Regulations, 2011

L.N. 465 of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Liquefied Petroleum Gas Market (Amendment) (No.2)

Regulations, 2011

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, has made the following regulations:-

The title of these regulations is the Liquefied Petroleum Citation.

Gas Market (Amendment) (No.2) Regulations, 2011, and these

regulations shall be read and construed as one with the Liquefied S.L. 423.31.

Petroleum Gas Market Regulations, hereinafter referred to as "the

principal regulations".

In regulation 2 of the principal regulations, immediately Amends

after the definition "overriding reasons relating to public interest" regulation

the principal

there shall be added the following new definition

regulations.

" "owner" means any natural or legal person established

within the European Union, who lawfully holds certificates of

conformity assessment of an LPG cylinder and who originally

placed the said cylinder on the market;".

Immediately after regulation 5 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

" Return of

(1) Nothing shall prohibit an

LPG cylinders.

authorised provider who is authorised to

import and, or wholesale LPG and, or an

authorised provider who is authorised by the

Authority to retail LPG, including retail of

portable cylinders filled with LPG, from

collecting a portable cylinder from a final

customer and from returning such LPG

cylinder on behalf of such final customer, to

the authorised provider who is authorised to

import and, or wholesale LPG and who is the

owner of such portable cylinder

B

Provided that the authorised provider

who is authorised to import and, or wholesale

LPG and, or the authorised provider who is

authorised by the Authority to retail LPG,

including retail of portable cylinders filled

with LPG, shall return portable cylinders

collected from final customers at his own

expense, to the authorised provider who is

authorised by the Authority to import and, or

wholesale LPG and who is the owner of such

portable cylinder within intervals of seven

calendar days from each other

Provided further that the burden of

proving that any portable cylinders collected

from final customers have been returned to

the owner of such portable cylinder, shall lie

on the authorised provider who is authorised

to import and, or wholesale LPG and, or the

authorised provider who is authorised by the

Authority to retail LPG, including retail of

portable cylinders filled with LPG and who is

not the owner of the portable cylinder.

(2) Portable cylinders collected from a

final customer in terms of sub-regulation (1)

may not be used or handled in any manner

whatsoever, other than for the purposes of

their return to the authorised provider who is

authorised by the Authority to import and, or

wholesale LPG and who is the owner of such

portable cylinders. Prior to their return, such

portable cylinders shall be stored at a facility

and under such conditions as approved by the

Authority and in accordance with any

applicable legislation, standards and Codes of

Practice.

(3) The authorised provider who is

authorised to import and, or wholesale LPG

and, or an authorised provider who is

authorised by the Authority to retail LPG,

including retail of portable cylinders filled

with LPG, who collects portable cylinders

from a final customer in terms of sub-

regulation (1) shall inform the Authority of

such collection within seven calendar days

from the date of the collection of such

portable cylinders.

(4) An authorised provider who is

authorised by the Authority to import and, or

wholesale LPG may require a final customer

to effect a deposit as a guarantee for the

restitution of a portable cylinder delivered to

such final customer. The amount of such

deposit shall as a minimum be of ten euro

(€10) for each cylinder delivered to a final

customer. The aforementioned authorised

provider shall reimburse the final customer or

any other person acting on his behalf, for the

amount deposited upon the permanent return

for the purposes of restitution of the portable

cylinder referred to in sub-regulation (1) or

for a higher amount when such final customer

has in his possession a receipt indicating such

higher amount, including when such receipts

have been issued to final customers prior to

the entry into force of this regulation

Provided that final customers who are

not in possession of a receipt as aforesaid

shall be reimbursed by the authorised

provider who is the owner of such portable

cylinder the amount of five euro (€5) for the

permanent restitution of a portable cylinder

delivered to such final customer.

B

(5) The deposit referred to in sub-

regulation (4) may be effected by the final

customer either directly to the authorised

provider who is authorised by the Authority to

import and, or wholesale LPG or indirectly

through an authorised provider who is

authorised by the Authority to retail LPG,

including retail of portable cylinders filled

with LPG.

(6) The owner of a portable cylinder

shall, upon the payment of a deposit for a

portable cylinder by a final customer referred

to in sub-regulation (4), issue a receipt to a

final customer, which receipt shall as a

minimum contain details regarding the

ownership of the portable cylinder and the

final customer’s rights and obligations in

terms of such deposit.

(7) The

final

customer

may

permanently return the portable cylinder for

the purposes of restitution to the authorised

provider who is authorised by the Authority to

import and, or wholesale LPG and who has

delivered the portable cylinder to the final

customer through an authorised provider who

is authorised by the Authority to retail LPG,

including retail of portable cylinders filled

with LPG.

(8) Nothing in these regulations shall

impinge on the ownership rights of the

authorised provider who is authorised by the

Authority to import and, or wholesale LPG

and who is the owner of the said LPG

cylinder.

(9) Cylinders shall be indelibly marked

showing as a minimum the name of the owner

of the LPG cylinder and any other

requirement imposed under any other law.".

€0.36