Regulations, 2004

L.N. 99 of 2004

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Waste Management (End of Life Vehicles)

Regulations, 2004

IN exercise of the powers conferred by articles 9 and 11 of

the Environment Protection Act, 2001, hereinafter referred as “the

Act”, the Minister for Rural Affairs and the Environment has made

the following regulations>-

(1) The title of these regulations is the Waste Management Citation,

commencement

(End of Life Vehicles) Regulations, 2004.

and objectives.

(2) These regulations shall come into force on such date

as the Minister responsible for the environment may by notice in

the Gazette appoint and different dates may be so appointed for

different provisions and different purposes of these regulations.

(3) These regulations provide additional measures,

procedures and guidance to those in the Waste Management (Permit

and Control) Regulations, 2001, which aim, as a first priority, at the

prevention of waste from vehicles and, in addition, at the reuse,

recycling and other forms of recovery of end of life vehicles and

their components so as to reduce the disposal of waste. They also

aim to achieve the improvement in the environmental performance

of all of the economic operators involved in the life cycle of vehicles

and, especially, the operators directly involved in the treatment of

end of life vehicles.

Substances and preparations which are “dangerous”

The following substances and preparations are "dangerous" within the

meaning of these regulations

(a) explosive substances and preparations: solid, liquid, pasty or gelatinous

substances and preparations which may also react exothermically without

atmospheric oxygen thereby quickly evolving gases, and which, under defined

test conditions, detonate, quickly deflagrate or upon heating explode when

partially confined;

(b) oxidising substances and preparations: substances and preparations

which give rise to a highly exothermic reaction when in contact with other

substances, particularly flammable substances;

(c) extremely flammable substances and preparations: liquid substances and

preparations having an extremely low flash-point and a low boiling-point and

gaseous substances and preparations which are flammable in contact with air at

ambient temperature and pressure;

(d) highly flammable substances and preparations

− Substances and preparations which may become hot and finally catch

fire in contact with air at ambient temperature without any application of

energy, or

− Solid substances and preparations which may readily catch fire in

contact with a source of ignition and which continue to burn or to be

consumed after removal of the source of ignition, or

−

Liquid substances and preparations having a very low flash-point, or

− Substances and preparations which, in contact with water or damp air,

evolve highly flammable gases in dangerous quantities;

(e) flammable substances and preparations: liquid substances and

preparations having a low flash-point;

(f) very toxic substances and preparations: substances and preparation

which in very low quantities cause death or acute or chronic damage to health

when inhaled, swallowed or absorbed via the skin;

(g) toxic substances and preparations: substances and preparations which in

low quantities cause death or acute or chronic damage to health when inhaled,

swallowed or absorbed via the skin;

(h) harmful substances and preparations: substances and preparations

which may cause death or acute or chronic damage to health when inhaled,

swallowed or absorbed via the skin;

(i) corrosive substances and preparations: substances and preparations

which may, on contact with living tissues, destroy them;

(j) irritant substances and preparations: non-corrosive substances and

preparations which, through immediate, prolonged or repeated contact with the

skin or mucous membrane, can cause inflammation;

(k) sensitising substances and preparations: substances and preparations

which, if they are inhaled or if they penetrate the skin, are capable of eliciting a

reaction of hyper sensitisation such that on further exposure to the substance or

preparation, characteristic adverse effects are produced;

(l) carcinogenic substances and preparations: substances and preparations

which, if they are inhaled or ingested or if they penetrate the skin, may induce

cancer or increase its incidence;

(m) mutagenic substances and preparations: substances and preparations

which, if they are inhaled or ingested or if they penetrate the skin, may induce

heritable genetic defects or increase their incidence;

(n) substances and preparations which are toxic for reproduction

substances and preparations which, if they are inhaled or ingested or if they

penetrate the skin, may produce, or increase the incidence of, non-heritable

adverse effects in the progeny and/or an impairment of male or female

reproductive functions or capacity;

(o) substances and preparations which are dangerous for the environment

substances and preparations which, were they to enter the environment, would

present or may present an immediate or delayed danger for one or more

components of the environment.

B

(1)

In these regulations, unless the context otherwise Interpretation.

requires>

“Agreement” means an agreement to which Malta is a

party, entered into by a group of states, reciprocally granting to

citizens of such states or to their dependants, the right to enter,

remain and reside in and leave the territory of such state, to

move freely within such states for such period as may be

established in the agreement, and to work or establish, provide

or receive services therein< and “Agreement State” and “citizen

of an Agreement State” shall be construed accordingly< and

where a state is a party to such an Agreement subject to

modifications and adaptations, a citizen of an Agreement State

shall be subject to such modifications or adaptations as may be

prescribed<

“Competent Authority” means the Malta Environment and

Planning Authority and such other body or person as the

Minister responsible for the environment may by order in the

Gazette prescribe, and different bodies or persons may be

designated as the competent authority for different provisions

and different purposes of these regulations<

“dismantling information” means all information required

for the correct and environmentally sound treatment of end of

life vehicles. It shall be made available to authorised treatment

facilities by vehicle manufacturers and component producers

in the form of manuals or by means of electronic media<

“economic operators” means producers, distributors,

collectors, motor vehicle insurance companies, dismantlers,

shredders, recoverers, recyclers and other treatment operators

of end of life vehicles, including their components and materials<

“end of life vehicle” means a vehicle which is waste<

“hazardous substance” means any substance which the

Competent Authority considers to be dangerous in terms of

Schedule 1 to these regulations<

“motor tricycles” means vehicles with three symmetrically

arranged wheels fitted with an engine having a cylinder capacity

of more than 50 cm3 of the internal combustion type or a

maximum design speed of more than 45 km#h<

“permit” means a permit issued under the Waste

Management (Permit and Control) Regulations, 2001<

“prevention” means measures aiming at the reduction of

the quantity and the harmfulness for the environment of end of

life vehicles, their materials and substances<

“producer” means the vehicle manufacturer or the importer

of a vehicle<

“put on the market” means when a vehicle, materials or

components of vehicles are transferred from the manufacturing

stage with the intention of distribution on the market<

“recycling” means the reprocessing, in a production

process, of the waste materials for the original purpose or for

other purposes, but excluding energy recovery. Energy recovery

means the use of combustible waste as a means to generate

energy through direct incineration with or without other waste

but with recovery of the heat<

“reuse” means any operation by which components of end

of life vehicles are used for the same purpose for which they

were originally intended<

“shredder” means any device used for tearing into pieces

or fragmenting end of life vehicles, including for the purpose

of obtaining directly reusable metal scrap<

“special purpose vehicles” means a motor vehicle specially

constructed or adapted, equipped with various devices that

enable it to perform certain non-transport functions. This means

that the primary purpose of such a vehicle is not the transport

of persons or goods. This category of vehicles includes>

•

motor breakdown lorries,

• motor pump vehicles (for example, fire fighting

vehicles),

• lorries used for cleaning streets, gutters, and

similar activities (for example, sweepers, sprinklers and

cesspool emptiers),

• spraying lorries of all kinds, whether or not fitted

with heating equipment,

•

crane lorries, not for the transport of goods,

•

mobile drilling derricks,

• lorries fitted with stacking mechanisms, that is,

with a platform which moves on a vertical support and is

generally powered by the vehicle engine,

•

concrete mixer lorries,

•

mobile electric generator sets,

•

mobile radiological units, clinics and laboratories,

• outside broadcasting units (motor vehicles),

telegraphy, radio-telegraphy or radio-telephony

transmitting and receiving vans, radar vans,

•

searchlight lorries,

•

mobile kiosks,

• other motor vehicles not specified in these

regulations<

“three wheel motor vehicle” means three-wheel motor

vehicles, twin-wheeled or otherwise, intended to travel on

the road, but excluding>-

•

motor tricycles,

• tractors and machines used for agricultural or

similar purposes,

• vehicles designed primarily for off-road leisure use

having wheels arranged symmetrically with one wheel at

the front of the vehicle and two at the rear,

•

vehicles intended for pedestrian control,

• vehicles intended for use by the physically

handicapped,

• vehicles intended for use in competitions, on roads

or whatever the terrain might be,

• vehicles with a maximum design speed not

exceeding 6 km#h<

“treatment” means any activity after the end of life vehicle

has been handed over to a facility for depollution, dismantling,

shearing, shredding, recovery or preparation for disposal of the

shredder wastes, and any other operation carried out for the

recovery and. or disposal of the end of life vehicle and its

components<

“vehicle” means any motor vehicle used for the carriage

of passengers and comprising no more than eight seats in

addition to the driver’s seat and having a maximum weight not

exceeding five metric tonnes, vehicles used for the carriage of

goods and having a maximum weight not exceeding 3.75 metric

tonnes intended for use on the road, and three-wheel motor

vehicles, but excluding motor tricycles<

“vehicle having no market value or a negative one” means

a vehicle whose treatment costs and reutilisation of the resulting

materials equal or exceed income from the reused components

and materials recovered during treatment operations<

“vintage vehicle” means a historic vehicle or vehicle of

value to collectors or intended for museums, kept in a proper

and environmentally sound manner, either ready for use or

stripped into parts<

“waste” in addition to what is said in the principal Act

means any thing, substance, product or object, whether in solid

or liquid form, whether hazardous or otherwise, which the holder

discards, or intends, or is required to discard, or any other which

is deemed to be waste by the Competent Authority.

(2) All other terms shall have the same meaning as that

assigned to them in the Waste Management (Permit and Control)

L.N. 337 of

Regulations, 2001.

2001.

Minimum requirements for the certificate of destruction issued in

accordance with regulation 5(3)

1. Name, address, signature and registration or identification number of

the establishment or undertaking issuing the certificate;

2. Name and address of the Competent Authority responsible for the

permit (in accordance with regulation 6) for the establishment or

undertaking issuing the certificate of destruction;

3. Where the certificate is issued by a producer, dealer or collector on

behalf of an authorised treatment facility, the name and address and

registration or identification number of the establishment or

undertaking issuing the certificate;

4. Date of issue of the certificate of destruction;

5. Vehicle nationality mark and registration number (attach the

registration document or a statement by the establishment or

undertaking issuing the certificate that the registration document has

been destroyed);

6. Class of vehicle, brand and model;

7. Vehicle identification number (chassis);

8. Name, address, nationality and signature of the holder or owner of the

vehicle delivered.

(1) These regulations shall cover vehicles and end of life Scope.

vehicles, including their components and materials. Without

prejudice to regulation 5(4), this shall apply irrespectively of how

the vehicle has been serviced or repaired during use and irrespectively

of whether it is equipped with components supplied by the producer

or with other components whose fitting as spare or replacement parts

accords with the appropriate legislative provisions.

(2) These regulations shall apply without prejudice to

existing provisions, in particular with regard to safety standards, air

emissions and noise controls and the protection of soil and water.

(3) Special-purpose vehicles shall be excluded from the

provisions of regulation 7 of these regulations.

(4) For three-wheel motor vehicles and components or

separate technical units of such vehicles, only regulations 5(1), 5(2)

and 6 of these regulations shall apply.

(5) Vintage vehicles shall not fall within the scope of

these regulations<

Provided that such vintage vehicles shall fall within the scope

of these regulations in the event that the owner or holder of such a

vehicle decides or intends or is required to discard of such a vehicle.

Minimum technical requirements for treatment

in accordance with regulation 6(1)

1. Sites for storage (including temporary storage) of end of life

vehicles prior to their treatment

- impermeable surfaces for appropriate areas with the provision of

spillage collection facilities, decanters and cleanser-degreasers,

- equipment for the treatment of water, including rainwater, in

compliance with health and environmental regulations.

2. Sites for treatment

- impermeable surfaces for appropriate areas with the provision of

spillage collection facilities, decanters and cleanser-degreasers,

- appropriate storage for dismantled spare parts, including

impermeable storage for oil-contaminated spare parts,

- appropriate containers for storage of batteries (with electrolyte

neutralisation on site or elsewhere), filters and PCB/PCT-containing condensers,

- appropriate storage tanks for the segregated storage of end-of-life

vehicle fluids: fuel, motor oil, gearbox oil, transmission oil, hydraulic oil,

cooling liquids, antifreeze, brake fluids, battery acids, air-conditioning system

fluids and any other fluid contained in the end of life vehicle,

- equipment for the treatment of water, including rainwater, in

compliance with health and environmental regulations,

- appropriate storage for used tyres, including the prevention of fire

hazards and excessive stockpiling.

3. Treatment operations for depollution of end of life vehicles

-

removal of batteries and

iquefied gas tanks,

-

removal or neutralisation of potential explosive components,

(e.g. air bags),

-

removal and separate collection and storage of fuel, motor oil,

transmission oil, gearbox oil, hydraulic oil, cooling liquids,

antifreeze, brake fluids, air-conditioning system fluids and any

other fluid contained in the end-of-life vehicle, unless they are

necessary for the re-use of the parts concerned,

- removal, as far as feasible, of all components identified as

containing mercury.

4. Treatment operations in order to promote recycling

B

- removal of catalysts,

- removal of metal components containing copper, aluminium and

magnesium if these metals are not segregated in the shredding process,

- removal of tyres and large plastic components (bumpers,

dashboard, fluid containers, etc), if these materials are not segregated in the

shredding process in such a way that they can be effectively recycled as

materials,

- removal of glass.

5. Storage operations are to be carried out avoiding damage to

components containing fluids or to recoverable components and spare parts.

B

(1) In order to promote the prevention of waste, the

Competent Authority shall, wherever appropriate and practicable,

encourage>

(a) vehicle manufacturers, in liaison with material and

equipment manufacturers, to limit the use of hazardous

substances in vehicles and to reduce them as far as possible

from the very first production of the vehicle onwards, so as in

particular to prevent their release into the environment, make

recycling easier, and to avoid the need to dispose of hazardous

waste<

(b) the design and production of new vehicles which take

into full account and facilitate the dismantling, reuse and

recovery, in particular the recycling, of end of life vehicles,

their components and materials<

(c) vehicle manufacturers, in liaison with material and

equipment manufacturers, to integrate an increasing quantity

of recycled material in vehicles and other products, in order to

develop the markets for recycled materials.

(2) Materials and components of vehicles put on the

market after the date of coming into force of these regulations shall

not contain lead, mercury, cadmium or hexavalent chromium other

than in cases listed in Schedule 4 to these regulations under the

conditions specified therein.

Materials and components exempt from regulation 4

Materials and

Scope and expiry date

To be labelled or made

components

of the exemption

identifiable in

accordance with

regulation 4(2)

Lead as an alloying element

1. Steel for machining

purposes and galvanized

steel containing up to

0.35% lead by weight

1 July 2005 (1)

2. a) Aluminium for

machining purposes with

a lead content up to 2%

by weight

b) Aluminium for

machining purposes with

a lead content up to 1%

1 July 2008 (2)

by weight

3. Copper alloy

containing up to 4% lead

by weight

4. Lead-bronze bearing

shells and bushes

Lead and lead compounds in components

5. Batteries

X

6. Vibration dampers

X

7. Wheel balance weights Vehicles type-approved

X

before 1 July 2003 and

wheel balance weights

intended for servicing of

these vehicles: 1 July

2005 (3)

B

Materials and

Scope and expiry date

To be labelled or made

components

of the exemption

identifiable in

accordance with

regulation 4(2)

1 July 2005 (4)

8. Vulcanising agents

and stabilizers for

elastomers in fluid

handling and powertrain

applications

9. Stabiliser in protective

1 July 2005

paints

10. Carbon brushes for

Vehicles type-approved

electric motors

before 1 July 2003 and

carbon brushes for

electric motors intended

for servicing of these

vehicles: 1 January 2005

X (5)

11. Solder in electronic

circuit boards and other

electric applications

12. Copper in brake

Vehicles type-approved

X

linings containing more

before 1 July 2003 and

than 0.5% lead by weight

servicing on these

vehicles: 1 July 2004

13. valve seats

Engine types developed

before 1 July 2003: 1

July 2006

X (6) (for components

14. Electrical

components which

other than piezo in

contain lead in a glass or

engines)

ceramic matrix

compound except glass

in bulbs and glaze of

spark plugs

15. Glass in bulbs and

1 January 2005

glaze of spark plugs

16. Pyrotechnic initiators

1 July 2007

Materials and

Scope and expiry date

To be labelled or made

components

of the exemption

identifiable in

accordance with

regulation 4(2)

Hexavalent chromium

(1) The Competent Authority shall take necessary

measures to ensure>

(a) that economic operators shall use existing collection

systems or set up systems for the collection of all end of life

vehicles and, as far as technically feasible, of any waste used

parts which are removed when vehicles are repaired< and

(b)

the adequate availability of collection facilities.

(2) Holders of all end of life vehicles shall transfer these

vehicles to authorised treatment facilities.

(3) (a) Whenever an end of life vehicle is transferred

to an authorised treatment facility, the holder and. or owner of the

vehicle shall be presented with a certificate of destruction issued by

the operator of the facility. The deregistration of the end of life

vehicle shall be conditional to the presentation of this certificate.

(b) The issue of the certificate of destruction by the

operator of a treatment facility does not entitle him to claim any

financial reimbursement, except in cases where this has been

explicitly arranged by the Competent Authority.

(c) The certificate of destruction shall at least

contain the information listed in Schedule 2 to these regulations.

(4) The delivery of the vehicle to an authorised treatment

facility in accordance with sub-regulation (3) shall occur without

any cost for either the last holder or the owner as a result of the

vehicle having no market value or a negative one as follows>-

(a) as from the date of entry into force of these

regulations, for vehicles put on the market as from 1st July,

2002<

(b) as from the 1st January, 2007, for vehicles put on the

market before the 1st July, 2002>

Provided that producers shall meet all, or a significant part of,

the costs of the implementation of this measure and, or take back of

end of life vehicles under the same conditions as referred to in this

sub-regulation>

Provided further that the Competent Authority may decide that

the delivery of end of life vehicles is not fully free of charge if the

end of life vehicle does not contain the essential components of a

vehicle, in particular the engine, the coachwork, the catalytic

converter, the gearbox and the wheels, or contains waste which has

been added to the end of life vehicle.

(5) Certificates of destruction issued in other Agreement

States in accordance with sub-regulation (3) hereof shall be

recognised for purposes of deregistration.

Component and material coding standards

in accordance with regulation 8(1)

For the labelling and identification of vehicle plastic components and materials

having a weight of more than 100 grams, the following nomenclature shall

apply

— ISO 1043-1:2001 Plastics — Symbols and abbreviated terms. Part 1

Basic polymers and their special characteristics.

— ISO 1043-2:2000 Plastics — Symbols and abbreviated terms. Part 2

Fillers and reinforcing materials.

— ISO 11469:2000 Plastics — Generic identification and marking of

plastic products.

For the labelling and identification of vehicle elastomer components and

materials having a weight of more than 200 grams, the following nomenclature

shall apply

— ISO 1629:1995 Rubbers and latices — Nomenclature. This shall not

apply to the labelling of tyres.

The symbols ‘<’ or ‘>’ used in the ISO standards, can be substituted by brackets.

The Competent Authority shall take necessary measures to

ensure that>-

(1) All end of life vehicles shall be stored, even if only

temporarily, and treated in accordance with the provisions of the

Waste Management (Permit and Control) Regulations 2001, and in

compliance with the minimum technical requirements set out in

Schedule 3 to these regulations, without prejudice to any other

relevant regulations on health and environment.

(2) Any establishment or undertaking carrying out

treatment operations shall hold a valid permit from the Competent

Authority.

(3) Any establishment or undertaking carrying out

treatment operations shall fulfil at least the following obligations in

accordance with Schedule 3 to these regulations>

(a) end of life vehicles shall be stripped before further

treatment or other equivalent arrangements are made in order

to reduce any adverse impact on the environment. Components

or materials labelled or otherwise made identifiable in

accordance with regulation 4(2) shall be stripped before further

treatment<

(b) hazardous materials and components shall be

removed and segregated in a selective way so as not to

contaminate subsequent shredder waste from end of life

vehicles<

(c) stripping operations and storage shall be carried out

in such a way as to ensure the suitability of vehicle components

for reuse and recovery, and in particular for recycling>

Provided that treatment operations for depollution of end of

life vehicles as referred to in Schedule 3 shall be carried out as soon

as possible.

(4) The permit referred to in paragraph (2) hereof shall

include all conditions necessary for compliance with the requirements

of paragraphs (1), (2) and (3) hereof.

(5) Establishments or undertakings which carry out

treatment operations shall, as far as practicable, introduce certified

environmental management systems.

(1) Economic operators shall, as far as practicable and Reuse and

recovery.

without prejudice to requirements regarding the safety of vehicles

and environmental requirements such as air emissions and noise

control, reuse components which are suitable for reuse, recover

components which cannot be reused and give preference to recycling

when this is environmentally viable.

(2) The Competent Authority shall take necessary

measures to ensure that the following targets shall be attained by

economic operators>

(a) no later than the 1st January, 2006, for all end of

life vehicles, the reuse and recovery shall be increased to a

minimum of 85% by an average weight per vehicle and year.

Within the same time limit the reuse and recycling shall be

increased to a minimum of 80% by an average weight per vehicle

and year< for vehicles produced before the 1st January, 1980,

the Competent Authority may lay down lower targets, but not

lower than 75 % for reuse and recovery and not lower than 70

% for reuse and recycling< and

(b) no later than the 1st January, 2015, for all end of

life vehicles, the reuse and recovery shall be increased to a

minimum of 95% by an average weight per vehicle and year.

Within the same time limit, the re-use and recycling shall be

increased to a minimum of 85 % by an average weight per

vehicle and year.

The Competent Authority shall take necessary measures to Coding standards

dismantling

ensure that>

information.

(1) Producers, in concert with material and equipment

manufacturers, shall use the nomenclature of ISO component and

material coding standards referred to in Schedule 5 for the labelling

and identification of components and materials of vehicles, in

particular to facilitate the identification of those components and

materials which are suitable for reuse and recovery.

(2) Producers shall provide dismantling information for

each type of new vehicle put on the market within six months after

the vehicle is put on the market. This information shall identify, as

far as it is needed by treatment facilities in order to comply with the

provisions of these regulations, the different vehicle components

and materials, and the location of all hazardous substances in the

vehicles, in particular with a view to the achievement of the

objectives laid down in regulation 7 of these regulations.

(3) Without prejudice to commercial and industrial

confidentiality, manufacturers of components used in vehicles shall

make available to authorised treatment facilities, as far as it is

requested by these facilities, appropriate information concerning

dismantling, storage and testing of components which can be reused.

The relevant economic operators shall publish information

on>

(a) the design of vehicles and their components with a

view to their recoverability and recyclability,

(b) the environmentally sound treatment of end of life

vehicles, in particular the removal of all fluids and dismantling,

(c) the development and optimisation of ways to reuse,

recycle and recover end of life vehicles and their components,

(d) the progress achieved with regard to recovery and

recycling to reduce the waste to be disposed of and to increase

the recovery and recycling rates>

Provided that this information shall be made accessible to the

prospective buyers of vehicles. It shall be included in promotional

literature used in the marketing of the new vehicle.

For the purposes of achieving the objectives, and satisfying

the provisions of these regulations, economic operators may be

parties to agreements with the Competent Authority. Such

agreements shall specify the detailed rules of implementation of these

regulations. Moreover>

(a)

these agreements shall be enforceable at law<

(b) they shall specify the objectives with the

corresponding deadlines<

(c)

they shall be published in the Gazette<

(d) the results achieved under an agreement shall be

monitored regularly, reported to the competent authorities and

made available to the public under the conditions set out in the

agreement<

(e) the competent authorities shall make provisions to

examine the progress reached under an agreement.

The Competent Authority may exempt an economic Participation in an

end of life vehicle

operator from all or part of these regulations provided the economic collection and

operator provides evidence to the Competent Authority of treatment scheme.

participating in an authorised end of life vehicle collection and

treatment scheme.

(1) If an economic operator chooses to make use of an Signed agreement

existing authorised end of life vehicle collection and treatment with

an end of life

scheme, he shall be required to submit to the Competent Authority a vehicle collection

and treatment

signed agreement with the operator of the authorised end of life scheme.

vehicle collection and treatment scheme to prove that the scheme

complies with the provisions of these regulations.

(2) The operator of the end of life vehicle collection and

treatment scheme referred to in subregulation (1) of this regulation

shall >

(i) bind himself to carry out the activities agreed to and

on behalf of the economic operator in accordance with any

existing laws and regulations,

(ii) provide the Competent Authority with the

information referred to in regulation 9 as it applies mutatis

mutandis to the economic operator, and

(3) The Competent Authority may specify the format in

which such information is to be made available.

(4) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

L.N. 217 of 2001.

on the Environment Regulations, 2001.

(1) Persons who intend to operate an end of life vehicle Permit required by

an operator of an

collection and treatment scheme as required under these regulations end of life vehicle

shall require and obtain a valid permit from the Competent Authority collection

treatment scheme.

in terms of the Waste Management (Permit and Control) Regulations,

2001. (2) Without prejudice to the Waste Management (Permit Application for

permit to operate

and Control) Regulations, 2001, in applying for such a permit, any an end of life

such person shall provide the Competent Authority with the vehicle collection

and treatment

following information as applicable>

scheme.

(a)

a copy of the memorandum and articles of association<

(b) a copy of a valid development permit issued under

the Development Planning Act<

(c) a description of the proposed system which will

provide for the treatment of the end of life vehicle In accordance

with the provisions of these regulations<

(d)

a financial plan in relation to the proposed scheme<

(e) the volume of end of life vehicles so treated or

projected to be treated<

(f) proposals for the certification of economic operators

who will make use of this scheme<

(g) proposals of how the information required under the

provisions of these regulations will be compiled and made

available to the Competent Authority<

(h) any other relevant information requested by the

Competent Authority.

(3) The Competent Authority may specify the format in

which such information is to be made available.

(4) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001.

Any person shall be guilty of an offence under these

regulations if>

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions or with

any order lawfully given in terms of any provision of these

regulations< or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations< or

(c) he acts in contravention of any of the provisions of

these regulations< or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions, including any

order lawfully given in terms of any of the provision of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable>

(a) on a first conviction to a fine (multa) of not less than

five hundred Maltese liri (Lm500) but not exceeding one

thousand Maltese liri (Lm1,000)<

(b) on a second or subsequent convictions, to a fine

(multa) of not less than one thousand Maltese liri (Lm1,000),

but not exceeding two thousand Maltese liri (Lm2,000) or to

imprisonment for a term not exceeding two years, or to both

such fine and imprisonment>

Provided that the court may order any person who has been

found guilty of committing an offence against these regulations to

pay for the expenses incurred by the Competent Authority as a result

of the said offence, the revocation of the permit issued by the

Competent Authority mentioned in these regulations and the

confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30 of the Criminal Applicability of

Code shall, mutatis mutandis, apply to proceedings in respect of Cap. 9.

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court

of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

B

Corrosion preventive

1 July 2007

coatings

Absorption

X

refrigerators in

motorcaravans

Mercury

Discharge lamps and

X

instrument panel displays

Cadmium

Thick film pastes

1 July 2006

Batteries for

After 31 December

X

electrical vehicles

2005, the placing on the

market of NiCd batteries

shall only be allowed as

replacement parts for

vehicles put on the

market before this date.

(1) By 1 January 2005 the Competent Authority shall assess whether the phase-out

time scheduled for this entry has to be reviewed in relation to the availability of

substitutes for lead, taking into account the objectives of regulation 5(2).

(2) See footnote 1.

(3) By 1 January 2005, the Competent Authority shall assess this exemption in

relation to road safety aspects.

(4) See footnote 1.

(5) Dismantling if, in correlation with entry 14, an average threshold of 60 grams

per vehicle is exceeded. For the application of this clause, electronic devices

not installed by the manufacturer on the production line shall not be taken into

account.

(6) Dismantling if, in correlation with entry 11, an average threshold of 60 grams

per vehicle is exceeded. For the application of this clause, electronic devices

not installed by the manufacturer on the production line shall not be taken into

account.

a maximum concentration value up to 0.1% by weight and per

homogeneous material, for lead, hexavalent chromium and mercury

and up to 0.01% by weight per homogeneous material for cadmium

shall be tolerated, provided these substances are not intentionally

introduced 1 ,

a maximum concentration value up to 0.4% by weight of lead in

aluminium shall also be tolerated provided it is not intentionally

introduced 2 ,

a maximum concentration value up to 0.4% by weight of lead in

copper intended for friction materials in brake linings shall be tolerated

until 1 July 2007 provided it is not intentionally introduced 3 ,

the reuse of parts of vehicles which were already on the market at the

date of expiry of an exemption is allowed without limitation since it is

not covered by regulation 4(2),

until 1 July 2007, new replacement parts intended for repair 4 of parts

of vehicles exempted from the provisions of regulation 4(2) shall also

benefit from the same exemptions.

Intentionally introduced shall mean deliberately utilized in the formulation of a

material or component where its continued presence is desired in the final product to

provide a specific characteristic, appearance or quality. The use of recycled

materials as feedstock for the manufacture of new products, where some portion of

the recycled materials may contain amounts of regulated metals, is not to be

considered as intentionally introduced.

See footnote 1.

See footnote 1.

This clause applies to replacement parts and not to components intended for normal

servicing of vehicles. It does not apply to wheel balance weights, carbon brushes for

electric motors and brake linings as these components are covered in specific