Regulations, 2008

L.N. 74 of 2008

ECO-CONTRIBUTION ACT

(CAP. 473)

Eco-Contribution (Approved Waste Recovery Facilities)

Regulations, 2008

IN exercise of the powers conferred by articles 12 and 13 of the

Eco-Contribution Act, hereinafter referred to as “the Act”, the Minister

for Rural Affairs and the Environment, in concurrence with the Prime

Minister and Minister of Finance, has made the following regulations>-

(1) The title of these regulations is the Eco-Contribution Citation,

commencement

(Approved Waste Recovery Facilities) Regulations, 2008.

and scope.

(2) These regulations provide measures, procedures and

guidance to the Act for the granting of exemptions in respect of eco-

contribution due by producers who participate in the recovery of waste

through approved schemes.

In these regulations, unless the context otherwise requires>

Interpretation.

“approved scheme” means a scheme or waste recovery

scheme that is approved by the Minister and that is operational

during the period to which an exemption applied for and obtained

under these regulations refers<

“Approved Waste Recovery Facility” means a facility

approved in terms of the Waste Recovery Scheme Regulations,

2008<

“scheme” or “waste recovery scheme” means a system

through which any producer can demonstrate the recovery of

waste of the products placed by such producer on the market,

when the waste resulting from such products are delivered to one

or more Approved Waste Recovery Facilities.

(1) A producer who participates in an approved waste Exemption from

recovery scheme for products on which an eco-contribution is due, eco-contribution.

shall be exempt, in accordance with these regulations, from payment

of the eco-contribution on products the producer indicates that the

waste resulting therefrom will be recovered through the approved

scheme.

(1) Exemption from payment of the eco-contribution due Forfeiture of

on products the waste resulting therefrom will be recovered through exemption.

participation in an approved scheme shall be granted to a producer who

proves to the satisfaction of the Minister that he is a participant in an

approved scheme at the beginning of a calendar year and continues to

participate in such scheme for the full duration of the said calendar

year.

(2) Where a producer who obtained an exemption from

payment of eco-contribution ceases to participate in the approved scheme

he subscribed to during the relevant calendar year, the exemption granted

shall be forfeited and the producer shall be bound to pay the eco-

contribution that would have been due in the absence of the exemption,

together with interest for late payment>

Provided that on ceasing to participate in an approved scheme

a producer who would have participated in said scheme for a continuous

period of at least six months in the calendar year will not forfeit the

exemption for the relevant calendar year.

(3) The amount of interest shall be calculated on the amount

of eco-contribution that would have been due in the absence of the

exemption and shall accrue as from the date when such contribution

would have been due at the rate of eight percent per annum.

(1) An application to the Minister for the approval of a waste

recovery scheme may only be made by one or more producers who

subscribe to such scheme>

Provided that where more than one producer seeks approval

of a particular scheme, application for approval of the scheme shall be

made jointly.

(2) Application for approval shall be made on the prescribed

form and shall be accompanied by a description of the details of operation

of the scheme< the Approved Waste Recovery Facility or Facilities the

scheme will oblige its participants to deliver waste resulting from

products they place on the market< and methods of monitoring and

enforcing adherence to such obligation.

(3) The Minister shall process a valid application for

approval of a scheme made within a period of three months from its

date of submission and shall determine the date of commencement of

the period of exemption.

(4) In processing an application for approval under these

regulations, the Minister may request the applicant or applicants to

submit further details on the information provided in the application

relative to the scheme approval of which is sought under these

regulations.

(1) An application to the Minister for an exemption from Application

exemption.

eco-contribution due may only be made by a producer who participates

in an approved scheme.

(2) Application for exemption shall be made on the

prescribed form and shall be accompanied by a declaration issued by

an approved scheme confirming the subscription and participation to

the approved scheme by the applicant producer, and the products that

will be placed on the market by the applicant producer during the

calendar year to which the application for exemption refers and which

products and their waste will be subject to the scheme.

(3) Application for exemption shall be made by no later

than thirty days from the date of subscription to an approved scheme

and in respect of the eco-contribution which will fall due during the

current or forthcoming calendar year on products that will be placed on

the market during the current or forthcoming year respectively and the

waste of which products will be recovered by participation by the

applicant producer to an approved scheme.

(4) The Minister shall process a valid application for

exemption made within a period of three months from its date of

submission.

(5) In processing an application for exemption under these

regulations, the Minister may request the producer to submit further

details on the information provided in the application relative to the

products that will be placed on the market that will be recovered through

participation in the approved scheme.

A producer who would have obtained an exemption from Records and

documents.

payment of eco-contribution for all products in respect of which an

exemption was obtained shall be required to>

(a)

maintain accurate records of product movements<

(b) consent and comply with all requests to monitor, check

and produce for inspection any such records and any other

documents relative to the recovery of waste from the products<

and

(c) ensure compliance with all requirements of the Act and

of the regulations and with such other requests made by the

Minister.

(1) Where an application for exemption contains false or Incorrect

incorrect information, and the applicant producer does not correct such application

exemption.

application in accordance with the provisions of this regulation, such

applicant producer shall be liable to an administrative penalty equivalent

to the amount of the eco-contribution that would have been due had the

exemption not been obtained>

Provided that where such contribution does not amount to

two hundred and thirty-three Euro (€233), the administrative penalty

shall be of two hundred and thirty-three Euro (€233).

(2) A producer who has made any form of incorrect

statement in an application for exemption may correct the said claim by

the delivery of a corrected application form not later than ten days from

when the application form containing the incorrect statement was

furnished to the Minister, clearly indicating that the adjusted application

form replaces the application furnished earlier>

Provided that where a producer corrects an application form,

he shall nonetheless be liable to an administrative penalty of two hundred

and thirty-three Euro (€233).

(1) Where an exemption is obtained in a fraudulent or any

other irregular manner, an administrative penalty equivalent to twenty

per cent of the amount unduly exempted shall become due, together

with interest at the rate of one percent per month or part thereof which

interest shall start to run from the date of payment of the amount unduly

exempted to the date when such amount together with the administrative

penalty and interest is paid back to the Minister>

Provided that the amount of such administrative penalty and

interest taken together shall not exceed the amount obtained in a

fraudulent or any other irregular manner.

(2) Where an exemption has been obtained in a fraudulent

or in any other irregular manner, the Minister shall proceed directly to

recover the amounts wrongly exempted and any penalties and interest

imposed.

(3) Where an administrative penalty had been imposed and

interest has become due, but has not been paid, the Minister shall suspend

any further exemption to the producer concerned until it has been paid.

Any amount of administrative penalty due by a producer

under these regulations shall not relieve that producer from a higher or

a further penalty to which he may have become or may become liable

in terms of any provisions of the Act or regulations made thereunder.

The provisions of Parts VI and VII of the Act shall apply in

respect of administrative penalties imposed in terms of these regulations

and all reference therein to the “authority” and “Competent Authority”

shall be construed as a reference to the “Minister”.

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

€0.37 (Lm0.16)