ATT DWAR L-AMBJENT U L-IPPJANAR TAL-IŻVILUPP (KAP. 504) Regolamenti ta’ l-2011 dwar l-Iskart TAQSIM TAR-REGOLAMENTI REGOLAMENTI

B

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,748, 10 ta’ Mejju, 2011

Taqsima B

A.L. 184 tal-2011

ATT DWAR L-AMBJENT U L-IPPJANAR TAL-IŻVILUPP

(KAP. 504)

Regolamenti ta’ l-2011 dwar l-Iskart

TAQSIM TAR-REGOLAMENTI

REGOLAMENTI

SUĠĠETT, KAMP TA’

1 - 7

PARTI I

APPLIKAZZJONI U TIFSIRIET

8 - 11

PARTI II

REKWIŻITI ĠENERALI

12 - 18

PARTI III

L-IMMANIĠĠAR TA’ L-ISKART

19 - 27

PARTI IV

PERMESSI U REĠISTRAZZJONI

28 - 31

PARTI V

PJANIJIET U PROGRAMMI

32 - 36

PARTI VI

ISPEZZJONIJIET U REĠISTRI

PARTI VII

DISPOŻIZZJONIJIET FINALI

SKEDA 1

OPERAZZJONIJIET TA’ RIMI

SKEDA 2

OPERAZZJONIJIET TA’ RKUPRU

PROPRJETAJIET TA’ SKART LI

SKEDA 3

JIRRENDUH PERIKOLUŻ

esklużjonijiet mill-ħtiġiet

SKEDA 4

stabbiliti fis-subregolament

(1) sa regolament 24

programmi dwar

SKEDA 5

l-PREVENZJONI TA’ L-Iskart u

L-immaniġġar ta’ L-Iskart

B

EŻEMPJI TA’ MIŻURI TA’

SKEDA 6

PREVENZJONI TAL-ISKART

IMSEMMIJA FIR-REGOLAMENT 36

RESPONSABBILTÀ ESTIŻA TA’

SKEDA 7

PRODUTTURI

PERMESS TA’ KUNSINNA

SKEDA 8

NOTA TA’ KUNSINNA

SKEDA 9

Dikjarazzjoni ta’ konformità

SKEDA 10

MAL-KRITERJI TA’ TMIEM ta’

L-iskart, imsemmija fir-

regolament 7

A.L. 184 tal-2011

ATT DWAR L-AMBJENT U L-IPPJANAR TAL-IŻVILUPP

(KAP. 504)

Regolamenti ta’ l-2011 dwar l-Iskart

BIS-SAĦĦA tas-setgħat mogħtija bl-artikoli 61 u 62 tal-

Att dwar l-Ambjent u l-Ippjanar tal-Iżvilupp, il-Prim Ministru

wara konsultazzjoni ma’ l-Awtorità ta’ Malta dwar l-Ambjent u

l-Ippjanar, għamel dawn ir-regolamenti li ġejjin: -

PARTI I

SUĠĠETT, KAMP TA’ APPLIKAZZJONI U TIFSIRIET

(1) The title of these regulations is the Waste

Regulations, 2011.

(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.

DISPOSAL OPERATIONS

D 1 Deposit into or on to land (e.g. landfill, etc.)

D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils,

etc.)

D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes

or naturally occurring repositories, etc.)

D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into

pits, ponds or lagoons, etc.)

D 5 Specially engineered landfill (e.g. placement into lined discrete cells

which are capped and isolated from one another and the environment, etc.)

D 6 Release into a water body except seas/oceans

D 7 Release to seas/oceans including sea-bed insertion

D 8 Biological treatment not specified elsewhere in this Schedule which

results in final compounds or mixtures which are discarded by means of any of the

operations numbered D 1 to D 12

D 9 Physico-chemical treatment not specified elsewhere in this Schedule

which results in final compounds or mixtures which are discarded by means of any

of the operations numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)

D 10 Incineration on land

D 11 Incineration at sea (*)

D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)

D 13 Blending or mixing prior to submission to any of the operations

numbered D 1 to D 12 (**)

D 14 Repackaging prior to submission to any of the operations numbered D 1

to D 13

D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding

temporary storage, pending collection, on the site where the waste is produced)

(***)

(*) This operation is prohibited by EU legislation and international conventions.

(**) If there is no other D code appropriate, this can include preliminary operations prior to disposal including pre-processing

such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission

to any of the operations numbered D1 to D12.

(***) Temporary storage means preliminary storage according to regulation 4.

B

(1) These regulations bring into effect the provisions

of Directive 2008/98/EC 1 of the European Parliament and of the

Council of 19 November 2008 on waste and repealing Directives

75/439/EEC 2 , 91/689/EEC 3 and 2006/12/EC 4 .

(2) The objective of the Directive is, to protect the

environment and human health by preventing or reducing the

adverse impacts of the generation and management of waste and

by reducing overall impacts of resource use and improving the

efficiency of such use.

RECOVERY OPERATIONS

Use principally as a fuel or other means to generate energy (*)

Solvent reclamation/regeneration

R 3 Recycling/reclamation of organic substances which are not used as

solvents (including composting and other biological transformation processes) (**)

Recycling/reclamation of metals and metal compounds

Recycling/reclamation of other inorganic materials (***)

Regeneration of acids or bases

Recovery of components used for pollution abatement

Recovery of components from catalysts

Oil re-refining or other reuses of oil

R 10 Land treatment resulting in benefit to agriculture or ecological

improvement

R 11 Use of waste obtained from any of the operations numbered R 1 to R 10

R 12 Exchange of waste for submission to any of the operations numbered R

1 to R 11 (****)

R 13 Storage of waste pending any of the operations numbered R 1 to R 12

(excluding temporary storage, pending collection, on the site where the waste is

produced) (*****)

_____

(*) This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency

is equal to or above

- 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

- 0.65 for installations permitted after 31 December 2008,using the following formula

Energy efficiency = (Ep - (Ef + Ei))/(0.97 × (Ew + Ef))

In which

Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied

by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year)

Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year)

Ew means annual energy contained in the treated waste calculated using the net calorific value of the waste (GJ/year)

Ei means annual energy imported excluding Ew and Ef (GJ/year)

0.97 is a factor accounting for energy losses due to bottom ash and radiation.

This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.

(**) This includes gasification and pyrolisis using the components as chemicals.

(***) This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials.

(****) If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-

processing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning,

repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11.

(*****) Temporary storage means preliminary storage according to regulation 4.

(1) The following shall be excluded from the scope of Exclusions.

this Directive

_____

OJ L 312, 22.11.2008, p. 3.

OJ L 194, 25.7.1975, p. 23.

OJ L 377, 31.12.1991, p. 20.

OJ L 114, 27.4.2006, p. 9.

(a) gaseous effluents emitted into the atmosphere;

(b) land (in situ) including unexcavated contaminated

soil and buildings permanently connected with land;

(c) uncontaminated soil and other naturally occurring

material excavated in the course of construction activities

where it is certain that the material will be used for the

purposes of construction in its natural state on the site from

which it was excavated;

(d) radioactive waste;

(e) decommissioned explosives;

(f) faecal matter, if not covered by sub-regulation 2(b)

of this regulation, straw and other natural non-hazardous

agricultural or forestry material used in farming, forestry

or for the production of energy from such biomass through

processes or methods which do not harm the environment or

endanger human health.

(2) The following shall be excluded from the scope

of these regulations to the extent that they are covered by other

national legislation

(a) waste waters;

(b) animal by-products including processed products

covered by Regulation (EC) No 1774/2002 1 , except those

which are destined for incineration, landfilling or use in a

biogas or composting plant;

(c) carcasses of animals that have died other than

by being slaughtered, including animals killed to eradicate

epizootic diseases, and that are disposed of in accordance

with Regulation (EC) No 1774/2002;

(d) waste resulting from prospecting, extraction,

treatment and storage of mineral resources and the working

of quarries covered by the Waste Management (Management

of Waste from Extractive Industries and Backfilling)

Regulations, 2009.

OJ L 273, 10.10.2002, p. 1

(3) Without prejudice to obligations under other

relevant Community and national legislation, sediments relocated

inside surface waters for the purpose of managing waters and

waterways or of preventing floods or mitigating the effects of

floods and droughts or land reclamation, shall be excluded from

the scope of these regulations if it is proved that the sediments are

non-hazardous.

(4) Specific rules for particular instances, or

supplementing those of these regulations, on the management

of particular categories of waste, may be laid down by means of

specific regulations.

PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS

H 1 “Explosive”: substances and preparations which may explode under the

effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.

H 2 “Oxidizing”: substances and preparations which exhibit highly

exothermic reactions when in contact with other substances, particularly flammable

substances.

H 3-A “Highly flammable”

- liquid substances and preparations having a flash point below 21 °C

(including extremely flammable liquids), or

- substances and preparations which may become hot and finally catch

fire in contact with air at ambient temperature without any application of

energy, or

- solid substances and preparations which may readily catch fire after

brief contact with a source of ignition and which continue to burn or to be

consumed after removal of the source of ignition, or

- gaseous substances and preparations which are flammable in air at

normal pressure, or

- substances and preparations which, in contact with water or damp air,

evolve highly flammable gases in dangerous quantities.

H 3-B “Flammable”: liquid substances and preparations having a flash point

equal to or greater than 21 °C and less than or equal to 55 °C.

H 4 “Irritant”: non-corrosive substances and preparations which, through

immediate, prolonged or repeated contact with the skin or mucous membrane, can

cause inflammation.

“Harmful”: substances and preparations which, if they are inhaled or

ingested or if they penetrate the skin, may involve limited health risks.

H 6 “Toxic”: substances and preparations (including very toxic substances

and preparations) which, if they are inhaled or ingested or if they penetrate the skin,

may involve serious, acute or chronic health risks and even death.

H 7 “Carcinogenic”: substances and preparations which, if they are inhaled

or ingested or if they penetrate the skin, may induce cancer or increase its incidence.

B

“Corrosive”: substances and preparations which may destroy living

tissue on contact.

H 9 “Infectious”: substances and preparations containing viable micro-

organisms or their toxins which are known or reliably believed to cause disease in

man or other living organisms.

H 10 “Toxic for reproduction”: substances and preparations which, if they

are inhaled or ingested or if they penetrate the skin, may induce non-hereditary

congenital malformations or increase their incidence.

H 11 “Mutagenic”: substances and preparations which, if they are inhaled

or ingested or if they penetrate the skin, may induce hereditary genetic defects or

increase their incidence.

H 12 Waste which releases toxic or very toxic gases in contact with water, air

or an acid.

H 13 (*) “Sensitizing”: substances and preparations which, if they are inhaled

or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization

such that on further exposure to the substance or preparation, characteristic adverse

effects are produced.

H 14 “Ecotoxic”: waste which presents or may present immediate or delayed

risks for one or more sectors of the environment.

H 15 Waste capable by any means, after disposal, of yielding another

substance, e.g. a leachate, which possesses any of the characteristics listed above.

Notes

1. Attribution of the hazardous properties “toxic” (and “very toxic”),

“harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”,

“mutagenic” and “eco-toxic” is made on the basis of the criteria laid down by Annex

VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws,

regulations and administrative provisions relating to the classification, packaging

and labelling of dangerous substances 1 .

2. Where relevant the limit values listed in the Second Schedule and Third

Schedule of the Dangerous Substances and Preparations Regulations of 2007 ( L.N.

10 of 2007).

Test method

The methods to be used are described in Annex V to Directive 67/548/EEC

and in other relevant CEN-notes.

_____

(*) As far as testing methods are available

OJ 196, 16.8.1967, p. 1.

In these regulations, unless the context otherwise

requires

“the Act” means the Environment and Development

Planning Act;

“after-care obligations” means the duties which the

competent authority may require a waste operator to carry out

under regulation 22 of these regulations;

“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;

“applicant” means any person who applies for an

environmental permit as the case may be under these

regulations;

“best available techniques” means best available

techniques as defined in regulation 2 of the Integrated

Pollution Prevention and Control Regulations, 2002;

“bio-waste” means biodegradable garden and park

waste, food and kitchen waste from households, restaurants,

caterers and retail premises and comparable waste from food

processing plants;

“broker” means any undertaking arranging the recovery

or disposal of waste on behalf of others, including such

brokers who do not take physical possession of the waste;

“carrier” means the person who collects and carries out

the transport, other than shipments of waste;

“collection” means the gathering of waste, including the

preliminary sorting and preliminary storage of waste for the

purposes of transport to a waste treatment facility;

“co-mingled collection” means the collection of waste

streams intended for recycling together with each other but

separately from other waste;

“commercial waste” means waste from premises used

wholly or mainly for the purposes of a trade or business or the

purposes of sport, recreation or entertainment, excluding

(a)

household waste;

(b)

industrial waste;

(c) extractive waste as defined in sub-regulation

(1) of regulation 3 of the Waste Management

(Management of Waste from Extractive Industries and

Backfilling) Regulations, 2009;

(d) waste of any other description deemed as not

commercial by the competent authority;

“the Community” means the European Community;

“the Competent Authority” has the same meaning as ‘the

authority’ as defined in article 2 of the Act;

“consignee” means any natural or legal person who

receives a waste consignment for recovery or disposal;

“consignment note” means a note that is to accompany

the consignment of hazardous or non-hazardous waste, in the

form set out in Schedule 9;

“consignment permit” means a permit that is to be

obtained from the competent authority prior to a consignment

of hazardous or non-hazardous waste;

“consignor” means any natural or legal person who

initiates the transport, other than shipment, of waste, by

requiring that the waste be removed from the place at

which it is being held;

“dealer” means any undertaking which acts in

the role of principal to purchase and subsequently sell

waste, including such dealers who do not take physical

possession of the waste;

“disposal” means any operation which is not

recovery even where the operation has as a secondary

consequence the reclamation of substances or energy.

Schedule 1 sets out a non-exhaustive list of disposal

operations;

“enforcement notice” means the notification

document that shall be served on a permit holder who is

deemed by the Competent Authority to be, or likely to be,

in breach of his permit conditions or these regulations in

general;

“hazardous waste” means waste which displays one

or more of the hazardous properties listed in Schedule 3;

“household waste” means waste from

(a) domestic property, that is to say, a

building or self-contained part of a building

which is used wholly for the purposes of living

accommodation;

(b) a residential home;

(c) premises forming part of a university or

school or other educational establishment;

(d) premises forming part of a hospital or

nursing home.

“industrial waste” means waste from any of the

following premises

(a) any work place as defined in article 2(1)

of the Occupational Health and Safety Authority

Act;

(b) any premises used for the purposes of, or in

connection with, the provision to the public of transport

services by land, water or air;

(c) any premises used for the purposes of, or in

connection with, the supply to the public of gas, water

or electricity or the provision of sewerage services; or

(d) any premises used for the purposes of, or in

connection with, the provision to the public of postal or

telecommunications services;

“the Minister” means the Minister responsible for the

environment;

“municipal solid waste” means waste from households,

as well as other commercial, industrial and institutional

wastes which, because of its nature or composition, is similar

to waste from households;

“permit holder” means a person who has sought and

obtained a permit from the competent authority;

“permit” means any permit issued by the competent

authority under regulation 19 of these regulations;

“preparing for re-use” means checking, cleaning

or repairing recovery operations, by which products or

components of products that have become waste are prepared

so that they can be re-used without any other pre-processing;

“prevention” means measures taken before a substance,

material or product has become waste, that reduce

(a) the quantity of waste, including through the

re-use of products or the extension of the life span of

products;

(b) the adverse impacts of the generated waste on

the environment and human health; or

(c) the content of harmful substances in materials

and products;

“recovery” means any operation the principal result of

which is waste serving a useful purpose by replacing other

materials which would otherwise have been used to fulfil a

particular function, or waste being prepared to fulfil that

function, in the plant or in the wider economy. Schedule 2

sets out a non-exhaustive list of recovery operations;

“recycling” means any recovery operation by which

waste materials are reprocessed into products, materials

or substances whether for the original or other purposes. It

includes the reprocessing of organic material but does not

include energy recovery and the reprocessing into materials

that are to be used as fuels or for backfilling operations;

“regeneration of waste oils” means any recycling

operation whereby base oils can be produced by refining

waste oils, in particular by removing the contaminants, the

oxidation products and the additives contained in such oils;

“remedial notice” means the notification document

served upon a permit holder when the competent authority

considers that the conditions of his permit are no longer

adequate, or that his permitted waste production or waste

management activity poses an unforeseen risk to human

health or the environment;

“re-use” means any operation by which products or

components that are not waste are used again for the same

purpose for which they were conceived;

“separate collection” means the collection where a waste

stream is kept separately by type and nature so as to facilitate

a specific treatment;

“shipment” is as defined in Article 2 (34) of Regulation

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

Council of 14 June 2006 on shipments of waste 1 ;

“treatment” means recovery or disposal operations,

including preparation prior to recovery or disposal;

“waste holder” means the waste producer or the natural

or legal person who is in possession of the waste;

OJ L 190, 12.7.2006, p. 1–98

“waste management” means the collection, transport,

recovery and disposal of waste, including the supervision

of such operations and the after-care of disposal sites, and

including actions taken as a dealer or broker;

“waste oils” means any mineral or synthetic lubrication

or industrial oils which have become unfit for the use for

which they were originally intended, such as used combustion

engine oils and gearbox oils, lubricating oils, oils for turbines

and hydraulic oils;

“waste producer” means anyone whose activities

produce waste (original waste producer) or anyone who

carries out pre-processing, mixing or other operations

resulting in a change in the nature or composition of this

waste;

“waste” means any substance or object which the holder

discards or intends or is required to discard.

EXCLUSIONS FROM THE REQUIREMENTS LAID DOWN IN

REGULATION 24(1)

Part 1

Establishments or undertakings carrying out the following operations shall be

excluded from the requirements laid down in sub-regulation (1) of regulation 24

1. Disposal or recovery of their own non-hazardous waste on the site of

generation;

2. Temporary storage, that is, for a maximum of six months, of inert and

other non-hazardous waste, on the site of generation;

Part 2

Activities excluded from the requirements laid down in sub-regulation (1) of

regulation 24

3. Generation and management of waste at the household

(1) The generation and management of household waste by the householder

generating that waste.

(2) The generation of hazardous wastes in quantities typically found in

household waste.

(3) The storage of any wastes mentioned in (1) and (2) for recycling or

disposal, for a period not longer than 1 calendar month.

(4) The transport, by means of private cars, of any wastes mentioned in (1)

and (2) to authorized disposal/collection facilities.

Provided that

(a) Waste is disposed of at a designated waste collection point, and

temporary storage of waste is done within the premises where waste is being

generated and in line with any other requirements of these regulations; and

(b) A householder in (1) is also taken to mean any person generating

waste in a camper or private boat or similar.

4. Generation and management of waste other than in households

B

(1) The generation and management, by industrial, commercial,

administrative and social establishments and institutions (including: churches,

religious organizations, offices, shops, schools, restaurants, entertainment

establishments, farms and waste arising from one-off social activities), of waste.

(2) The generation of hazardous wastes by the establishments mentioned in

(1) above in quantities typically found in household waste.

Provided that

(a) The secure storage of waste in appropriate containers.

(b) The management of the generated waste is done within the premises

where it is generated.

(c) The transportation of waste is carried out by means of an authorized

waste carrier.

(d) The transportation of any category of waste is done to an authorized

facility.

(e) The generation of hazardous wastes in quantities greater than 10

kilograms per day is subject to registration providing details about quantities,

type and how this waste will be managed (i.e. secure storage and disposal

method).

(f) The Competent Authority is notified prior to the movement of waste

that requires prior notification in line with regulation 14 of these regulations or

any other legislation adding to or replacing them.

(g) The provisions of this paragraph do not apply to establishments

generating more than 5 tonnes of waste per day and undertakings listed in

paragraph 2 of this schedule or any other legislation adding to or replacing

them.

5. Composting biodegradable waste

(1) Composting biodegradable waste at the place where the waste is

produced or where the compost is to be used, including home composting, if the

total quantity of waste being composted at that place at any time does not exceed 25

cubic metres.

(2) The storage of biodegradable waste that is to be composted if that storage

is at the place where the waste is produced or is to be composted.

(3) In this paragraph, “composting” includes any biological transformation

process that results in materials that may be spread on land for the benefit of

agriculture or ecological improvement.

6. Storage of returned faulty goods

The storage of returned goods that are waste, for a period not exceeding one

month, by their manufacturer, distributor or retailer, where either –

(a) they are intended for reuse or submission to a recovery operation; or

(b) they are being stored, at the place where the intention to discard

them was formed, pending their disposal.

7. Healthcare waste (including waste pharmaceuticals and medicines)

(1) The generation and handling of healthcare waste by a pharmacy or a

medical, nursing, dental, or veterinary practice within their own premises.

(2) The secure storage at a pharmacy, or any other authorised facility,

pending their disposal, of waste medicines (including those which are hazardous

waste) which have been returned from households or by individuals if -

(a) the total quantity of such returned waste medicines at the pharmacy

or any other authorised facility does not exceed 5 cubic metres at any time;

and

(b) any waste medicine so returned to the pharmacy or other authorised is

not stored there for longer than 12 months.

(c) in the case of the storage of hazardous waste exceeding 1 tonne,

registration should be accompanied by a site plan showing the location on

the premises where this storage is being effected as well as a description of

measures taken to ensure safe storage of the wastes.

(d) all pharmaceutical waste is removed from premises by an authorised

healthcare waste carrier; and

(e) a full audit trail of waste that leaves the premises shall be kept.

(3) The storage at the authorised premises of a medical, nursing, dental

or veterinary practice of healthcare/clinical waste (including hazardous waste)

produced in carrying on that practice provided that

B

(a) storage of healthcare waste at ambient temperature conditions is

limited to a maximum permitted storage period on premises of 24 hours;

(b) waste stored in refrigerated conditions may be stored on premises

for a maximum period of 7 days;

(c) amalgam waste generated by dental clinics is stored under water;

(d) amalgam waste is stored on premises for a maximum period of 1

calendar year;

(e) all healthcare waste is removed from the premises by an authorised

waste carrier;

(f) healthcare waste is passed on to authorised carriers in rigid

containers that are capable of withstanding the transit from the premises to the

destination disposal facility without allowing any waste to escape;

(g) the total quantity of healthcare waste at the premises does not at any

time exceed 10 cubic metres; and

(h)

a full audit trail of waste that leaves the premises shall be kept.

8. Samples of waste

The deposit or storage of samples of waste, including samples of waste which

is hazardous waste, which are being or are to be subjected to testing and analysis,

at any place where they are being or are to be tested or analysed, if the samples are

(a) in the exercise of any power under the Act;

(b) by or on behalf of the holder of a waste management permit in

pursuance of the conditions of that permit;

(c) by or on behalf of a person carrying on an activity to determine the

constituents or characteristics of such waste as part of an activity linked with

(a) and (b) above.

9. Burial of pets

(1) Subject to sub-paragraph (2) below, the burial of a dead domestic pet up

to 40 kilograms in weight in the garden of a domestic property where the pet lived

or in land owned by the owner of the pet.

(2) This paragraph does not apply if –

(a) the dead domestic pet may prove hazardous to anyone who may

come into contact with it; or

(b) the burial is carried out by an establishment or undertaking (such as

a veterinary clinic).

10. Management of waste from public recreation activities

(1) The generation and management of waste similar to household waste,

in public places as a result of small scale public recreation activities that involve

householders generating and managing waste outside their households, and

specifically excluding one-off large scale social activities (including feasts, mass

rallies, etc.) that would otherwise be covered by paragraph 2 of this Schedule.

(2) The generation of hazardous wastes in quantities typically found in

household waste.

(3) The transport by means of private cars, of any wastes mentioned in

subparagraphs (1) and (2) to authorized disposal/collection facilities.

Provided that

(a) any waste produced by householders during the activity outside their

household should be managed in line with the requirements of paragraph 1.

(b) no waste is to escape in any way into public areas at any time from

the time the waste is being generated to the time the waste is being disposed of

in an appropriate manner.

(c) littering of public places is prevented.

B

(1) A substance or object, resulting from a production

process, the primary aim of which is not the production of that

item, may be regarded as not being waste as defined by regulation

4 but as being a by-product only if the following conditions are

met

(a) further use of the substance or object is certain;

(b) the substance or object can be used directly without

any further processing other than normal industrial practice;

(c) the substance or object is produced as an integral part

of a production process; and

(d) further use is lawful, i.e. the substance or object

fulfils all relevant product, environmental and health

protection requirements for the specific use and will not lead

to overall adverse environmental or human health impacts.

WASTE PREVENTION PROGRAMMES AND

WASTE MANAGEMENT PLANS

Part 1

Objectives

Overall objective

1. To protect the environment and human health by preventing or reducing

the adverse impacts of the generation and management of waste and by reducing the

overall impacts of resource use and improving the efficiency of such use.

Waste Hierarchy

2. (1) The following waste hierarchy shall apply as a priority order in waste

prevention and management legislation and policy

(a) prevention;

(b)

preparing for re-use;

(c) recycling;

(d)

other recovery, e.g. energy recovery; and

(e) disposal.

(2) When applying the waste hierarchy referred to in sub-regulation (1)

of this regulation, the Competent Authority shall take measures to encourage the

options that deliver the best overall environmental outcome. This may require

specific waste streams departing from the hierarchy where this is justified by life-

cycle thinking on the overall impacts of the generation and management of such

waste.

The Competent Authority shall take into account the general environmental

protection principles of precaution and sustainability, technical feasibility and

economic viability, protection of resources as well as the overall environmental,

human health, economic and social impacts.

(3) The Competent Authority shall ensure that the development of waste

legislation and policy is a fully transparent process, observing existing national rules

about the consultation and involvement of citizens and stakeholders.

B

Protection of human health and the environment

3. To ensure that waste management is carried out without endangering

human health, without harming the environment and, in particular

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c)

without adversely affecting the countryside or places of special

interest.

Principles of self-sufficiency and proximity

4. (1) To establish an integrated and adequate network of waste disposal

installations and of installations for the recovery of mixed municipal waste collected

from private households, including where such collection also covers such waste

from other producers, taking into account best available techniques.

(2) The network shall be designed to enable the Community as a whole

to become self-sufficient in waste disposal as well as in the recovery of mixed

municipal waste collected from private households, and to enable Malta to move

towards that aim individually, taking into account geographical circumstances or the

need for specialised installations for certain types of waste.

(3) The network shall enable waste to be disposed of or waste referred to in

paragraph 1 to be recovered in one of the nearest appropriate installations, by means

of the most appropriate methods and technologies, in order to ensure a high level of

protection for the environment and public health.

(4) This provision does not require that the full range of recovery facilities

are located in the Malta.

Part 2

Matters which must be included in waste management plans

Analysis of current waste management situation

5. An analysis of the current waste management situation in Malta, as well

as the measures to be taken to improve environmentally sound preparing for re-use,

recycling, recovery and disposal of waste and an evaluation of how the plan will

support the implementation of the objectives and provisions of these regulations.

B

General policies in relation to waste

6. The waste management plans shall contain, as appropriate and taking

into account the geographical level and coverage of the planning area, at least the

following

(a) the type, quantity and source of waste generated within the

Malta, the waste likely to be shipped from or to the national territory, and an

evaluation of the development of waste streams in the future;

(b) existing waste collection schemes and major disposal and recovery

installations, including any special arrangements for waste oils, hazardous

waste or waste streams addressed by specific national and community

legislation;

(c) an assessment of the need for new collection schemes, the closure

of existing waste installations, additional waste installation infrastructure

in accordance with regulation 16, and, if necessary, the investments related

thereto;

(d) sufficient information on the location criteria for site identification

and on the capacity of future disposal or major recovery installations, if

necessary;

(e) general waste management policies, including planned waste

management technologies and methods, or policies for waste posing specific

management problems.

Policies in relation to packaging waste

7. In pursuance of the objectives and measures laid down in the Packaging

and Packaging Waste Regulations, 2006 a chapter on the management of packaging

and packaging waste.

Policies in relation to separate collection

8. Measures to promote high quality recycling and, to this end, shall set up

separate collections of waste where technically, environmentally and economically

practicable and appropriate to meet the necessary quality standards for the relevant

recycling sectors.

Policies in relation to bio-waste

9. Measures, as appropriate, and in accordance with paragraph 3 of this

schedule, to encourage

(a) the separate collection of bio-waste with a view to the composting

and digestion of bio-waste;

(b) the treatment of bio-waste in a way that fulfils a high level of

environmental protection;

(c) the use of environmentally safe materials produced from bio-waste.

Policies in relation to re-use

10. Measures, as appropriate, to promote the re-use of products and preparing

for re-use activities, in particular

(a) measures to encourage the establishment and support of re-use and

repair networks,

(b) the use of economic instruments,

(c) the use of procurement criteria,

(d) the setting of quantitative objectives.

Policies in relation to recovery

11. The necessary measures to ensure that waste undergoes recovery

operations in accordance with part 1 of this schedule.

Re-use, Recycling and recovery targets

12. The necessary measures to achieve the following targets by 2020

(a) the preparing for re-use and the recycling of paper, metal, plastic

and glass from households, shall be increased to a minimum of overall 50 %

by weight;

(b) the preparing for re-use, recycling and other material recovery,

including backfilling operations using waste to substitute other materials,

of non-hazardous construction and demolition waste excluding naturally

occurring material defined in category 17 05 04 in the list of waste 1 shall be

increased to a minimum of 70 % by weight.

Cooperation

13. Cooperation as appropriate with other competent authorities and Member

States concerned and the Commission to draw up the waste management plans and

the waste prevention programmes in accordance with regulations 29 and 30.

OJ L 226, 6.9.2000, p. 3

B

Part 3

Matters which may be included in waste management plans

Matters which may be included in waste management plans

14. Taking into account the geographical level and geographical area to

which the statement relates

(a) organisational aspects related to waste management, such as

collection frequency and collection times, including a description of the

allocation of responsibilities between public and private actors carrying out

waste management;

(b) an evaluation of the usefulness and suitability of the use of

economic and other instruments in tackling various waste problems, taking into

account the need to maintain the smooth functioning of the internal market;

(c) the use of awareness campaigns and information provision directed

at the general public or at a specific set of consumers;

(d) historical contaminated waste disposal sites and measures for their

rehabilitation.

Policies in relation to waste oils

15. Measures, as appropriate, and in accordance with paragraph 3 of this

schedule, to encourage the regeneration of waste oils where technically feasible.

B

(1) Waste shall cease to be waste within the meaning of

regulation 4 when it has undergone a recovery, including recycling,

operation and complies with the following conditions

(a) the substance or object is commonly used for

specific purposes;

(b)

a market or demand exists for such a substance or

object;

(c) the substance or object fulfils the technical

requirements for the specific purposes and meets the existing

legislation and standards applicable to products;

(d) the use of the substance or object will not lead to

overall adverse environmental or human health impacts; and

(e) the substance or object shall be accompanied by a

declaration as set out in Schedule 10.

(2) Where end-of-waste criteria have not been set at

Community level, the competent authority shall decide on a case

by case basis whether a certain waste has ceased to be a waste and

may also develop specific criteria for certain waste streams. The

criteria developed by the competent authority shall include limit

values for pollutants where necessary and shall take into account

any possible adverse environmental effects of the substance or

object.

(3) In cases where, legislation and standards applicable

to products do not exist for a recovered waste, the holder is to

declare that legislation and standards applicable to products do not

exist for that substance or object.

(4) In cases where, the substance or object is to be

further treated to remove foreign materials prior to being used as a

raw material in an industrial process, that substance or object shall

not cease to be a waste within the meaning of regulation 4.

(5) Waste which ceases to be waste in accordance with

sub-regulation (1) of this regulation, shall also cease to be waste

for the purpose of the recovery and recycling targets set out in the L.N.

Packaging and Packaging Waste Regulations, 2006, Electrical and L.N. 99 of 2004.

Electronic Equipment Regulations, 2007, End of Life Vehicles L.N. 55 of 2010.

Regulations, 2004 and Batteries and Accumulators Regulations,

2010 and other relevant Community legislation when the recycling

or recovery requirements of that legislation are satisfied.

EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO

IN REGULATION 36

Measures that can affect the framework conditions related to the generation

of waste

1. The use of planning measures, or other economic instruments

promoting the efficient use of resources.

2. The promotion of research and development into the area of achieving

cleaner and less wasteful products and technologies and the dissemination and

use of the results of such research and development.

3. The development of effective and meaningful indicators of the

environmental pressures associated with the generation of waste aimed at

contributing to the prevention of waste generation at all levels, from product

comparisons at Community level through action by local authorities to national

measures.

Measures that can affect the design and production and distribution phase

4. The promotion of eco-design (the systematic integration of

environmental aspects into product design with the aim to improve the

environmental performance of the product throughout its whole life cycle).

5. The provision of information on waste prevention techniques with a

view to facilitating the implementation of best available techniques by industry.

6. Organise training of competent authorities as regards the insertion

of waste prevention requirements in permits under these regulations and the

Integrated Pollution Prevention and Control Regulations, 2002.

7. The inclusion of measures to prevent waste production at installations

not falling under the Integrated Pollution Prevention and Control Regulations,

2002. Where appropriate, such measures could include waste prevention

assessments or plans.

8. The use of awareness campaigns or the provision of financial, decision

making or other support to businesses. Such measures are likely to be particularly

effective where they are aimed at, and adapted to, small and medium sized

enterprises and work through established business networks.

B

9. The use of voluntary agreements, consumer/producer panels or sectoral

negotiations in order that the relevant businesses or industrial sectors set their own

waste prevention plans or objectives or correct wasteful products or packaging.

10. The promotion of creditable environmental management systems,

including EMAS and ISO 14001.

Measures that can affect the consumption and use phase

11. Economic instruments such as incentives for clean purchases or the

institution of an obligatory payment by consumers for a given article or element of

packaging that would otherwise be provided free of charge.

12. The use of awareness campaigns and information provision directed at

the general public or a specific set of consumers.

13. The promotion of creditable eco-labels.

14. Agreements with industry, such as the use of product panels such as

those being carried out within the framework of Integrated Product Policies or with

retailers on the availability of waste prevention information and products with a

lower environmental impact.

15. In the context of public and corporate procurement, the integration of

environmental and waste prevention criteria into calls for tenders and contracts,

in line with the Handbook on environmental public procurement published by the

Commission on 29 October 2004.

16. The promotion of the reuse and/or repair of appropriate discarded

products or of their components, notably through the use of educational, economic,

logistic or other measures such as support to or establishment of accredited repair

and reuse-centres and networks especially in densely populated regions.

(1) Commission Decision 2000/532/EC 1 establishing

a list of wastes shall apply. The list of waste shall be binding as

regards determination of the waste which is to be considered as

hazardous waste. The inclusion of a substance or object in the list

_____

OJ L 226, 6.9.2000, p. 3

shall not mean that is waste in all circumstances. A substance or

object shall be considered to be waste only if it conforms with the

definition in regulation 4.

(2) The competent authority may consider waste as

hazardous waste where, even though it does not appear as such in

Commission Decision 2000/532/EC, it displays one or more of the

properties listed in Schedule 3.

(3) Where the competent authority has evidence to

show that a specific waste listed in Commission Decision 2000/532/

EC as hazardous waste does not display any of the properties listed

in Schedule 3, it may consider that waste as non-hazardous waste.

(4) The reclassification of hazardous waste as non-

hazardous waste may not be achieved by diluting or mixing the

waste with the aim of lowering the initial concentrations of

hazardous substances to a level below the thresholds for defining

waste as hazardous laid down in Commission Decision 2000/532/

EC.

(5) The competent authority may consider waste as

non-hazardous waste in accordance with Commission Decision

2000/532/EC referred to in sub-regulation (1) of this regulation.

PART II

GENERAL REQUIREMENTS

EXTENDED PRODUCER RESPONSIBILITY

(1) The Competent Authority may introduce legislative measures to ensure

that producers of oils, tyres and other specific products not regulated by existing

national or Community legislation, or third parties acting on their behalf, with

respect to waste oils arising from their activities, use existing systems or set up

systems, individually or collectively, or both, in accordance with any existing laws

and regulations, to provide for

(a) the return and, or collection of waste from the consumer, other final

user, or from the waste stream in order to channel it to the most appropriate

waste management alternatives;

(b) the recovery, including regeneration in the case of waste oils, where

technically feasible and economically viable of the waste collected.

(2) For the purposes of achieving the objectives, and satisfying the provisions

of sub-regulation (1) hereof, the Competent Authority may, with respect to waste

arising from their activities, require producers of specific products to

(a) provide adequate facilities at their premises or at other designated

areas or premises for the deposition of waste by customers at no net cost to the

latter, and for the reception, segregation and storage of waste;

(b) display a notice on such areas or premises indicating that waste of

the type put on the market by the producer will be accepted, free of charge;

(c) accept from any person, waste of the type of products supplied by

that producer;

(d) arrange for the collection of waste from any other producer to whom

products are supplied by the producer;

(e) arrange for the waste so accepted and/or collected to be

(i)

taken back by a supplier of such products, or

(ii) recovered by the producer or by an operator of an authorised

waste oils recovery scheme, or

(iii) made available for regeneration or recovery, namely that it

is segregated, offered to regenerators or recoverers and stored pending

collection by a regenerator or recoverer.

B

(1) The competent authority shall take into account

the technical feasibility and economic viability and the overall

environmental, human health and social impacts, respecting

the need to ensure the proper functioning of the internal market

when applying extended producer responsibility. The competent

authority may introduce legislative measures for specific products,

such as oils and tyres, in accordance with Schedule 7. In the

case of the introduction of such measures, waste producers may

be exempt partly or wholly from financing the costs of waste

management in accordance with sub-regulation (7) of regulation

12, should it be decided that the costs of waste management be

borne partly or wholly by the producer of the product from which

the waste came and that the distributors of such products may share

these costs.

(2) The extended producer responsibility shall

be applied without prejudice to the responsibility for waste

management as provided for in sub-regulation (1) of regulation 12

and without prejudice to existing waste stream specific and product

specific Community or Maltese legislation.

CONSIGNMENT PERMIT – DETAILS TO BE FILLED IN BY

CONSIGNOR, CARRIER AND CONSIGNEE

B

B

(1) An establishment or undertaking which collects,

transports or receives waste which has been separately collected

shall not mix that waste with other waste or other material with

different properties.

(2) The prohibition in sub-regulation (1) of this

regulation applies only where keeping waste separate facilitates or

improves recovery.

CONSIGNMENT NOTE – DETAILS TO BE FILLED IN BY CONSIGNOR,

CARRIER AND CONSIGNEE

B

B

(1) Subject to regulation 9, local councils shall by the

31st December, 2013 set up separate collection (which includes co-

mingled collection) for at least the following

(a) paper,

(b) metal,

(c) plastic and

(d) glass, in order to promote high quality recycling.

(2) Any carrier registered in accordance with the

Waste Management (Activity Registration) Regulations, 2007 to L.N. 106 of 2007.

carry waste as defined in regulation 4 and collects waste paper,

metal, plastic or glass separately, must keep all fractions collected

separated.

(3) The duties in this regulation apply only where they

are

(a) technically, environmentally and economically

practicable; and

(b) appropriate to meet the quality standards

necessary for recycling.

END-OF-WASTE CRITERIA DECLARATION, REFERRED TO IN REGULATION 7

1. Waste Producer

2. Recovery facility

Registration No.

Registration No.

Environmental Permit No.

Name

Name

Address

Address

Contact Person

Contact Person

Tel.

Fax

Tel.

Fax

E-mail

E-mail

3. Waste recovered

EWC code

Quantity (kg)

4. Recovery Operation

R code ( 1 )

Technology employed ( 2 )

5. Percentage of foreign material/pollutants present in the recovered substance if applicable ( 3 )

Pollutant

Quantity (mg/kg)

6. Does the substance require further treatment prior to use

No !

Yes (please specify) !

.

.

Refer to Schedule 2 of L.N. XX of 2010.

Attach details if necessary.

The competent authority reserves the right to refuse an end-of-waste certification should the percentage of

foreign material/pollutant lead to possible adverse environmental effects of the substance or object.

B

7. a) Market use (demand)

b) Customs code(s) (HS)

8. Relevant contractual agreements, legislation and standards applicable to the substance ( 4 ): (Where

relevant, main technical provisions of a customer specification such as composition, size, type and properties)

9. Generator’s/Producer’s declaration

I certify that the information is complete and correct to my best knowledge.

Generator’s/producer’s name

Signature

Date

FOR USE BY THE COMPETENT AUTHORITY

10. Approval from the Malta Environment and Planning Authority

Documentation received on

Certification approved

No !

Yes !

Stamp and/or signature

Attach relevant documentation and/or certification, clearly showing that the substance or object fulfils the

technical requirements for the specific purposes and meets the existing legislation and standards applicable or

a declaration that no such standards apply to the product that has achieved end-of-waste status.

B

B

€4.86

The Competent Authority shall ensure that, where

recovery in accordance with Part 2 of Schedule 4 is not undertaken,

waste undergoes safe disposal operations which meet the

provisions laid down in Part 1 of Schedule 4 on the protection of

human health and the environment.

PART III

WASTE MANAGEMENT

Statement of conformity

with the DECLARATION,

end-of-waste criteria,

referred to TO

in regulation

END-OF-WASTE

CRITERIA

REFERRED

IN REGULATION

Dikjarazzjoni ta’ konformità mal-kriterji tat-tmiem ta’ skart, imsemmija

fir-regolament 7

1. Waste Producer

2. Recovery facility

Registration No.

Registration No.

Environmental Permit No.

Name

Name

Address

Address

Contact Person

Contact Person

Tel.

Fax

Tel.

Fax

E-mail

E-mail

3. Waste recovered

EWC code

Quantity (kg)

4. Recovery Operation

R code ( 1 )

Technology employed ( 2 )

5. Percentage of foreign material/pollutants present in the recovered substance if applicable ( 3 )

Pollutant

Quantity (mg/kg)

6. Does the substance require further treatment prior to use

No !

Yes (please specify) !

Refer to Schedule 2 of L.N. XX of 2010.

Attach details if necessary.

The competent authority reserves the right to refuse an end-of-waste certification should the percentage of

foreign material/pollutant lead to possible adverse environmental effects of the substance or object.

B

7. a) Market use (demand)

b) Customs code(s) (HS)

8. Relevant contractual agreements, legislation and standards applicable to the substance ( 4 ): (Where

relevant, main technical provisions of a customer specification such as composition, size, type and properties)

9. Generator’s/Producer’s declaration

I certify that the information is complete and correct to my best knowledge.

Generator’s/producer’s name

Signature

Date

FOR USE BY THE COMPETENT AUTHORITY

10. Approval from the Malta Environment and Planning Authority

Documentation received on

Certification approved

No !

Yes !

Stamp and/or signature

Attach relevant documentation and/or certification, clearly showing that the substance or object fulfils the

technical requirements for the specific purposes and meets the existing legislation and standards applicable or

a declaration that no such standards apply to the product that has achieved end-of-waste status.

(1) It shall be the duty of any original waste producer

or other waste holder who carries out the treatment of waste himself

or has the treatment handled by a dealer or an establishment

or undertaking which carries out waste treatment operations or

arranged by a private or public waste collector to ensure that the

waste is managed, in accordance with Part 1 of Schedule 4 and the

conditions attached to any permit.

(2) It shall be the duty of any original waste producer

or other waste holder to

(a) prevent any contravention of these regulations;

(b) prevent the escape of such waste from his control

or that of any other person;

(c) ensure that such waste is managed by a person who

is in possession of a permit.

(3) Sub-regulations (1) and (2) of this regulation shall

not apply to an occupier of a household as respects the household

waste produced on the property.

(4) It shall be the duty of the occupier of a household

to take all such measures available to him as are reasonable in the

circumstances to secure that any transfer by him of household

waste produced on the property is only to an authorised person or

to a person for authorised transport purposes.

(5) No person shall deposit any waste except in a waste

management facility which is authorised to receive that waste by

virtue of a permit.

(6) When the waste is transferred from the original

producer or holder to one of the natural or legal persons referred

to in sub-regulation (1) to this regulation for preliminary treatment,

the responsibility for carrying out a complete recovery or disposal

operation shall not be discharged as a general rule. Without

prejudice to Regulation (EC) No 1013/2006 1 , the competent

authority may specify the conditions of responsibility and decide in

which cases the original producer is to retain responsibility for the

OJ L 190, 12.7.2006, p. 1–98

whole treatment chain or in which cases the responsibility of the

producer and the holder can be shared or delegated among the

actors of the treatment chain.

(7) The costs of waste management shall be borne by

the original waste producer or by the current or previous waste

holders, depending on who has the duty of care for the waste as

per provisions of this regulation.

(8) Establishments or undertakings which collect or

transport waste on a professional basis shall deliver the waste

collected and transported to appropriate treatment installations in

accordance with Part 1 of Schedule 4.

By way of derogation from Regulation (EC) No Limitation on incoming

1013/2006 of the European Parliament and of the Council of 14 shipments of waste.

June 2006 on shipments of waste 2 , incoming shipments of waste

destined to incinerators that are classified as recovery shall be

prohibited, where it has been established that such shipments

would result in national waste having to be disposed of or waste

having to be treated in a way that is not consistent with Malta’s

national waste management plan.

(1) The Competent Authority shall take the necessary

action to ensure that the production, collection and transportation

of hazardous waste, as well as its storage and treatment, are

carried out in conditions providing protection for the environment

and human health in order to meet the provisions laid down in

paragraph 3 of Schedule 4.

(2) Holders of hazardous waste shall ensure that, in

the course of collection, transport, and temporary storage, such

hazardous waste is securely packaged and labelled in accordance

with international and national standards or as prescribed by the

competent authority.

(3) Any person intending to transfer hazardous waste

or any non-hazardous waste as prescribed by the competent

authority, within Maltese territory or waters shall inform the

competent authority of the intended transfer and at least fifteen

working days before the actual transfer is planned to take place,

the applicant shall submit to the competent authority a completed

consignment permit in accordance with Schedule 8 to these

regulations. Consignment permits shall be valid for such a time

as the competent authority specifies.

_____

OJ L 190, 12.7.2006, p. 1–98

(4) Whenever hazardous waste or any non-hazardous

waste identified by the Competent Authority, is transferred within

Maltese territory or waters, it shall be accompanied by a coded

hazardous waste consignment note issued by the Competent

Authority, a specimen of which is in Schedule 9.

(5) The Competent Authority shall subsequently

provide this person with five copies of a coded consignment note

containing the details to be filled in by the consignor, carrier and

consignee, in accordance with Schedule 9, as follows

(a) Copy 1: prenotification copy to be sent by

consignor to the Competent Authority;

(b) Copy 2: consignor copy to be kept by the

consignor;

(c) Copy 3: carrier copy, to accompany the waste

during transfer;

(d) Copy 4: consignee copy to be kept by the

consignee; and

(e) Copy 5: deposit copy to be sent by the consignee to

the Competent Authority.

(6) At least three working days before the actual

transfer is planned to take place, the applicant shall submit to the

Competent Authority a completed consignment note in accordance

with Schedule 9 to these regulations.

(7) If the Competent Authority objects to the intended

transfer, the competent authority shall inform the consignor at least

48 hours before the planned date of transfer.

(8) The Competent Authority may authorise a series

of transfers of wastes having the same physical and chemical

characteristics and occurring within 12 months from the issue of

the authorisation to be covered by one prenotification.

(9) If there is no objection from the Competent

Authority for the intended transfer, the transfer shall take place

within 30 days from the date of the prenotification. In the case of

a multiple transfer, the first transfer shall take place within 30 days

from the date of the prenotification.

(10) Waste consignment notes shall be kept for a

minimum of three years and made available on request to the

Competent Authority.

(1) The Competent Authority may introduce Fees.

processing fees to cover the expenses incurred in assessing

and processing of applications, and in the issue of permits in

conformity with regulations.

(2) The Competent Authority may request a bank

guarantee to ensure compliance with the conditions laid down in a

permit.

(1) Hazardous wastes shall not be mixed, either with Ban on the mixing of

other categories of hazardous waste or with other waste, substances hazardous waste.

or materials. Mixing shall include the dilution of hazardous

substances.

(2) By way of derogation from sub-regulation (1)

of this regulation, the Competent Authority may allow mixing

provided that

(a) the mixing operation is carried out by an

establishment or undertaking which has obtained a permit in

accordance with regulation 19;

(b) the provisions in paragraph 3 of Schedule 4

are complied with and the adverse impact of the waste

management on human health and the environment is not

increased; and

(c) the mixing operation conforms to best available

techniques.

(3) Subject to technical and economic feasibility

criteria, where hazardous waste has been mixed in a manner

contrary to sub-regulation (1) to this regulation, separation shall be

carried out where possible and necessary in order to comply with

the provisions laid down in paragraph 3 of Schedule 4.

(1) Regulations 14, 16 and 34 shall not apply to mixed

waste produced by households.

(2) Regulations 14 and 34 shall not apply to separate

fractions of hazardous waste produced by households until they are

accepted for collection, disposal or recovery by an establishment or

an undertaking which has obtained a permit or has been registered

in accordance with regulations 19 or 28.

(1) Without prejudice to the provisions related to the

management of hazardous waste laid down in regulations 14 and

16, waste oils shall

(a) be collected separately, where this is technically

feasible;

(b) be treated in accordance with paragraphs 2 and 3

of Schedule 4;

(c) not be used as a fuel in engines of road vehicles, air

crafts or sea vessels.

(2) Where technically feasible and economically

viable, waste oils of different characteristics are not to be mixed

and waste oils are not to be mixed with other kinds of waste or

substances, if such mixing impedes their treatment.

(3) The Competent Authority may in accordance with

Schedule 4 and where Articles 11 or 12 of Regulation (EC) No

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

June 2006 on shipments of waste 1 apply, restrict the transboundary

shipment of waste oils from Malta to incineration or co-incineration

facilities in order to give priority to the regeneration of waste oils.

PART IV

PERMITS AND REGISTRATION

(1) Subject to regulation 25 any establishment or

undertaking intending to carry out waste treatment shall obtain a

permit from the Competent Authority.

(2)

Permits shall specify at least the following

(a)

the types and quantities of waste that may be

treated;

(b) for each type of operation permitted, the technical

and any other requirements relevant to the site concerned;

OJ L 190, 12.7.2006, p. 1–98

(c) the safety and precautionary measures to be taken;

(d) the method to be used for each type of operation;

(e) such monitoring and control operations as may be

necessary;

(f) such closure and after-care provisions as may be

necessary; and

(g) any other information requested by the Competent

Authority to assist it in its assessment of the application.

(3) Permits shall be valid for such a time as the

Competent Authority specifies, and an application for renewal

by the permit holder shall be decided upon by the Competent

Authority in accordance with regulation 21.

(4) Permits under these regulations may also be issued

or held in the name of partnerships, companies and other collective

undertakings and corporate bodies.

(5) A permit holder shall be legally responsible and

accountable to ensure that the waste management activity for which

he has been granted a permit is carried out in accordance with these

regulations and with the conditions stipulated in the permit.

(6) Employees of a permit holder shall be authorised

to undertake waste management activities under these regulations

by virtue of their employer’s permit, provided that

(a) they are acting on their employer’s behalf;

(b) they are acting within the remit of their employer’s

permit and are in observance of the terms, conditions and

rules attached thereto and these regulations in general;

(c) they are duly qualified in accordance with

regulation 20.

(7) Employees of a permit holder shall be deemed to

be acting on their employer’s behalf unless the contrary is proved.

(8) A permit shall not be transferable, unless the

Competent Authority’s approval has been sought and granted for

this purpose.

(9) Subject to regulation 25, the competent authority

shall decide whether or not to issue a permit within six months

from the date on which it receives the application.

(10) It shall be a condition of any permit covering

incineration or co-incineration with energy recovery that the

recovery of energy takes place with a high level of energy

efficiency.

(11) Insofar as the requirements of this regulation are

complied with, any permit produced pursuant to other national

or Community legislation may be combined with the permit

required under sub-regulation (1) to this regulation to form a single

permit, where such a format obviates the unnecessary duplication

of information and the repetition of work by the operator or the

Competent Authority.

(1) Any person who collects or transports waste on a

professional basis, dealers, brokers and waste treatment operators

shall 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. The Competent

Authority shall only accept certification by recognized training

agencies institutions.

(2) Such personnel as are mentioned in sub-regulation

(1) may also be subject to random audits by officials of the

Competent Authority.

(1) Where the Competent Authority considers that the

intended method of treatment is unacceptable from the point of

view of environmental protection, in particular when the method is

not in accordance with paragraph 3 of Schedule 4, it shall refuse to

issue the permit.

(2) In determining whether to issue or refuse a permit

to an applicant, the Competent Authority shall take into account

(a) the applicant’s suitability to undertake the proposed

activity, having regard to, as applicable

(i) his record of compliance with these

regulations, the Act and any other regulations made

thereunder;

(ii) his financial capacity to comply with all

obligations and liabilities that will or may arise from

the proposed activity under these regulations, or his

ability to offer such financial security therefore as the

Competent Authority may require; and

(iii) his qualifications, experience and technical

competence to carry out the proposed activity safely

and with minimum risk to human health and the

environment, and to abide by any conditions set in

relation thereto by the Competent Authority;

(b) the measures he proposes to take to minimise the

risk of harm to human health and the environment arising

from his proposed activity;

(c) whether he proposes to recover waste, his proposed

methods, and how he proposes to safely dispose of any

residues;

(d) use of best available technology not entailing

excessive cost; and

(e) any other relevant considerations which the

competent authority deems fit to take into account.

(3) The Competent Authority shall inform the

applicant of the grounds for its decision when it rejects an

application for a permit.

(4) The Competent Authority may request from

the applicant any information relevant to its deliberations under

this regulation. Failure on the applicant’s part to provide such

information to the Competent Authority or to cooperate with its

inquiries may constitute grounds for refusal of a permit.

The Competent Authority may issue a permit subject to After-care obligations.

such conditions and obligations as it deems necessary, including

after-care obligations, and the provision of a suitable financial

assurance to be made within a stipulated period by the applicant in

favour of the Competent Authority.

(1) Where the Competent Authority considers that the

conditions attached to a permit are no longer adequate, or that the

activity authorised by the permit poses an unforeseen risk to human

health or the environment, it may

(a)

alter the terms and conditions attached to the

permit;

(b) serve a remedial notice upon the permit holder

setting out the steps which must be taken to comply with the

altered conditions and to remove the risk or actual harm as

well as the period in which these steps must be completed

Provided that the Competent Authority must include

in its remedial notice the steps that the permit holder must

comply with so as to remedy the situation as well as the time

by which such steps must be taken.

(2) Where the unforeseen risk arising from an activity

authorised by a permit cannot be mitigated by measures under sub-

regulation (1) of this regulation, the Competent Authority may

suspend the permit in whole or in part as necessary to avert the

risk.

(3) Where the Competent Authority believes that

a permit holder is, or is likely to be, in breach of the conditions

attached to his permit or these regulations in general, the

Competent Authority may issue an enforcement notice specifying

the breach of the conditions, the steps which shall be taken to

prevent it and the time in which these steps shall be completed.

(4) If a permit holder fails to comply with a remedial

or enforcement notice, the Competent Authority may revoke the

permit in whole or in part and itself undertake the remedial action

required, defraying the expenses incurred out of the permit holder’s

financial assurance.

(5) It may additionally bring into effect any punitive

measures specified therein, including confiscation of all or part of

the financial assurance

Provided that, if the cost of this remedial action exceeds

the financial assurance, the person responsible shall bear the

additional costs.

(6) Action by the Competent Authority under sub-

regulations (3) and (4) of this regulation shall be without prejudice

to regulations 35, 36 and 37.

(1) The Competent Authority may attach conditions Cease of operation.

to a permit, relating to the rehabilitation, monitoring and remedial

action, as applicable, to be carried out after the cessation of a waste

management and, or waste production activity or the closure of a

waste management or waste production site, as the case may be.

(2) A permit holder shall notify the Competent

Authority of his intention to cease the operations undertaken by

him in accordance with his permit, at least three months prior to

taking action therefore.

(3) Where a site that has been used for the purposes of

a waste management activity, is to close down or otherwise cease

operating, the Competent Authority shall assess the site in question,

particularly in relation to

(a) its physical stability;

(b) any contamination;

(c) the presence of any residues; and

(d) the presence of any discharges that require

management.

(4) The Competent Authority may require the permit

holder to provide any information relevant to its investigations,

including

(a) the history and use of the waste management or

waste production site;

(b)

the presence of pollution and contaminants; and

(c) sampling and monitoring reports.

(5) Following its investigations under this regulation, the

Competent Authority may

(a) confirm and bring into effect the after-care

obligations attached to the permit in accordance with sub-

regulation (1) of this regulation; and

(b) require the permit holder to take such additional

measures as it considers necessary in relation to the

remedial action, rehabilitation, and monitoring of the waste

management or waste production site.

(6) The permit holder shall continue to be bound by the

after-care obligations imposed by the Competent Authority under

sub-regulations (1) and (5) of this regulation for such a period as it

may stipulate, notwithstanding that the permit holder has ceased to

operate or he no longer holds a permit.

(7) Any after-care obligations attached to a current

or former waste management site shall be transferred to the new

owner in the event of a change in ownership of the site in question.

The previous owner shall inform the new owner about the waste

related history of the site and, the new owner shall request such

information from the previous owner of the site in question.

The Competent Authority shall be exempt from civil

liability for anything done reasonably and in good faith in the

execution of its duties under these regulations.

Establishment or undertakings and activities laid down

in Schedule 4 shall be exempt from the requirements laid down in

sub-regulation (1) of regulation 19.

(1) Where the following are not subject to permit

requirements, the Competent Authority shall keep a register of

(a) establishments or undertakings which collect or

transport waste on a professional basis;

(b) dealers or brokers; and.

(c) establishments or undertakings which are subject

to exemptions from the permit requirements pursuant to

regulation 27, in accordance with the Waste Management

(Activity Registration) Regulations, 2007.

(2) Where possible, existing records held by

the Competent Authority shall be used to obtain the relevant

information for this registration process in order to reduce the

administrative burden.

PART V

PLANS AND PROGRAMMES

(1) The Competent Authority shall establish, in

accordance with regulation 2 and Schedule 4, one or more waste

management plans. Such plans shall, alone or in combination,

cover all Malta.

(2) The Competent Authority shall ensure that the

waste management plan or plans

(a) include a statement of the authority’s policies for

attaining the objectives specified in Part 1 of Schedule 4; and

(b)

include the matters set out in Part 2 of Schedule 4.

(3) The Competent Authority shall consider, in

particular, whether the matters set out in Part 3 of Schedule 4

should be included in the waste management plans.

(4) The Competent Authority shall ensure that the

waste management plans conform to the strategy for the reduction

of biodegradable waste going to landfill, referred to in regulation 5

of the Waste Management (Landfill) Regulations, 2002.

(5) A statement of policy made before the coming

into force of these regulations may be, or form part of, a waste

management plan.

(1) The Competent Authority shall establish, in

accordance with regulations 2 and Schedule 4, waste prevention

programmes not later than 12 December 2013. Such programmes

shall either

(a) be integrated into the waste management plans

provided for in regulation 29, or

(b) be integrated into other environmental policy

programmes, as appropriate, or

(c) function as separate programmes

Provided that if any such programme is integrated

into the waste management plan or into other programmes, the

waste prevention measures shall be clearly identified.

(2) The programmes provided for in sub-regulation

(1) of this regulation shall set out the waste prevention objectives.

The Competent Authority shall describe the existing prevention

measures and evaluate the usefulness of the examples of measures

indicated in Schedule 6 or other appropriate measures.

(3) The Competent Authority shall determine

appropriate specific qualitative or quantitative benchmarks for

waste prevention measures adopted in order to monitor and assess

the progress of the measures and may determine specific qualitative

or quantitative targets and indicators, to assess the value of waste

prevention programmes.

The Competent Authority shall ensure that the waste

management plans and waste prevention programmes are evaluated

at least every sixth year and revised as appropriate and, where

relevant, in accordance with Schedule 4 and other community

measures.

All the relevant stakeholders and authorities and the

general public shall have the opportunity to participate in the

elaboration of the waste management plans and waste prevention

programmes, and have access to them once elaborated, in

accordance with the Plans and Programmes (Public Participation)

Regulations, 2006 or, if relevant, the Strategic Environmental

Assessment Regulations, 2010. They shall place the plans and

programmes on a publicly available website.

PART VI

INSPECTIONS AND RECORDS

(1) Establishments or undertakings which carry

out waste treatment operations, establishments or undertakings

which collect or transport waste on a professional basis, brokers

and dealers, and establishments or undertakings which produce

hazardous waste shall be subject to appropriate periodic inspections

by the Competent Authority.

(2) Inspections concerning collection and transport

operations shall cover the origin, nature, quantity and destination

of the waste collected and transported.

(3) The Competent Authority may take account of

registrations obtained under the Community Eco-Management and

Audit Scheme (EMAS), in particular regarding the frequency and

intensity of inspections.

(1) The establishments or undertakings referred to Record keeping.

in sub-regulation (1) of regulation 19, the producers of hazardous

waste and the establishments and undertakings which collect or

transport hazardous waste on a professional basis, or act as dealers

and brokers of hazardous waste, shall keep a chronological record

of the quantity, nature and origin of the waste, and, where relevant,

the destination, frequency of collection, mode of transport and

treatment method foreseen in respect of the waste, and shall make

that information available, on request, to the Competent Authority.

(2) For hazardous waste, the records shall be preserved

for at least three years except in the case of establishments and

undertakings transporting hazardous waste which must keep such

records for at least 12 months.

(3) Documentary evidence that the management

operations have been carried out shall be supplied at the request of

the Competent Authority or of a previous holder.

(4) The Competent Authority may require the

producers of non-hazardous waste to comply with sub-regulations

(1) and (2) of this regulation.

(1) The Competent Authority shall take all necessary

measures to prohibit the abandonment, dumping or uncontrolled

management of waste.

(2) Any person shall be guilty of an offence under

these regulations if such person

(a) abandons, drops, dumps or otherwise handles waste

not in accordance with the provisions of these regulations;

(b) fails to comply with any provision 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

(c) contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(d) acts in contravention of any of the provisions of

these regulations; or

(e) 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 provision 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-five euro

(€1,165.00), but not exceeding two thousand and three

hundred and thirty euro (€2,330.00);

(b) on a second conviction or subsequent convictions,

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

hundred and thirty euro (€2,330.00), but not exceeding four

thousand and six hundred and sixty euro (€4,660.00), 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.

PART VII

FINAL PROVISIONS

(1) The Waste Management (Permit and Control)

Regulations, 2001 and the Waste Management (Waste Oils)

2002. Regulations, 2002 are hereby revoked.

(2) Waste management permits issued under the Waste

Management (Permit and Control) Regulations shall be construed

as valid until their term of expiry or until superseded by a permit

issued under these regulations.