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Publication date: 28.05.2024
lawyer, 23 years of experience in enforcement.
The process of obtaining fuel storage licenses is a necessary step to ensure compliance with regulations and safety measures.
All forms of business entities, including foreign business entities operating through their registered permanent representative offices, are required to obtain a fuel storage license in accordance with Article 15 of the Law of Ukraine dated 19.12.95 No. 481/95. -BP "On state regulation of the production and circulation of ethyl alcohol, cognac and fruit alcohol, alcoholic beverages, tobacco products, liquids used in electronic cigarettes, fuel" (with changes).
In order to obtain a fuel storage license, business entities must go through the mandatory registration procedure defined by Clause 63.3 of Article 63 of the Tax Code of Ukraine. This requirement applies to all taxpayers, including foreign business entities operating through their registered permanent offices. A separate license is required for each fuel storage location.
Licenses for the placement of fuel storage facilities are issued by executive authorities authorized by the Cabinet of Ministers of Ukraine. These licenses are valid for five years. The fee for the right to store fuel is paid annually and credited to local budgets in accordance with current legislation.
A fee of 780 hryvnias per year was introduced for fuel storage allowance. Economic entities, including foreign ones, which operate through registered permanent representative offices, are exempted from obtaining a license to store fuel in places of fuel production, in places of wholesale and retail trade of fuel, provided that they obtain the relevant licenses.
Fuel storage facilities used by individual entities do not require a fuel storage license. They include entities that are fully supported by the state or local budget, entities of the state reserve, as well as economic entities that store fuel exclusively for their own production and technological needs at oil and gas production sites and drilling platforms without sale through places retail trade. In addition, business entities that store fuel in consumer containers with a volume of up to 5 liters are also exempt from obtaining a fuel storage license.
A license is granted to a business entity, national or foreign, after submitting a targeted application by mail or electronically. This application must be accompanied by confirmation of payment of the annual license fee. In the application, the business entity must indicate the specific type of economic activity for which it wishes to obtain a license, for example, fuel storage.
To obtain a license for the right to store fuel, the applicant must provide certified copies of the relevant documents along with the application. These documents include proof of ownership or right of use of the land plot on which the facility of trade or fuel storage is located, valid at the time of application submission and/or commissioning of the facility. In addition, documents such as commissioning reports, readiness certificates or acceptance certificates, as required by law, must be provided for all fuel trading or storage facilities. In addition, a permit is required to work with hazardous materials and operate hazardous machines and equipment. The applicant is obliged to ensure the authenticity of the information specified in the submitted documents.
If these documents are not issued to the applicant, but to another natural person, the applicant must also provide additional documents confirming his right to use the relevant object. However, business entities that store fuel exclusively for their own consumption or industrial processing, without selling it to third parties, are exempt from submitting copies of the specified documents. Instead, these economic entities are obliged to indicate in the application that the fuel is intended exclusively for internal consumption or processing, to provide information on the total capacity of fuel storage tanks and containers, and to indicate the exact location of the specified storage facilities.
Submission of any documents other than those expressly specified in this Law is strictly prohibited. The documents defined by this Law, except for the documents provided by the applicant for obtaining a license for production, wholesale or retail trade in fuel, are submitted in one copy, certified by a notary, by the body that issued it, or by an authorized official. . An application for the issuance of a license together with the necessary documents provided for by this Law shall be submitted by an authorized representative of the applicant or sent by registered mail.
The applicant receives a license or a decision to refuse its issuance within no more than 20 calendar days from the date of receipt of the necessary documents specified by this Law. In the case of a decision to refuse to issue a license, it is mandatory to indicate the reason for the refusal with reference to the norms of the current legislation.
Legal service "Consultant" offers a wide range of services related to obtaining licenses, in which experienced lawyers can help. If you require a specific type of license, our experienced professionals will provide you with detailed information and guidance. Feel free to contact us for a full list of licensing services available, such as: liquor license, fuel storage license, medical practice license, international freight transport license, taxi license, alcohol production license, etc.
