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Decree Law No. 5/2018


Publication: Republic Diary No. 24/2018, Series I of 2018-02-02
  • Issuer: Economy
  • Diploma Type: Decree Law
  • Number: 5/2018
  • Pages: 820 - 823

Summary in plain english

What is it?

This decree-law defines new rules for selling, collecting and exchanging bottled Liquefied Petroleum Gas (LPG) (Gás de Petróleo Liquefeito), also known as gas bottles.

What will change?

Rules will be defined for:

  • the exchange of gas bottles
  • the mandatory sale of gas bottles at petrol stations.
There will be new rules to guarantee the exchange of gas bottles

Criteria will be defined for collecting and exchanging used gas bottles, regardless of brand, to ensure their treatment, storage and transportation.

To achieve this, the following will be created:

  • a table showing which bottles can be exchanged for one another
  • rules on the withholding of cylinders, on non-discriminatory treatment of manufacturers, and on regulating and monitoring the activity.

1. gas bottles belong to the company that owns the brand that sells them, but consumers are entitled to recover the deposit they paid for the bottle when returning it.

2. Brands and sellers must report how much they have invoiced on gas bottles, at what prices and in what quantities. This information must be sent online to the Directorate-General for Energy and Geology (DGEG) and the Regulatory Authority for Energy Services (ERSE).

3. LPG brands and sellers must receive used gas bottles of any brand sold in Portugal in exchange for an equivalent bottle that the customer buys, provided that the bottle weighs more than 4 kg. They cannot charge a fee for the service of exchanging bottles.

4. Sellers and distributors may not retain or treat differently the gas bottles from brands they don’t sell and must adopt measures to allow the exchange of gas bottles between brands.

It will be mandatory to sell gas bottles at petrol stations

It will be mandatory to sell propane and butane gas bottles at most petrol stations.

ERSE will regulate this market

ERSE will regulate the market for fuels and other oil products with specialised monitoring.

An entity will be created to monitor compliance with these rules.

An entity with specialised expertise will be created for the energy sector, which will be responsible for monitoring compliance with the rules of this decree-law.

Until this entity is created, the National Authority for the Fuel Market will monitor, analyse processes and apply fines.

Those who do not comply with these rules may have to pay fines of:

  • 1,500 euros to 3,740 euros, if they are individuals
  • 3,500 euros to 44,890 euros, if they are companies.
What are its benefits?

This decree-law is intended to:

  • contribute to price transparency and the proper functioning of the market for fuels and other oil products, in particular LPG
  • fight against the high price of bottled gas.
When does it come into effect?

This decree-law comes into effect the day after being published.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.