Below is an outline of the Regulations:

The operation of petrol stations in Angola is subject to license.

The license is issued by:

  • The Petroleum Products Regulator (“Instituto Regulador dos Derivados do Petróleo”) if the storage capacity of the petrol station exceeds 200m3;
  • The local administration (“Administração Municipal”) if the storage capacity is equal to or less than 200m3:
  • The Petroleum Products Regulator is responsible for issuing the license in case of stations for self-use of one entity (not for commercial purposes).

The license application must describe the petrol station, its location, the products/services to be provided, and include the following documents:

  • Company Registry Certificate of the applicant;
  • Title document of the petrol station;
  • “Responsibility Statement” to be issued by the company responsible for the petrol station design project;
  • Insurance policy;
  • Environmental permit.

An inspection is carried prior to issuance of the license. The inspection must be undertaken within 20 days of the respective application being filed.

Thereafter, regular inspections must be carried out every 2 years to assess the safety and technical conditions of the petrol station. In addition to the Petroleum Products Regulator staff, the inspections must involve the Firefighting, Health and Environment departments.

A fee is due for issuance of the license and inspections. The fee amounts are set forth in separate regulations.

The license is valid for a period of 20 years, except for “containerized petrol stations” where the duration is 5 years.

Construction of petrol stations is subject to a set of technical rules and specifications defined in applicable regulations.

The following events constitute a breach of the Regulations and are subject to penalties:

  • Operation of a petrol station without license;
  • Provision of services/supply of products not permitted by the license;
  • Failing to comply with technical rules and specifications;
  • Poor maintenance of the petrol station;
  • Modification to the petrol station without prior authorization;
  • Lack of insurance/expiration of the insurance policy.

Penalties may consist of fines to be imposed by the Petroleum Products Regulator between a minimum of 150 times the minimum salary and a maximum of 280 times. In addition, the license may be revoked or suspended.

The license is cancelled if operation of the petrol station does not commence within 180 days of the date of issuance, or in case such operation is interrupted for 90 days or more without justification.

The license is the only authorization required for operation of a petrol station, and the government departments cannot request any additional permit or document, including the Fire Safety Certificate and the Utilization Certificate

The previous Regulations (contained in Presidential Decree 173/13, of 30 October 2013) have been revoked.

Rui Amendoeira – OneLegal Partner

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