S.L. 545.20 Art. 12Powers to impose conditions of authorisation.

(1) The Regulator shall have the power to include in an authorisation issued under these regulations any such conditions as the Regulator considers requisite or suitable. Any such conditions shall be fair, objective, transparent and non-discriminatory:

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.

(2) Each of the individual authorisations described in regulation 6(1) shall have a minimum set of general conditions: Provided that special conditions may be attached to any authorisation issued under these regulations.

(3) The authorised provider shall at all times comply with these regulations and with the conditions of his authorisation.

(4) The conditions included in the authorisation may contain, but not necessarily be limited to, provisions regarding:

(a) the grant and term of the authorisation;

(b) suspension, variation and transfer conditions of the authorisation;

(c) compliance requirements to conditions, directions, management letters, standards, guidelines, codes of practice or rules given by the Regulator or as may be established at law;

(d) the obligations of the authorised provider, including but not limited to consumer service obligations and holding of minimum security stocks of LPG;

(e) the promotion of the efficient operation of the LPG market and protection of consumers in terms of the lowest possible prices combined with the highest quality of the products;

(f) monitoring and recording of the authorised operations;

(g) reporting, auditing and submission of information to the Regulator;

(h) inspection, making of copies and taking of extracts from books and records held by the authorised provider and carrying out of measurements and tests in relation to any facility, assets or plant provided these are carried out by an approved inspector;

(i) assessment and auditing of operations, activities and practices and their compliance to authorisation conditions;

(j) regulation of subsidiary companies and, or companies executing part of the regulated operations, activities and practices: Provided that the Minister may give directions in writing of a policy nature to the Regulator in relation to any of the above matters that appear to him to affect the public interest.

(5) Any person granted an authorisation under these regulations shall:

(a) comply with any direction given by the Regulator as to such matters as are specified in the authorisation or are of a description so specified;

(b) execute the regulated operations, activities and practices in accordance with such authorisation conditions;

(c) act in accordance with any requirements as are specified in the authorisation or are of a description so specified; and

(d) comply with the decisions or directions issued by the Regulator for the purposes of complying with any international obligation of Malta.