145 tal-2007 - Regolamenti tal-2007 dwar Sustanzi li Jnaqqsu s-Saff ta’ l-Ożonu

L.N. 145 of 2007

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Substances Depleting the Ozone Layer Regulations, 2007

BY virtue of the powers conferred by articles 9 and 11 of the

Environment Protection Act, hereinafter referred to as “the Act”, the

Minister for Rural Affairs and the Environment has made the following

regulations>-

The title of these regulations is the Substances Depleting the Citation.

Ozone Layer Regulations, 2007.

(1) These regulations contain provisions for the application Scope and

applicability.

of Regulation (EC) No. 2037#2000 of the European Parliament and of

the Council of 29 June 2000, as amended, on substances that deplete

the ozone layer, hereinafter referred to as “the EC Regulation”.

(2) The provisions of the EC Regulation shall be

implemented and enforced under the Act.

For the purposes of these regulations and of the EC Regulation, Definitions.

the following definitions shall apply>

“the competent authority” means the Malta Environment and

Planning Authority as prescribed by the notice entitled Nomination

of the Malta Environment and Planning Authority as the competent

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<

“course” means any taught form of instruction approved in

writing by the competent authority for the purposes of these

regulations<

“electronic version#copy” means a computerised format of

all necessary reporting forms required by these regulations<

“licence” means any licence issued by the competent authority

for the purposes of these regulations under any conditions which

may be deemed fit by the competent authority<

“logbook” refers to>

(a) a hard bound, consecutively page numbered book

containing on the first page, the name, I.D. number and

license#permit number of the personnel involved, and any

other details as may be approved from time to time by a notice

of the competent authority in the Gazette, and

(b) an electronic copy of the hard bound format in

paragraph (a), in a format established by the competent

authority<

“permit” means any permit issued by the competent authority

for the purposes of these regulations under any conditions which

may be deemed fit by the said competent authority<

“personnel involved” includes all producers, importers,

shippers, exporters, technicians, any appropriate bodies and users,

including retailers and any persons involved in the destruction,

recovery, reclamation and recycling of the substances covered by

the EC Regulation<

“shipment” means any movement of goods between Malta

and the remainder of the European Community, and “shipper” shall

be construed accordingly.

All personnel involved shall be registered with the competent

authority under such conditions as may be determined by the authority.

(1) All personnel involved shall>

(a) possess the minimum qualification requirements as

defined by the competent authority. These minimum qualification

requirements will take the form of a course with a duration and

curriculum approved by the competent authority. On successful

completion of this course, a licence#permit shall be issued by the

competent authority subject to a fee as may be determined from

time to time by a notice by the competent authority in the Gazette.

The licence shall be valid for 10 years from the date of successful

completion of the course. Such licence#permit may be reviewed,

renewed or terminated at any time by the competent authority.

Termination of a licence shall not entail any right for compensation,

and

(b) duly fill out a logbook, stating all amounts of controlled

substances recovered, recycled, reclaimed or destroyed during their

day to day operations.

Such personnel may also be subject to random audits by

officials of the competent authority.

(2) Only natural or legal persons authorized in writing by

the competent authority may conduct courses for the purposes of

qualifying personnel in terms of this regulation.

(3) All personnel involved may only handle, use or trade

in, whether for profit or otherwise, substances falling within the scope

of the EC Regulation or in products containing such substances if they

are in possession of the minimum qualification requirements as defined

in sub regulation (1) of this regulation.

(4) All natural or legal persons involved in the handling,

use, trade, recovery, recycling, reclamation or destruction of substances

falling within the scope of the EC Regulation shall >

(a) be registered with the competent authority under such

conditions as may be determined by the authority from time to

time, and

(b) duly fill out a logbook, stating all amounts of controlled

substances recovered, recycled, reclaimed or destroyed during their

day to day operations.

Such persons may also be subject to random audits by officials

of the competent authority.

(1) Should any shipment or export of substances falling Shipments of waste.

within the scope of the EC Regulation to facilities involved in the

recovery, recycling, reclamation and destruction of such substances take

place, such shipment shall comply with EEC Regulation 259# 93 of 1

February 1993 on the supervision and control of shipments of waste

within, into and out of the European Community and with the

Environment Protection (Control of Transboundary Movement of Toxic

L.N. 205 of 2000.

and other Substances) Regulations, 2000.

(2) These regulations shall be without prejudice to the Waste

Management (Permit and Control) Regulations, 2001 or to measures L.N. 337 of 2001.

adopted following regulation 3 of those regulations.

(1) Existing fixed equipment with a refrigerating fluid charge

of more than 3 kilograms shall be registered with the competent authority

under such conditions as may be determined by the authority within

one year from the date of publication of these regulations.

(2) New fixed equipment with a refrigerating fluid charge

of more than 3 kilograms shall be registered with the competent authority

within 15 days of its sale. The retailer shall supply the information as

required by regulation 11 (b) hereof for registration purposes.

(3) Any person owning fixed equipment with a refrigerating

fluid charge of more than 3 kilograms shall>

(a)

have this equipment checked for leakages annually, and

(b) keep a log of all checks in a duly filled out logbook.

For the purposes of these regulations, all facilities used for

the storage of substances falling within the scope of the EC Regulation

shall be registered with the competent authority under such conditions

as may be determined by the authority. Such registration may be

reviewed, renewed or cancelled at any time by the authority. Cancellation

of registration shall not entail any right of compensation.

Every year, before the 31 st January, each user and shipper of

substances falling within the scope of the EC Regulation shall

communicate to the competent authority, data as specified below for

each controlled substance in respect of the period 1 st January to 31 st

December of the preceding year. The competent authority shall establish

the format of this report, as a hard copy and an electronic version, in

such manner that -

(a)

each shipper shall communicate the following>

(i) type<

(ii) the name and serial number of the shipper<

(iii) the date of shipment<

(iv) the country of origin<

(v) the country of destination<

(vi) any quantities of controlled substances shipped

into and out of Malta<

(vii) the nature of the substances differentiating

between virgin, recovered and reclaimed<

(viii) any other details as may be required from time

to time by the competent authority by notice in the Gazette,

and

(b) each user, including any producer who uses such

substances, shall communicate the following>

(i) type<

(ii) the name and serial number of the user<

(iii) quantities used<

(iv) the nature of the substance, differentiating between

virgin, recovered and reclaimed<

(v) the nature of the use<

(vi) the quantities held in stock<

(vii) any quantities recovered recycled, reclaimed or

destroyed<

(viii) any other details as may be required from time

to time by the competent authority by notice in the Gazette.

(1) Before the 31 st January of each year, refrigeration Refrigeration

technicians.

technicians shall communicate to the competent authority the

information requested in sub-regulation 9(b) of these regulations, as a

hard copy and an electronic version, together with the following >

(a) the name of suppliers of substances used by them and

falling within the scope of the EC Regulation, and

(b) the quantity and destination of such substances

transferred and, or handed over by whatever means.

(2) Every five years, refrigeration technicians shall send

copies of their logbooks to the competent authority for review. These

copies shall be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession.

Before the 31 st January of each year, retailers handling

substances falling within the scope of the EC Regulation or products

containing such substances shall send copies of their official logbooks

to the competent authority for review. These copies must be signed off

by the official person in whose name the logbook was issued as a true

copy of the original logbook in their possession. These shall contain

the following information>

(a) for substances falling within the scope of the EC

Regulation>

(i) the name and serial number of retailer,

(ii) the name and serial number of shipper,

(iii) the date of purchase from shipper,

(iv) the nature of the substance (differentiating between

virgin, recovered and reclaimed stock),

(v) the quantity,

(vi) the date of sale by type and quantity,

(vii) the nature of the use,

(viii) the name and registration number of the buyer,

(ix) any other details as may be required from time to

time by the competent authority by notice in the Gazette, and

(b) for fixed equipment with a refrigerating fluid charge of

more than 3 kg>

(i) the name and serial number of retailer,

(ii)

the date of sale,

(iii)

the charge in Kg,

(iv) the nature of the substance,

(v)

the nature of the equipment,

(vi) the place of installation,

(vii) the details of the new owner,

(viii) the registration reference number of the

equipment,

(ix) any other details as may be required from time to

time by the competent authority by notice in the Gazette.

The retailer shall be responsible for keeping and reporting

information related to any sales and, or transfer by whatever means

of these substances and, or equipment until the point of sale, when

this responsibility will devolve to the new natural or legal persons

involved.

(1) All owners of fixed equipment with a refrigerating fluid Equipment with a

charge of more than

charge of more than 3 kg, shall before the 31 st January of each year, 3 kg.

report the following, as a hard copy and an electronic version, for each

specifically identified piece of equipment, for the period from 1 st January

to the 31 st December of the previous year>

(i) all amounts of leakages detected,

(ii) actions taken to eliminate such leakages,

(iii) the quantity and nature of the substances involved,

(iv) serial number of personnel involved in terms of

paragraphs (i) and (ii) of this sub-regulation as well as dates and

results of these checks,

(v) any quantities added and any quantities recovered during

servicing and maintenance and final disposal,

(vi) any other details as may be required from time to time

by the competent authority by notice in the Gazette.

(2) Every five years, all owners of fixed equipment with a

refrigerating fluid charge of more than 3 kg shall send copies of their

official logbooks to the competent authority for review. These copies

shall be signed off by the official person in whose name the logbook

was issued as a true copy of the original logbook in their possession.

Every year, before the 31 st January, all entities involved in Entities involved in

the recovery, recycling, reclamation and destruction of controlled recovery,

reclamation and

substances shall communicate to the competent authority, data as destruction of

substances.

specified below, as a hard copy and an electronic version, for each

controlled substance in respect of the period 1 January to 31 December

of the preceding year. They shall send copies of their logbooks to the

competent authority for review. These copies shall be signed off by the

official person in whose name the logbook was issued as a true copy of

the original logbook in their possession. The log book must contain>

(i) the name and serial number of the entity,

(ii) the serial number of the personnel involved in the

consignment of controlled substances for recovery, recycling,

reclamation and destruction,

(iii) the quantities and nature of controlled substances

consigned by each of the personnel involved differentiating

between substances consigned for recovery, recycling, reclamation,

and destruction,

(iv) details of destination of controlled substances

consigned, differentiating between substances consigned for

recovery, recycling, reclamation and destruction,

(v) any remaining stock as at 31 st December of each

reporting year,

(vi) any other details as may be required from time to time

by the competent authority by notice in the Gazette.

All natural or legal persons authorized in writing by the

competent authority to provide the course for the minimum qualification

requirements defined by the authority, as required by regulation 5(2),

shall, after the termination of each course cycle, provide, within five

working days, as a hard copy and an electronic version, all the

information related to the course as may be required by the Authority.

This information is to include>

(i) the name and authorization number of the instruction

body running the course,

(ii) the commencement and termination dates of course,

(iii) the names, surnames and I.D. numbers of the successful

candidates,

(iv) the nature of employment of the successful candidates,

(v) the registered business address of the successful

candidates,

(vi) any other details as may be required from time to time

by the competent authority by notice in the Gazette.

(1) Without prejudice to the provisions of Article 25 of the Inspection.

Act and of the Environment Protection (Preventive and Remedial

Measures) Regulations, 1994, the competent authority may, in carrying L.N. 1 of 1994.

out the tasks assigned to it by these regulations, request all relevant

information from the personnel involved and from undertakings

concerned.

(2) The competent authority may carry out any

investigations necessary under these regulations, and may also conduct

random checks and audits on imports, exports, shipments, storage

facilities, users and disposal facilities of substances within the scope of

the EC Regulation, as well as on all personnel involved.

(3) Subject to regulations 9 to 13 hereof, all shipments,

imports and exports shall be subject to random checks by the competent

authority. All shippers, importers and exporters shall inform the

competent authority about any upcoming shipment, import or export at

least 15 working days in advance of the actual import, export or shipment

is carried out. All details shall be submitted according to the requirements

of the format established for this purpose by the competent authority.

(4) Containers, including cylinders, filled with substances

falling within the scope of the EC Regulation, shall be labelled by

officials of the competent authority prior to their release from Customs

and the shipper, exporter or importer shall be responsible as stipulated

in regulation 9 hereof for keeping and reporting information related to

any sales and, or transfer by whatever means of these substances until

the point of sale, when this responsibility will devolve to the new natural

or legal persons involved.

The competent authority may develop as appropriate and Guidance

documents.

ensure the dissemination of guidance notes and documents for the

purpose of ensuring the proper implementation of these regulations and

of the EC Regulation.

A person shall be guilty of an offence under these regulations Offences.

if such person>-

(a) fails to comply with any provision of the EC Regulation

or 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) contravenes any restriction, prohibition or requirement

imposed by or under the EC Regulation or these regulations, or

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

Regulation or of these regulations, or

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

by whatever means, including advertising, counselling or

procurement, to contravene the provisions of the EC Regulation

or of these regulations, or to fail to comply with any such provisions,

including any order lawfully given in terms of any of the provisions

of the EC Regulation or 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 the EC

Regulation or against these regulations shall, on conviction, be liable>

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

five hundred liri but not exceeding one thousand liri and where

applicable, the revocation of such person’s licence and confiscation

of vehicle or equipment used to commit the offence<

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand liri, but not exceeding two thousand

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

both such fine and imprisonment and where applicable, the

revocation of such person’s licence and confiscation of vehicle or

equipment used to commit the offence>

Provided that the Court shall order any person who has been

found guilty of committing an offence against the EC Regulation

or 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 and the confiscation

of the corpus delicti>

Provided further that the court may also order any person

who commits an offence against these regulations or the EC

Regulation to bear all or part of the costs incurred due to any

relevant infringement action brought against Malta by the European

Commission under the provisions of the EC Regulation or of the

Treaty establishing the European Community.

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

Code shall, mutatis mutandis, apply to proceedings in respect of offences

against the EC Regulation or against these regulations, so however that

the disqualification from holding or obtaining a license, 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 the EC Regulation

or 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 judgment given by the Court of Magistrates

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

for any offence against the EC Regulation or these Regulations.

The Substances Depleting the Ozone Layer Regulations, 2002 Repeal of L.N. 292

of 2002.

are hereby repealed.

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

Lm0.48 (€1.12)