63 tal-2007 - Regolamenti tal-2007 dwar l-Immaniġġar ta’ l-Iskart (Apparat Elettriku u Elettroniku)

L.N. 63 of 2007

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Waste Management (Electrical and Electronic Equipment)

Regulations, 2007

BY VIRTUE of the powers conferred by articles 9, 11(1)(b) and

28 of the Environment Protection Act, the Minister for Rural Affairs

and the Environment, after consultation with the Malta Environment

and Planning Authority, has made the following regulations:-

The title of these regulations is the Waste Management Citation.

(Electrical and Electronic Equipment) Regulations, 2007.

(Regulation 4)

Categories of electrical and electronic equipment covered by these regulations

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment

5. Lighting equipment

6. Electrical and electronic tools (with the exception of large-scale

stationary industrial tools)

7. Toys, leisure and sports equipment

8. Medical devices (with the exception of all implanted and infected

products)

9. Monitoring and control instruments

10. Automatic dispensers

(1) These regulations bring into effect the provisions of Scope.

Directive 2002/96/EC * of the European Parliament and of the Council

of 27 January 2003 on waste electrical and electronic equipment

(WEEE) as amended by Directive 2003/108/EC ** of the European

Parliament and of the Council of 8 December 2003.

(2) The purpose of the Directive is, as a first priority, the

prevention of waste electrical and electronic equipment (WEEE), and

in addition, the reuse, recycling and other forms of recovery of such

wastes so as to reduce the disposal of waste. It also seeks to improve

the environmental performance of all operators involved in the life

cycle of electrical and electronic equipment, such as producers,

distributors and consumers, and in particular those operators directly

involved in the treatment of waste electrical and electronic

equipment.

(3) These regulations provide additional measures, procedures

and guidance to those in the Waste Management (Permit and Control) L.N. 337 of

2001. Regulations, 2001.

(Regulation 4)

List of products which shall be taken into account for the purpose of these

regulations and which fall under the categories of Schedule 1A

1. Large household appliances

1.1

Large cooling appliances;

1.2

Refrigerators;

1.3

Freezers;

1.4

Other large appliances used for refrigeration, conservation and

storage of food;

1.5

Washing machines;

1.6

Clothes dryers;

1.7

Dish washing machines;

1.8

Cooking;

1.9

Electric stoves;

1.10 Electric hot plates;

1.11 Microwaves;

1.12 Other large appliances used for cooking and other processing of

food;

1.13 Electric heating appliances;

1.14 Electric radiators;

1.15 Other large appliances for heating rooms, beds, seating furniture;

1.16 Electric fans;

1.17 Air conditioner appliances;

1.18 Other fanning, exhaust ventilation and conditioning equipment.

2. Small household appliances

2.1

Vacuum cleaners;

2.2

Carpet sweepers;

2.3

Other appliances for cleaning;

2.4

Appliances used for sewing, knitting, weaving and other

processing for textiles;

2.5

Irons and other appliances for ironing, mangling and other care of

clothing;

2.6

Toasters;

2.7

Fryers;

2.8

Grinders, coffee machines and equipment for opening or sealing

containers or packages;

Electric knives;

2.10 Appliances for hair-cutting, hair drying, tooth brushing, shaving,

massage and other body care appliances;

2.11 Clocks, watches and equipment for the purpose of measuring,

indicating or registering time;

2.12 Scales.

3. IT and telecommunications equipment

Centralised data processing

Mainframes;

Minicomputers;

Printer units.

Personal computing

Personal computers (CPU, mouse, screen and keyboard

included);

Laptop computers (CPU, mouse, screen and keyboard

included);

Notebook computers;

Notepad computers;

Printers;

Copying equipment;

Electrical and electronic typewriters;

Pocket and desk calculators;

Other products and equipment for the collection, storage,

processing, presentation or communication of information

by electronic means;

3.2.10 User terminals and systems;

3.2.11 Facsimile;

3.2.12 Telex;

3.2.13 Telephones;

3.2.14 Pay telephones;

3.2.15 Cordless telephones;

3.2.16 Cellular telephones;

3.2.17 Answering systems;

3.2.18 Other products or equipment of transmitting sound,

images or other information by telecommunications.

4. Consumer equipment

Radio sets;

Television sets;

Videocameras;

Video recorders;

Hi-fi recorders;

Audio amplifiers;

Musical instruments; and

Other products or equipment for the purpose of recording or

reproducing sound or images, including signals or other

technologies for the distribution of sound and image than by

telecommunications.

5. Lighting equipment

Luminaires for fluorescent lamps with the exception of

luminaires in households;

Straight fluorescent lamps;

Compact fluorescent lamps;

High intensity discharge lamps, including pressure sodium lamps

and metal halide lamps;

Low pressure sodium lamps;

Other lighting or equipment for the purpose of spreading or

controlling light with the exception of filament bulbs.

6. Electrical and electronic tools (with the exception of large-scale

stationary industrial tools)

Drills;

Saws;

Sewing machines;

Equipment for turning, milling, sanding, grinding, sawing,

cutting, shearing, drilling, making holes, punching, folding,

bending or similar processing of wood, metal and other materials;

Tools for riveting, nailing or screwing or removing rivets, nails,

screws or similar uses;

Tools for welding, soldering or similar use;

Equipment for spraying, spreading, dispersing or other treatment

of liquid or gaseous substances by other means;

Tools for mowing or other gardening activities.

7. Toys, leisure and sports equipment

Electric trains or car racing sets;

Hand-held video game consoles;

Video games;

Computers for biking, diving, running, rowing, etc.;

Sports equipment with electric or electronic components;

Coin slot machines.

8. Medical devices (with the exception of all implanted and infected

products)

Radiotherapy equipment;

Cardiology;

Dialysis;

Pulmonary ventilators;

8.5

Nuclear medicine;

8.6

Laboratory equipment for in-vitro diagnosis;

8.7

Analysers;

8.8

Freezers;

8.9

Fertilization tests;

8.10 Other appliances for detecting, preventing, monitoring, treating,

alleviating illness, injury or disability.

9. Monitoring and control instruments

9.1

Smoke detector;

9.2

Heating regulators;

9.3

Thermostats;

9.4

Measuring, weighing or adjusting appliances for household or as

laboratory equipment;

9.5

Other monitoring and control instruments used in industrial

installations (e.g. in control panels).

10. Automatic dispensers

10.1 Automatic dispensers for hot drinks;

10.2 Automatic dispensers for hot or cold bottles or cans;

10.3 Automatic dispensers for solid products;

10.4 Automatic dispensers for money;

10.5 All appliances which deliver automatically all kind of products.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

* OJ L 37, 13.2.2003, p. 24.

** OJ L 345, 31.12.2003, p. 106.

"the Act" means the Environment Protection Act;

"agreement" means the formal agreement concluded between

the competent authority and the economic operators concerned, which

has to be open to all partners who wish to meet the conditions of the

agreement with a view to working towards the objectives of these

regulations;

"the competent authority" means the Malta Environment and

Planning Authority and such other body or person as the Minister

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;

"dangerous substance or preparation" means any substance or

preparation which has to be considered dangerous under Council

Directive 67/548/EEC * or Directive 1999/45/EC ** of the European

Parliament and of the Council;

"distributor" means any person who provides electrical or

electronic equipment on a commercial basis to the party who is going

to use it;

"economic operators" means producers, distributors, collectors,

dismantlers, shredders, recoverers, recyclers and other treatment

operators of waste electrical and electronic equipment, including their

components and materials;

"electrical and electronic equipment" or "EEE" means

equipment which is dependent on electric currents or electromagnetic

fields in order to work properly and equipment for the generation,

transfer and measurement of such currents and fields falling under the

categories set out in Schedule 1A and designed for use with a voltage

rating not exceeding 1,000 Volt for alternating current and 1,500 Volt

for direct current;

"finance agreement" means any loan, lease, hiring or deferred

sale agreement or arrangement relating to any equipment whether or

not the terms of that agreement or arrangement or any collateral

agreement or arrangement provide that a transfer of ownership of that

equipment will or may take place;

* OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive

2001/59/EC (OJ L 225, 21.8.2001, p. 1).

** OJ L 200, 30.7.1999, p. 1. Directive as amended by Commission Directive

2001/60/EC (OJ L 226, 22.8.2001, p. 5).

"the Minister" means the Minister responsible for the

environment;

"prevention" means measures aimed at reducing the quantity

and the harmfulness to the environment of WEEE and materials and

substances contained therein;

"producer" means any person who, irrespective of the selling

technique used, including by means of distance communication in

accordance with Directive 97/7/EC * of the European Parliament and

of the Council of 20 May 1997 on the protection of consumers in

respect of distance contracts

(i)

manufactures and sells electrical and electronic

equipment under his own brand, or

(ii) resells under his own brand equipment produced by

other suppliers, a reseller not being regarded as the producer if

the brand of the producer appears on the equipment, as provided

for in paragraph (i), or

(iii) imports electrical and electronic equipment on a

professional basis into Malta.

Whoever exclusively provides financing under or pursuant to

any finance agreement shall not be deemed to be a producer unless he

also acts as a producer within the meaning of paragraphs (i) to (iii);

"put on the market" means when an electrical and electronic

equipment is supplied or made available, whether in return for

payment or free of charge, to a third party in Malta and includes

import into the customs territory of Malta; and "putting a product on

the market" shall be construed accordingly;

"recovery" means any of the applicable operations provided for

in Schedule 6 to the Waste Management (Permit and Control) L.N. 337 of

2001. Regulations, 2001;

"recycling" means the reprocessing in a production process of

the waste materials for the original purpose or for other purposes, but

excluding energy recovery which means the use of combustible waste

as a means of generating energy through direct incineration with or

without other waste but with recovery of the heat;

"reuse" means any operation by which WEEE or components

thereof are used for the same purpose for which they were conceived,

* OJ L 144, 4.6.1997, p. 19.

including the continued use of the equipment or components thereof

which are returned to collection points, distributors, recyclers or

manufacturers;

"treatment" means any activity after the WEEE has been handed

over to a facility for depollution, disassembly, shredding, recovery or

preparation for disposal and any other operation carried out for the

recovery or the disposal of the WEEE, or both;

"waste" in addition to what is said in the 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 nominated by the Minister responsible for the

environment under article 6 of the Act;

"waste electrical and electronic equipment" or "WEEE" means

electrical or electronic equipment which is waste, including all

components, sub-assemblies and consumables which are part of the

product at the time of discarding;

"WEEE" means waste electrical and electronic equipment as

defined herein;

"WEEE from private households" means WEEE which comes

from private households and from commercial, industrial,

institutional and other sources which, because of its nature and

quantity, is similar to that from private households.

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

assigned to them in regulation 2 of the Waste Management (Permit

2001. and Control) Regulations, 2001.

Regulation 7 (1)

Selective treatment for materials and components

of waste electrical and electronic equipment

1. As a minimum the following substances, preparations and components

have to be removed from any separately collected WEEE

polychlorinated biphenyls (PCB) containing capacitors in

accordance with the Waste Management (PCBs & PCTs) Regulations, 2002;

mercury containing components, such as switches or backlighting

batteries;

printed circuit boards of mobile phones generally, and of other

devices if the surface of the printed circuit board is greater than 10 square

centimetres;

toner cartridges, liquid and pasty, as well as colour toner;

plastic containing brominated flame retardants;

asbestos waste and components which contain asbestos;

cathode ray tubes;

chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC)

or hydrofluorocarbons (HFC), hydrocarbons (HC);

gas discharge lamps;

liquid crystal displays (together with their casing where

appropriate) of a surface greater than 100 square centimetres and all those

back-lighted with gas discharge lamps;

external electric cables;

components containing refractory ceramic fibres as described in

Commission Directive 97/69/EC * of 5 December 1997 adapting to technical

progress Council Directive 67/548/EEC relating to the classification,

packaging and labelling of dangerous substances;

components containing radioactive substances with the exception

* OJ L 343, 13.12.1997, p. 19.

of components that are below the exemption thresholds set in Article 3 of,

and Annex I to, Council Directive 96/29/Euratom * of 13 May 1996 laying

down basic safety standards for the protection of the health of workers and

the general public against the dangers arising from ionising radiation; and

-

electrolyte capacitors containing substances of concern (height >

25 mm, diameter > 25 mm or proportionately similar volume).

These substances, preparations and components shall be disposed of or

recovered in compliance with regulation 4 of the Waste Management (Permit and

Control) Regulations, 2001.

2. The following components of WEEE that is separately collected have to

be treated as indicated

-

cathode ray tubes: the fluorescent coating has to be removed;

-

equipment containing gases that are ozone depleting or have a

global warming potential (GWP) above 15, such as those contained in foams

and refrigeration circuits: the gases must be properly extracted and properly

treated. Ozone-depleting gases must be treated in accordance with

Regulation (EC) No 2037/2000 ** of the European Parliament and of the

Council of 29 June 2000 on substances that deplete the ozone layer; and

-

gas discharge lamps: the mercury shall be removed.

3. Taking into account environmental considerations and the desirability

of reuse and recycling, paragraphs 1 and 2 shall be applied in such a way that

environmentally-sound reuse and recycling of components or whole appliances is

not hindered.

(1) These regulations shall apply to electrical and

electronic equipment falling under the categories set out in Schedule

1A provided that the equipment concerned is not part of another type

of equipment that does not fall within the scope of these regulations.

Schedule 1B contains a list of products which fall under the

categories set out in Schedule 1A.

(2) These regulations shall apply without prejudice to existing

provisions, such as safety and health requirements and specific waste

management legislation, in particular the Waste Management

2002. (Batteries and Accumulators) Regulations, 2002.

(3) Equipment which is connected with the protection of the

essential interests of the security, arms, munitions and war material

shall be excluded from these regulations. This does not, however,

apply to products which are not intended for specifically military

purposes.

Regulation 7(3)(g)

Technical requirements

1. Sites for storage (including temporary storage) of WEEE prior to their

treatment (without prejudice to the requirements of the Waste Management

(Landfill) Regulations, 2002)

-

impermeable surfaces for appropriate areas with the provision of

* OJ L 159, 29.6.1996, p. 1.

** OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regulation (EC) No 2039/ 2000

(OJ L 244, 29.9.2000, p. 26).

spillage collection facilities and, where appropriate, decanters and cleanser

degreasers; and

-

weatherproof covering for appropriate areas.

2. Sites for treatment of WEEE

-

balances to measure the weight of the treated waste,

-

impermeable surfaces and waterproof covering for appropriate

areas with the provision of spillage collection facilities and, where

appropriate, decanters and cleanser-degreasers;

-

appropriate storage for disassembled spare parts;

-

appropriate containers for storage of batteries, PCBs/PCTs

containing capacitors and other hazardous waste such as radioactive waste;

and

-

equipment for the treatment of water in compliance with health

and environmental regulations.

(1) The competent authority may encourage the design Product design.

and production of electrical and electronic equipment which take into

account and facilitate dismantling and recovery, in particular the

reuse and recycling of WEEE, their components and materials.

(2) The competent authority may take necessary measures to

ensure that producers shall not prevent, through specific design

features or manufacturing processes, WEEE from being reused,

unless such specific design features or manufacturing processes

present overriding advantages, such as with regard to the protection

of the environment or safety requirements, or both.

Symbol for the marking of electrical and electronic equipment

The symbol indicating separate collection for electrical and electronic

equipment consists of the crossed-out wheeled bin, as shown below. The symbol

must be printed visibly, legibly and indelibly.

(1) The competent authority may take necessary Separate

measures to ensure that the disposal of WEEE as unsorted municipal collection.

waste is minimised and a high level of separate collection of WEEE is

achieved.

(2) For WEEE from private households, the competent

authority may take necessary measures to ensure by the 13th August,

2005

(a)

that economic operators shall use existing systems

or set up systems for the collection of such waste allowing

holders of such waste to return it at least free of charge;

(b) the availability and accessibility of the necessary

collection facilities, taking into account in particular the

population density;

(c)

that when supplying a new product, distributors

shall ensure that such waste can be returned to the distributor at

least free of charge on a one-to-one basis as long as the

equipment is of equivalent type and has fulfilled the same

functions as the supplied equipment;

(d) that without prejudice to paragraphs (a), (b) and (c)

and without prejudice to sub-regulation (3), producers shall be

allowed to set up and operate individual or collective take-back

systems, or both, for WEEE from private households provided

that these are in line with the objectives of these regulations;

(e)

that, having regard to health and safety standards,

WEEE that presents a health and safety risk to personnel

because of contamination may be refused for return under

paragraphs (a), (b) and (c) and sub-regulation (3), and that

specific arrangements shall be made for such WEEE;

(f)

that specific arrangements for the return of WEEE

as under paragraphs (a), (b) and (c) and sub-regulation (3) may

be provided for if the equipment does not contain the essential

components or if the equipment contains waste other than

WEEE.

(3) The competent authority may exempt distributors from

sub-regulation (2)(c) provided they ensure that returning the WEEE is

not thereby made more difficult for the final holder and provided that

these systems remain free of charge for the final holder.

(4) In the case of WEEE other than WEEE from private

households, and without prejudice to regulation 10, the competent

authority may take necessary measures to ensure that producers or

third parties acting on their behalf provide for the collection of such

waste.

(5) The competent authority may take necessary measures to

ensure that

(a)

all WEEE collected under sub-regulations (1), (2),

(3) and (4) shall be transported to treatment facilities authorised

under regulation 7 unless the appliances are reused as a whole;

(b) the envisaged reuse shall not lead to a circumvention

of these regulations, in particular as regards regulations 7 and 8;

(c)

the collection and transport of separately collected

WEEE shall be carried out in a way which optimises reuse and

recycling of those components or whole appliances capable of

being reused or recycled.

(6) Without prejudice to sub-regulation (1), the competent

authority may take necessary measures to ensure that by the 31st

December, 2008 at the latest a rate of separate collection of at least

four kilograms on average per inhabitant per year of WEEE from

private households is achieved.

(Regulation 15)

Information to be contained in an application for producer registration

1. The address and telephone number of the producer and where

-

the producer is a company, the registered office;

-

the producer is not a company, the principal place of business.

2. The business name of the producer if different from that referred to in

paragraph 1.

3. The details of the person to whom the competent authority may address

communications.

(1) The competent authority may take necessary

measures to ensure that

(a)

producers or third parties acting on their behalf shall

set up systems, individually or collectively, or both, in

accordance with any existing laws and regulations, to provide

for the treatment of WEEE using best available treatment,

recovery and recycling techniques;

(b) the treatment shall, as a minimum, include the

removal of all fluids and a selective treatment in accordance

with the provisions of the Waste Management (Permit and

Control) Regulations, 2001, and in compliance with Schedule 2

to these regulations, without prejudice to any other relevant

regulations on health and environment;

(c)

any establishment or undertaking carrying out

treatment operations shall hold a valid permit from the

competent authority;

(d) the derogation from the permit requirement referred

to in the provisions of the Waste Management (Activity

Registration) Regulations, 2007, may apply to recovery

operations concerning WEEE provided that an inspection is

carried out by the competent authority before the registration in

order to ensure compliance with the provisions of the Waste

Management (Permit and Control) Regulations, 2001;

(e)

the inspection referred to in paragraph (d) shall

verify

(i)

the type and quantities of waste to be treated;

(ii) the general technical requirements to be

complied with;

(iii) the safety precautions to be taken;

(f)

the inspection referred to in paragraphs (d) and (e)

shall be carried out at least once a year;

(g) any establishment or undertaking carrying out

treatment operations shall store and treat WEEE in compliance

with the technical requirements set out in Schedule 3;

(h) the permit or the registration referred to in

paragraphs (c) and (d) shall include all conditions necessary for

compliance with the requirements of paragraphs (a), (b) and (g)

and with the requirements referred to in sub-regulation (2) for

the achievement of the recovery targets set out in regulation 8;

(i)

establishments or undertakings which carry out

treatment operations shall, as far as practicable, introduce

certified environmental management systems in accordance

with Regulation (EC) No 761/2001 * of the European Parliament

* OJ L 114, 24.4.2001, p. 1.

and of the Council of 19 March 2001 allowing voluntary

participation by organisations in a Community eco-management

and audit scheme (EMAS)

Provided that the treatment operation may be undertaken

outside Malta or the Community provided that the shipment of WEEE

shall be in compliance with Council Regulation (EEC) No 259/93 * of

the 1st February, 1993 on the supervision and control of shipments of

waste within, into and out of the European Community

Provided further that WEEE exported out of the

Community in line with Council Regulation (EEC) No 259/93,

Council Regulation (EC) No 1420/1999 ** of the 29th April, 1999

establishing common rules and procedures to apply to shipments to

certain non-OECD countries of certain types of waste and

Commission Regulation (EC) No 1547/1999 *** of the 12th July, 1999

determining the control procedures under Council Regulation (EEC)

No 259/93 to apply to shipments of certain types of waste to certain

countries to which OECD Decision C(92)39 final does not apply,

shall only count for the fulfilment of obligations and targets of

regulation 8 if the exporter can prove that the recovery, reuse or

recycling operation, or both, took place under conditions that are

equivalent to the requirements of these regulations.

(2) Without prejudice to sub-regulation (1)(a) and (b), and for

the purposes of environmental protection, the competent authority

may set up minimum quality standards for the treatment of collected

WEEE.

(Regulation 14)

Public Register

The following information shall be contained in the register in relation

to a producer whose application for registration has been approved by the

competent authority under regulation 15.

1. the producer’s name;

2. the Malta address of the registered office or principal place of business

of the producer; and

3. a statement each year as to whether the producer has met his obligation

under regulation 21 to furnish a statement of compliance.

(1) The competent authority may take necessary

measures to ensure that

(a)

producers or third parties acting on their behalf shall

set up systems, individually or collectively, or both, in

accordance with any existing laws and regulations, to provide

for the recovery of WEEE collected separately in accordance

with regulation 6;

(b) priority shall be given to the reuse of whole

appliances

* OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation

(EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

** OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission

Regulation (EC) No 2243/2001 (OJ L 303, 20.11.2001, p. 11).

*** OJ L 185, 17.7.1999, p1. Regulation as last amended by Commission

Regulation (EC) No 2243/2001.

Provided that such appliances shall, until the 31st

December, 2008, not be taken into account for the calculation of

the targets set out in sub-regulation (2); and

(c)

the development of new recovery, recycling and

treatment technologies shall be encouraged.

(2) Regarding WEEE sent for treatment in accordance with

regulation 7, the competent authority may take necessary measures to

ensure that producers shall, by the 31st December, 2008, meet the

following targets

(a)

for WEEE falling under categories 1 and 10 of

Schedule 1A -

(i) the rate of recovery shall be increased to a

minimum of 80% by an average weight per appliance, and

(ii) component, material and substance reuse and

recycling shall be increased to a minimum of 75% by an

average weight per appliance;

(b) for WEEE falling under categories 3 and 4 of

Schedule 1A -

(i) the rate of recovery shall be increased to a

minimum of 75% by an average weight per appliance, and

(ii) component, material and substance reuse and

recycling shall be increased to a minimum of 65% by an

average weight per appliance;

(c)

for WEEE falling under categories 2, 5, 6, 7 and 9 of

Schedule 1A -

(i) the rate of recovery shall be increased to a

minimum of 70% by an average weight per appliance, and

(ii) component, material and substance reuse and

recycling shall be increased to a minimum of 50% by an

average weight per appliance;

(d) for gas discharge lamps, the rate of component,

material and substance reuse and recycling shall reach a

minimum of 80% by weight of the lamps

Provided that, for the purpose of calculating these targets,

producers or third parties acting on their behalf shall keep records on

the mass of WEEE, their components, materials or substances when

entering (input) and leaving (output) the treatment facility or when

entering (input) and leaving (output), or both, the recovery or

recycling facility.

(1) The competent authority may take necessary

measures to ensure that

(a)

producers shall, by the 13th August, 2005, provide

at least for the financing of the collection, treatment, recovery

and environmentally sound disposal of WEEE from private

households deposited at collection facilities, set up under

regulation 6(2) and (3);

(b) for products put on the market later than the 13th

August, 2005, each producer shall finance the operations

referred to in paragraph (a) relating to the waste from his own

products

Provided that the producer can choose to fulfil this

obligation either individually or by joining a collective

authorised WEEE collection, treatment and recovery scheme;

(c)

each producer shall provide a guarantee when

putting a product on the market showing that the management of

all WEEE will be financed and that producers shall clearly mark

their products in accordance with regulation 13(4);

(d) the guarantee referred to in paragraph (c) may take

the form of participation by the producer in an authorised

WEEE collection, treatment and recovery scheme for the

financing of the management of WEEE, a recycling insurance

or a blocked bank account;

(e)

the

costs

of

collection,

treatment

and

environmentally sound disposal shall not be shown separately to

purchasers at the time of sale of new products

Provided that producers, shall, until the 13th

August, 2012 for categories 2, 3, 4, 5, 6, 7, 8, 9 and 10 of

Schedule 1A, and until the 13th August, 2014 for category 1 of

Schedule 1A, be allowed to show purchasers, at the time of sale

of new products, the costs of collection, treatment and disposal

in an environmentally sound way

Provided further that the costs mentioned shall not

exceed the actual costs incurred;

(f)

the responsibility for the financing of the costs of

the management of WEEE from products put on the market

before the 13th August, 2005 (historical waste) shall be

provided by one or more authorised WEEE collection, treatment

and recovery schemes to which all producers, existing on the

market when the respective costs occur, contribute

proportionately, such as in proportion to their respective share

of the market by type of equipment.

(2) The competent authority may take necessary measures to

ensure that producers supplying electrical or electronic equipment by

means of distance communication shall also comply with the

requirements set out in this regulation for the equipment supplied in

the Member State where the purchaser of that equipment resides.

(1) The competent authority may take necessary Financing in

respect of

measures to ensure that

WEEE from

users other than

producers shall, by the 13th August, 2005, provide private

(a)

households.

for the financing of the costs for the collection, treatment,

recovery and environmentally sound disposal of WEEE from

users other than private households from products put on the

market after the 13th August, 2005;

(b) for WEEE from products put on the market before

the 13th August, 2005 (historical waste), the financing of the

costs of management shall, by the 13th August, 2005, be as set

out in paragraphs (c) and (d);

(c)

for historical waste being replaced by new

equivalent products or by new products fulfilling the same

function, producers of those products when supplying them

shall provide for the financing of the costs

Provided that as an alternative, the competent

authority, as the Minister may prescribe, may provide that users

other than private households also be made, partly or totally,

responsible for this financing;

(d) for other historical waste, the users other than

private households shall provide for the financing of the costs.

(2) Without prejudice to the provisions of these regulations,

producers and users other than private households may conclude

agreements stipulating other financing methods.

(1) The competent authority may take necessary Information for

measures to ensure that producers or distributors, or both, such as in users.

the instructions for use or at the point of sale, shall provide users of

electrical and electronic equipment in private households with the

necessary information about

(a)

the requirement not to dispose of WEEE as unsorted

municipal waste and to collect such WEEE separately;

(b)

the return and collection systems available to them;

(c)

their role in contributing to reuse, recycling and

other forms of recovery of WEEE;

(d) the potential effects on the environment and human

health as a result of the presence of hazardous substances in

electrical and electronic equipment;

(e)

the meaning of the symbol shown in Schedule 4.

(2) With a view to minimising the disposal of WEEE as

unsorted municipal waste and to facilitating its separate collection,

producers shall appropriately mark electrical and electronic

equipment put on the market after the 13th August, 2005 with the

symbol shown in Schedule 4

Provided that, in exceptional cases, where this is necessary

because of the size or the function of the product, the symbol shall be

printed on the packaging, on the instructions for use and on the

warranty of the electrical and electronic equipment.

Consumers shall participate in the collection of WEEE and

facilitate the process of reuse, treatment and recovery.

In order to facilitate the reuse and the correct and

environmentally sound treatment of WEEE, including maintenance,

upgrade, refurbishment and recycling, the competent authority may

take necessary measures to ensure that

(a)

producers shall provide reuse and treatment

information for each type of new EEE put on the market within

one year after the equipment is put on the market;

(b) the information referred to in paragraph (a) shall

identify, as far as it is needed by reuse centres, treatment and

recycling facilities in order to comply with the provisions of

these regulations, the different EEE components and materials,

as well as the location of dangerous substances and preparations

in EEE;

(c)

producers of EEE shall make available the

information referred to in paragraphs (a) and (b) to reuse

centres, treatment and recycling facilities in the form of

manuals or by means of electronic media (such as CD-ROM,

online services);

(d) any producer of an electrical or electronic appliance

put on the market after the 13th August, 2005 shall ensure that it

is clearly identifiable by a mark on the appliance that shall

specify that the latter was put on the market after the 13th

August, 2005 in order to enable the date upon which the

appliance was put on the market to be determined

unequivocally.

(1) The competent authority shall maintain and make Register of

available in accordance with this regulation a register relating to the producers.

producers who register in accordance with regulation 15 and

containing information relating to producer registration as prescribed

in Schedule 6.

(2) The competent authority shall

(a)

ensure that the register is open for inspection at its

principal office by members of the public free of charge at all

reasonable hours; and

(b) permit members of the public to obtain copies of

entries in the register on payment of a fee as may be prescribed

in Schedule 8 to the Waste Management (Permit and Control) L.N. 337 of

2001. Regulations, 2001.

(3) The register may be kept in any form but shall be indexed

and arranged so that members of the public can readily trace

information contained in it.

(4) The competent authority shall amend the relevant entry in

the register to record any change to the information entered and shall

note the date on which the amendment is made.

(5) For the avoidance of doubt, nothing in this regulation shall

require a register maintained by the competent authority to contain

information relating to any criminal proceedings (including

prospective proceedings) or to anything which is the subject matter of

such proceedings, at any time before those proceedings are finally

disposed of.

(6) Nothing in this regulation shall require a register

maintained by the competent authority to contain any information

which has been superseded by later information after four years have

elapsed from that later information being entered in the register.

(1) By 12 August 2005 each producer shall apply to the

competent authority for registration, and from 1 January 2006 each

producer shall register with the competent authority by 31 January,

and each producer shall register with the competent authority by 31

January each year thereafter.

(2) Where a producer ceases to put electrical and electronic

equipment on the market he shall inform the competent authority

within twenty working days of his ceasing to do so.

(3) An application by a producer to register shall

(a)

be made in writing;

(b)

contain at least the information in Schedule 5; and

(c)

be accompanied by a fee as may be prescribed in

Schedule 8 to the Waste Management (Permit and Control)

2001. Regulations, 2001.

(4) The details provided by a producer in compliance with the

obligations referred to in sub-regulations (1), (2) and (3) shall be

included in the Register of Producers to be maintained by the

competent authority under regulation 14.

(5) The competent authority shall confirm receipt of a

producer’s application for registration in writing within twenty

working days of receipt and shall process that application within

twenty working days of confirming receipt.

(1) By 12 August 2005 each producer who applies for

registration under regulation 15(1) shall provide to the competent

authority the following information for the year 2004

(a)

the categories of EEE which he has put on the

market as set out in Schedule 1A; and

(b) the quantities and weight of EEE which he has

placed on the market.

(2) By 31 January 2006 each producer shall provide to the

competent authority the information referred to in sub-regulation (1),

in respect of electrical and electronic equipment put on the market

between 1 January 2005 and 31 December 2005, and thereafter the

information shall be provided by 31 January each year in respect of

the electrical and electronic equipment which has been put on the

market during the immediately preceding year.

(3) The information referred to in sub-regulation (1) shall be

provided in writing.

(4) The competent authority may specify the format in which

such information is to be made available.

(5) Producers supplying electrical and electronic equipment by

means of distance communication shall provide the competent

authority with information on the compliance with the requirements

of regulation 9(2) and with the information referred to in sub-

regulation (1) of this regulation, relating to the quantities and

categories (as set out in Schedule 1A) of electrical and electronic

equipment put on the market in the Member State where the

purchaser of that equipment resides.

Where a producer supplies electrical or electronic Distance sellers.

equipment by means of distance communication he shall

(a)

register in accordance with regulation 15;

(b) notify the competent authority at the time of

registration that he supplies electrical or electronic equipment

by means of distance communication and that this regulation

applies; and

(c)

upon a request from the competent authority

undertake to provide it with information that demonstrates he

has complied with his obligation to provide financing for the

collection, treatment, recovery and environmentally sound

disposal of WEEE from private households deposited at

collection facilities in the Member State where the purchaser of

the equipment resides.

(1) Where the business of a producer is transferred in Transfer of a

whole or in part to another person, the producer shall be treated as producer’s

business to

remaining responsible for electrical and electronic equipment in another.

respect of which he has made an application to register under

regulation 15, unless he is able to demonstrate to the competent

authority that the person to whom the transfer has been made has

agreed to meet the producer’s obligations in respect of any such

electrical and electronic equipment under these regulations.

(2) Where sub-regulation (1) applies, the person to whom the

whole or part of a business is transferred is a producer for the

purposes of these regulations, and that person shall

(a)

apply to the competent authority for registration

under regulation 15; and

(b)

undertake to meet the recovery targets in regulation

8.

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, these agreements

(a)

shall be enforceable at law;

(b) shall specify the objectives with the corresponding

deadlines;

(c)

shall be published in the Gazette;

(d) shall have the results achieved under them

monitored regularly, reported to the competent authority and

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

agreement;

(e)

shall have the progress reached under them

examined in terms of provisions to be made by the competent

authority.

The competent authority may exempt a producer from all

or part of these regulations provided the producer provides evidence

to the competent authority of participating in an authorised WEEE

collection, treatment and recovery scheme.

(1) If a producer chooses to make use of an existing

authorised WEEE collection, treatment and recovery scheme, he shall

be required to submit to the competent authority a signed agreement

with the operator of the authorised WEEE collection, treatment and

recovery scheme to prove that the scheme complies with the

provisions of these regulations.

(2) By 31 January 2006, the producer shall moreover submit to

the competent authority a statement of compliance with the

provisions of these regulations, signed by the operator of the

authorised WEEE collection, treatment and recovery scheme, in

respect of electrical and electronic equipment put on the market by

the producer between 1 January 2005 and 31 December 2005, and

thereafter the information shall be provided by 31 January each year

in respect of the electrical and electronic equipment which has been

put on the market by the producer during the immediately preceding

year.

(3) The operator of the authorised WEEE collection, treatment

and recovery scheme referred to in sub-regulation (1) shall

(a)

bind himself to carry out the activities agreed to and

on behalf of the producer in accordance with any existing laws

and regulations,

(b) provide the competent authority by 31 January 2006

with the information referred to in regulations 11, 13 and 14 as

it applies mutatis mutandis to the producer, in respect of

electrical and electronic equipment put on the market by the

producer between 1 January 2005 and 31 December 2005, and

thereafter a statement of compliance shall be provided by 31

January each year in respect of the electrical and electronic

equipment which has been put on the market by the producer

during the immediately preceding year, and

(c)

provide to the competent authority by 31 January

2006 with a statement of compliance of the producer with the

provisions of these regulations, in respect of electrical and

electronic equipment put on the market by the producer between

1 January 2005 and 31 December 2005, and thereafter the

information shall be provided by 31 January each year in

respect of the electrical and electronic equipment which has

been put on the market by the producer during the immediately

preceding year.

(4) The competent authority may specify the format in which

such information is to be made available.

(5) The competent authority shall make this information

available in accordance with the Freedom of Access to Information L.N. 116 of

2005. on the Environment Regulations, 2005.

(1) Persons who intend to operate a WEEE collection, Permit required

treatment and recovery scheme as required under these regulations, by

of a WEEE

including the collection, sorting, storage, treatment, export, recovery collection,

treatment and

and recycling of WEEE on behalf of producers shall require and recovery

obtain a valid permit from the competent authority in terms of the scheme.

L.N. 337 of

Waste Management (Permit and Control) Regulations, 2001.

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

Control) Regulations, 2001, in applying for such a permit, any such

person shall provide the competent authority with the following

information as applicable

(a)

a copy of the memorandum of articles of

2001. 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 collection, treatment and recovery of WEEE in

accordance with the provisions of these regulations;

(d) details of any deposit-refund scheme or other

scheme adopted in order to ensure the return of WEEE by

consumers;

(e)

a financial plan in relation to the proposed scheme;

(f)

the annual weights of WEEE in each category to be

collected, treated and recovered;

(g) annual WEEE recovery targets to be achieved under

the proposed scheme;

(h) proposals for determining and verifying the level of

recovery of WEEE under the proposed scheme, including

estimations and assumptions to be made in this process;

(i)

proposals for the certification of producers who will

make use of such scheme;

(j)

proposals of how the information under the

provisions of these regulations will be compiled and made

available to the competent authority;

(k) 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

2005. on the Environment Regulations, 2005.

The competent authority may take necessary measures to Inspection and

ensure that inspection and monitoring shall enable the proper monitoring.

implementation of these regulations to be verified, having regard,

inter alia, to Recommendation 2001/331/EC * of the European

Parliament and the Council of 4 April 2001 providing for minimum

criteria for environmental inspections in the Member States.

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

these

regulations if

regulations.

(a)

he fails to comply with any provisions 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 provisions 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 liri (Lm500), but not exceeding one thousand

liri (Lm1,000);

(b) on a second conviction 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 whenever any person is found guilty of

committing an offence under these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, is held liable in the

same manner and degree

* OJ L 118, 27.4.2001, p. 41.

Provided further 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 mentioned in 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, including the

vehicle, if applicable.

(1) The provisions of articles 23 and 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 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.