PART 5

PROCEDURAL REQUIREMENTS

Authorisations
13
1
The Secretary of State may request further information about an application made under article 12 before deciding whether or not to give the authorisation applied for.
2
Where the Secretary of State gives an authorisation, the Secretary of State—
a
must make that authorisation subject to compliance with such terms as are necessary to enable the Secretary of State to comply with the Secretary of State’s obligations under the 2009 Directive, including terms which—
i
require the keeping of relevant information about a stock, biofuel or additive held under the authorisation;
ii
require the provision of relevant information to the Secretary of State from time to time; and
iii
enable the Secretary of State to verify information provided to the Secretary of State, including by allowing the Secretary of State to access premises and to examine documents;
b
must, where a person is authorised to hold stock in the United Kingdom under a delegation arrangement, make that authorisation subject to terms which—
i
require compliance with article 10; and
ii
prohibit any other person from holding that stock; and
c
may give the authorisation on such other terms as the Secretary of State thinks fit.
3
The Secretary of State must, as soon as possible after receipt of the application, notify the applicant of—
a
the authorisation; or
b
the refusal of the application, together with the reasons for the refusal.
4
The Secretary of State must not authorise a relevant international arrangement, or an amendment of such an arrangement, unless the Secretary of State is satisfied that the appropriate authority—
a
has authorised in writing the arrangement or amendment; or
b
intends to authorise it in writing concurrently with the authorisation of the Secretary of State.
5
In this article—
- “the appropriate authority” means—
  1. in the case of an international storage arrangement, a CSE ticket arrangement or an international ticket arrangement, the appropriate authority of the member State in which the stock will be held;
  2. in the case of a delegation arrangement, the appropriate authority of the member State which delegated the task relating to the management of emergency stocks or specific stocks or which imposed on the EU operator the obligation to hold stock;
- “relevant information” includes information about—
  1. the location at which a stock, biofuel or additive is held;
  2. the quantity of stock, biofuel or additive that is held;
  3. in the case of a stock, the form in which it is held; and
  4. the identity of the person on whose behalf a stock, biofuel or additive is held;
- “relevant international arrangement” means an international storage arrangement, a CSE ticket arrangement, an international ticket arrangement or a delegation arrangement.