Approval to Practice as a Competent Person in:
- LPG Primary Storage
- LPG Market
- LPG Installation
- Fuel Market
- Autogas
The Regulator for Energy and Water Services approves competences in Petroleum, LPG and Autogas. Authorisations/certificates are issued in accordance with the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17, Liquid Petroleum Gas Market Regulations – S.L.545.20, Autogas (Installation and Certification) Regulations – S.L.545.26 and Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22
A “competent person in Fuel and LPG Markets” means a person who is approved by the Regulator and who:
- practices the profession of an engineer under the Engineering Profession Act; and
- who is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:
- carry out assessment inspections of authorised facilities;
- supervise material alterations to authorised facilities;
- certify in writing that authorised facilities are being maintained and operated as prescribed in any authorisation conditions and, or guidelines and, or Codes of Practice duly approved by the Regulator;
- certify in writing the design, construction, testing and commissioning of equipment and/or sites intended to be designated by the Regulator as authorised facilities;
- carry out other work of a technical nature that is complimentary or ancillary to the above;
A “competent LPG installer” means a person who is approved by the Regulator and who is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:
- construct equipment and, or sites intended to be designated by the Regulator as authorised facilities; and
- carry out material alterations to authorised facilities; and
- carry out other work of a technical nature that is complimentary or ancillary to the above;
A “competent person in Autogas” means a person approved by the Regulator possessing adequate level 4 (or higher) qualification in a related engineering subject according to the Malta Qualifications Framework; and suitable training and sufficient knowledge, experience and skill in gas technology, to carry out: work, supervision and certification related to autogas including retrofitting.
Any person wishing to be approved as competent, as defined in respective legislation, in:
- LPG Primary Storages
- LPG Market
- LPG Installation
- Fuel Market
- Autogas
is required to apply in writing to the Regulator for Energy and Water Services and be in possession of or an authorisation issued by the Regulator under such applicable regulations prior carrying out the service activity and the exercise thereof.
Prospective applicants are invited to refer to the:
- Specimen Authorisation to practice as a Competent Person in LPG Primary Storages ;
- Specimen Authorisation to practice as a Competent Person in the LPG Market;
- Specimen Authorisation to practice as a Competent Person in Autogas (Installation and Certification);
- to have a clear idea of the type of competences issued by the REWS. It is to be noted that in the case of an approval by the Regulator for an engineer to operate as a competent person in the Retail Fuel Market, a certificate and not an authorisation is issued by REWS.
Application Form for Approval as a REWS’ Approved Competent Person:
Application Form REWS/105/v6-03-05/22
Application e-Form
Application for Competent Persons – Petroleum, LPG, Autogas:
- LPG Primary Storages Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17 ;
- LPG Market Liquid Petroleum Gas Market Regulations – S.L.545.20;
- LPG Installation Liquid Petroleum Gas Market Regulations – S.L.545.20;
- Fuel Market Petroleum for the Inland (Retail) Fuel Market Regulations – S.L. 545.22;
- Autogas Autogas (Installation and Certification) Regulations – S.L.545.26.
- Details of Identity card or passport of the applicant;
- Handwritten signature of the applicant required on the application form.
For all competences:
- Copy of the identity card or passport of the applicant or the Legal Representative/s in the case of a company / Legal Organisation;
- A recent (< 3 months old) police conduct certificate of the applicant. In the case of a company/ Legal Organisation, the police conduct certificates of all the Directors and Legal Representatives;
- Copy of the certificates demonstrating the applicant’s qualification(s) / course attendance as indicated;
- Testimonials and, or copy of certification demonstrating the applicant’s practical experience as indicated;
- Documents (if any) referred to in Footnote 1 of Page 1 of the application;
- A copy of the approval to do private work outside office hours from the Permanent Secretary of the respective Ministry. (Applicable only in the case of Public Officers employed as civil servants with the Government of Malta).
For all competences except Autogas:
- A copy of the Indemnity Insurance Schedule and its respective Policy covering the applicant applying for competence under subsidiary legislation 545.17, 20 and 22.
For competence in Autogas:
- In the case of applicants applying for competence under subsidiary legislation 545.26 an insurance cover for third party damages arising from accidents related to the LPG retrofitting system.
The applicable fee for approval as a competent person is €35 (thirty-five euro).
The Regulator for Energy and Water Services Act provides that any:
- any person who carries out any such activity without a licence or who acts in breach of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one hundred and fifteen thousand euro (€115,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment;
- the Regulator may impose an administrative penalty upon any person who infringes any provision of the Act, or regulations prescribed thereunder or of any other law which the Regulator is entitled to enforce, or who fails to comply with any directive or decision given by the Regulator or who fails to comply with any condition of any authorisation granted under the Act. Such administrative penalty shall not exceed:
- one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Regulator; and, or
- in the case of an undertaking (including a vertically integrated undertaking) or a body corporate, up to 10% of the total turnover concerned in the preceding business year. Provided that in the case of an undertaking, including a vertically integrated undertaking or a body corporate, a fine of up to 10% of the annual turnover concerned in the preceding business year, which amount exceeds one hundred thousand euro (€100,000) may, in any such case be imposed.
- No specific period for completion of the procedure is established at law.
- Generally, an application for the approval as a competent person is determined by the Regulator within 30 working days
In general, the Maltese Administrative Law establishes that in the absence of a reply this is construed to be tantamount to a refusal and the applicant has a right to appeal.
Any decision taken by the Regulator, including refusal of an application for or withdrawal of an authorisation or approval, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act.
You may submit the application form together with all associated documentation and relevant payments referred to in the application form either by post or by hand to:
Regulator for Energy and Water Services,
Zentrum Business Centre, Level 1,
Mdina Road,
Qormi – QRM 9010,
Malta.
