The PEetroleumLubrucants Operations Rules 2019 GN. 50

Petroleum (Lubricants Operations)
GN NO.50 (contd.)
GOVERNMENT NOTICE No.50 published on 31/1/2020
THE PETROLEUM ACT

(CAP 392)
______
RULES
______
(Made under section 259 (1))
______
THE PETROLEUM (LUBRICANTS OPERATIONS) RULES, 2020
ARRANGEMENT OF RULES
PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Application.
3. Interpretation.
PART II
APPLICATION FOR A CONSTRUCTION APPROVAL
4. Application for construction approval.

5. Application to be accompanied by a fee.
6. Grant of a construction approval.
7. Duration of a construction approval.
8. Notice of commencement.
9. Suspension and revocation of a construction approval.
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PART III
LICENSING PROCEDURES
10. Obligation to obtain a licence.

11. Power to enter and close a facility.
12. Licensing requirements for a lubricants wholesale licence.
13. Licensing requirements for a lubricants blending licence.
14. Licensing requirements for a lubricants distribution licence.
15. Conditional licence.
16. Licence application.
17. Licence application to be accompanied by an integrity pledge, tax

Clearance Certificate and a fee.
18. Publication of licence a application.
19. Grant of a licence.
20. Duration of Licence.
21. Application for transfer of licence.
22. Change of name.
23. Change in shareholding structure.
24. Application for renewal of licence.
25. Suspension or revocation of a licence.
PART IV
GENERAL AND SPECIFIC OBLIGATIONS OF A SUPPLIER
26. General obligations of wholesaler.

27. General obligations of a distributor.
28. General obligations of LOB.
29. General obligations of retailer.
30. Protection to lives and property.
31. Compensation for loss suffered.
32. Insurance.
33. Maintenance of records, provision and disclosure of information.
34. Confidential information.
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PART V
ENVIRONMENTAL PROTECTION
35. Compliance with environmental laws and standards.

36. Sanctions for events of violation of environmental law.
PART VI
TECHNICAL OBLIGATIONS OF A SUPPLIER
37. Compliance with specifications and standards.

38. Execution of a dealership agreement.
39. Provision of technical support.
40. Preparation and submission of plan.
41. Termination of dealership agreement.
42. Offence.
43. Prohibition to decant.
44. Prohibition on under filling.
45. Reference of violation to the certification authority.
46. Deceptive trade practices.
47. Storage of lubricants.
48. Provision of fire extinguishing equipment.
49. Preparation of fire emergency plan.
PART VII
LUBRICANT SAMPLING AND TESTING PROCEDURES
Sub Part I
Sampling Process
50. Sampling in accordance with the act and the rules.

51. Preliminaries to sampling.
52. How sample will be taken.
53. Sample collection form to be signed.
54. Operator, driver or employee to witness and facilitate the sampling
exercise.
55. Offence.
Sub Part II
Lubricant Testing and Re-testing Procedures
56. Selection of qualified laboratories.
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57. Re-testing process.
58. Right to witness re-testing.
Sub Part III

Procedures on Inspection of a Licenced Facility, Lubricant Shop or a
Transport Unit
59. Procedure on inspection of licenced facility, lubricant shop or

transport unit.
60. Offence.
Sub Part IV
Procedures on Impoundment of a Transport Unit
61. Procedure for impounding a transport unit.

62. Release of an impounded transport unit.
63. Exemption from liability.
Sub Part V
Penalties for Non – Conforming Products
64. Penalties for non-conforming products.

65. Licenced facility that has its licence revoked.
66. Temporary closure of facility or impounding of a Transport Unit.
67. Reference to TRA and other government institutions.
Sub Part VI
Disposal of Non-Conforming Products
68. Disposal of non- conforming products.

69. Penalties to tempering, cutting seals and tapes, or removing any
signage to licenced facility or transport unit.
PART VIII
COMPLIANCE AND ENFORCEMENT
70. Inspection of facility.

71. Notification of offences.
72. Offence.
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73. Issuance of compliance orders.
74. Obligations of Inspectors during Inspection.
75. Prohibited acts against inspectors.
76. Decommissioning procedure.
77. Site restoration.
PART IX
GENERAL PROVISIONS
78. Appeal.
79. Revocation of GN 64 of 2014.
80. Authority to supplement procedures.
SCHEDULES
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GOVERNMENT NOTICE No. 50 Published on 31/1/2020
THE PETROLEUM ACT

(CAP 392)
THE PETROLEUM (LUBRICANTS OPERATIONS) RULES, 2020
(Made under section 259(1))
PART I
PRELIMINARY PROVISIONS
Citation 1. These Rules may be cited as the Petroleum

(Lubricants Operations) Rules, 2020.
Application 2. These Rules shall regulate the wholesale, blending,

distribution and retail business of petroleum lubricants.
Interpretation 3. In these Rules, unless the context otherwise requires:

Cap. 392 “Act” means the Petroleum Act;
“applicable law” means any principal law, treaty, proclamation,
regulations, rules, order or a by-law that is customarily
treated in Tanzania as having legally binding force in
matters pertaining to regulation of petroleum lubricants
operations in Mainland Tanzania;
“approved specification” means any specification or standard in
relation to a petroleum product applied by the Authority
Cap. 130 and as approved pursuant to the Standards Act, and any
other standards that are widely used as Petroleum
industry best practices;
Cap. 414 “Authority” means the Energy and Water Utilities Regulatory
Authority established under the provisions of the
EWURA Act;
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“blending customer” means a wholesale lubricant licensee who
has a contract with a lubricant oil blender to blend its
products;
“brand owner” is a licensed lubricants’ wholesaler and whose
brand is registered with the Authority;
“certification authority” means the Weights and Measures
Cap. 340
Agency established under the provisions of the
Executive Agencies Act;
“container” means any receptacle including a drum, pail, jerry
can, tin, carton, can or jar in which a lubricant is stored
or carried;
“compliance order” means an order issued by the Authority
pursuant to section 39 of the EWURA Act;
“customer” means any person supplied or that has a contract to
be supplied with lubricants;
“dangerous situation” means a situation involving a petroleum
product that:
(a) endangers the safety or health of a person, or the

safety of a person’s property; or
(b) creates an immediate risk of significant
environmental harm;
“dealership agreement” means the contractual arrangement that

establishes, inter alia, a relationship between a
wholesaler and a distributor or a distributor and a
retailer with respect to the purchase and sale of a
lubricant as required by rule 40;
“decant “means transfer of a lubricant from one container to
another;
“designated customer” means a person who buys lubricants
from a wholesaler for his own use;
“distributor” means a person who has a dealership agreement
with a wholesaler with respect to the purchase and sale
of a lubricant and who sells a lubricant to a customer;
Cap. 414 “EWURA Act” means the Energy and Water Utilities
Regulatory Authority Act;
“incident” means:
(a) an event that involves the leakage of a petroleum
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product from a transport unit or a spill of a
petroleum product resulting from the dispensing or
offloading activities;
(b) death or personal injury occurring as a result of the
conduct of a licensed activity or retail business;
(c) a fire or an event incidental to a fire resulting from
the conduct of a licensed activity or retail business;
or
(d) any other significant event that may adversely
affect the conduct of a licensed activity or retail
business;
“inspector” means an officer or an agent of the Authority
appointed by the Authority to perform the functions of
inspection as required under the Act and applicable law;
“leak” means the discharge of a lubricant into any structure or
thing;
“licence” means an authorization issued by the Authority to
conduct a licensed activity pursuant to these Rules;
“licensee” means a holder of a licence;
“licensed activity” means an activity related to the lubricant
wholesale, blending, distribution or retail business;
“licensed facility” means a warehouse, storage tank, blending
plant and associated equipment and accessory which a
licensee uses to conduct a licensed activity;
“lubricants retail business” means storing, handling and selling
of lubricants to customers through a lubricants’ shop;
“lubricants shop” means any place where a lubricant is sold or
offered for sale to a customer by a retailer;
“lubricants wholesale business” means an activity necessary for
importing of lubricants or importation of base oil and additives
for blending and selling of lubricants to a distributor, a
wholesalers branded petrol stations and designated customers;
“LOB” its an acronym of Lubricants Oil Blender;

“lubricants blending business” means all those activities
necessary for manufacturing lubricants;
“NPGIS” its an acronym of the “National Petroleum and Gas
Information System” maintained by the Authority;
“operator” means a person who is responsible for the day-to-day
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activities of a licensed facility or lubricants shop,
whether such person is on the relevant premises during
business hours or is the owner of such facility and who
for the purpose of these Rules, shall be deemed to have
the authority and the ability to:
(a) grant an inspector access to the relevant premises
and facilities to facilitate the performance of the
inspector’s duties;
(b) detect any defect weakness within a licensed
facility and make an authoritative judgment as to
its suitability for further use;
(c) answer questions raised by inspectors; and
(d) witness the inspection process.
“Petroleum Industry Best Practises” means any conduct related
to a petroleum product intended to preserve product
quality and meeting generally accepted health, safety
and environmental requirements;
“retailer” means a person who conducts a lubricants retail
business;
“Sample Collection Form” means a document issued by the
Authority as prescribed in the sixth Schedule and which
is to be completed by an inspector during the collection
of a lubricants sample;
“supplier” means a person conducting an activity in connection
with a lubricant wholesale, distribution, blending or
retail business;
Cap. 130 “TBS” its an acronym of “he Tanzania Bureau of Standards”
established under the Standards Act;
“tribunal” means the Fair Competition Tribunal established
Cap. 285
under the provisions of the Fair Competition Act; and
“wholesaler” means any person who engages in lubricants
wholesale business.
PART II
APPLICATION FOR A CONSTRUCTION APPROVAL
Application for 4.– (1) A person shall not construct a lubricants’

construction
approval blending plant without seeking and obtaining a construction
approval from the Authority in a manner provided under these
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Rules.
(2) Any person who intends to construct a lubricants’
blending plant shall lodge an application with the Authority by
filling in the application form prescribed in the First Schedule to
these Rules or as otherwise described by the Authority.
(3) Any person who constructs a lubricants’ blending
plant without seeking and obtaining a construction approval
from the Authority commits an offence and shall, on conviction,
be liable to a fine of not less than twenty million Tanzania
Shillings or imprisonment for a term of not less than three years
or both.
Application to 5. An application for a construction approval under rule

be accompanied
by fee 4 shall be accompanied by a non-refundable application fee as
shall be prescribed by the Authority.
Grant of 6. - (1) The Authority shall, upon receipt of an

construction
approval application described in rule 4, proceed to evaluate such
application and decide whether to grant, deny or refer back the
application.
(2) The Authority shall, while making a decision
whether to grant or deny a construction approval, consider the
application compliance with-
(a) land ownership and land use laws; and
(b) health, safety and environmental requirements.
(3) The Authority shall cause the construction approval
under subrule(1), to be published in the Government Gazette.
(4) After issuance of an approval, the applicant shall be
notified to come and collect the approval.
(5) The Authority shall, in the event that it denies an
application for a construction approval, inform the applicant of
such decision in writing, including the reasons thereof.
Duration of 7.-(1) A construction approval issued by the Authority

construction
approval under rule 6 shall remain in force for such period as the
Authority may allow.
(2) The construction approval issued by the Authority
under rule 6 shall cease to have effect in the event the holder of
the said approval fails to commence construction within twenty
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four months from the date of issue.
(3) The Authority may, on its own or upon receipt of
an application by the holder of a construction approval extend
the duration of the construction approval to such period as it
may think fit.
Notice of 8. A holder of a construction approval shall issue to the

commencement
Authority a notice of commencement of construction not less
than thirty days prior to the start of construction.
Suspension and 9.– (1) The Authority may, by notice published in the
revocation of
construction Government Gazette, withdraw or suspend a construction
approval approval if any of the terms and conditions thereof has not been
complied with.
(2) Where the Authority intends to withdraw, suspend
or amend a construction approval it shall, at least twenty-one
days before the date of intended revocation, suspension or
amendment, notify the holder of such approval about the
intention and the reasons thereof.
(3) Notwithstanding the provisions of subrule (1) and
(2) the Authority may, by notice in the Government Gazette,
withdraw or suspend a construction approval on the application
or with the consent of the holder of such approval.
(4) The Authority may, by notice in the Government
Gazette, reinstate a construction approval revoked or suspended
under subrule(1) if satisfied that the reasons for the revocation
or suspension no longer exist.
(5) Without prejudice to the provisions of subrule(2),
the Authority may, pending the expiry of the notice under that
subrule and where there are compelling reasons to do so, order
the holder of the construction approval to stop the construction
work.
PART III
LICENSING PROCEDURES
Obligation to 10.-(1) Aperson not shall conduct a licensed activity

obtain licence
without seeking and obtaining a licence from the Authority.
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(2) The Authority shall issue licenses in respect of the
following activities:
(a) lubricants wholesale business;
(b) lubricants blending business; and
(c) lubricants distribution business.
(3) Any person who contravenes the provisions of
subrules (1) commits an offence and shall be liable on
conviction, to a fine of not less than twenty million Tanzania
Shillings or imprisonment for a term of not less than two years
but not more than five years or both.
Power to enter 11. Notwithstanding the penalty prescribed under rule

and close a
facility 10(3), the Authority shall, in the event it determines that a
person is or has contravened the provisions of rule 10 (1), enter
upon any facility and close it down.
Licensing 12.-(1) A person shall not be issued with a lubricants

requirements for
lubricants wholesale licence unless the application meets the necessary
wholesale technical and financial licensing requirements which are:
licence
(a) written proof of ownership or lease of a lubricants
warehousing that complies with Petroleum industry
best practices including:
(i) an emergency exit;
(ii) sufficient ventilation;
(iii) spillage containment; and
(iv) adequate fire fighting equipment;
(b) possession of oil and lubricants handling permit
from the relevant authority;
(c) submission of curriculum vitae of at least two key
personnel and proof of their relevant qualifications
and experience in petroleum lubricants business;
and
(d) proof of financial capability which is either:
(i) an audited financial statements showing
annual gross turnover of not less than two
hundred million Tanzania Shillings and a
good business track record; or
(ii) a bank statement showing a credit balance
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of not less than two hundred million
Tanzania shillings; or
(iii) a bank guarantee or a credit facility of not
less than two hundred million Tanzania
Shillings from a bank or financial
institution licensed by the Bank of
Tanzania; or
(iv) a letter of comfort from a financial
institution or a bank licensed by the Bank
of Tanzania that confirms that the bank or
the financial institution shall extend a loan
to the applicant for the amount not less
than two hundred million Tanzania
Shillings, provided that the letter shall be
signed by the chief executive officer or an
authorized signatory of the institution or
the bank.
(2) Notwithstanding the provisions of subrule (1), an
applicant may rely on the financial capability of its parent
company provided that-
(a) the Authority is provided with a written consent or
guarantee from the parent company; and
(b) the applicant shall submit proof of financial
capability of the parent company which shall be
either-
(i) an audited financial statements showing
annual gross turnover of not less than one
billion Tanzania Shillings; and
(ii) a bank statement of not more than three
months to the date of application showing a
credit balance of not less than one billion
Tanzania Shillings or its equivalent in
convertible currency.
Licensing 13. A person shall not be issued with a lubricants

requirements for
lubricants blending licence unless the application meets the necessary
blending licence technical and financial licensing requirements which are:
(a) a written proof of ownership of a lubricants
blending plant that complies with petroleum
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industry best practices;
(b) possession of an Environmental Impact Assessment
Certificate from the relevant Authority;
(c) submission of curriculum vitae of at least two key
personnel and proof of their relevant qualifications
and experience in petroleum lubricants handling
operations; and
(d) proof of financial capability which is either:
(i) previous year’s audited financial
statements showing an annual gross
turnover of not less than five hundred
million Tanzania Shillings and a good
business track record;
(i) a bank statement showing a balance of
not less than five hundred million
Tanzania Shillings;
(ii) a bank guarantee of not less than five
hundred million Tanzania Shillings; or
(iii) a letter of comfort from a financial
institution or a bank that confirms that
the bank or the financial institution shall
extend a loan to the applicant for the
amount not less than five hundred
million Tanzania Shillings, provided
that the letter shall be signed by the
chief executive officer or an authorized
signatory of the institution or the bank.
licensing 14.A person shall not be issued with a lubricants

requirements for
lubricant distribution licence unless the application meets the necessary
distribution technical licensing requirements which are:
licence
(a) a written proof of ownership or lease of a lubricants
warehousing that complies with petroleum industry
best practices including:
(i) an emergency exit;
(ii) sufficient ventilation;
(iv) spillage containment; and
(v) adequate firefighting equipment;
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(b) possession of oil and lubricants handling permit
from the relevant authority;
(c) names of wholesalers and retailers that the
applicant has entered into dealership agreements
with; and
(d) possession of adequate skilled personnel.
Conditional 15. Notwithstanding the generality of rule 12, 13 and

licence
14 the Authority may issue a licence with specific conditions to
be fulfilled within a prescribed time.
Licence 16. An applicant for a licence shall apply to the

application
Authority for a licence by filling in the application form
prescribed in the Second Schedule or as otherwise provided by
the Authority.
Application to be 17. An application for a licence under rule 16 shall be

accompanied by
an integrity accompanied by a duly signed integrity pledge in the form
pledge, tax provided in the Third Schedule to these Rules, a tax clearance
clearance certificate and a non-refundable application fee as shall be
certicate and Fee
prescribed by the Authority.
Publication of 18.-(1) A licence application received by the Authority

licence
applications shall be evaluated to verify its completeness and correctness of
the information contained therein and shall thereafter publish a
notice of the application in at least two newspapers of wide
circulation in Tanzania, one in English and another in
Kiswahili, with a view to soliciting comments and
representations on the application.
(2) The costs of publication of the notice under
subrule(1) shall be borne by the Authority.
(3) The public shall be invited, by the notice to be
published under subrule(1), to submit their comments and
representations within fourteen days from the date of
publication and the comments and representations received
shall be considered by the Authority in arriving at the decision
on the application.
Grant of licence 19. -(1) The Authority shall, upon consideration of an
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application for a licence:
(a) deny the application;
(b) refer back the application; or
(c) grant the application and issue a licence.
(2) The Authority shall, while making a decision to grant, refer
back or deny a licence, take into consideration:
(a) the licensing requirements in rules 13, 14 and 15;
(b) the protection of the environment;
(c) objections or representations received from the
public pursuant to rule 18;
(d) compliance to land use laws;
(e) compliance of the proposed licensed facility on
matters related to:
(i) safety;
(ii) health;
(iii) security;
(iv) handling of hazardous substances; and
(v) environment;
(f) the applicant’s record of compliance with the Act,
these Rules and other applicable laws; and
(g) any other matter relevant to the orderly conduct of
lubricants business in Tanzania.
(3) The Authority shall, in the event that it denies or refers back
an application for a licence, informs the applicant of such
decision in writing, including the reasons thereof.
Duration of 20. (1) The term of a licence shall be:

Licence
(a) for lubricants wholesale business a period of five
years;
(b) for lubricant distribution business, a period of five
years and
(c) for lubricants blending business, a period of ten
years.
(2) A licence shall remain valid for the term stated in
subrule (1), provided, that the Authority may, on the written
application by a licensee, extend the period for such further
period as the Authority may deem fit.
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(3) Notwithstanding the provisions of subrules (1) and
(2), a licence shall cease to have effect if the respective licensee
fails to commence a licensed activity within six months after
issuance of the licence.
Application for 21.- (1) No licence shall be assigned or transferred to

transfer of
licence another person without a written approval of the Authority.
(2) Any transferor or assignor of a licence shall apply
to the Authority by filling the application form prescribed in the
Fourth Schedule or as otherwise provided by the Authority.
(3) Notwithstanding the provisions of subrule (1) no
application for a transfer or assignment of a licence shall be
entertained by the Authority unless it is endorsed by the
transferee or assignee, as the case may be.
(4) A licence transfer application received by the
Authority shall be evaluated to verify its completeness and
correctness of information contained therein and thereafter a
notice of the application shall be published in at least two
newspapers of wide circulation in Tanzania, one in English and
another in Kiswahili with a view to soliciting comments and
representations on the application.
(5) The public shall be invited, by the notice published
under subrule (4), to submit comments and representations
within fourteen days from the date of publication of the notice
and the comments and representations shall be considered by
the Authority in arriving at the decision on the application.
(6) The Authority shall, after the expiration of the
notice in subrule (5), evaluate the application together with
comments received (if any) and make a decision whether to
grant or deny the application for transfer or assignment.
Change of name 22.- (1) A licensee may change its name pursuant to the
provisions of these Rules and applicable law.
(2) A licensee who has changed its name shall within
thirty days after such change notify the Authority in writing,
which notification shall be accompanied by a certificate of
change of name issued by the relevant authorities.
Change in 23.-(1) A change of ownership where a third party
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shareholding becomes a majority shareholder of a company in relation to
structure
which a licence has been issued shall require the written
approval of the Authority.
(2) The party seeking approval under subrule (1) shall
submit the following documents in support of his application-
(a) a duly signed and stamped deed of share transfer;
(b) tax clearance certificate of a transaction; and
(c) any other information as may be required by the
Authority.
(3) A licensee shall, after filing with the Registrar of
Cap. 212 companies the necessary forms evidencing the change of
shareholding as required by the Companies Act, notify the
Authority about such change.
(4) The Authority may before approving the application
for change in shareholding structure, consult the Fair
Competition Commission and the Tanzania Revenue Authority.
Application for 24.–(1) A licensee who wishes to renew a licence shall,

renewal of
licence not less than six months before expiration of the licence term,
apply to the Authority for a renewal of the licence.
(2) Application for renewal of a licence in subrule (1)
shall be in the form prescribed in the Fifth Schedule to these
Rules or as otherwise prescribed by the Authority.
(3) An application for renewal of a licence shall be
accompanied by a tax clearance certificate and other
information as may be required by the Authority.
(4) The Authority shall while making a decision
whether to grant or deny an application for renewal of a licence
consider the applicant’s compliance to the Act, these Rules and
terms and conditions of the licence which is due to expire.
(5) The Authority shall, in the event that it denies an
application for a licence, inform the applicant of such decision
in writing, including the reasons thereof.
(6) The Authority shall not renew the licence of a
licensee who has, during the term of the licence which has
expired or is due to expire, failed to comply with the terms and
conditions of the licence, refused or wilfully neglected to
comply with any Order given by the Authority and such acts
were not remedied by such licensee up to the time of
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determining the application.
Suspension or 25. – (1) A licence may be suspended or revoked by the

revocation of
licence Authority for a period of twelve months if the licensee:
Cap 392 (a) Violates any of the provisions of the Actor
conditions attached to a licence which affects the
conduct of regulated activity;
(b) Obtained a licence by fraud or deliberate
submission of false information or statements;
(c) fails to comply with obligations conferred within
the terms stated in the licence;
(d) persistently fails to comply with the approved local
content plans;
(e) interrupts services to other users without
authorization of the Authority;
(f) carries on business in a manner that is detrimental
to the welfare or interest of other users;
(g) violates the tariffs, rates and charges established by
the Authority;
(h) persistently fails or refuses to submit information
to the NPGIS;
(i) fails to comply with the applicable health, safety,
service, quality or environmental standards, or any
other additional standards as may be stated in the
licence; or
(j) is convicted or found guilty of an offence relating
to corruption, money laundering, economic
crimes or tax evasion.
(2) The Authority shall not suspend or revoke a licence,
unless a twenty-one days’ notice of intention to suspend or
revoke the said licence has been issued to a licensee.
(3) The Authority may waive the licence suspension if
it is satisfied that a licensee has abstained from the act that
caused the suspension and the reason for suspension no longer
exists.
PART IV
GENERAL AND SPECIFIC OBLIGATIONS OF A SUPPLIER
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General 26. A Wholesaler shall:

obligations of a
wholesaler (a) comply with:
(i) applicable law;
(ii) orders and directives of the Authority;
(iii) these Rules;
(iv) provisions related to local content as
provided in the Act and regulations
made by the Minister;
(v) petroleum industry best practices; and
(vi) any guidelines issued by the Authority;
(b) ensure that any lubricant that is imported, blended,
stored, transported or sold is registered and
approved by the Authority before it is used in
Tanzania;
(c) ensure that lubricant products are adequately
packed and the content weight or volume is
accurate;
(d) ensure that it only sells lubricants to a distributor it
has entered into a dealership agreement with;
(e) ensure that it only sells lubricants to distributors,
lubricant shops and designated consumers;
(f) ensure that a lubricant container is marked with the
following information:
(i) manufacturer’s name;
(ii) product brand name;
(iii) product type;
(iv) performance level;
(v) quantity in weight or volume;
(vi) batch number;
(vii) specification whether virgin or
recycled base oil.
(g) ensure that it has material safety data sheet for each
lubricant;
(h) provide the Authority with a copy of a bill of
lading not less than fourteen days prior to the
arrival of the vessel importing the lubricant
consignment to Tanzania;
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(i) upon clearance, provide the Authority with proof
of payment of taxes and duties and TBS batch
certification of the consignment;
(j) inform the Authority as soon as practicable, but in
any event not more than twenty-four hours after the
occurrence of a dangerous situation or incident
related to its licensed activity, or occurring within
its licensed facility, including the steps taken or
proposed to be taken to remedy such situation or to
eliminate or minimize the danger arising from such
situation;
(k) upon request, make available to the Authority
records of the licensed activity;
(l) print the number of the licence on every accounting
document used for its operations with a customer,
including invoices, delivery notes, and receipts;
(m) conduct business in such a way that:
(i) customers are treated fairly and
equally; and
(ii) comparable services are provided to all
customers;
(n) not engage in any activity that disrupts or interferes
with competition;
(o) as soon as practicable, but in any event not later
than thirty days after it becomes aware of the fact,
notify the Authority:
(i) if it is unable to conduct its licensed
activity;
(ii) if the conduct of its licensed activity
would or might lead to the breach of
any of these Rules, applicable law or
materially affect services to the
customers; or
(iii) of any material change in
circumstance that adversely affects
its licensed activity;
(p) cause the operator to be present on the licensed
facility at all times;
(q) notify the Authority of any change of its address,
21
GN NO.50 (contd.)
name or location not later than seven days after
such change;
(r) display in a conspicuous place at its licensed
facility its licence or a true copy thereof, duly
certified; and
(s) issue an official receipt bearing its registered name
and address in all transactions relating to lubricants
which shall specifically set out:
(i) its registered name and address;
(ii) the quantity and price of the lubricant
sold; and
(iii) the date of the transaction.
General 27. A distributor shall:

obligations of
distributor
(a) comply with:
(i) applicable law;
(iii) these Rules;
(iv) petroleum industry best practices; and
(v) any guidelines issued by the Authority;
(b) ensure that it enters into a dealership agreement
with a holder of a lubricant wholesale licence;
(c) unless the dealership agreement states otherwise,
only buy lubricants from a wholesaler it has
entered into a dealership agreement;
(d) only buy, transport, store or sell lubricants that are
registered by the Authority;
(e) ensure that products are adequately packed and the
content weight or volume is accurate;
(f) ensure that it keeps details of its customers and
product purchased including name, address,
physical location, quantity, brand, receipts and
invoices.
(g) ensure that a lubricant is marked with the following
information:
(iii) product type;
22
GN NO.50 (contd.)
(v) quantity in weight or volume;
(vi) batch number; and
(vii) specification whether virgin or
recycled base oil.
(h) ensure that it has material safety data sheet for
each lubricant;
(i) inform the Authority as soon as practicable, but
in any event not more than twenty-four hours
after the occurrence of a dangerous situation or
incident related to its licensed activity, or
occurring within its licensed facility, including
the steps taken or proposed to be taken to
remedy such situation or to eliminate or
minimize the danger arising from such situation;
(j) upon request, make available to the Authority
(k) print the number of a licence on every
accounting document used for its operations
with a customer, including invoices, delivery
notes, and receipts;
(l) conduct business in such a way that:
(i) customers are treated fairly and
equally; and
(ii) comparable services are provided to
all customers;
(m) not engage in any activity that restricts, disrupts
or interferes with competition;
(n) as soon as practicable, but in any event not later
than thirty days after it becomes aware of the
fact, notify the Authority:
(i) if it is unable to conduct the licensed
activity;
(ii) if the conduct of the licensed activity
would or might lead to the breach of
any of these Rules, applicable law or
materially affect services to the
customers; or
(iii) of any material change in circumstance
23
GN NO.50 (contd.)
that adversely affects its licensed
activity;
(o) notify the Authority of any change of its
address, name or location not later than seven
days after such change;
(p) display in a conspicuous place at its licensed
certified; and
(q) issue an official receipt bearing its registered
name and address in all transactions relating to
lubricants which shall specifically set out:
(i) its registered name and
address;
(ii) the quantity and price of the
lubricant sold; and
(iii) the date of transaction;
General 28. A LOB shall:

obligations of
LOB
(a) comply with:
(i) applicable law;
(iii) these rules;
(b) ensure that the blending formulation is certified by
the appropriate certification body;
(c) only blend lubricants for a holder of a lubricant
wholesale licence;
(d) ensure that the testing and measuring instruments
used for its licensed activity are accurate and
calibrated by the certification Authority;
(e) on a monthly basis, submit to the Authority a report
on the blended lubricant brand which shall include
the following particulars:
(i) the owner of such blended lubricant;
(ii) brand of the blended lubricant; and
(iii) the quantity of the blended lubricant.
(f) inform the Authority as soon as practicable, but in
24
GN NO.50 (contd.)
any event not more than twenty-four hours after the
occurrence of a dangerous situation or incident
related to its licensed activity or occurring within
its licensed facility, including the steps taken or
proposed to be taken to remedy such situation or to
eliminate or minimize the danger arising from such
situation;
(g) ensure that waste is safely disposed of in
compliance with applicable law;
(h) upon request, make available to the Authority
(i) maintain and make available to the Authority upon
request documentary evidence that:
(i) all electrical equipment and
installations in the licensed facility
relevant for the conduct of its licensed
activity comply with existing relevant
codes or/and applicable law; and
(ii) areas of the licensed facility where
flammable gases or vapours may occur
comply with existing relevant codes or
applicable law;
(j) print the number of a licence on every accounting
document used for its operations, including
invoices, delivery notes, and receipts;
(k) conduct business in such a way that:
(i) blending customers are treated fairly
and equally; and
(ii) comparable services are provided to all
blending customers;
(l) not engage in any activities that restricts, disrupt or
interfere with competition;
(m) as soon as practicable, but in any event not later
than thirty days after it becomes aware of the
fact, notify the Authority:
(i) if it is unable to conduct its licensed

activity;
(ii) if the conduct of its licensed activity
25
GN NO.50 (contd.)
would or might lead to the breach of any
of these Rules,applicable law or
materially affect services to blending
customers; or
(iii) of any material change in
circumstance that adversely affects its
licensed activity;
(n) cause an operator to be present in the licensed
facility at all times;
(o) notify the Authority of any change of its address,
name or location not later than seven days after
such change; and
(p) display in a conspicuous place at its licensed
certified.
General 29. A retailer shall:

obligations of
retailer
(a) comply with:
(i) applicable law;

(iii) these Rules;
(b) only buy, transport, store or sell lubricants that are
registered by the Authority;
(c) ensure that lubricant products are adequately
packed and the content weight or volume is
accurate;
(d) ensure that a lubricant is marked with the
following information:
(iii) product type;
(v) quantity in weight or volume; and
(vi) batch number.
26
GN NO.50 (contd.)
(e) ensure that it has material safety data sheet for each
lubricant material data sheet;
(f) inform the Authority or any other relevant authority
as soon as practicable, but in any event not more
than twenty-four hours after the occurrence of a
dangerous situation or incident related to its retail
business, or occurring within its lubricant shop,
including the steps taken or proposed to be taken to
remedy such situation or to eliminate or minimize
the danger arising from such situation;
(g) upon request, make available to the Authority
(h) not engage in any activity that restricts, disrupts or
interferes with competition;
(i) issue an official receipt bearing its registered name
and address in all transactions relating to lubricants
which shall specifically set out:
(i) its registered name and address;
(ii) the quantity and price of the lubricant
sold; and
(iii) the date of transaction;
Protection of 30. -(1) A wholesaler, a LOB, a distributor and a

lives and retailer shall, while storing, keeping, handling, conveying,
property
using or disposing of a lubricant, take such precautions and
exercise such care as may be reasonable under the
circumstances in order to:
(a) avoid endangering the safety or health of any
person, or the safety of any person’s property; and
(b) prevent significant environmental harm.
(2) A wholesaler and a LOB shall dispose of any waste
related to lubricant business in a manner and at a place intended
for the safekeeping and dumping of such products pursuant to
applicable law and petroleum industry best practices.
Compensation 31.-(1) A supplier shall compensate any person who

for loss has suffered any loss as a result of a licensed activity or a retail
suffered
business as the case may be.
(2) Any person who has suffered loss as a result of a
27
GN NO.50 (contd.)
licensed activity may lodge a complaint with a supplier whose
licensed activity or retail business, as the case may be, has
caused such loss with a view to reaching an amicable
settlement.
(3) In the event no settlement is reached under subrule
(2), the person who has suffered loss may refer the matter to the
Authority for decision and the Authority shall deal with such
Cap. 414 matter as if it is a complaint lodged pursuant to the provisions
of the EWURA Act.
(4) For the purpose of this rule, a person includes an
administrator, executor or executrix of the estate of a deceased
person.
Insurance 32. A supplier shall ensure that it procures and

maintains adequate insurance cover for the licensed activity.
Maintenance 33. - (1) Every wholesaler, LOB or distributor shall at

of records, all times:
provision and
disclosure of (a) keep complete and accurate records and data
information related to its licensed activity; and
(b) in accordance with the Authority’s requirements
and pursuant to its directives, promptly provide to
the Authority documents, records or information
related to its licensed activity.
(2) Any person who refuses to furnish information or
statement as required under subrule (1) (b) or furnishes false
information or statement to the Authority shall be liable to a
fine of not less than twenty million Tanzania Shillings or to
imprisonment for a term of not less than five years or both.
Confidential 34.-(1) Any information received by the Authority from

Information a supplier pursuant to these Rules and applicable law shall be
presumed not to be confidential.
(2) A supplier shall not be entitled to withhold
information from the Authority on the ground that it is
confidential.
(3) A supplier may request the Authority not to
circulate specific data or information that it has provided to the
Authority, provided, that only the Authority shall determine
28
GN NO.50 (contd.)
that such information is confidential.
(4) The Authority shall limit or prohibit the publication
of any information to the public in the event it makes a
determination that such information is confidential.
PART V
ENVIRONMENTAL PROTECTION
Compliance 35. -(1) Every supplier shall comply with the

with requirements of all applicable environmental laws and
environmental
laws and standards related to a licensed activity.
standards
(2) Subject to applicable law a wholesaler, distributor
or a LOB shall:
(a) carry out an environmental impact assessment
when establishing a licensed facility, or making a
major improvement to an existing facility;
(b) take all necessary preventive measures to avoid
pollution resulting from its licensed activity;
(c) observe strict environmental, health, and industrial
safety standards as required by applicable law; and
(d) perform an environmental audit related to licensed
activity in accordance with applicable law.
(3) For the purpose of subrule (2) (a) the term “major
improvement” means an improvement that aims at expanding
the size of the licensed facility and increasing the number of
storage tanks.
Consequences 36. The Authority shall, in the event it determines that

of violation of a supplier has violated any of the licence conditions, the Act,
licence
conditions these Rules or any applicable law on matters related to the
protection of environment, take appropriate actions pursuant to
Cap. 191 the provisions of the Environmental Management Act.
PART VI
TECHNICAL OBLIGATIONS OF A SUPPLIER
Compliance 37.– (1) A supplier shall comply with approved

with specifications pertaining to the handling, storage and
29
GN NO.50 (contd.)
specifications composition of a lubricant which is consistent with these Rules
and applicable law.
(2) A supplier shall not deviate from any approved
specification without prior approval of the Authority and the
Authority shall not grant such an approval unless it is satisfied
that such deviation is for public interest and will not negatively
affect public safety and the environment.
Execution of 38. – (1) No distributor shall conduct lubricant

dealership distribution business unless he has a dealership agreement with
agreement
a wholesaler.
(2) A wholesaler, shall within thirty days after receipt
of a written request for a dealership agreement from a
distributor, notify such distributor whether it has accepted or
denied such request.
(3) A wholesaler and distributor shall execute and make
available to the Authority upon request a dealership agreement.
(4) A wholesaler or distributor may refuse a request for
a dealership agreement made by a distributor or a retailer
pursuant to subrule (2), as the case may be, where the request
made is not economically or technically feasible and may result
in a wholesaler being unduly prejudiced.
(5) In the event a wholesaler denies a request for a
dealership agreement pursuant to subrule (4) it shall give
reasons in writing.
(6) In the event a distributor or retailer is aggrieved by
the refusal of the wholesaler or a distributor under subrule (4)
or the termination of the dealership agreement under rule 41 the
distributor, may refer the matter to the Authority for a decision
and the Authority shall deal with such matter as if it is a
complaint lodged pursuant to the provisions of Part VI of the
EWURA Act.
(7) Notwithstanding the generality of this rule, a
distributor shall identify and prepare a list of all distributors and
retailers it has a dealership agreement with pursuant to subrule
(2).
Provision of 39. - (1) A wholesaler shall provide technical support

technical to a distributor with whom it has a dealership agreement and
30
GN NO.50 (contd.)
support shall ensure that its lubricants distribution business is
conducted in accordance with these Rules and its licensed
facility complies with the requirements prescribed in these
Rules.
(2) A distributor shall
(a) be deemed to be an agent of a wholesaler with
whom it has a dealership agreement, and the
said wholesaler shall be responsible for all the
conducts of the distributor; and
(b) provide technical support to a retailer with
whom it has a dealership agreement and shall
ensure that its lubricant retail business is
conducted in accordance with these Rules and
its retail outlet complies with the requirements
prescribed in these Rules.
(3) A retailer shall be deemed to be an agent of a
distributor with whom it has a dealership agreement, and the
said distributor shall be responsible for all the conducts of the
retailer.
Preparation 40. Each wholesaler and distributor shall prepare,

and maintain and submit an annual plan to the Authority a plan
Submission of
a Plan which shall include:
(a) a list of all distributors or retailers, as the case
may be, it has entered into a dealership
agreement with pursuant to rule 38;
(b) a detailed plan on how it shall provide
technical support to dealers as required by rule
39; and
(c) detailed plan on how it will monitor the
performance of distributors or retailers, as the
case may be, it has entered into a dealership
agreement with.
Termination of 41.- (1) Any party to a dealership agreement may

dealership terminate the dealership agreement, provided a prior notice of
agreement
sixty days is given to the other party.
(2) Notwithstanding any agreement to the contrary and
without prejudice to the provisions of subrule(1), any party to a
31
GN NO.50 (contd.)
dealership agreement may terminate the dealership agreement it
has entered into, where it determines that the operations of the
other party is in violation of these Rules and applicable laws.
Offence 42. Any person who contravenes the provisions of rules

40 commits an offence and shall upon conviction be liable to a
fine of not less than three million Tanzania shillings or
imprisonment for a term of not less than three years or both.
Prohibition to 43. – (1) No person except a brand owner shall decant

decant or repack a lubricant for purposes of sale unless authorized in
writing to do so by the Authority.
(2) A distributor duly authorized under subrule (1) shall
not decant a lubricant of wholesaler in the absence of the
written authorization of:
(a) the lubricants brand owner; or
(b) the entity that is entitled to possess such lubricant.
(3) A distributor duly authorized pursuant to subrule(2)
shall, before decanting a container, conduct a thorough
inspection of such lubricants container to ensure that it is not
damaged.
Prohibition on 44.– (1) The net lubricant quantity contained in a

under filling container shall not be less than the content specified in the
container and any shortfall in the lubricant quantity contained
shall constitute under filling.
(2) The following circumstances shall raise a
presumption that a container is under filled:
(a) a broken seal;
(b) a seal that has been tampered with; or
(c) the absence of a seal.
(3) Possession of an under filled container that has not been so

identified or that has not been removed from a licensed facility,
shall raise a presumption that such container is for sale.
Reference of 45. A wholesaler, LOB or distributor who sells, offers

violation to the for sale, packs or distributes an under filled container shall be
certification
32
GN NO.50 (contd.)
authority referred to the certification authority for action.
Deceptive 46.-(1) A supplier shall not engage in any activity that

trade practices may deceive, tend to deceive or have the effect of deceiving a
customer, with respect to:
(a) the brand name of a lubricant; and
(b) lubricant’s composition, grade or quantity.
(2) Any supplier who contravenes the provisions of
subrule (1) shall be liable to a fine of three million Tanzania
shillings.
Storage of a 47. – (1) A wholesaler, a LOB and a distributor shall:

lubricant
(a) locate, construct, maintain and operate its works
connected with storage of a lubricant in
accordance with these Rules, respective licence,
applicable laws and good petroleum industry
practices; and
(b) conduct its licensed activity in such a way so as
not to endanger public health or safety.
(2) A wholesaler, a LOB and a distributor shall mark
with conspicuous signs the storage tanks and containers of each
product.
(3) A wholesaler, LOB and distributor shall, when
storing a lubricant, employ appropriate safeguards to ensure
that a leak is easily detected.
(4) A LOB shall, where it intends to replace or install
equipment at a licensed facility or a part thereof, notify the
Authority not less than thirty days prior to commencing such
replacement or installation in order to allow the Authority to
make necessary inspection and issue necessary approvals.
Provision for 48.-(1) A wholesaler, a LOB and a distributor shall

fire provide and maintain adequate fire extinguishing equipment at
extinguishing
equipment a licensed facility as required by applicable law and Good
Petroleum Industry Practices.
(2) A wholesaler, a LOB and a distributor shall, not less
than once a year, test the fire extinguishing equipment pursuant
to its specification and applicable law.
33
GN NO.50 (contd.)
Preparation of 49. A LOB shall establish a fire emergency plan to be

fire emergency employed in the event of a fire at a licensed facility that shall:
plan
(a) include a suitable and adequate fire-fighting plan

that comprises:
(i) the locations and types of all fire-
fighting equipment; and
(ii) an action plan that identifies, inter alia,
assembly points and the tasks of all
employees;
(b) include provisions for the training of employees to
deal with a fire emergency situation, the records of
which shall be preserved;
(c) be provided to employees employed in or on the
licensed facility; and
(d) be made available to the Authority on request.
PART VII
LUBRICANTS SAMPLING AND TESTING
PROCEDURES
Sub-Part I
Sampling Process
Sampling 50.-(1) The Authority shall conduct sampling and

testing of lubricants in accordance with the Act and these
Rules.
(2) The Authority shall, upon receipt of any complaint
or on its own motion, take samples of and test any petroleum
product from any licensed facility, transport unit or lubricant
shop:
(3) A supplier shall ensure that an operator is present at
a licensed facility, transport unit or lubricant shop at all times.
Preliminaries 51.-(1) Upon arrival at a licensed facility, transport unit

to sampling or lubricant shop and having identified themselves, inspectors
shall take samples and deliver to an operator, driver or to any
34
GN NO.50 (contd.)
employee working at a licensed facility, transport unit or a
lubricant shop the sample collection form prescribed in Sixth
Schedule to these Rules for signing.
(2) An operator, driver or any employee working at a
licensed facility, transport unit or a lubricant shop shall be
required to:
(a) co-operate with inspectors;
(b) comply with any instructions or requests made by
inspectors pursuant to their mandate; and
(c) grant inspectors unhindered access to any
document, the licensed facility, transport unit and
lubricant shop as appropriate.
How samples 52. - (1)Inspectors shall, in each sampling process, take

are to be taken three samples of any type of a lubricant from alicensed facility,
transport unit or lubricant shop.
(2) A sample of a lubricant referred in subrule (1) shall
be taken from a lubricant container in the following manner:
(a) for a 3 litre and above container, the container will
be opened and the sample distributed into three
portions of one litre each; and
(b) for a less than 3 litre container, individual
containers amounting to 3 litres in total shall be
distributed in 3 equal portions.
(3) Lubricant samples for testing shall only be taken by
an inspector using a container that meets approved
specifications.
(4) An inspector shall ensure that each sample taken is:
(a) properly labelled;
(b) witnessed by an operator, driver or any other
employee and an inspector; and
(c) sealed properly with the seal of the Authority.
Sample 53.-(1) An inspector shall complete the sample

collection collection form prescribed in the Sixth Schedule to these Rules
forms to be
signed as appropriate that shall then be counter-signed by an operator.
(2) Inspectors shall in the event that an operator, driver
or any employee working at alicensed facility, transport unit or
35
GN NO.50 (contd.)
lubricant shop refuses or fails to counter- sign the sample
collection form, note that such, operator, driver or employee
has failed or refused to sign the form.
(3) An inspector shall, in respect of the samples
described in rule 52 (1) and (2):
(a) deliver one sample to an operator, driver or any
employee working at alicensed facility, lubricant
shop or a transport unit to be conserved for
possible re-testing;
(b) deliver one sample to one of the laboratories
selected pursuant to rule 56 (1) for testing; and
(c) conserve one sample in the Authority’s storage
facility for possible re-testing.
(4) The Authority shall properly maintain the document
pursuant to chain of custody of the samples described in
subrule (3).
Operator, 54. -(1) An operator, a driver or any employee working

driver or at alicensed facility, lubricants shop or a transport unit as the
employee to
witness and case may be shall, during the sampling process:
facilitate the (a) be entitled to witness the entirety of the sampling
sampling process; and
exercise
(b) facilitate the sampling process in any way that the
inspectors may require.
(2) Lubricants samples shall be retained by the
Authority and the operator not longer than two months after the
date of collection.
Offence 55. - Any person who contravenes the provisions of

rule 51 or rule 53 shall be liable on conviction to a fine of not
less than five million Tanzania Shillings or to imprisonment for
a term of not less than three years or both:
Sub-Part II
Lubricants Testing and Re-testing Procedures
Selection of 56.-(1) The Authority shall select a laboratory qualified

qualified to test lubricant samples in accordance with the approved
laboratories
36
GN NO.50 (contd.)
specification.
(2) The Authority shall, while selecting a laboratory
pursuant to subrule(1) consider the following:
(a) the ability of the laboratory to conduct specific
tests pursuant to the approved specification;
(b) whether the laboratory is equipped with up-to-date
and calibrated instruments, and supplies consistent
with the scope and volume of tests to be
conducted;
(c) the laboratory’s reputation in the community on
matters of professionalism and ethical behaviour;
(d) information related to the laboratory’s participation
in voluntary accreditation programme and its
current certification status;
(e) ease of communication, particularly in respect of
questions arising; and
(f) timely delivery of test results.
(3) The costs for sampling and testing a lubricant shall
be borne by the Authority.
(4) The Authority shall, not more than seven working
days after receiving the results from a laboratory, notify the
operator in writing of the results whether conforming or non-
conforming, and it shall thereafter:
(a) take no further action where test results indicate
that a sample is conforming to approved
specifications; or
(b) deal with the operator in accordance with rule 64
(1) where the test results indicate that a sample is
non-conforming to approved specifications.
Re-testing 57.-(1) The Authority may in the event that any person
process disputes the results under rule 56 (4), conduct a re-test of the
samples pursuant to these Rules and the costs of re-testing shall
be borne by the person disputing the first results.
(2) Notwithstanding the provisions of subrule (1) the
re-test of the samples shall only be done where:
(a) the Authority has received a request in writing for
a re-test;
(b) the seals of the sample to be tested remain intact
37
GN NO.50 (contd.)
and the samples are not tempered with; and
(c) re-test costs have been fully paid by the disputing
person.
(3) In the event that the Authority determines to re-test
a sample, the Authority shall recover the sample conserved by
the operator pursuant to rule 53(3) (b) and the sample
conserved by the Authority pursuant to rule 53(3) (c) to be re-
tested in two separate laboratories selected by the Authority
pursuant to rule 56 (1); provided, however, that no testing shall
be conducted by a laboratory that was involved in the first
testing process.
Right to 58.-(1) The operator, the complainant or their

witness re-test representatives shall have the right to witness a re-test.
(2) In the event that an operator, complainant or their
representatives refuse or fail to appear for the re-testing
described in subrule (1), such operator, complainant or their
representative shall be deemed to have:
(a) waived its right to witness the re-test; and
(b) authorized the Authority to proceed with the re-
testing in their absence.
(3) After receipt of the results of the re-testing, the
Authority shall:
(a) make a final determination on the test results from
the two laboratories taking into account the results
of the first test; and
(b) notify the operator or any other person disputing
the results of such determination.
(4) The results of the re-testing process shall be final.
Sub-Part III
Procedures on Inspection of a Licensed Facility or a Transport Unit
Procedure for 59.- (1) An inspector may, at any time, inspect a

inspection of licensed facility, lubricant shop, transport unit or any document
licensed
facility, related to the conduct of a licensed activity to ensure
lubricant shop compliance with applicable law.
or transport
38
GN NO.50 (contd.)
unit
(2) An operator shall render all necessary assistance to
facilitate any inspection of its licensed facility, lubricant shop
or transport unit pursuant to subrule(1).
(3) During inspection, an inspector may:
(a) take a sample of any lubricant; or
(b) make a copy or take an extract from any book, data
base, account or record kept at the licensed facility,
lubricant shop, transport unit or any other place.
(4) An inspector may, during the course of an
inspection, break any seal for the purpose of taking a sample,
provided, however, that such inspector shall thereafter affix the
Authority’s seal.
(5) The Authority may seek the assistance of law
enforcement authorities, including the police force, in carrying
out an investigation, inspection or impoundment of a transport
unit.
Offence 60.– Any person who contravenes the provisions of

rule 59 (2) commits an offence and shall upon conviction be
liable to a fine of not less than twenty million Tanzania
Shillings or imprisonment for a period of not less than three
years or both.
Sub-Part IV
Procedures on Impoundment of a Transport Unit
Procedures for 61.-(1) An inspector may impound any transport unit

impounding
transport unit where they determine that the lubricant brand found is not
registered by the Authority for use in Mainland Tanzania.
(2) The Authority shall carry out stock taking of the
non-registered lubricant brand found under subrule (1); the
stocktaking shall be witnessed by the operator.
(3) The Authority shall affix its seal on any transport
unit after impounding it and no person shall offload any
lubricant from such transport unit without prior authorization of
the Authority.
(4) The Authority may seek the assistance of law
enforcement authorities, including the police force, in
39
GN NO.50 (contd.)
impounding a transport unit.
(5) After the Authority has impounded a transport unit
pursuant to subrule(1) it shall without prejudice to the penalties
spelt out in these Rules and the Act, order the operator to
dispose such products in accordance with Good Petroleum
Industry Practices and environmental laws.
(6) Possession of a brand of lubricants cylinder that has
not been registered with the Authority, shall raise a
presumption that such lubricant is non- conforming.
Release of 62.- A transport unit which has been impounded under

impounded
transport unit the provisions of rule 61 (1) shall only be released upon the
Authority being satisfied that:
(a) the non-conforming lubricants therein have been
disposed of in accordance with petroleum industry
best practices and environmental laws;
(b) the operator has paid the appropriate fine pursuant
to these Rules; and
(c) the Authority has issued an order in writing for
therelease of such unit.
Exemption from 63. -Notwithstanding the provisions of rules 61 and 62

liability
the Authority is exempted from any liability arising from the
impoundment of any transport unit, and all the costs associated
with the impoundment and safe keeping of such transport unit
shall be borne by an operator.
Sub-Part V
Penalties for Non-Conforming Products
Penalties for 64.-(1) Any operator found with non-conforming

non-conforming
products petroleum product shall be liable on conviction to a fine of;
(a) for a lubricant oil blender, ten million Tanzania
shillings or imprisonment for a term of not less
than three years or both;
(b) for a wholesaler, seven million Tanzania shillings
or imprisonment for a term of not less than three
years or both;
(c) for a distributor, six million Tanzania shillings or
40
GN NO.50 (contd.)
imprisonment for a term of not less than three years
or both; and
(d) for retailer , five million Tanzania shillings or
imprisonment for a term of not less than three years
or both.
(2) Without prejudice to the penalty prescribed in
subrule (1), the Authority may, in the event of non-conforming,
order the operator found with such products to:
(a) stop the operator from transferring the lubricant to
another operator, selling or offering for sale the
non-conforming product;
(b) order the operator, under the supervision of the
Authority, to dispose of the non-confirming
product in accordance with Good Petroleum
Industry Practices and environmental laws; and
(c) order the operator to compensate any person who
has lodged and proved a complaint for any damage
caused by such non-conforming lubricants.
(3) The Authority may seek the assistance of other
authorities, including the police force, in the process of
disposing off a non-confirming product under subrule (1).
(4) Notwithstanding the provisions of subrule (1) and
(2) the Authority shall revoke a licence of any habitual
offender.
Licensed facility 65.-Any licensed facility of which a licence has been

that has its
licence revoked revoked pursuant to rule 64 (4) shall remain closed and not be
eligible for issuance of a licence for a period of twelve months
from the date of revocation.
Temporary 66. -The Authority may, upon taking a lubricant sample

closure of a
facility or pursuant to these Rules, order the temporary closure of the
impounding of a licensed facility or part thereof, or impound a transport unit
transport unit pending release of the test results of the samples taken where:
(a) the Authority determines that continuing the
operations of alicensed facility or the transport unit
will pose an imminent risk of injury to life or
damage to property and the environment;
(b) the Authority finds that several complaints have
41
GN NO.50 (contd.)
been filed with the Authority against the same
operator;
(c) the Authority has obtained provisional results
indicating that the tested lubricants are non-
conforming; or
(d) the operator admits that the sample lubricants are
non-conforming.
Reference to 67.- Notwithstanding the provisions of these Rules and

TRA and other
government any other penalties prescribed in the Act the Authority shall
institutions refer to TRA or any other relevant authority any person found
with non-conforming lubricants where it believes that there
were attempts by such person to defraud the Government of its
revenue.
Sub-Part VI
Disposal of a Non-Conforming Products
Disposal of a 68.-(1) An operator whose product has been disposed

non-conforming
products of pursuant to rule 65 (1) shall in addition be liable to pay the
appropriate fine pursuant to these Rules within 7 days of the
product being disposed off.
(2) Failure by the operator to pay the fine pursuant to
subrule(1) shall have its licenced facility, transport unit or
lubricant shop as appropriate, closed until the fine is paid in full
and the Authority has issued an order in writing for re-opening.
Penalties for 69.-Any person who:

tampering,
cutting seals and (a) tampers with a non-conforming product barred by
tapes or the Authority pursuant to rule 64(1) (a); or
removing any (b) removes any signage affixed by the Authority at a
signage to
licensed facility licensed facility, lubricant shop or a transport unit,
or Transport Unit
commits an offence and shall on conviction be liable to a fine
of two million Tanzania Shillings or imprisonment for a term
not more than three years, or both.
42
GN NO.50 (contd.)
PART VIII
COMPLIANCE AND ENFORCEMENT
Inspection of 70.-(1) The Authority may, at any time, inspect a

licensed facility
licensed facility, transport unit or a lubricant shop pursuant to
these Rules and applicable law.
(2) The Authority may inspect a licensed facility,
equipment or documents, and an operator, shall render such
assistance to inspectors as may be required in the course of
such inspection.
(3) Notwithstanding the generality of subrule (2) an
inspector may, with an Order in hand, enter upon any lubricant
shop for the purpose of conducting an inspection.
(4) During inspection, an inspector may:
(c) take samples of any substance or equipment or
articles stored in a licensed facility or a lubricant
shop;
(a) make copies or take extracts from any book,
accounts or records kept on a licensed facility or a
lubricant shop;
(b) inspect machinery, equipment, appliances, meters,
fittings and apparatus; and
(c) inspect any transport unite that is found at a
licensed facility or a lubricant shop.
Notification of 71.- (1) At the conclusion of an inspection and where it

offences
is found that there was violation of the provisions of the Act,
EWURA Act and these Rules, the person responsible for such
violation, shall:
(a) where he disputes the offence, fill in Part A of the
Notification of the offence prescribed in the
Seventh Schedule o these Rules; or
(b) where he admits the offence, fill in Part B of the
Notification of the offences prescribed in the
Seventh Schedule to these Rules.
(2) Any person who has been found in violation of the
law and who has admitted to the offence under the provision of
subrule (1) (a), shall, within fourteen days, from the day of the
43
GN NO.50 (contd.)
said admission, be required to pay the fine prescribed by the
Authority.
(3) Any person who has been found in violation of the
law and who disputes the offence under the provision of
subrule (1) (b), shall, within seven days from the date of
commission of the offence, be required to answer the charges in
writing.
(4) Upon the conclusion of the inspection and where
the inspector is satisfied that the continued operation of the
transport unit or a facility poses an imminent danger to the lives
of people and animals or destruction of property, he may
proceed to order for the closure or impoundment, as the case
may be, of the said facility or transport unit regardless of
whether the said person has admitted to the offence or not.
(5) Notwithstanding the provisions of subrule(4), an
inspector who has decided to close a facility or to impound a
transport unit, shall note down the reasons which have
compelled him to take such decision including all the available
evidences.
Offence 72. Any person who refuses to sign in the notification

of offence upon being required by an inspector under rule 71
(1) commits an offence and shall, be liable to a fine not less
than five million Tanzania shillings or imprisonment for a term
not less than three years or both.
Issuance of 73. The Authority may, while discharging its regulatory

compliance
orders functions and where it finds that there is a continued violation
of the provisions of the Act, the EWURA Act and the
provisions of these Rules, issue a compliance order to the
person responsible for such violation.
(2) An inspector may, while discharging his obligation
under subrule(1), seek the assistance of law enforcement
institutions including the police and such institution shall
provide the requested assistance to the inspector.
Obligations of 74. - (1) During inspection an inspector shall be

inspector during
Inspection required to do the following:
(a) identify himself to a licensee or customer with an
44
GN NO.50 (contd.)
identity card issued by the Authority;
(b) explain to a licensee or customer the purpose of the
inspection;
(c) conduct himself with fairness, objectivity and
integrity;
(d) not engage in any form of discrimination, bias or
harassment;
(e) refrain from taking part in a duty that has or may
appear to have a conflict of interest;
(f) carry out inspection in a professional manner in
accordance with the requirements of these Rules,
codes, guidelines, inspection checklist, standards,
applicable laws and Petroleum industry best
practices ; and
(g) not use force or abusive, threatening and insulting
language to a supplier.
(2) Any inspector who contravenes the provision of
subrule (1) shall be dealt with in accordance with the
Authority’s procedures.
(3) Any person aggrieved by an act of an inspector
during inspection may, within fourteen days from the date of
the act, report the matter in writing to the Authority.
Prohibited acts 75. -(1) A supplier shall not:

against
inspectors
(a) hinder or obstruct an inspector in the exercise of
any of the powers conferred upon him under these
Rules;
(b) use abusive, threatening or insulting language to an
inspector;
(c) deny or fail to comply with a requirement,
direction or notice of an inspector; and
(d) when required by an inspector to answer a
question, deny or fail to answer such question to
the best of his knowledge, information and belief.
(2) Any person who contravenes the provision of

subrule (1)commits an offence and shall be liable, to a fine of
five million Tanzania shillings or to imprisonment for a term
45
GN NO.50 (contd.)
not exceeding two years or both.
Decommissionin 76.-(1) A licensed facility may, subject to the

g procedure
provisions of this rule, be decommissioned:
(a) after receipt of a written application for
decommissioning from a LOB;
(b) by an order of the Authority where it is satisfied
that such facility has been abandoned by its
licensee for a period not less than three months; or
(c) by an order of the Authority that the same be
decommissioned after the Authority is satisfied that
the continued operation of such facility poses
danger to lives and property.
(2)A LOB shall in the event that it seeks to
decommission a licensed facility, notify the Authority not less
than thirty days prior to such decommissioning in order to
enable the Authority to make necessary inspections and issue
necessary approvals.
(3) Notwithstanding any provision of these Rules, a
LOB shall pay all costs associated with the decommissioning of
a licensed facility, whether such decommissioning has been
done following the request by the LOB or by Order of the
Authority, as the case may be.
Site restoration 77.- (1) A LOB shall, prior to decommissioning a

licensed facility, restore the licensed facility to its original state
so that it does not pose a threat to the environment or the safety
and health of the public.
(2) The Authority shall, after completion of the
restoration of a licensed facility to its original state by a LOB,
issue a certificate of compliance to a LOB confirming such
restoration.
(3) For the purposes of subrule (1) “restore to its
original state” means:
(a) to return the area in which a licensed facility is
located to its original and natural state as it was
before the construction and installation of the
licensed facility; or
(b) to render the area in which the licensed facility is
46
GN NO.50 (contd.)
located, or part thereof, compatible with its
intended after-use, including:
(i) removing buildings, structures, plant
and debris;
(ii) establishing compatible contours and
drainage;
(iii) replacing top soil, re-vegetation, slope
stabilization; and
(iv) infilling of excavations.
(4) The Authority shall, before issuing a certificate of
compliance under subrule (2), consult National Environmental
Management Council.
PART IX
GENERAL PROVISIONS
Appeal 78. Any person who is aggrieved by the decision of the

Authority under rules 6, 9, 19, 21, 23, 24 or 25 may lodge an
appeal to the Tribunal pursuant to the provisions of the Fair
Competition Act.
Revocation of 79.- (1) The Petroleum (Lubricants Operations) Rules,

GN No 377/2018
2018 is hereby revoked.
(2) Notwithstanding the revocation of the Petroleum
(Lubricants Operations) Rules, 2014 and the Petroleum
(Lubricant Sampling and Testing) Rules, 2014, all orders,
exemptions or directives made or issued or deemed to have
been made or issued under those rules shall be deemed to have
been made under these Rules, and shall remain in force until
revoked or otherwise expire or cease to have effect.
Authority to 80. Where procedures are not provided for in these

supplement
procedures Rules, the Authority may do whatever is necessary and
permitted by the Act, the EWURA Act and applicable law to
enable it to effectively and completely adjudicate on any matter
before it.
47
GN NO.50 (contd.)
FIRSTSCHEDULE
(Made under Rule 4(2)
LUBRICANT BLENDING CONSTRUCTION APPROVAL
For EWURA Use Only
Date Received: File Number:
Time Received: Received by:
IMPORTANT NOTE: Please complete this form and submit it to the Director General
through the address above together with all relevant enclosures.
In order to avoid unnecessary delays, please answer all items in full and submit to EWURA
a complete form with all necessary enclosures. No application will be processed until it has
been found to be complete.
Once complete and ready for submission, PRINT USING BLUE OR BLACK INK ONLY.
Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If
an item seems not applicable to the specific application, you should indicate with block
capitals N/A meaning Not Applicable. All separate sheets of information must be on a clean
and clear A-4 paper.
PART I: DETAILS OF THE APPLICANT
1. Name of Applicant (Insert trading name), business address, telephone and fax numbers
(a) Name of the Applicant:……………………………….....
(b) Business address:
Street……........….Plot No........................................
Block No…..............Building No……........................
(c) Postal Address: .......................................................
(d) Telephone No: ........................................................
(e) Facsimile: .........................Cell Phone......................
(f) E-Mail: ..............................
48
GN NO.50 (contd.)
2. Location and complete address of the proposed facility
(a) Location:
Street……........….Plot No.........................................
Block No…..............Building No…….........................
(b) Postal Address: ........................................................
3. Registration Status: (Fill Where Appropriate)

(a) Certificate of Incorporation No…….........................……..
(b) Certificate of Compliance No……..........................………
(c) Business license No.……………...........................………...
(d) TIN No. .........................................................................
(e) VAT No.………………………...........................…………….
4. Legal status of the Applicant:

Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organization
Government Agency
Cooperative Society
Joint Venture
Other (specify)................................... (if not sole proprietor please attach
the registration documents)
5. Contact Person:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……...............
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: ........................Cell phone: ...........................
(g) E-mail: ...................................................
6. Provide on a Separate Sheet Information Related to the Applicant where

applicable:
Shareholding Arrangements
Director(s)
Members of the Board of Directors
Chief Executive Officer (where applicable)
49
GN NO.50 (contd.)
7. If the applicant is in a Joint Venture with another entity, provide the following
details:
(a) Name: .....................................................
(b) Title: ........................................................
Building No……................
(d) Postal Address: .......................................
(f) Facsimile: ...............................Cell phone: ...........................
(g) E-mail: ...................................................
8. Fee amount and method of payment:
(a) Amount: TZS………………..….................…….…....................
(b) Mode: Cash Cheque Other (specify)...................
(c) Fees Payment Receipt No. (Attach Copy).............................
PART II- LIST OF ENCLOSURES
9. Please attach your application with the following documents and indicate them
where necessary;
Certificate of Registration
Certificate of compliance for a foreign company
Certificate of Incorporation
Memorandum of Association
Articles of Association
Copy of Application Fee Receipt
Joint venture (where applicable)
Extracts of the Certified Audited Accounts/ Financial statement
Approvals and Consents by relevant authorities
Building Permit
Proof of possession on use of land
Environmental Impact assessment
Business or project plan
Business license
Engineering layout plan duly signed by a registered engineer
Other (Specify).......................................................
NB:Engineering drawings duly signed by a registered engineer shall specify

the following:
(a) the number of tanks and loading gantries;
(b) the location and distances between building structures and facilities
and equipment;
50
GN NO.50 (contd.)
(c) entry and exit;
(d) perimeter wall and property boundaries;
(e) location and identification of loading gantries; and
(f) that the engineering and design has been done in accordance with
approved specifications
PART III – DECLARATION BY THE APPLICANT
10. I…...................….. (insert name) being…….............................… (insert

title/position) hereby declare that I am authorized to make this application
on behalf of the applicant and that to the best of my knowledge the
information supplied herein is correct and that within a reasonable period
of time after notice, I undertake to provide whatever additional information
EWURA may require in order to evaluate this application.
SWORN/AFFIRMED at……………….. …..

by the said……………….who is identified to
me by……………./known to me personally …………………
the latter being known to me personally this DECLARANT
………day of …………………..2018
BEFORE ME:
__________________________
COMMISSIONER FOR OATHS
NOTE:
If this application form is completed electronically it must be printed out,
signed before a Commissioner of Oaths and submitted with the necessary
supporting documents and submitted to the EWURA Headquarter office or at
Zonal Offices
51
GN NO.50 (contd.)
SECOND SCHEDULE
(Made under Rule 16)
FORMS FOR LICENCE APPLICATION
FORM 1.1: LUBRICANT WHOLESALE LICENCE
For EWURA Use Only
IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to
the Director General at the above address.
In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the
information required to consider this application. EWURA will not process this application
until it has been found to be complete.
Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an
item seems not applicable to the specific application, you should indicate with block capitals
N/A meaning Not Applicable. You should ensure that all required documentation are enclosed
and that each separate sheet of information attached to the application corresponds to a
specific item in the application.
1. Name of Applicant (Insert trading name)
52
GN NO.50 (contd.)
(a) Certificate of Incorporation No…….........................……

(b) Memorandum and Articles of Association (where applicable)
(c) Business license No.……………...........................…………….
(d) TIN No. ........................................................................
(e) VAT No.………………………...........................…………….

(
3. Physical and postal Address of the retail outlet:
(a) Physical address:
Street……........….Plot No.............
(a) Postal Address: .........................................
(b) Telephone No: ..........................................
(c) Facsimile: ............................Cell Phone................................
(d) E-Mail: ......................................................

Sole Proprietorship
Partnership
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................
5. Contact Person:
(a) Name: .....................................................

(b) Title: ........................................................
Building No……..............:
53
GN NO.50 (contd.)
(d) Postal Address: .......................................
(f) Facsimile: .............................Cell phone: .............................
(g) E-mail: ...................................................
6. Application Fee and Method of Payment:

(a) Amount: TZS……….........…........................................…....
(b) Mode: Cash Cheque Other (specify)........................
PART II – ENCOLOSURE
7. Attach the following documents/ permits issued by relevant authorities(where

appropriate) :
Business license
Certificate of incorporation
Certificate of Compliance
Memorandam and Article of Association
TIN certificate.
VAT Certificate
Proof of ownership or lease of the warehouse (the proof should include an
emergency exit, sufficient ventilation, spillage containment and adquate fire
fighting equipment)
Oil and Lubricant handling permit
adquate skilled personnel ( personnel’s profile)
proof of financial capability being either previous year’s audited financial
statements showing an annual gross turnover of not less than Two hundred
million Tanzania Shillingsora bank statement showing a credit balance of
not less than two hundred million Tanzania Shillingsor a bank guarantee or
a credit facility of not less than two hundred million Tanzania Shillingsor
an unequivocal letter of comfort from a financial institution or a bank that
confirms that the bank or the financial institution shall extend a loan to the
applicant for the amount not less than two hundred million Tanzania
Shillings
OSHA certificate
Business plan
Memoranda of understanding (if any) governing commercial transactions of
regulated goods and services.
Duly filled integrity pledge form
Any other.

54
GN NO.50 (contd.)
on behalf of the applicant (insert the name of the applicant.............). I
further declare that to the best of my knowledge the information supplied
herein are correct.

me by……………./known to me personally …………………………
………day of ……………2018
BEFORE ME:
__________________________
NOTE:
If this application form is completed electronically it must be printed out,signed
before a Commissioner of Oaths and submitted with the necessary
supporting documents and submitted to the EWURA Headquarter office or
at Zonal Offices
FORM 1.2: LUBRICANT DISTRIBUTION LICENCE
For EWURA Use Only
In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of the
information required to consider this application. EWURA will not process this application
until it has been found to be complete.
Where options are given, tick the relevant box. Leave no item unanswered or un-ticked. If an
item seems not applicable to the specific application, you should indicate with block capitals
N/A meaning Not Applicable. You should ensure that all required documentation are enclosed
and that each separate sheet of information attached to the application corresponds to a
specific item in the application.
55
GN NO.50 (contd.)

(d) TIN No. ........................................................................
(e) VAT No.………………………...........................…………….
Street……........….Plot No.............
(a) Postal Address: .........................................
(b) Telephone No: ..........................................
(d) E-Mail: ......................................................

Sole Proprietorship
Partnership
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................
5. Contact Person:
56
GN NO.50 (contd.)
(a) Name: .....................................................
(b) Title: ........................................................
Building No……..............:
(d) Postal Address: .......................................
(g) E-mail: ...................................................

(a) Amount: TZS……….........…........................................…....

appropriate) :
Business license
TIN certificate.
VAT Certificate
adquate skilled personnel ( personnel’s profile
OSHA certificate
Memorandam of understanding (if any) governing commercial transactions
of regulated goods and services.
Any other.

herein are correct.

me by……………./known to me personally …………………………
57
GN NO.50 (contd.)
………day of ……………2018
BEFORE ME:
__________________________
NOTE:
If this application form is completed electronically it must be printed out, signed
before a Commissioner of Oaths and submitted with the necessary supporting
documents and submitted to the EWURA Headquarter office or at Zonal Offices
FORM 1.3: LUBRICANT BLENDING LICENCE
For EWURA Use Only
In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of
the required information. You may submit your application electronically or by delivering
the same to EWURA offices. EWURA will not process this application until it has been
found to be complete.
capitals N/A meaning Not Applicable. You should ensure that all required documentation
are enclosed and that each separate sheet of information attached to the application
corresponds to a specific item in the application.
58
GN NO.50 (contd.)

(d) TIN No. ........................................................................
(e) VAT No.………………………...........................…………….
Street……........….Plot No.............
(a) Postal Address: .........................................
(b) Telephone No: ..........................................
(d) E-Mail: ......................................................

Sole Proprietorship
Partnership
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................
5. Contact Person:
(a) Name: .....................................................

(b) Title: ........................................................
Building No……..............:
59
GN NO.50 (contd.)
(d) Postal Address: .......................................
(g) E-mail: ...................................................

(a) Amount: TZS……….........…........................................…....

appropriate) :
Building Permit
Land Title
Business license
TIN certificate.
VAT Certificate
Proof of ownership or lease of the warehouse (the proof should include an
emergency exit, sufficient ventilation, spillage containment and adquate fire
fighting equipment)
Oil and Lubricant handling permit
adquate skilled personnel ( personnel’s profile)
proof of financial capability being either previous year’s audited financial
statements showing an annual gross turnover of not less five hundred
million Tanzania Shillingsora bank statement showing a credit balance of
not less than five hundred million Tanzania Shillingsor a bank guarantee or
a credit facility of not less than five hundred million Tanzania Shillingsor
an unequivocal letter of comfort from a financial institution or a bank that
confirms that the bank or the financial institution shall extend a loan to the
applicant for the amount not less than five hundred million Tanzania
Shillings
List of wholesaler and retailer the Applicant is intending to distribute them
with Lubricant
Environmental Impact Assesment certificate
OSHA certificate
Fire Certificate from the Fire Department
Contracts or Agreements
60
GN NO.50 (contd.)
Memoranda of understanding (if any) governing commercial transactions of
regulated goods and services.
Any other.
8.
I…...................….. (insert name) being…….............................… (insert
herein are correct.
SWORN/AFFIRMED at……………….. ….. )

by the said……………….who is identified to )
me by……………./known to me personally ) …………………………
the latter being known to me personally this ) DECLARANT
………day of ……………20… )
BEFORE ME:
__________________________
NOTE:
before a Commissioner of Oaths and submitted with the necessary
supporting documents and submitted to the EWURA Headquarter office or
at Zonal Offices
THIRD SCHEDULE
INTEGRITY PLEDGE
______________
(Made Under rule 17)

____________
1. We ……………………………………. do believe that, unethical business

practices and corruption have been one of the biggest impediments to sustainable economic
61
GN NO.50 (contd.)
growth and prosperity in Tanzania and have been eroding public confidence in the
Government and its institutions ability to serve its citizen fairly;
2. As a company involved in petroleum activities in Tanzania, we acknowledge our
responsibility to ensure good governance because it is necessary for continued growth and
business sustainability. We also acknowledge the importance of conducting our business
with the highest standards of transparency, ethics and integrity;
3. While the Government and the Prevention and Combating of Corruption Bureau
(PCCB) have their own initiatives for reducing corruption and other unethical practices, we
realize that those initiatives cannot succeed without individual and collective commitment
from business community to level the playing field and to build integrity in the business
environment.
4. In view of the foregoing, we pledge the following:
(a) not, through any of our employees, representatives or agents, to involve in
any form of bribery, corruption whether direct or indirect or unethical
behavior in whatever form;
(b) to clearly communicate with all employees and business partners about
stance on fighting all forms of bribe, corruption and other unethical
behavior in whatever form;
(c) to maintain and share with our employees the code of conduct which will be
a guide in executing our daily business operations in order to comply with
high ethical standards of conduct and anti-corruption laws;
(d) to conduct regular training on anti-bribery and anti-corruption to our
employees and business partners in order to ensure that they are updated and
knowledgeable of the Company’ s policy in implementing this pledge;
(e) to conduct integrity risk assessment that will help to identify corruption
risks inherent in business operations and apply effective measures;
(f) to maintain appropriate financial reporting mechanisms that are accurate and
transparent;
(g) to enter into integrity pacts with business partners and government agencies
when dealing with procedures related to the bidding and procurement of
supplies, materials, equipment, and construction;
(h) to maintain channels by which employees and other stakeholders can raise
ethical concerns and report suspicious circumstances in confidence without
risk of reprisal, and a designated officer will be tasked with investigating all
reports received and taking appropriate action;
(i) to refrain from engaging in business with parties who have demonstrated unethical
business practices;
(j) not to engage in any arrangements that undermines or is prejudicial to the
national security; and
(k) to maintain a proper insurance cover against losses, injuries or damage to
environmental, communities, individual and properties that may be
occasioned in the course of carrying business.
62
GN NO.50 (contd.)
5. To ensure collective action in preventing any unethical and corrupt behavior and
the highest standards of ethics, integrity and transparent in business transactions in
Tanzania, we commit to:
(a) support a nationwide initiative intended to create fair market conditions,
transparency in business transactions, and ensure good corporate
governance;
(b) participate in roundtable discussions, meetings, and forum to identify the
key concerns and current problems affecting the private sectors related to
integrity and transparency in business transactions;
(c) share the international best practices, tools and concepts which are intended
to be used by all participating entities to achieve the goals of the nationwide
integrity behavior initiative;
(d) participate in the creation of key measures and control activities intended to
ensure transparency, integrity and ethical business practice;
(e) support the development of an audit and certification program (including a
training program for advisers and auditors) that will offer a toolbox for
enterprises to introduce and implement ethical practices in their business
processes; and institutionalize the whole process to promote sustainability of
the integrity initiative.
6. To confirm our commitment to this pledge, we hereby commit ourselves as a company
and individuals to be bound in all aspects by this integrity pledge and shall be responsible
for all the consequences which may result to non-compliance to this pledge.
7. To fight any form of corruption practices whereby zero tolerance action will be taken
against any employee, staff or other person involved in corruption in relation to the
business, regardless of position and status;
8. To report any corrupt or unethical practices that occur in the business place to the
appropriate Authority;
9. We shall also ensure that our employees and agents comply with this pledge and in any
event of non-compliance we commit ourselves to be responsible for their action.
Signed by ……… for and on behalf of

…………………………………………………. this ……… day
of …………………….……….. [2018]
Signature …………………………….……….
Designation:…………………..………….
Witness
Name:……………………………………
Signature:…………………..…………
Designation:……………………………
63
GN NO.50 (contd.)
___________________
FOURTH SCHEDULE
________________
(Made under rule 21(2))

________________
APPLICATION TO TRANSFER A LICENCE
This section to be completed by the Current Licensee
Current Licensee to complete as appropriate
Current Licensee’s name
Name and address of the

Transferor
Reason for Transfer (attach

documentary proof)
Address of the Licensed

Facility
Postcode Tel No.
Email
Licence Particulars Type of Licence:
Licence No:
Licence Duration:
64
GN NO.50 (contd.)
Expiry Date:
I agree to the Licence being transferred to the applicant(s) below:
Name and Date:

physical
Address of the
Transferee :
Business Position:
Organisation
(Sole
proprietor,
Company,
Partnership)
Date: Company Seal

Principal
Officer (only if
the transferee is Signature:
a company or
partnership)
1.
Names of 2.
Partners or
Shareholders
3.
4.
5.
6.
7.
This section to be completed by the Applicant(s)
1. I the undersigned, being the new occupier of the premises detailed in the application,
65
GN NO.50 (contd.)
hereby apply for the transfer of the current licence and I hereby declare that the
information stated herein in regard to the transferee are true to the best of my
knowledge.
2. In the event of a licence being transferred:

(a) I agree to abide by the conditions laid down by EWURA and applicable laws,
and not to alter in any way the approved arrangements of the premises without
the written approval of EWURA, nor use the said premises for any other purpose
than those prevailing at the time the licence is transferred;
(b) the licence shall have the like effect in all respects as if no transfer had been
made; and
(c) all duties and responsibilities that were to be fulfilled by the transferor are
automatically shift to the transferee as if no transfer was made.
Date
Signed: Position:
Print Name
Ownership of the site comprising the licensed facility.

If the transfer or is not the owner of the site (i.e. a tenant), enter below the name and address of
the owner or owners, as the case may be:
Details Transfer or to complete if applicable
Name (of owner)
Address:
Post Code Tel No.
Email
66
GN NO.50 (contd.)
Fee TZS ....... Payable to EWURA Account through control No. to be
provided by EWURA.
Notes
1. The applicant(s), (if an individual person or partnership) must be over 18 years of age.
2. By signing the form both the transferee and transferor declare that they are authorized
to make this application and that the information supplied there herein is correct.
3. This application together with the appropriate fee, should be forwarded to the Director
General, EWURA at 4TH Floor, PSSSF House, Makole Road, , P.O Box 2758,
Dodoma.
The application should be attached with the following documents;-

1. The original copy of a valid EWURA licence in respect of the licensed facility;
2. Certified copy of tax Clearance in respect of the licensed facility;
3. Lease/ Sale agreement stamp duty paid;
4. Company Registration documents;
5. In case the type of transfer if by death or order of the Court the Applicant will be
required to submit the supporting documents.
6. Proof of payment of transfer application fee;and
7. Any other document that will be required at the time of transfer
67
GN NO.50 (contd.)
________________
FIFTH SCHEDULE
________________
(Made under rule 24 (2))

________________
APPLICATION FOR RENEWAL OF A LICENCE
For EWURA Use Only
In order to avoid unnecessary delays, answer fully all items and submit to EWURA all of
the required information. You may submit your application electronically or by delivering
the same to EWURA offices. EWURA will not process this application until it has been
found to be complete.
capitals N/A meaning Not Applicable. You should ensure that all required documentation
are enclosed and that each separate sheet of information attached to the application
corresponds to a specific item in the application.
68
GN NO.50 (contd.)
(a) Certificate of Incorporation No…….........................…
(b) Certificate of Compliance No……..........................……..
(d) TIN No. ..........................................
(e) VAT No.………………………..............
3. Address of retail outlet:
(a) Physical address: Street…….........Plot No.............
Block No…..............Building No…................
(b) Postal Address: .............................
(c) Telephone No: ..........................................
(d) Facsimile: ................Cell Phone................................
(e) E-Mail: .........................
69
GN NO.50 (contd.)
Sole Proprietorship
Partnership
Private Limited Liability Company Parastatal Organization Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................
5. Contact Person:
(a) Name: .....................................................
(b) Title: ................................................
Street…….......…Plot No…....…Block No…......….
Building No……..............:
(d) Postal Address: .......................................
(f) Facsimile: ....................Cell phone: .................
(g) E-mail: ....................................
70
GN NO.50 (contd.)
6. Details of the Current Licence
Type of a licence:…………………….
Licence No. …………………………….
Date Issued……………………………..
Expiry Date……………………………
7. Has the licensee undergone any material changes (structural, legal, managerial or
related to the services supplied) since its previous application?
Yes – If yes, provide details..................................................
.................................................................................................
................................................................................................
................................................. (Use additional Sheet if Necessary)
8. Application Fee and method of payment:
(a) Amount: TZS….......................................................................................................
(b) Mode: Cash Cheque Other (specify).....................................................................
(c) Fees Payment Receipt No. (Attach Copy)...............................................................
PART II – DECLARATION BY THE APPLICANT
71
GN NO.50 (contd.)
I…...................… (insert name) being…….............................… (insert title/position)
hereby declare that I am authorized to make this application on behalf of the
applicant and that to the best of my knowledge the information supplied herein
is correct and that within a reasonable period of time after notice, I undertake to
provide whatever additional information EWURA may require in order to evaluate
this application.
SWORN/AFFIRMED at……………….. ….. )

by the said……………….who is identified to )
me by……………./known to me personally ) …………………………
the latter being known to me personally this ) DECLARANT
………day of ……………2018)
BEFORE ME:
__________________________
NOTE:
before a Commissioner of Oaths and submitted with the necessary supporting
documents and submitted to the EWURA Headquarter office or at Zonal Offices
________________
SIXTH SCHEDULE
________________
(Made under rule 51 and 53)
SAMPLE COLLECTION FORM
DATE: ……………………….. TIME: ……….......................
NAME OF THE SUPPLYING COMPANY/DEALER: …………………………………
RESSELLER’S OUTLET/LUBRICANTS DEALER NAME: ……………………………..
72
GN NO.50 (contd.)
PLOT NO. ……… BLOCK: ...................... STREET/VILLAGE:……
DISTRICT…………………………………… REGION:
………….……..………..
LUBRICANTS NAME (TYPE e.g. Engine oil): …………………………………………….
SAMPLE NO: …………….……………BATCH NO: ………………………………………
OPERATOR(S) (NAMES): SIGNATURE:
1. ………………………………………………… …………………………………….
2. …………………………………………………
…………………………………….
INSPECTOR(S) (NAMES): SIGNATURE:
1. ………………………………………………… …………………………………….
2. ………………………………………………… …………………………………….
REMARKS BY THE INSPECTOR (S)

…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
73
GN NO.50 (contd.)
SEVETH SCHEDULE
(Made under rule 71)
NOTIFICATION OF OFFENCE
(LUBRICANTS WHOLESALE BUSINESS/LUBRICANTS DISTRIBUTION

BUSINESS/LUBRICANTS RETAIL BUSINESS)
To.................................................................. Address................................................ ..........
1. You are charged with the following offence (s):
(a) .....................................................................................................................
(b) .......................................................................................................................
.
(c) .......................................................................................................................
.
(d) .......................................................................................................................
.
(e) .......................................................................................................................
.
(f) .......................................................................................................................
.
2. If you WISH to admit commission of the offence (s) you should complete “PART
B” below and send this notification, together with the statutory penalty for each
offence to which you admit, to the Authority within fourteen days from the date of
service of this notification.
3. If you DO NOT WISH to admit to have committed the offence (s) you are required
to complete “PART A” below and send this notification to the Director General of
the Authority together with answers, in writing, to the charges mentioned above,
within seven days from the date of service of this notification.
74
GN NO.50 (contd.)
4. Penalty for each offence mentioned above shall be as provided for under the
Petroleum Act, Cap. 392, the EWURA Act, Cap. 414 or any other laws relevant to
the conduct of the Petroleum Wholesale Business.
PART “A”- NOTIFICATION OF INTENTION TO ANSWER CHARGES
I ......................................................... of ............................................................. residential or

business address) being the (owner/director/manager/representative) of.................................
.................................................................. intend to respond to the Authority/ Court of Law

on the charge (s)
Nos........................................................................set out in Paragraph 1 of this Notification.
Signature: ...............................................Date: .......................................................
PART “B”- ADMISSION OF OFFENCE
I ........................................................... of .......................................................... residential
or business address) being the (owner/director/manager/representative)
of......................................................................................................... plead guilty to the
charge (s) Nos............................................................................set out in Paragraph 1 of this

Notification and
I undertake to pay the requisite fine of TZS............................................ within a period of
fourteen days from the date hereof.
Signature: ...............................................
Date: ....................................................
FACILITY/VEHICLE/VESSEL DETAILS ISSUED BY
Motor Vehicle Reg. No............................... Name: ...................................
PLWL/PLRL/ No. ..................................... Designation: ..........................
75
GN NO.50 (contd.)
Vessel Registration No. ............................. Date: ....................................

.
Signature of the person issued with the notification Signature of the Inspector
........................................................... ..............................................
Dodoma NZINYANGWA E. MCHANY

13th January, 2019 Director General
76

The PEetroleumLubrucants Operations Rules 2019 GN. 50

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Petroleum (Lubricants Operations)

THE PETROLEUM ACT

THE PETROLEUM (LUBRICANTS OPERATIONS) RULES, 2020

4. Application for construction approval.

10. Obligation to obtain a licence.

17. Licence application to be accompanied by an integrity pledge, tax

26. General obligations of wholesaler.

35. Compliance with environmental laws and standards.

37. Compliance with specifications and standards.

50. Sampling in accordance with the act and the rules.

Sub Part III

59. Procedure on inspection of licenced facility, lubricant shop or

61. Procedure for impounding a transport unit.

64. Penalties for non-conforming products.

68. Disposal of non- conforming products.

70. Inspection of facility.

GOVERNMENT NOTICE No. 50 Published on 31/1/2020

THE PETROLEUM ACT

THE PETROLEUM (LUBRICANTS OPERATIONS) RULES, 2020

(Made under section 259(1))

Citation 1. These Rules may be cited as the Petroleum

Application 2. These Rules shall regulate the wholesale, blending,

Interpretation 3. In these Rules, unless the context otherwise requires:

(a) endangers the safety or health of a person, or the

“dealership agreement” means the contractual arrangement that

“LOB” its an acronym of Lubricants Oil Blender;

Application for 4.– (1) A person shall not construct a lubricants’

Application to 5. An application for a construction approval under rule

Grant of 6. - (1) The Authority shall, upon receipt of an

Duration of 7.-(1) A construction approval issued by the Authority

Notice of 8. A holder of a construction approval shall issue to the

Obligation to 10.-(1) Aperson not shall conduct a licensed activity

Power to enter 11. Notwithstanding the penalty prescribed under rule

Licensing 12.-(1) A person shall not be issued with a lubricants

Licensing 13. A person shall not be issued with a lubricants

licensing 14.A person shall not be issued with a lubricants

Conditional 15. Notwithstanding the generality of rule 12, 13 and

Licence 16. An applicant for a licence shall apply to the

Application to be 17. An application for a licence under rule 16 shall be

Publication of 18.-(1) A licence application received by the Authority

Grant of licence 19. -(1) The Authority shall, upon consideration of an

Duration of 20. (1) The term of a licence shall be:

Application for 21.- (1) No licence shall be assigned or transferred to

Change in 23.-(1) A change of ownership where a third party

Application for 24.–(1) A licensee who wishes to renew a licence shall,

Suspension or 25. – (1) A licence may be suspended or revoked by the

General 26. A Wholesaler shall:

General 27. A distributor shall:

General 28. A LOB shall:

(i) if it is unable to conduct its licensed

General 29. A retailer shall:

(i) applicable law;

Protection of 30. -(1) A wholesaler, a LOB, a distributor and a

Compensation 31.-(1) A supplier shall compensate any person who

Insurance 32. A supplier shall ensure that it procures and

Maintenance 33. - (1) Every wholesaler, LOB or distributor shall at

Confidential 34.-(1) Any information received by the Authority from

Compliance 35. -(1) Every supplier shall comply with the

Consequences 36. The Authority shall, in the event it determines that

Compliance 37.– (1) A supplier shall comply with approved