Regulations, 2010

L.N. 55 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Waste Management (Waste Batteries and Accumulators)

Regulations, 2010

IN exercise of the powers conferred by articles 9, 11(1)(b)

and 28 of the Environment Protection Act, the Prime Minister, after

consultation with the Malta Environment and Planning Authority,

has made the following regulations:-

(1) The title of these regulations is the Waste

Management (Waste Batteries and Accumulators) Regulations,

2010. (2) These regulations shall come into force on such

date as the Minister responsible for the environment may by notice

in the Gazette appoint and different dates may be so appointed for

different provisions and different purposes of these regulations.

(1) These regulations bring into effect the provisions

of Directive 2006/66/EC 1 of the European Parliament and of

the Council of 6 September 2006 on batteries and accumulators

and waste batteries and accumulators and repealing Directive

91/157/EEC 2 , as amended by Directive 2008/12/EC 3 of the

European Parliament and of the Council of 11 March 2008, as

regards the implementing powers conferred on the Commission.

(2) The objective of the Directive, having regard to

the environmental impact of transport, is to maximise the separate

collection of waste batteries and accumulators and to minimise

the disposal of waste batteries and accumulators as mixed

municipal waste in order to achieve a high level of recycling for

all waste batteries and accumulators. It also seeks to improve the

environmental performance of batteries and accumulators and of

the activities of all economic operators involved in the life cycle

of batteries and accumulators, such as producers, distributors and

end-users and, in particular, those operators directly involved in the

treatment and recycling of waste batteries and accumulators.

OJ L 266, 26.9.2006, p. 1.

OJ L 78, 26.3.1991, p. 38.

OJ L 76, 19.3.2008, p. 39.

(3) These regulations provide additional measures,

procedures and guidance to those in the Waste Management

(Permit and Control) Regulations, 2001, which aim at establishing

specific rules for the collection, treatment, recycling and disposal

of waste batteries and accumulators to promote a high level of

collection and recycling of waste batteries and accumulators.

(1)

In these regulations, unless the context otherwise

requires

“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;

“appliance” means any electrical or electronic

equipment, as defined by the Waste Management (Electrical

and Electronic Equipment) Regulations, 2007, which is fully

or partly powered by batteries or accumulators or is capable

of being so;

“automotive battery or accumulator” means any battery

or accumulator used for automotive starter, lighting or

ignition power;

“battery” or “accumulator” means any source of

electrical energy generated by direct conversion of chemical

energy and consisting of one or more primary battery cells

(non-rechargeable) or consisting of one or more secondary

battery cells (rechargeable);

“battery pack” means any set of batteries or

accumulators that are connected together and, or encapsulated

within an outer casing so as to form a complete unit that the

end-user is not intended to split up or open;

“button cell” means any small round portable battery

or accumulator whose diameter is greater than its height

and which is used for special purposes such as hearing aids,

watches, small portable equipment and back-up power;

“category of battery or accumulator” means any of the

following types of batteries or accumulators

(a)

automotive batteries or accumulators;

(b)

industrial batteries or accumulators; and

(c)

portable batteries or accumulators;

“collection rate” means, in a given calendar year, the

percentage obtained by dividing the weight of waste portable

batteries and accumulators collected in accordance with sub-

regulations (1) and (2) of regulation 5 of these regulations

or with the Waste Management (Electrical and Electronic

Equipment) Regulations, 2007, in that calendar year by the

average weight of portable batteries and accumulators that

producers either sell directly to end-users or deliver to third

parties in order to sell them to end-users in Malta during that

calendar year and the preceding two calendar years.

“the Community” means the European Community;

“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;

“disposal” means any of the applicable operations

provided for in Schedule 4 to the Waste Management (Permit

and Control) Regulations, 2001;

“distributor” means any person that provides batteries

and accumulators on a professional basis to an end-user;

“economic operators” means producers, distributors,

collectors, recoverers, recyclers or other treatment operators

of waste batteries and accumulators;

“industrial battery or accumulator” means any battery

or accumulator designed for exclusively industrial or

professional uses or used in any type of electric vehicle;

“the Minister” means the Minister responsible for the

environment;

“portable battery or accumulator” means any battery,

button cell, battery pack or accumulator that

(a) is sealed; and

(b) can be hand-carried; and

(c) is neither an industrial battery or accumulator

nor an automotive battery or accumulator;

“producer” means any person in Malta who, irrespective

of the selling technique used, including by means of

distance communication as defined in the Distance Selling

Regulations, 2001, places batteries or accumulators, including L.N. 186 of 2001.

those incorporated into appliances or vehicles, on the market

for the first time within the territory of Malta on a professional

basis;

“recycling” means the reprocessing in a production

process of waste materials for their original purpose or for

other purposes, but excluding energy recovery;

“treatment” means any activity carried out on waste

batteries and accumulators after they have been handed

over to a facility for sorting, preparation for recycling or

preparation for disposal;

“waste” in addition to what is said in the Environment

Protection 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 Environment

Protection Act;

“waste battery or accumulator” means any battery or

accumulator which is waste.

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

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

and Control) Regulations, 2001.

(1) These regulations shall apply to all types of batteries

and accumulators, regardless of their shape, volume, weight,

material composition or use.

Provided that these regulations shall apply without

prejudice to the Waste Management (End of Life Vehicles)

Regulations, 2004, and the Waste Management (Electrical and

Electronic Equipment) Regulations, 2007.

(2) These regulations shall apply without prejudice

to existing provisions, such as product safety requirements and

specific legislation, in particular the Batteries and Accumulators

Regulations, 2007.

(3) These regulations shall not apply to batteries and

accumulators used in

(a) equipment connected with the protection of Malta’s

essential security interests, arms, munitions and war material,

with the exclusion of products that are not intended for

specifically military purposes; and

(b)

equipment designed to be sent into space.

(1) Producers of portable batteries and accumulators,

or third parties acting on their behalf, shall use existing collection

systems or set up collection systems, individually or collectively,

or both, in accordance with any existing laws and regulations,

to provide for the collection of waste portable batteries and

accumulators.

(2)

Such collection systems

(a) shall enable end-users to discard waste portable

batteries or accumulators at an accessible collection point in

their vicinity, having regard to population density, provided

that such a collection point shall not be subject to the

registration or permit requirements of the Waste Management

(Permit and Control) Regulations, 2001, or the Waste

Management (Activity Registration) Regulations, 2007;

(b) shall require distributors to take back waste

portable batteries or accumulators at no charge when

supplying portable batteries or accumulators, unless an

assessment shows that alternative existing collection systems

are at least as effective in attaining the environmental aims of

these regulations, provided that such an assessment shall be

made public;

(c) shall not involve any charge to end-users when

discarding waste portable batteries or accumulators, nor any

obligation to buy a new battery or accumulator; and

(d) may be run in conjunction with the collection

systems referred to in sub-regulation (2) of regulation 6 of

the Waste Management (Electrical and Electronic Equipment)

Regulations, 2007

Provided that all economic operators and all competent

public authorities may participate in these collection systems

Provided further that these collection systems shall

also apply to batteries and accumulators imported from

third countries under non-discriminatory conditions and

shall be designed to avoid barriers to trade or distortions of

competition.

(3) Producers of industrial batteries and accumulators,

or third parties acting on their behalf, shall not refuse to take

back waste industrial batteries and accumulators from end-users,

regardless of chemical composition and origin.

Provided that

(a) independent third parties may also collect waste

industrial batteries and accumulators;

(b) all economic operators and all competent public

authorities may participate in these collection systems; and

(c) these collection systems shall also apply to

batteries and accumulators imported from third countries

under non-discriminatory conditions and shall be designed to

avoid barriers to trade or distortions of competition.

(4) Producers of automotive batteries and

accumulators, or third parties acting on their behalf, shall

use existing collection systems or set up collection systems,

individually or collectively, or both, in accordance with any

existing laws and regulations, to provide for the collection of waste

automotive batteries and accumulators from end-users or from

an accessible collection point in their vicinity, where collection

is not carried out under the collection systems referred to in sub-

regulation (1) of regulation 5 of the Waste Management (End of

Life Vehicles) Regulations, 2004.

Provided that

(a) in the case of automotive batteries and

accumulators from private, non-commercial vehicles,

such collection systems shall not involve any charge

to end-users when discarding waste batteries or

accumulators, or any obligation to buy a new battery or

accumulator;

(b) all economic operators and all competent

public authorities may participate in these collection

systems; and

(c) these collection systems shall also apply

to batteries and accumulators imported from third

countries under non-discriminatory conditions and shall

be designed to avoid barriers to trade or distortions of

competition.

Economic instruments may be used to promote the use

of batteries and accumulators containing less polluting substances,

or promote the collection of waste batteries and accumulators, for

instance by adopting differential tax rates.

(1) The Competent Authority shall calculate the

collection rate for the first time in respect of the fifth full calendar

year following the coming into force of these regulations.

Provided that

(a) without prejudice to the Waste Management

(Electrical and Electronic Equipment) Regulations, 2007,

annual collection and sales figures shall include batteries and

accumulators incorporated into appliances;

(b) the annual sales of portable batteries and

accumulators to end-users in a given year, shall be calculated

as the weight of portable batteries and accumulators placed

on the market for the first time within Malta in the year

concerned, excluding any portable batteries and accumulators

that have left Malta in that year before being sold to the end-

users;

(c) the placing on the market for the first time within

Malta of each battery shall be counted once; and

(d) the calculation provided for therein shall be based

on collected data or statistically significant estimates based on

collected data.

(2) Producers, or third parties acting on their behalf,

shall take the necessary measures to achieve the following

minimum collection targets

(a) 25 % by 26th September 2012;

(b) 30 % by 26th September 2013;

(c) 35 % by 26th September 2014;

(d) 40 % by 26th September 2015; and

(e) 45 % by 26th September 2016.

(3) The Competent Authority shall monitor compliance

with such collection targets on a yearly basis as set out in Schedule

1 to these regulations.

Manufacturers shall design appliances in such a way that

waste batteries and accumulators can be readily removed

Provided that appliances into which batteries and

accumulators are incorporated shall be accompanied by instructions

showing how they can be removed safely and, where appropriate,

informing the end-user of the type of the incorporated batteries and

accumulators

Provided further that this regulation shall not apply where, for

safety, performance, medical or data integrity reasons, continuity

of power supply is necessary and requires a permanent connection

between the appliance and the battery or accumulator.

(1)

Not later than 26th September 2009

(a) producers, or third parties acting on their behalf,

shall use existing treatment and recycling systems or set up

treatment and recycling systems, individually or collectively,

or both, in accordance with any existing laws and regulations,

to provide for the treatment and recycling of waste batteries

and accumulators, using best available techniques, in terms of

the protection of health and the environment; and

(b) all identifiable waste batteries and accumulators

collected in accordance with regulation 5 of these regulations

or with the Waste Management (Electrical and Electronic

Equipment) Regulations, 2007, shall undergo treatment

and recycling through treatment and recycling systems that

comply, as a minimum, with national legislation, in particular

as regards health, safety and waste management

Provided that

(i) collected portable batteries or accumulators

containing cadmium, mercury or lead may be disposed

of in landfills or underground storage when no viable

end market is available or as part of a strategy to phase

out heavy metals which, on the basis of a detailed

assessment of the environmental, economic, and social

impacts, shows that this disposal option should be

preferred over recycling;

(ii)

such an assessment shall be made public;

(iii) all economic operators and all competent

public authorities may participate in these treatment and

recycling systems; and

(iv) these treatment and recycling systems shall

also apply to batteries and accumulators imported from

third countries under non-discriminatory conditions and

shall be designed to avoid barriers to trade or distortions

of competition.

(2) Treatment shall meet the minimum requirements

set out in Part A of Schedule 2 to these regulations.

(3) Where batteries or accumulators are collected

together with waste electrical and electronic equipment on the basis

of the Waste Management (Electrical and Electronic Equipment)

Regulations, 2007, batteries or accumulators shall be removed

from the collected waste electrical and electronic equipment.

(4) Recycling processes shall, not later than 26th

September 2011, meet the recycling efficiencies and associated

provisions set out in Part B of Schedule 2 to these regulations.

(1) The development of new recycling and treatment

technologies all types of waste batteries and accumulators shall be

encouraged.

(2) Research into environmentally friendly and cost-

effective recycling methods for all types of waste batteries and

accumulators shall be promoted.

(3) Treatment facilities shall be encouraged to

introduce certified environmental management schemes in

accordance with Regulation (EC) No 761/2001 4 of the European

Parliament and of the Council of 19 March 2001 allowing

voluntary participation by organisations in a Community eco-

management and audit scheme (EMAS).

The disposal in landfills or by incineration of waste

industrial and automotive batteries and accumulators shall be

prohibited

Provided that residues of any waste batteries and accumulators

that have undergone both treatment and recycling in accordance

with sub-regulation (1) of regulation 9 of these regulations may be

disposed of in landfills or by incineration.

(1) Treatment and recycling may be undertaken outside Exports.

Malta or outside the Community, provided that the shipment of

waste batteries and accumulators shall be in compliance with

Regulation (EC) No 1013/2006 5 of the European Parliament and

of the Council of 14 June 2006 on shipments of waste.

(2) Waste batteries and accumulators exported

out of the Community in accordance with Regulation (EC) No

1013/2006 6 of the European Parliament and of the Council of 14

June 2006 on shipments of waste, and Council Regulation (EC)

No 1418/2007 7 of 29 November 2007 concerning the export for

recovery of certain waste listed in Annex III or IIIA to Regulation

(EC) No 1013/2006 of the European Parliament and of the Council

to certain countries to which the OECD Decision on the control of

OJ L 114, 24.4.2001, p. 1.

OJ L 190, 12.7.2006, p. 1.

OJ L 190, 12.7.2006, p. 1.

OJ L 316, 4.12.2007, p. 6.

transboundary movements of wastes does not apply, shall count

towards the fulfilment of the obligations and recycling efficiencies

laid down in Schedule 2 to these regulations only if there is sound

evidence that the recycling operation took place under conditions

equivalent to the requirements of these regulations.

(1) Producers, or third parties acting on their behalf,

shall finance any net costs arising from

(a) the collection, treatment and recycling of all waste

portable batteries and accumulators collected in accordance

with sub-regulations (1) and (2) of regulation 5 of these

regulations; and

(b) the collection, treatment and recycling of all waste

industrial and automotive batteries and accumulators collected

in accordance with sub-regulations (3) and (4) of regulation 5

of these regulations

Provided that any double charging of producers in the

case of batteries or accumulators collected under treatment

and recycling systems set up in accordance with the Waste

Management (End of Life Vehicles) Regulations, 2004, or the

Waste Management (Electrical and Electronic Equipment)

Regulations, 2007, shall be avoided.

Provided further that producers which, relative to the

size of the market, place very small quantities of batteries or

accumulators on the market for the first time within Malta,

may be exempted on the condition that this does not impede

the proper functioning of the collection systems set up on the

basis of regulation 5 of these regulations and the treatment

and recycling systems set up on the basis of regulation 9 of

these regulations.

(2) Producers, or third parties acting on their behalf,

shall finance any net costs arising from public information

campaigns on the collection, treatment and recycling of all waste

portable batteries and accumulators.

(3) The costs of collection, treatment and recycling

shall not be shown separately to end-users at the time of sale of

new portable batteries and accumulators.

(4) Producers and users of industrial and automotive

batteries and accumulators may conclude agreements stipulating

financing arrangements other than the ones referred to in sub-

regulation (1) of this regulation.

(5) This regulation shall apply to all waste batteries

and accumulators, irrespective of the date of their placing on the

market for the first time within Malta.

(6) Producers supplying batteries and accumulators

by means of distance communication shall also comply with

the requirements set out in this regulation for the batteries and

accumulators supplied in the Member State where the purchaser of

that equipment resides.

(1) Economic operators shall ensure, in particular

through information campaigns, that end-users are fully informed

(a) the potential effects on the environment and human

health of the substances used in batteries and accumulators;

(b) the desirability of not disposing of waste batteries

and accumulators as unsorted municipal waste and of

participating in their separate collection so as to facilitate

treatment and recycling;

(c) the collection systems and treatment and recycling

systems available to them;

(d) their role in contributing to the recycling of waste

batteries and accumulators;

(e) the meaning of the symbol of the crossed-out

wheeled bin shown in Schedule 3 to these regulations and

the chemical symbols Hg, Cd and Pb in accordance with the

Batteries and Accumulators Regulations, 2007

Provided that, where distributors are required to take

back waste portable batteries and accumulators pursuant

to regulation 5 of these regulations, such distributors shall

inform end-users about the possibility of discarding waste

portable batteries or accumulators at their sales points.

End-users of batteries and accumulators and the

holders of waste batteries and accumulators shall co-operate with,

and participate in, any system set up for the collection of waste

batteries and accumulators and facilitate the process of treatment

and recycling. Accordingly, they shall segregate, deposit and return

waste batteries and accumulators as required by the collection

system.

(1) The Competent Authority shall maintain and make

available in accordance with this regulation a register relating to the

producers who register in accordance with regulation 17 of these

regulations and containing information relating to the producer

registration as prescribed in Schedule 5 to these regulations.

(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) 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 30 June 2009 each producer shall apply to the

Competent Authority for registration, and from 1 January 2010

each producer shall register with the Competent Authority by 31

January 2010, and each producer shall register with the Competent

Authority by 31 January each year thereafter.

(2) Where a producer ceases to place batteries and

accumulators on the market for the first time within Malta 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 4 to

these regulations; and

(c) be accompanied by a fee as may be prescribed in

Schedule 8 of the Waste Management (Permit and Control)

Regulations, 2001.

(4) The details provided by a producer in compliance

with the obligations referred to in sub-regulations (1), (2) and (3)

of this regulation shall be included in the Register of Producers to

be maintained by the Competent Authority under regulation 16 of

these regulations.

(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 30 June 2009 each producer who applies for Information and

registration under sub-regulation (1) of regulation 17 of these reporting.

regulations shall provide to the Competent Authority the following

information for the year 2008

(a) the categories of batteries or accumulators which

he has placed on the market for the first time within Malta;

and

(b) the quantities and weight of batteries and

accumulators which he has placed on the market for the first

time within Malta.

(2) By 31 January 2010 each producer shall provide

to the Competent Authority the information referred to in sub-

regulation (1) of this regulation, in respect of batteries and

accumulators placed on the market for the first time within Malta

between 1 January 2009 and 31 December 2009, and thereafter the

information shall be provided by 31 January each year in respect

of the batteries and accumulators which have been placed on the

market for the first time within Malta during the immediately

preceding year.

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

this regulation shall be provided in writing.

(4) The Competent Authority may specify the format

in which such information shall be made available.

(5) The Competent Authority shall make this

information available in accordance with the Freedom of Access to

Information on the Environment Regulations, 2005.

(6) Producers supplying batteries and accumulators

by means of distance communication shall provide the

Competent Authority with information on the compliance with

the requirements of sub-regulation (6) of regulation 13 of these

regulations and with the information referred to in sub-regulation

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

of batteries or accumulators placed on the market for the first

time in the Member State where the purchaser of that battery or

accumulator resides.

Where a producer supplies batteries and accumulators

by means of distance communication he shall

(a) register in accordance with regulation 17 of these

regulations;

(b) notify the Competent Authority at the time of

registration that he supplies batteries and accumulators 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, recycling and environmentally sound

disposal of waste batteries and accumulators deposited at

collection points in the Member State where the purchaser of

the battery or accumulator 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 batteries and accumulators in respect of

which he has made an application to register under regulation 17 of

these regulations, 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

batteries and accumulators under these regulations.

(2) Where sub-regulation (1) of these regulations

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 17 of these regulations; and

(b) undertake to meet the collection targets in

regulation 7 of these regulations.

(1) For the purposes of achieving the objectives, and Agreements.

satisfying the provisions of these regulations, economic operators

may be parties to agreements with the Competent Authority.

(2) 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 made under them examined

in terms of provisions to be made by the Competent

Authority.

(1) Persons who intend to operate a waste batteries

and accumulators collection, treatment and recycling scheme as

required under these regulations, including the collection, sorting,

storage, treatment, export and recycling of waste batteries and

accumulators, on behalf of producers, shall require and obtain a

valid permit from the Competent Authority in terms of the Waste

Management (Permit and Control) Regulations, 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 and Articles of

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 recycling of waste

batteries and accumulators in accordance with the provisions

of these regulations;

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

system adopted in order to ensure the return of waste batteries

and accumulators by consumers;

(e) a financial plan in relation to the proposed scheme;

(f) the annual weights of waste batteries and

accumulators in each category to be collected, treated and

recycled;

(g) the annual collection targets to be achieved under

the proposed scheme;

(h) proposals for determining and verifying the level

of recycling of waste batteries and accumulators as well as

whether the recycling efficiencies referred to in Part B of

Schedule 2 of these regulations have been met 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 the proposed 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 shall be made available.

(4) The Competent Authority shall make this

information available in accordance with the Freedom of Access to

Information on the Environment Regulations, 2005.

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 waste batteries and accumulators collection, treatment

and recycling scheme.

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

authorised waste batteries and accumulators collection, treatment with

and recycling scheme, he shall be required to submit to the waste batteries

Competent Authority a signed agreement with the operator of the and

authorised waste batteries and accumulators collection, treatment and recycling scheme.

and recycling scheme to prove that the scheme complies with the

provisions by these regulations.

(2) By 30 September 2009, 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 waste batteries and accumulators

collection, treatment and recycling scheme, in respect of batteries

and accumulators placed on the market by the producer between

1 January 2008 and 31 December 2008, and thereafter the

information shall be provided by 31 January each year in respect

of the batteries and accumulators which have been placed on the

market for the first time within Malta by the producer during the

immediately preceding year.

(3) The operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme referred

to in sub-regulation (1) of this regulation 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) ensure that all economic operators and all

competent public authorities may participate in the scheme;

(c) ensure that the scheme shall also apply to batteries

and accumulators imported from third countries under non-

discriminatory conditions and shall be designed to avoid

barriers to trade or distortions of competition;

(d) provide the Competent Authority by 30 September

2009 with the information on any measures that the producer

takes to encourage developments affecting the impact of

batteries and accumulators on the environment, in respect of

batteries and accumulators placed on the market for the first

time within Malta by the producer between 1 January 2008

and 31 December 2008, and thereafter such information

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

batteries and accumulators which have been placed on the

market for the first time within Malta by the producer during

the immediately preceding year, in particular

(i) developments, including voluntary steps taken

by the producer, reducing quantities of heavy metals and

other hazardous substances contained in batteries and

accumulators;

(ii)

new recycling and treatment techniques;

(iii) economic operators’ participation in

environmental management schemes;

(iv)

research in those fields; and

(v)

measures taken to promote waste prevention;

(e) provide the Competent Authority by 30 September

2009 with the information referred to in regulations 14 and

16 of these regulations as it applies mutatis mutandis to the

producer, in respect of batteries and accumulators placed on

the market for the first time within Malta by the producer

between 1 January 2008 and 31 December 2008, and

thereafter a statement of compliance shall be provided by 31

January each year in respect of the batteries and accumulators

which have been placed on the market for the first time within

Malta by the producer during the immediately preceding year;

and

(f) provide to the Competent Authority by 30

September 2009 with a statement of compliance of the

producer with the provisions of these regulations, in respect

of batteries and accumulators placed on the market for the

first time within Malta by the producer between 1 January

2008 and 31 December 2008, and thereafter the information

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

batteries and accumulators which have been placed on the

market for the first time within Malta by the producer during

the immediately preceding year.

(4) The Competent Authority may specify the format

in which such information shall be made available.

(5) The Competent Authority shall make this

information available in accordance with the Freedom of Access to

Information on the Environment Regulations, 2005.

Any person shall be guilty of an offence under these

regulations if

(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

regulations shall, on conviction, be liable

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

than one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69), but not exceeding two thousand

and three hundred and twenty-nine euro and thirty-seven cents

(€2,329.37);

(b) on a second conviction or subsequent convictions,

to a fine (multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six hundred

and fifty-eight euro and seventy-five cents (€4,658.75), 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

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.

The Waste Management (Batteries and Accumulators)

Regulations, 2002, are hereby revoked.

2002. B

Schedule 1

(Regulation 7)

Monitoring of compliance with collection targets

Year

Data collection

Calculation of Collection Collection

rate

Target

2009 sales (S1)

-

-

2010 sales (S2)

2011 sales (S3)

2011 collection (C3)

3 x C3 / ( S1 + S2 + S3 )

2012 sales (S4)

2012 collection (C4)

3 x C4 / ( S2 + S3 + S4 )

25 %

2013 sales (S5)

2013 collection (C5)

3 x C5 / ( S3 + S4 + S5 )

30 %

2014 sales (S6)

2014 collection (C6)

3 x C6 / ( S4 + S5 + S6 )

35 %

2015 sales (S7)

2015 collection (C7)

3 x C7 / ( S5 + S6 + S7 )

40 %

2016 sales (S8)

2016 collection (C8)

3 x C8 / ( S6 + S7 + S8 )

45 %

2017 sales (S9)

2017 collection (C9)

3 x C9 / ( S7 + S8 + S9 )

45 %

2018 sales

2018 collection (C10)

3 x C10 / ( S8 + S9 + S10 )

45 %

(S10)

Etc.

Etc.

Etc.

45 %

Etc.

B

Schedule 2

(Regulation 9)

Detailed treatment and recycling requirements

PART A: TREATMENT

1. Treatment shall, as a minimum, include removal of all fluids and acids.

2. Treatment and any storage, including temporary storage, at treatment facilities

shall take place in sites with impermeable surfaces and suitable weatherproof

covering or in suitable containers.

PART B: RECYCLING

3. Recycling processes shall achieve the following minimum recycling

efficiencies

(a) recycling of 65 % by average weight of lead-acid waste batteries and

accumulators, including recycling of the lead content to the highest degree that is

technically feasible while avoiding excessive costs;

(b) recycling of 75 % by average weight of nickel-cadmium waste

batteries and accumulators, including recycling of the cadmium content to the

highest degree that is technically feasible while avoiding excessive costs; and

(c) recycling of 50 % by average weight of other waste batteries and

accumulators.

B

Schedule 3

(Regulation 14)

Symbols for batteries, accumulators and battery packs for separate

collection

The symbol indicating ‘separate collection’ for all batteries and accumulators

shall be the crossed-out wheeled bin shown below

B

Schedule 4

(Regulation 17)

Information to be contained in an application for producer registration

1. The date of the application for registration.

2. The name of the producer and any brand name under which the producer

operates or intends to operate in Malta.

3. The following contact details for the producer

(a) the full postal address (including post code) and telephone number

of

—

the producer’s registered office; or

—

if the producer is not a company registered in Malta, the

producer’s principal place of business in Malta.

(b) a website address; and

(c) where available, a fax number and e-mail address.

4. The name and telephone number of a contact person for the producer, and,

where available, a fax number and e-mail address, for that person.

5. The national identification code of the producer, including the VAT number,

the NACE code, the company registration number and the range of the number of

employees of the company (1-9, 10-29, 30-49, 50-99, 100-149, 150-249, 250-

499, 500+), where applicable.

6. An indication of which categories of batteries or accumulators the producer is

placing or intends to place on the market in Malta.

7. Information as to

(a) whether the producer is meeting or intends to meet its responsibilities

under these Regulations individually or collectively; and

(b) if collectively

— the name of the authorised waste batteries and accumulators

collection, treatment and recycling scheme of which the

producer is a member;

— the name of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme; and

— the address and telephone number of the registered office of the

operator of the authorised waste batteries and accumulators

collection, treatment and recycling scheme or, if not a company

registered in Malta, the principal place of business and

telephone number of the operator of the authorised waste

batteries and accumulators collection, treatment and recycling

scheme in Malta.

8. A signed declaration of the truth of the information provided and the name

and title of the signatory of the declaration.

B

Schedule 5

(Regulation 16)

Public Register

The following information shall be contained in the register in relation to a

producer whose application for registration has been processed by the Competent

Authority under regulation 17 of these regulations.

1. The name of the producer and any brand name under which the producer

operates in Malta.

2. The following contact details for the producer

(a) the full postal address (including post code) and telephone number

the producer’s registered office; or

if the producer is not a company registered in Malta, the

producer’s principal place of business in Malta.

(b) a website address; and

(c) where available, a fax number and e-mail address.

3. An indication of the categories of batteries or accumulators placed on the

market by the producer.

4. Information as to

(a) whether the producer meets its responsibilities under these

Regulations individually or collectively; and

(b) if collectively

the name of the authorised waste batteries and accumulators

collection, treatment and recycling scheme of which the

producer is a member;

the name of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme; and

the address and telephone number of the registered office of the

operator of the authorised waste batteries and accumulators

collection, treatment and recycling scheme or, if not a company

registered in Malta, the principal place of business and

telephone number of the operator of the authorised waste

batteries and accumulators collection, treatment and recycling

B

scheme in Malta.

5. The producer’s registration number.

6. The date of the application for registration.

7. A statement each year as to whether the producer has met his obligation under

regulation 24 of these regulations to furnish a statement of compliance.

€2.70