Authorisation to Retail Portable LPG Cylinders from a Fixed Point of Sale
The Regulator for Energy and Water Services issues authorisations to persons to retail of portable LPG cylinders from a fixed point of sale in accordance with the Liquified Petroleum Gas Market Regulations – S.L. 545.20.
A “fixed point of sale” means a specific area designated by the Regulator, and duly approved by any other competent authority and in consultation with any relevant authority, from where a person duly authorised by the Regulator may retail portable cylinders filled with LPG.
Any person (including any legal person) that intends to:
- retail portable LPG cylinders from a fixed point of sale;
- renew authorisation to retail Portable LPG cylinders from a fixed point of sale;
- transfer authorisation to retail Portable LPG cylinders from a fixed point of sale;
is required to apply in writing to the Regulator for Energy and Water Services to possess an authorisation issued by the Regulator under these regulations to retail and distribute Portable LPG cylinders from a fixed point of sale.
Prospective applicants are invited to refer to the specimen authorisation for distribution of LPG cylinders from a fixed point of sale to have a clear idea of the authorisations issued by the REWS.
Application for an Authorisation to Operate, Renew or Transfer:
Retail of portable LPG cylinders from a Fixed Point of Sale e-Form A
Retail of portable LPG cylinders from a Fixed Point of Sale Form A (English Version) REWS/049/v13-04-06/23 (A)
Liquified Petroleum Gas Market Regulations – S.L. 545.20
Note: Applicants are advised to engage a competent person in LPG technology to assist them in completing the application form.
- Details / number of the Identity card or passport of the applicant;
- In the case of a legal entity, details / number/s 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.
- Copy of Identity card or passport of the applicant;
- In the case of a legal entity, copies of the identity card/s or passport of the legal representatives;
- A copy of the ADR Driver Training certificate;
- A copy of the certificate issued by the DGSA after inspecting the vehicle;
- Technical report drawn up by a competent person for the site where the truck/s is/are parked when not in use (and for additional storage). – Note This report has to be submitted annually during the duration of the Authorisation.
- PA permit/s for parking of the truck/s when not in use for distribution (and for additional storage).
- A business plan to include at least the following:
- Shareholding and sources of finance.
- Details of logistics for example on the storage, distribution and sale, where applicable.
- Market analysis or business strategy.
In addition, in the case of a new application to retail portable cylinders filled with LPG from a fixed point of sale, the following documents are required to be submitted in the design stage:
- Technical Proposal compiled by the Competent Person indicating the proposed design details of the Fixed Point of Sale site/s indicated. (To include drawings of site in scale 1:100 and a site plan in scale 1:2500).
In addition, in the case of a new application to retail portable cylinders filled with LPG from a fixed point of sale, and after a preliminary clearance issued by the Regulator, the following documents are required to be submitted upon completion of the fixed point of sale:
- A Planning Authority Approved Permit covering the Fixed Point of Sales sites indicated.
- A Commissioning Report by the Competent Person of the Fixed Point of Sale site/s.
- 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 storage of LPG and the associated operations of the Fixed Point of Sale site/s.
For new applicants, the applicable fees are as follows:
The applicable fees are as follows:
- A non-refundable application fee of €500 (five hundred Euros);
- An annual authorisation fee of €50.
In addition, a bank guarantee of €10,000 (ten thousand Euros) has to be submitted and retained for the duration of the Authorisation.
Regulation 28 of the Liquified Petroleum Gas Market 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 seventy thousand euro (€70,000) or to one thousand five hundred euro (€1,500) 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 fixed point of sale, Regulation 7 of the Liquified Petroleum Gas Market Regulations establishes that the Regulator is required to 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, the Regulations establish 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 Liquified Petroleum Gas Market 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 26 of the Liquified Petroleum Gas Market Regulations – S.L. 545.20.
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.
