Regulations, 2004

L.N. 394 of 2004

ECO-CONTRIBUTION ACT, 2004

(ACT NO. XII OF 2004)

Eco-Contribution Act, (Amendment of Second Schedule)

Regulations, 2004

IN exercise of the powers conferred by article 13(1)(c) of the

Eco-Contribution Act, hereinafter referred to as “the Act”, the Minister

for Rural Affairs and the Environment with the concurrence of the Prime

Minister and Minister of Finance, has made the following regulations>

Citation and

commencement.

(1) The title of these regulations is the Eco-Contribution

Act (Amendment of Second Schedule), Regulations 2004, and they shall

be read and construed as one with the Second Schedule to the Eco-

Contribution Act, which Second Schedule is hereinafter referred to in

these regulations as “the Schedule”.

(2) These regulations shall come into force on the 1 st

September, 2004.

Paragraph (2) of item 1 of the Schedule shall be substituted Amends Item

1 of the Schedule.

by the following>

“(2) Upon the coming into force of the Act, a producer

may be requested to inform the Competent Authority of his opening

stock of products as at such date as the Authority may determine>

Provided that the recognised producers of products falling

under HS Code Numbers 2201 to 2206 inclusive, and 2208 in the

First Schedule, duly recognised by the Competent Authority in

virtue of regulations made under the Act, must inform the Authority

of their opening stock as may be prescribed, as on the 4 th September,

2004, and the eco-contribution thereon must be paid at such time

as is provided in the regulations made under the Act>

Provided further that for the purposes of the above proviso

“opening stock” shall mean the quantity of products owned by the

recognised producers and physically located in the factory,

warehouse, bottling plant, or other stores utilised by the recognised

producers in the exercise of their business.”.

Item 3 of the Schedule shall be substituted by the following>

“3.

Without prejudice to the foregoing, a producer, shall be

required to>

(a) maintain, in respect of all product movements, accurate

accounts and records including>

(i) the date of the product movements<

(ii) a description of the products<

(iii) the quantity of the products involved in the

movements< and

(iv) the eco-contribution to be paid on such

movements<

(b) maintain, for all products for which he is or is deemed

to be a producer, accurate accounts and records of stock<

(c) comply with all requests to monitor, check and produce

for inspection any accounts, records and any stocks of products<

and

(d) ensure compliance with all the requirements of the Act

and any regulations made thereunder and with such other requests

made by the Competent Authority>

Provided that for the purposes of this item, the term “product”

shall include all products listed in the First Schedule to the Act,

irrespective of whether they are placed on the market in Malta for

the purposes of the Act.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press