Modular (small) filling stations are united within the National Association of Petrol Retailers to protect their interests and work out the creation of uniform rules for the placement of facilities in the event of existing contradictions in the legislation.
“Thus, the small business sector in the petroleum product market is trying to protect its legal rights and stop the obstruction of its activities by local regulatory authorities,” the association said in a press release.
According to the association, at present, the current legislation contains certain features of the legal regulation of the manufacture, certification, establishment and operation of small filling stations. In particular, small filling stations are not classified as high-risk facilities, they are not required to carry out an environmental impact assessment on the environment, they are not classified as real property.
The association said law enforcement and regulatory agencies do not take into account the peculiarities of the legal status of modular filling stations, which leads to numerous restrictions in their economic activities and relevant losses to this sector of small business.
“The members of the association emphasize that there is a contradiction in the interpretation of the provisions of the current legislation in the field of licensing of retail trade in fuel by the territorial agencies of the State Tax Service of Ukraine, which creates obstacles in the implementation of economic activities and affects the overall shadowing of the small filling station sector,” the association said.
According to the association, tax authorities unreasonably regard small filling stations as construction facilities and require from them acts of commissioning and readiness for operation of the facility.
“Such requirements of the tax authorities contribute to the monopolization of the fuel market in Ukraine and hinder its development on the basis of transparent economic competition. Therefore, the members of the association demand the creation of unified regulatory, production, construction, administrative and procedural bases for the placement of small filling stations,” the association said.
First of all, this concerns the formulation of clear explanations regarding the regulation of the activities of small filling stations and the definition of limiting list of documents required for licensing retail trade in fuel in accordance with Part 38 of Article 15 of the law on state regulation of the production and turnover of ethyl alcohol, cognac and fruit alcohol, alcoholic beverages, tobacco products and fuel.
The association draws the attention of the Verkhovna Rada Committee on Finance, Tax and Customs Policy to these problems of regulatory support in order to obtain substantiated professional explanations and recommendations. “This will make it possible to obtain uniform transparent principles for licensing retail trade in fuel for all market participants,” the association said.
