Home | Databases | WorldLII | Search | Feedback Maltese Laws

Malta Resources Authority Act (Cap. 423) Liquefied Petroleum Gas Market (Amendment) Regulations, 2010 (L.N. 37 Of 2010 )

MALTA RESOURCES AUTHORITY ACT (CAP. 423)Liquefied Petroleum Gas Market (Amendment) Regulations,2010

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:

Title.

L.N. 249 of 2008

.

Amends regulation

1 of the principal regulations.

Amends regulation

2 of the principal regulations.

1. 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”.

2. 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.”.

3. 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;
B 315
B 316 VERŻJONI ELETTRONIKA
(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.”.

Amends regulation

5 of the principal regulations.

Amends regulation

6 of the principal regulations.

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

5. 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”.

6. 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.”.

7. 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.”.

B 317

Amends regulation

10 of the principal regulations.

Amends regulation 11 of the principal regulations.

B 318 VERŻJONI ELETTRONIKA

Amends regulation

12 of the principal regulations.

Adds new regulation

30 to the principal regulations.

8. 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.”.

9. Immediately after regulation 29 of the principal regulations, there shall be added the following new regulation:

Commencement of proceedings.

“30. Notwithstanding any other law, proceedings
for an offence against these regulations may be
commenced at any time within six years from the commission of the offence.”.

Substitutes the First and Second Schedule to the principal regulations.

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;

The applicable fee for applying for an authorisation for operating a fixed piped network is of €500;

B 319

The applicable fee for applying for an authorisation for
operating a secondary storage facility of LPG is of €50;

The applicable fee for applying for an authorisation for carrying out the activity of a bulk LPG distributor is of €500;

The applicable fee for applying for an authorisation for operating an autogas retail station is of €500.
B 320 VERŻJONI ELETTRONIKA

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;

The applicable authorisation fee for operating a fixed piped network is of €500 per annum;

The applicable authorisation fee for operating a secondary
storage facility of LPG is of €50 per annum;

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;

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.”.