Authorisation to Bottle LPG into Portable Cylinders

The Regulator for Energy and Water Services issues authorisations to persons to bottle LPG into portable cylinders  in accordance with the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17
“Bottling of LPG” is defined as the putting of LPG into transportable containers suitable for use with LPG and which conform to the Transportable Pressure Equipment Regulations.

Any person (including any legal person) that intends to:

• bottle LPG into portable cylinders;
• renew the authorisation to bottle LPG into portable cylinders;
• transfer the authorisation to bottle LPG into portable cylinders;

is required to apply in writing to the Regulator for Energy and Water Services and be in possession of an authorisation issued by the Regulator under these regulations prior to providing and offering such a service, and operating such a system, and carrying out the service activity and the exercise thereof.

Prospective applicants are invited to refer to the Specimen Authorisation For Bottling of LPG  and General Authorisation Conditions to have a clear idea of the authorisations issued by the REWS.

Application for an Authorisation to Operate, Renew or Transfer an authorisation to bottle LPG into portable cylinders:

Bottling of LPG e-Form.

Bottling of LPG Form (English Version)  REWS/092/v7-03-02/20

Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17

Note:  Applicants are advised to engage a competent person in priomary storages of LPG to assist them in completing  the application form.

• Details of Identity card or passport number of the applicant
• In the case of a legal entity, details / numbers of the identity card/s or passport of the legal representative/s;
• Handwritten signature of the applicant or in the case of legal entity, handwritten signature/s of the legal representative/s of such entity.

In addition, in the case of applications for the transfer of an Authorisation the abovementioned details have also to be submitted with respect to the current authorised provider.

For all applications:

• Copy of the identity card or passport of the applicant or in the case of a legal entity, copies of the identity card/s or passport of the legal representative/s of such entity.
• An original copy of a Police conduct certificate dated not older than three (3) months from date of the application. In case of companies, the legal representatives’ police conduct certificates are required to be submitted.
• A Business Plan with a three (3) year projection of the proposed operations including financial projections.

At the design stage (in the case of a new LPG filling plant):

• A Technical Proposal compiled by the Competent Person indicating the proposed design details of the filling plant and the proposed operations to be carried out.

After a preliminary clearance issued by the Regulator and upon completion of the new LPG filling plant:

• A Compliance Certificate issued by the Planning Authority for the LPG filling plant;
• A copy of ERA Environmental Permit / Integrated Pollution and Prevention Control (IPPC) Permit covering the Installation;
• A Commissioning Report compiled by the Competent Person;
• A copy of the Insurance Schedule and its respective Insurance Policy details indicating the liability coverage to third parties against bodily injury and property damage caused by the operations carried out in the LPG filling plant.

The applicable fees are as follows:

• A non-refundable application fee for carrying out the activity of bottling of LPG is €233 (two hundred thirty-three Euros);
• An annual authorisation fee of €2,329.

Regulation 34 of the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations establishes that any person who carries out an offence against these regulations shall, on conviction, be liable to imprisonment for not more than eighteen months, or to a fine (multa) of not more than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (€69,881.20), or to one thousand and three hundred and ninety-seven euro and sixty-two cents (€1,397.62) for each day during which the offence persists, or to both such fine and imprisonment.

In addition, 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.

In the case of application for an authorisation to bottle LPG in portable cylinders, Regulation 9 of the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations establishes that the Regulator shall communicate to the applicant in writing within a reasonable time, which shall not be of more than three (3) months from the date of receipt of a valid application.
In the case of application for renewal, Regulation 10 establishes that an application for the renewal of an authorisation shall have to be submitted in writing to the Regulator six (6) months prior to the date on which the authorisation expires.

The Petroleum for the Inland (Wholesale) Fuel Market, Bottling of LPG and Primary Storage Facilities Regulations further establish that in case of failure by the Regulator 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 Regulator has tacitly granted such authorisation and that the applicant has automatically been granted access to a service activity or the exercise thereof.

Any decision taken by the Regulator, including refusal of an application for or withdrawal of an authorisation or a licence, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act and the provisions of Article 14 of the Petroleum for the Inland (Wholesale) Market, Bottling of LPG and Primary Storage Facilities Regulations – S.L. 545.17.

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.