Liquefied Petroleum Gas Market (Amendment) Regulations,

L.N. 37 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Liquefied Petroleum Gas Market (Amendment) Regulations,

IN exercise of the powers conferred by sub-article (1) of

article 28 of the Malta Resources Authority Act, the Minister for

Resources and Rural Affairs, after consultation with the Malta

Resources Authority have made the following regulations

The title of these regulations is the Liquefied Petroleum

Gas Market (Amendment) Regulations, 2010, and they shall

be read and construed as one with the Liquefied Petroleum Gas

Market Regulations, 2008 hereinafter referred to as “the principal

regulations”.

Regulation 8(2)

Authorisation fee payable in respect of an

Authorisation to carry out the activity of retail of portable

cylinders filled with LPG, including retail from a fixed point of

sale

The applicable authorisation fee for carrying out the activity

of retail of portable cylinders filled with LPG, including retail from

a fixed point of sale is of €50 per annum;

Authorisation to operate a fixed piped network

The applicable authorisation fee for operating a fixed piped

network is of €500 per annum;

Authorisation to operate a secondary storage facility of

LPG

The applicable authorisation fee for operating a secondary

storage facility of LPG is of €50 per annum;

Authorisation to carry out the activity of a bulk LPG

distributor

The applicable authorisation fee for an authorisation for

carrying out the activity of a bulk LPG distributor is of €500 per

annum and €50 per bulk LPG distributor vehicle;

Authorisation to operate an autogas retail station.

The applicable authorisation fee for an authorisation for

operating an autogas retail station is of €500 per annum and €50

per nozzle.

The above mentioned fee of €500 per annum for operating

an autogas retail station shall not be due by the holders of an

authorisation to operate a petroleum filling station.”.

€0.75

Immediately after sub-regulation (3) of regulation 1 of

the principal regulations, there shall be added the following new

sub-regulation

“(4) These regulations are being made for the safeguarding

of the public interest and public safety. Any requirements contained

therein including those relating to authorisations and to services are

made for overriding reasons relating to public interest.”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) in the definition “authorised provider”, for the

word “regulations;” there shall be substituted the words

“regulations, or a service provider who is authorised to

operate under any law in force in a Member State of the

European Union or a state which is a participant to the

European Economic Area:”, and immediately thereafter there

shall be added the following proviso

“Provided that whenever the Authority is required

to exercise its functions under these regulations in

relation to offshore storage facilities, the Authority shall

act in collaboration with the authority responsible for

maritime matters;”;

(b) in the definition “authorisation”, immediately after

the words “these regulations” there shall be added the words

“, and in relation to services and service providers means a

permit, licence, warrant, appointment, concession or any

formal decision concerning access to a service activity or the

exercise thereof”;

(c) immediately after the definition “competent person”

there shall be added the following new definition

“ “establishment” means the actual pursuit of an

economic activity by a service provider for an indefinite

period and through stable infrastructure from where the

business of providing services is actually carried out;”;

(d) immediately after the definition “material alterations”

there shall be added the following new definition

“ “Member State” means a member state of the

European Union;”;

(e) immediately after the definition “the Minister”, there

shall be added the following new definition

“ “overriding reasons relating to public interest”

means reasons recognised as such in case law of the

European Courts of Justice and which reasons present a

justification for the issue of an authorisation and, or the

issue of a condition thereto and, or to any other policy

decision taken in terms of such authorisation, when such

authorisation, and, or condition and, or policy decision

thereto could not have been issued or taken under

normal circumstances but for such overriding reasons

relating to public interest which include any of the

following grounds

(a) public policy, public security, public safety

and public health, provided that, these grounds shall be

interpreted within the meaning of Article 46 and Article

55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d)

the protection of recipients of services;

(e)

consumer protection;

(f)

the prevention of fraud,

(g)

the prevention of unfair competition; and

(h)

the protection of the environment;”;

(f) immediately after the definition “portable cylinders”

or “cylinders”, there shall be added the following new

definition

“ “recipient” means any natural person who

is a national of a Member State, who benefits from

rights conferred upon him by community acts or any

legal person established in a Member State, who for

professional or non-professional purposes, uses or wishes

to use a service against non-economic considerations;”;

(g) immediately after the definition “second storage facility

of LPG” there shall be added the following new definition

“ “service” means any self-employed activity

performed for economic considerations;”;

(h) immediately after the definition “service” there shall

be added the following new definition

“ “service provider” means any natural person who

is a national of a Member State, or any legal person

established in a Member State, who offers or provides a

service;”; and

(i) immediately after the definition “service provider”

there shall be added the following new definition

“ “the Treaty” means the Treaty establishing the European

Community.”.

In the proviso to regulation 5, for the words “regulation

3” there shall be substituted by the words “regulation 4”.

Regulation 6 of the principal regulations shall be

amended as follows

(a) in subregulation (1) thereof, for the words “No

person shall, unless he has been granted a valid authorisation

in accordance with these or other regulations, carry out any

of the following operations and, or activities:”, there shall be

substituted the words “The following operations and activities

shall require an authorisation:”; and

(b) in sub-regulation (3) thereof, for the words “but of

not more than XXXX”, there shall be substituted the words

“but of not more than eight”.

Regulation 10 of the principal regulations shall be

amended as follows:-

(a) in sub-regulation (1) thereof, the words “The

Authority shall adopt fair, objective, transparent and

non-discriminatory criteria relating to the granting of an

authorisation in terms of the principles of natural justice.”

shall be deleted.

(b) in the proviso to paragraph (j) of sub-regulation

(2) thereof, for the words “and non-discriminatory manner.”

there shall be substituted the words “and non-discriminatory

manner:”, and immediately thereafter, there shall be added the

following new proviso

“Provided further that in case of failure by the

Authority to inform the applicant regarding any decision

taken concerning access to a service activity or the

exercise thereof, including refusal or withdrawal of an

authorisation, shall not mean in any manner whatsoever,

that the Authority has tacitly granted such authorisation

and that the applicant has automatically been granted

access to a service activity or the exercise thereof.”.

Regulation 11 of the principal regulations shall be

renumbered as sub-regulation (1) thereof and immediately

after sub-regulation (1) as renumbered, there shall be added the

following new sub-regulation

“(2) The authorised provider shall inform the Authority

of any changes relating to his service activity which result in

the conditions for his authorisation no longer being met and

the creation of subsidiaries whose activities fall within the

scope of the authorisation and, or the authorisation scheme.”.

In sub-regulation (1) of regulation 12 of the principal

regulations for the words “transparent and non-discriminatory.”

there shall be substituted the words “transparent and non-

discriminatory:”, and immediately thereafter there shall be added

the following proviso

“Provided that, any condition for the granting of an

authorisation for a new establishment shall not duplicate

requirements and controls which are equivalent or essentially

comparable as regards their purpose to which the service

provider is already subject in another Member State or in

Malta.”.

Immediately after regulation 29 of the principal

regulations, there shall be added the following new regulation

“30. Notwithstanding any other law, proceedings

Commencement

of proceedings.

for an offence against these regulations may be

commenced at any time within six years from the

commission of the offence.”.

The First Schedule and the Second Schedule to the

principal regulations shall be substituted by the following new

Schedules

“FIRST SCHEDULE

Regulation 7(5)

Authorisation application fee payable in respect of an

application for an

Authorisation to carry out the activity of retail of portable

cylinders filled with LPG, including retail from a fixed point of

sale

The applicable fee for applying for an authorisation for

carrying out the activity of retail of portable cylinders filled with

LPG, including retail from a fixed point of sale is of €50;

Authorisation to operate a fixed piped network

The applicable fee for applying for an authorisation for

operating a fixed piped network is of €500;

B

Authorisation to operate a secondary storage facility of

LPG

The applicable fee for applying for an authorisation for

operating a secondary storage facility of LPG is of €50;

Authorisation to carry out the activity of a bulk LPG

distributor

The applicable fee for applying for an authorisation for

carrying out the activity of a bulk LPG distributor is of €500;

Authorisation to operate an autogas retail station.

The applicable fee for applying for an authorisation for

operating an autogas retail station is of €500.

Minkejja kull liġi oħra, proċeduri għal reat

“Bidu ta’

proċeduri

kontra dawn ir-regolamenti jistgħu ikunu mibdija f’kull

waqt fi żmien sitt snin minn meta jkun sar ir-reat.”.

10. L-Ewwel Skeda u t-Tieni Skeda li jinsabu mar-

regolamenti prinċipali għandhom jinbidlu bl-Iskedi ġodda li ġejjin

“L-EWWEL SKEDA

Regolament 7(5)

Dritt għall-applikazzjoni għal awtorizzazzjoni li jrid

jitħallas fir-rigward ta’ applikazzjoni għal

Awtorizzazzjoni biex tiġi mwettqa l-attività ta’ bejgħ bl-

imnut ta’ ċilindri li jinġarru mimlijin bil-GPL, inkluż il-bejgħ

bl-imnut minn post fiss ta’ bejgħ

Id-dritt li japplika għal applikazzjoni għal awtorizzazzjoni

biex tiġi mwettqa l-attività ta’ bejgħ bl-imnut ta’ ċilindri li jinġarru

mimlijin bil-GPL, inkluż il-bejgħ minn post fiss ta’ bejgħ hu ta’ €50;

Awtorizzazzjoni għall-operazzjoni ta’ network fissa ta’

pajpijiet

Id-dritt li japplika għal applikazzjoni għal awtorizzazzjoni

għall-operazzjoni ta’ network fissa ta’ pajpijiet hu ta’ €500;

Awtorizzazzjoni għall-operazzjoni ta’ faċilità sekondarja

tal-ħżin tal-GPL

Id-dritt li japplika għal applikazzjoni għal awtorizzazzjoni

għall-operazzjoni ta’ faċilità sekondarja tal-ħżin tal-GPL hu ta’ €50;

Awtorizzazzjoni biex tiġi mwettqa l-attività ta’ distributur

tal-GPL f’ammonti kbar

Id-dritt li japplika għal applikazzjoni għal awtorizzazzjoni

biex tiġi mwettqa l- attività ta’ distributur tal-GPL f’ammonti kbar

hu ta’ €500;

Awtorizzazzjoni għall-operazzjoni ta’ pompa ta’ autogas li

jinbiegħ bl-imnut

Id-dritt li japplika għal applikazzjoni għal awtorizzazzjoni

għall-operazzjoni ta’ pompa ta’ autogas li jinbiegħ bl-imnut hu ta’

€500.