162 tal-2008 - Regolamenti tal-2008 li jemendaw ir-Regolamenti dwar il-Limitazzjoni ta’ Emissjonijiet ta’ Komposti Organiċi Volatili (Żebgħa, Verniċi u Prodotti ta’ Rifinitura tal-Vetturi)

L.N. 162 of 2008

ENVIRONMENT PROTECTION ACT

(CAP. 435)

PRODUCT SAFETY ACT

(CAP. 427)

Limitation of Emissions of Volatile Organic Compounds

(Paints, Varnishes and Vehicle Refinishing Products)

(Amendment) Regulations, 2008

BY virtue of the powers conferred by articles 9, 10(2) and 11 of

the Environment Protection Act, and by article 38 of the Product Safety

Act, the Prime Minister and the Minister of Finance, the Economy and

Investment have made the following regulations>-

The title of these regulations is the Limitation of Emissions of

Volatile Organic Compounds (Paints, Varnishes and Vehicle Refinishing

Products) (Amendment) Regulations, 2008 and they shall be read and

construed as one with Limitation of Emissions of Volatile Organic

Compounds (Paints, Varnishes and Vehicle Refinishing Products)

Regulations, 2006 hereinafter referred to as “the principal regulations.”

In regulation 2 of the principal regulations the definition of

“competent authority” shall be substituted as follows>

“ “the competent authority” means the Malta Standards

Authority and the Environment Protection Directorate within the

Malta Environment and Planning Authority<”.

Regulation 3 of the principal regulations shall be amended as

(a) for subregulation (4) thereof there shall be substituted

the following>

“(4) By way of derogation from sub-regulation (1)

products placed on the market, including by any act to offer,

expose, advertise or keep for sale and supply by way of

compensation or otherwise, for exclusive use in an activity

covered by the Limitation of Emissions of Volatile Organic

Compounds Regulations, 2001 and carried out in a registered

or authorized installation according to regulations 3 and 4

thereof shall be exempt from compliance with the above-

mentioned requirements.”<

(b) sub-regulations (5) and (6) thereof are being repealed<

and

(c) immediately after sub-regulation (4) thereof, there shall

be added the following new sub-regulations>

“(5) However, these products shall not be made

available to third parties, including by any act to offer, expose,

advertise or keep for sale and to supply by way of

compensation or otherwise, unless such third parties present

a copy of the front page of the permit issued in their name by

the Malta Environment and Planning Authority under

regulations 3 and 4 of the Limitation of Emissions of Volatile

Organic Compounds Regulations, 2001.

(6) Whoever intends to make available such products,

including by any act to offer, expose, advertise or keep for

sale and to supply by way of compensation or otherwise, shall

register his intent to do so with the Malta Standards Authority

and shall keep record of the sale of such products as shown in

Annex IV, together with the copy of the front page of the

permit issued to any person who is acquiring such products,

by the Malta Environment and Planning Authority under

regulations 3 and 4 of the Limitation of Emissions of Volatile

Organic Compounds Regulations, 2001. These records shall

be filed and shall be retained for a period of five years from

when they were made.

(7) For the purposes of restoration and maintenance of

buildings and vintage vehicles designated by competent

authorities as being of particular historical and cultural value,

the competent authority may grant individual licenses for the

sale and purchase in strictly limited quantities of products

which do not meet the VOC limit values laid down in Annex

II.

(8) Whoever intends to make use of such derogation

shall register his intent with the Malta Standards Authority

and shall provide certification by an authorised body to prove

that the vehicle or building in question is regarded as being a

vintage vehicle or building of particular historical and cultural

value.

(9) Products falling under the scope of these regulations

which are shown to be produced before the dates laid down in

Annex II and do not fulfill the requirements of sub-regulation

(1) may be placed on the market, including by any act to offer,

expose, advertise or keep for sale and to supply by way of

compensation or otherwise, for a period of twelve months

following the date on which the requirement applying to the

product in question comes into force.”.

Regulations 8 and 9 of the principal regulations are being

Immediately after regulation 7 of the principal regulations there

shall be added the following new regulations>-

Responsibility for the enforcement

of these

regulations

shall be shared as follows>

(a) The Malta Standards Authority shall be the

competent authority for enforcing the provisions in

regulations 3, 4, and 6.

(b) The Malta Environment and Planning

Authority and shall jointly with the Malta Standards

Authority be responsible for the enforcement of the

provisions in regulation 5.

Any person who commits an offence against these

regulations shall, on conviction, be liable>-

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

less than one thousand one hundred and sixty four euro

(€1,164) but not exceeding two thousand three hundred

and twenty nine euro (€2,329)<

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

fine (multa) of not less than two thousand three hundred

and twenty nine euro (€2,329), but not exceeding four

thousand six hundred and fifty eight euro (€4,658) 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, shall be held liable in the same manner and

degree>

Provided further that the court shall order any

person who has been found guilty of committing an

offence against these regulations to pay for the expenses

incurred by the public entities and, or other persons acting

on their behalf involved in the implementation of these

regulations and the restitution of the environment as a

result of the said offence, the revocation of the permit

issued by the Police and the confiscation of the corpus

delicti.

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

Applicability

(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 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 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 judgment

given by the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo) in respect of proceedings for any offence

against these regulations.”.

6. Immediately after Annex III to the principal regulations there Adds annex IV to

the principoal

shall be added the following Annex>

regulations.

“ANNEX IV

DETAILS REQUIRED AS PER REGULATION 3(6)

Date>______________________

Surname and Name of the person buying the product>____________________________

ID card number of the person buying the product> ______________________________

Company#person on behalf of which the product is being bought>

Address of the company#person using the product>

Amount of product bought (in litres)> ________________________________________

Code of the permit issued by MEPA under the Limitation of Emissions of Volatile

Organic Compounds Regulations, 2001> VOC 000__ # 0__

I certify that the information above is correct __________________________(signature

of the person buying the product).

Signature of the person making the product available> ________________________

KINDLY ATTACH A COPY OF THE PERMIT ISSUED BY MEPA TO THE

PERSON BUYING THE PRODUCT UNDER REGULATIONS 3 AND 4 OF

THE LIMITATION OF EMISSIONS OF VOLATILE ORGANIC

COMPOUNDS REGULATIONS, 2001”.

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

€0.47 (Lm0.20)