152 tal-2007 - Regolamenti tal-2007 dwar l-Obbligazzjonijiet ta’ Rappurtaġġ lir-Reġistru Ewropew dwar ir-Rilaxx u t-Trasferiment ta’ Inkwinanti

L.N. 152 of 2007

ENVIRONMENT PROTECTION ACT

(CAP. 435)

European Pollutant Release and Transfer Register Reporting

Obligations Regulations, 2007

BY VIRTUE of the powers conferred by articles 9 and 10(2) of

the Environment Protection Act, the Minister for Rural Affairs and the

Environment has made the following regulations>–

(1) The title of these regulations is the European Pollutant

Release and Transfer Register Reporting Obligations Regulations, 2007.

(2) These regulations shall be read in conjunction with

Regulation (EC) No 166#2006 of the European Parliament and of the

Council of 18 January 2006 concerning the establishment of a European

Pollutant Release and Transfer Register and amending Council

Directives 91#689#EEC and 96#61#EC, hereinafter referred to as “the

EC Regulations”.

(3) The scope of these regulations is to establish reporting

templates, to fulfil the obligations of Article 7(1) of the EC Regulations

regarding the establishment of timeframes for reporting of releases and

offsite transfers by industry to the Competent Authority, and to fulfil

the obligations of Article 20 of the EC Regulations, regarding penalties

applicable to infringements of the provisions of the EC Regulations.

(4)

An “operator” has the same definition as in the EC

Regulations.

(1) The operator of each facility listed in Annex I of the EC

Regulations shall provide all the data referred to in Article 5 of EC

Regulation 166#2006 within 6 months after the end of the reporting

year for the first reporting year, and within 3 months after the end of the

reporting year for all subsequent reporting years. Data shall be submitted

to the Competent Authority in electronic form as may be established

from time to time by the Competent Authority.

(2) The first reporting year shall be the year 2007.

(3) An operator can apply for an extension up to 3 months

to the period allowed for reporting pursuant to sub-regulation (1) with

the Competent Authority, provided appropriate justification is presented.

The competent authority may grant an extension where it considers

that this would be justified.

When reporting, operators shall follow the guidelines Guidelines.

established in the latest version of the “Guidance document for the

implementation of the European PRTR”, published by the European

Commission, and any template that may be published from time to time

by notice in the Gazette by the Competent Authority.

Any operator shall be guilty of an offence under these Offences under

these regulations.

regulations if the operator>–

(1) does not meet the reporting obligations within the

established timeframes< or

(2) does not prepare a complete report in the correct format

determined by these regulations< or

(3) reports incorrect values or data that are not quality

assured, as prescribed in Article 9(1) of the EC Regulations.

Any operator who commits an offence against these regulations Penalties.

shall, on conviction, be liable>–

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

five hundred liri (Lm500) but not exceeding one thousand liri

(Lm1,000)<

(2) on a second or subsequent convictions, to a fine (multa)

of not less than one thousand liri (Lm1,000), but not exceeding

two thousand liri (Lm2,000) or to imprisonment for a term not

exceeding two years, or to both such fine and imprisonment>

Provided that the court shall order any operator who has been

found guilty of committing an offence against these regulations to

meet his reporting obligations and to pay for the expenses incurred

by the Competent Authority mentioned in these regulations or other

persons acting on its behalf involved in the implementation of these

regulations as a result of the said offence, the revocation of the

permit issued by the Competent Authority and the confiscation of

the corpus delicti.

Where there is a continuing offence against these regulations, Continuing offence.

the court shall, in addition to the fine (multa) prescribed in regulation 5

hereof, award an additional fine of not less than fifty liri (Lm50) but

not exceeding five hundred liri (Lm500) for every day, or part thereof,

during which the continuance shall have subsisted, so however that the

fine (multa) for the continuance of the offence and the fine (multa)

awarded under regulation 5 shall not exceed, in the aggregate, ten

thousand liri (Lm10,000)>

Provided that the court may also order the operator to bear all

or part of the costs incurred due to any infringement action brought by

the European Commission against Malta under these regulations.

(1) The provisions of article 23 and sub-article (1) of article

30 of the Criminal Code shall, mutatis mutandis, apply to proceedings

in respect of 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 taken 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.

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

Lm0.12 (€0.28)