280 tal-2010 - Regolamenti tal-2010 dwar Sustanzi li Jnaqqsu s-Saff ta’ l-Ożonu

L.N. 280 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Substances Depleting the Ozone Layer Regulations, 2010

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

the Environment Protection Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Substances Depleting

the Ozone Layer Regulations, 2010.

(1) These regulations contain provisions for the Scope and

application of Regulation (EC) No. 1005/2009 of the European applicability.

Parliament and of the Council of 16 September 2009, on substances

that deplete the ozone layer, (recast) hereinafter referred to as “the

EC Regulation”.

(2) The provisions of the EC Regulation shall be

implemented and enforced under the Act.

(3) The scope of these regulations is to replace

reference to 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, with reference to

Regulation (EC) No 1005/2009 of the European Parliament and of

the Council of 16 September 2009 on substances that deplete the

ozone layer (recast).

For the purposes of these regulations and of the EC

Regulation, 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 physical 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 physical 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 and other Substances) Regulations, 2000.

(2) These regulations shall be without prejudice to the

Waste Management (Permit and Control) Regulations, 2001 or to

measures 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 31st 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 1st January to

31st 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 31st January of each year, refrigeration

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 31st 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 physical or legal persons

involved.

(1) All owners of fixed equipment with a refrigerating

fluid charge of more than 3 kg, shall before the 31st January of

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

version, for each specifically identified piece of equipment, for the

period from 1st January to the 31st December of the previous year

(a) all amounts of leakages detected,

(b) actions taken to eliminate such leakages,

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

(d) serial number of personnel involved in terms of

paragraphs (a) and (b) of this sub-regulation as well as dates

and results of these checks,

(e) any quantities added and any quantities recovered

during servicing and maintenance and final disposal,

(f) 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 31st January, all entities

involved in the recovery, recycling, reclamation and destruction

of controlled substances shall communicate to the competent

authority, data as 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

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

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

consignment of controlled substances for recovery, recycling,

reclamation and destruction,

(c) the quantities and nature of controlled substances

consigned by each of the personnel involved differentiating

between substances consigned for recovery, recycling,

reclamation, and destruction,

(d) details of destination of controlled substances

consigned, differentiating between substances consigned for

recovery, recycling, reclamation and destruction,

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

reporting year,

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

time by the competent authority by notice in the Gazette.

All physical 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

(a) the name and authorization number of the

instruction body running the course,

(b)

the commencement and termination dates of

course,

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

successful candidates,

(d) the nature of employment of the successful

candidates,

(e) the registered business address of the successful

candidates,

(f) 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 Act and of the Environment Protection (Preventive and

Remedial Measures) Regulations, 1994, the competent authority

may, in carrying 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 physical or legal persons

involved.

The competent authority may develop as appropriate and

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 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 one thousand two hundred euro (€1,200) but not

exceeding two thousand three hundred euro (€2,300) 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 two thousand three hundred euro

(€2,300),but not exceeding four thousand seven hundred

euro (€4,700) 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 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,

2007. 2007 are hereby revoked.

€1.12