Which business entities must get a license for the fuel storage and what documents must be submitted to obtain such license?Chapter: Question of the day

Article 15 of the Law of Ukraine № 481/95-VR as of 19.12.1995 "On the state regulation of production and circulation of ethyl, cognac, fruit alcohol, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel" (hereinafter – Law № 481) stipulates that the fuel storage is carried out by business entities (including foreign business entities operating through their registered permanent representative offices) of all forms of ownership with a license.

Business entities (including foreign business entities operating through their registered permanent representative offices) receive fuel storage licenses for each fuel storage location.

Licenses for the fuel storage are issued by executive authorities authorized by the Cabinet of Ministers of Ukraine for the location of fuel storage facilities for a period of five years.

Business entity (including foreign business entity operating through their registered permanent representative offices) has a right to store fuel without obtaining license for the fuel storage at fuel production sites or fuel wholesale trade sites or fuel retail trade sites for which appropriate licenses are obtained.

License for the fuel storage is not obtained for fuel storage places used by:

enterprises, institutions and organizations that are fully supported by state or local budget funds;

enterprises, institutions and organizations of the state reserve system;

business entities (including foreign business entities operating through their registered permanent representative offices) for the fuel storage that is consumed for its own production and technological needs exclusively at oil and gas production sites, drilling platforms and that is not sold through the retail trade places. 

Business entities that carry out, in particular, fuel storage exclusively in consumer containers up to 5 liters, do not receive the fuel storage license.

License is issued on the basis of an application submitted on purpose by mail or in electronic form by the business entity (including foreign business entities operating through their registered permanent representative offices), to which there is attached document confirming payment of the annual license fee (except for license for the wholesale trade of fuel if there are places of the wholesale fuel trade, retail fuel trade, fuel storage for its further sale to other consumers).

Application specifies type of business activity for which the business entity (including foreign business entities operating through their registered permanent representative offices) intends to obtain license (in particular, fuel storage).

To obtain license for the wholesale or retail trade of fuel or for the fuel storage, together with an application, certified copies of the following documents must be submitted by the applicant:

documents confirming the ownership right or right to use a land plot, or other legally prescribed land use right to the land plot on which the wholesale or retail fuel trade object or fuel storage is located, valid on the date of submission of an application and/or on the date of commissioning of such facility for any purpose;

act of commissioning of the object or act of readiness of the object for operation, or certificate of acceptance into operation of objects completed by construction, or other documents confirming acceptance of objects into operation according to legislation for all objects in the wholesale or retail trade place of fuel or fuel storage, necessary for the wholesale or retail trade of fuel or fuel storage;

permission to carry out work of increased danger and operation (use) of machines, mechanisms, equipment of increased danger.

Copies of such documents are not submitted if they are available in open state registers, if requisites of such documents and titles of relevant registers are indicated in the application for issuance of license for the wholesale or retail trade of fuel or fuel storage.

If the specified documents are issued to a person other than the applicant, such applicant additionally submits documents confirming his / her right to use the corresponding object.

Business entities that store fuel that is not sold to other persons and is used exclusively for their own consumption or industrial processing do not submit copies of the specified documents. In the application, such business entities indicate use of fuel for their own consumption or processing, total capacity of tanks and containers used for the fuel storage, and their actual location.