93 tal-2010 - Regolamenti tal-2010 dwar Ċerti Gassijiet Serra Florinati

L.N. 93 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Certain Fluorinated Greenhouse Gases Regulations, 2010

BY virtue of the powers conferred by articles 9 of the

Environment Protection Act, the Prime Minister has made the

following regulations

The title of these regulations is the Certain Fluorinated

Greenhouse Gases Regulations, 2010.

(1) These regulations contain provisions for the

application of Regulation (EC) No 842/2006 of the European

Parliament and of the Council of 17 May 2006, as amended, on

certain Fluorinated Greenhouse Gases, and all its implementing

acts, hereinafter referred to as “the EC Regulation”.

(2) The provisions of the EC Regulation shall be

implemented and enforced under the Act.

For the purposes of these regulations and of the EC

Regulation, the following definitions shall apply

“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;

“implementing Acts” shall refer to the following

Commission Regulations

a) Commission Regulation (EC) 1493/2007 of

17 December 2007 establishing pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, the format for the report to be submitted by

producers, importers and exporters of certain fluorinated

greenhouse gases;

b) Commission Regulation (EC) 1516/2007 of

19 December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, standard leakage checking requirements for

stationary refrigeration, air conditioning and heat pump

equipment containing certain fluorinated greenhouse

gases;

c) Commission Regulation (EC) 1494/2007 of

17 December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, the form of labels and additional labelling

requirements as regards products and equipment

containing certain fluorinated greenhouse gases;

d) Commission Regulation (EC) 1497/2007 of

18 December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, standard leakage checking requirements

for stationary fire protection systems containing certain

fluorinated greenhouse gases;

e) Commission Regulation (EC) No 303/2008

of 2 April 2008 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, minimum requirements and the conditions

for mutual recognition for the certification of companies

and personnel as regards stationary refrigeration, air

conditioning and heat pump equipment containing

certain fluorinated greenhouse gases;

f) Commission Regulation (EC) No 304/2008 of

2 April 2008 establishing, pursuant to Regulation (EC)

No 842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for

mutual recognition for the certification of companies and

personnel as regards stationary fire protection systems

and fire extinguishers containing certain fluorinated

greenhouse gases;

g) Commission Regulation (EC) No 305/2008

of 2 April 2008 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, minimum requirements and the conditions

for mutual recognition for the certification of personnel

recovering certain fluorinated greenhouse gases from

high-voltage switchgear;

h) Commission Regulation (EC) No 306/2008

of 2 April 2008 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, minimum requirements and the conditions

for mutual recognition for the certification of personnel

recovering certain fluorinated greenhouse gas-based

solvents from equipment;

i) Commission Regulation (EC) No 307/2008 of 2

April 2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the Council,

minimum requirements for training programmes and the

conditions for mutual recognition of training attestations

for personnel as regards air-conditioning systems in

certain motor vehicles containing certain fluorinated

greenhouse gases; and

j) Commission Regulation (EC) No 308/2008 of

2 April 2008 establishing, pursuant to Regulation (EC)

No 842/2006 of the European Parliament and of the

Council, the format for notification of the training and

certification programmes of the Member States.

“logbook” shall refer to a hard bound, consecutively

page numbered book containing

(a) on the first page, the name, I.D. number and

license or permit number of the personnel involved, and

(b) other details as may be approved from time

to time by a notice from the competent authority in the

Gazette;

“personnel involved” includes all producers, importers,

shippers, exporters, persons who handle fluorinated

greenhouse gases in fixed refrigeration and heatpump

equipment, stationary fire protection and fire extinguishers,

high voltage switchgear, foam blowing, as a cleaning

solvent, as propellants and solvents within aerosols, foam

blowing and air conditioning in motor vehicles, 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;

“registration” means, for the purposes of this regulation,

the application by an individual and, or entity with the

competent authority to carry out activities in relation to these

regulations;

“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 EC Regulation. These minimum qualification

requirements will take the form of a course with a duration

and curriculum approved by the Competent Authority and

European Commission respectively; and

(b) duly fill out a logbook, stating all amounts of

fluorinated greenhouse gases recovered, recycled, reclaimed

or destroyed during their day to day operations, together

with the quantities of Fluorinated Greenhouse Gases charged

during the servicing of equipment utilising such substances.

These amounts shall be specified by their weight in Kg

Provided that such amounts may also be subject to

random audits by officials of the competent authority.

(2) Only natural 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 natural 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

Provided that they may also be subject to random audits

by officials of the competent authority.

(1) Should any shipment or export of substances falling

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 L.N. 337 of 2001.

measures adopted following regulation 3 of those regulations.

(1) Existing fixed equipment with more than three Persons owning

kilograms of fluorinated greenhouse gases shall be registered equipment.

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 more than three

kilograms of fluorinated greenhouse gases 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) for

registration purposes.

(3) Any person owning fixed equipment with more

than three kilograms of fluorinated greenhouse gases shall

(a) have this equipment checked for leakages as

stipulated by the EC Regulation; 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 from the 1st

January to the 31st December of the preceding year. The competent

authority shall establish the format of this report in such manner

that -

(a) each shipper shall communicate the following

(i)

the name and serial number of the shipper;

(ii)

the date of shipment;

(iii)

the country of origin;

(iv)

the country of destination;

(v) any quantities of controlled substances

shipped into and out of Malta;

(vi) the nature of the substances differentiating

between virgin, recovered and reclaimed;

(vii) any other details as may be required from

time to time by the Competent Authority by a notice in

the Gazette; and

(b) each user, including any producer who uses such

substances shall communicate the following

(i) the name and serial number of the user;

(ii) quantities used;

(iii) the nature of the substance, differentiating

between virgin, recovered and reclaimed;

(iv) the nature of the use;

(v)

the quantities held in stock;

(vi) any quantities recovered recycled, reclaimed

or destroyed;

(vii) any other details as may be required from

time to time by the Competent Authority by a notice in

the Gazette.

(1) Before the 31st January of each year, persons

who handle fluorinated greenhouse gases in fixed refrigeration

and heatpump equipment, stationary fire protection and fire

extinguishers, high voltage switchgear, solvents, air conditioning in

motor vehicles, and refrigeration technicians shall communicate to

the competent authority the information requested in sub-regulation

9(b) of these regulations, 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) Upon request by the competent authority, persons

who handle fluorinated greenhouse gases in fixed refrigeration

and heatpump equipment, stationary fire protection and fire

extinguishers, high voltage switchgear, solvents, air conditioning

in motor vehicles, and refrigeration technicians shall send copies

of their 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.

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. Such

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 and 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 nature of the use,

(vi)

the quantity,

(vii)

the date of sale by type and quantity,

(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 three 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.

(1) All owners of fixed equipment with more than

three kilograms of fluorinated greenhouse gases shall before the

31st January of each year report the following for each specifically

identified piece of equipment, for the period from the 1st January

to the 31st December of the previous year

(a) all amounts of leakages detected,

(b) actions taken to eliminate such leakages,

(c) quantity and nature of the substances involved,

(d) serial number of personnel involved in terms of the

first two indents 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) Upon request by the competent authority, all

owners of fixed equipment with more than three kilograms of

fluorinated greenhouse gases must 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.

Every year before the 31st January, all entities Entities involved in

involved in the recovery, recycling, reclamation and destruction of recovery,

fluorinated greenhouse gases shall communicate to the competent destruction of

authority data as specified below for each controlled substance in substances.

respect of the period from the 1st January to the 31st December

of the preceding year. These entities shall send copies of their

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.

The log book must contain

(a) name and serial number of the entity,

(b) serial number of the personnel involved in the

consignment of controlled substances for recovery, recycling,

reclamation and destruction,

(c) 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 natural 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 sub-regulation 5(2), shall, after the termination of each course

cycle, provide, within five working days, all the information related

to the course as may be required by the Authority. This information

is to include

(a) name and authorization number of the instruction

body running the course,

(b)

commencement and termination dates of course,

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

successful candidates,

(d)

nature of employment of the successful candidates,

(e) registered business address of the successful

candidates.

(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, all shipments,

imports and exports shall be subject to random checks by the

competent authority. All shippers, importers and exporters must

inform the competent authority about any upcoming shipment,

import or export at least fifteen 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 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 natural 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.

Reporting requirements by various entities are to be Reporting.

carried out as prescribed by the EC Regulation unless further

instructed in these regulations.

A person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of the EC

Regulation or of these regulations, or fails to comply with

conditions of registration 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 the EC Regulation or these

regulations, or

(c) he acts in contravention of any of the provisions of

the EC Regulation or 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

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, one hundred sixty-four euro and sixty-

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

hundred twenty-nine euro and thirty-seven cents (€2,329.37)

and where applicable, the revocation of his, her registration

and confiscation of vehicle or equipment used to perform the

offence;

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

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

twenty-nine euro and thirty-seven cents (€2,329.37), but

not exceeding four thousand, six hundred 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 and where applicable, the revocation of such

person’s licence and confiscation of vehicle or equipment

used to perform 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 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 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.

B

€1.30