Regulations, 2014

L.N. 204 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management (Electrical and Electronic Equipment)

Regulations, 2014

IN exercise of the powers conferred by articles 61 and 62 of the

Environment and Development Planning Act, the Ministry for

Sustainable Development, the Environment, and Climate Change,

after consultation with the Malta Environment and Planning

Authority, has made the following regulations:-

(1) The title of these regulations is the Waste

Management (Electrical and Electronic Equipment) Regulations,

2014. (2) These regulations shall be deemed to have come into force

on the 14 February, 2014.

(1) These regulations bring into effect the provisions of

Directive 2012/19/EC of the European Parliament and of the Council

of 4 July 2012 on waste electrical and electronic equipment and

repealing Directive 2002/96/EC of the European Parliament and of

the Council of 27 January 2003.

(2) These regulations lay down measures to protect the

environment and human health by preventing or reducing the adverse

impacts of the generation and management of waste from electrical

and electronic equipment (WEEE) and by reducing overall impacts of

resource use and improving the efficiency of such use in accordance

with regulation 2(2) and Schedule 5 of the Waste Regulations,

thereby contributing to sustainable development.

(3) These regulations shall apply to electrical and electronic

equipment (EEE) as follows

(a) from the coming into force of these regulations until

14 August 2018 subject to sub-regulation (1) of regulation 4, to

EEE falling within the categories set out in Schedule 1.

Schedule 2 contains an indicative list of EEE which falls within

the categories set out in Schedule 1;

(b) from 15 August 2018, subject to sub-regulations (1)

and (2) of regulation 4, to all EEE. All EEE shall be classified

within the categories set out in Schedule 3. Schedule 4 contains

a non-exhaustive list of EEE which falls within the categories

set out in Schedule 3 (open scope).

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Environment and Development Planning Cap. 504.

Act;

"active implantable medical device" means an active

implantable medical device as defined in regulation 3 of the Active

Implantable Medical Devices Regulations, relating to active S.L. 427.10

implantable medical devices which is EEE;

"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;

"the Community" means the European Community;

"the competent authority" has the same meaning as "the

authority" as defined in article 2 of the Act;

"the Directive" means Directive 2012/19/EC of the European

Parliament and of the Council of 4 July 2012 on waste electrical and

electronic equipment and repealing Directive 2002/96/EC of the

European Parliament and of the Council of 27 January 2003;

"distributor" means any natural or legal person in the supply

chain, who makes an EEE available on the market. This definition

does not prevent a distributor from being, at the same time, a

producer within the meaning of the term "producer";

"electrical and electronic equipment" or "EEE" means

equipment which is dependent on electric currents or electromagnetic

fields in order to work properly and equipment for the generation,

transfer and measurement of such currents and fields and designed for

use with a voltage rating not exceeding 1,000 Volts for alternating

current and 1,500 Volts for direct current;

"finance agreement" means any loan, lease, hiring or deferred

sale agreement or arrangement relating to any equipment whether or

not the terms of that agreement or arrangement or any collateral

agreement or arrangement provide that a transfer of ownership of that

equipment will or may take place;

"in vitro diagnostic medical device" means an in vitro diagnostic

device or accessory as defined in regulation 3.1.3 and 3.1.4 of the In

Vitro Diagnostic Medical Devices Regulations, which is EEE;

"large-scale fixed installation" means a large-size combination

of several types of apparatus and, where applicable, other devices,

which

(a)

are

assembled,

installed

and

de-installed

by

professionals;

(b) are intended to be used permanently as part of a

building or a structure at a pre-defined and dedicated location;

and

(c)

can only be replaced by the same specifically

designed equipment;

"large-scale stationary industrial tools" means a large size

assembly of machines, equipment, and, or components, functioning

together for a specific application, permanently installed and de-

installed by professionals at a given place, and used and maintained

by professionals in an industrial manufacturing facility or research

and development facility;

"making available on the market" means any supply of a product

for distribution, consumption or use on the market in Malta in the

course of a commercial activity, whether in return for payment of free

of charge;

"medical device" means a medical device or accessory as

defined in regulation 3 of the Medical Devices Regulations,

concerning medical devices which are EEE;

"the Minister" means the Minister responsible for the

environment;

"non-road mobile machinery" means machinery, with onboard

power source, the operation of which requires either mobility or

continuous or semi-continuous movement between a succession of

fixed working locations while working;

"placing on the market" means first making available of a

product on the market within the territory of Malta on a professional

basis;

"producer" means any natural or legal person who, irrespective

of the selling technique used, including by means of distance

communication as defined in the Distance Selling Regulations

(a)

is established in Malta and manufactures EEE under

his own name or trademark, or has EEE designed or

manufactured and markets it under his name or trademark

within the territory of Malta;

(b) is established in Malta and resells within the

territory of Malta, under his own name or trademark, equipment

produced by other suppliers, a reseller not being regarded as the

"producer" if the brand of the producer appears on the

equipment, as provided for in paragraph (a);

(c)

is established in Malta and places on the market of

Malta, on a professional basis, EEE from a third country or from

another EU Member State;

(d) sells EEE by means of distance communication

directly to private households or to users other than private

households in Malta and is established in another EU Member

State or third country.

Whoever exclusively provides financing under or pursuant to

any finance agreement shall not be deemed to be a “producer” unless

he also acts as a producer within the meaning of paragraphs (a) to (d);

"removal" means manual, mechanical, chemical or metallurgic

handling with the result that hazardous substances, mixtures and

components are contained in an identifiable stream or are an

identifiable part of a stream within the treatment process. A

substance, mixture or component is identifiable if it can be monitored

to verify environmentally safe treatment;

"waste electrical and electronic equipment" or "WEEE" means

electrical and electronic equipment which is waste as defined in

regulation 4 of the Waste Regulations, including all components, sub- S.L. 504.37

assemblies and consumables which are part of the product at the time

of discarding;

"WEEE from private households" means WEEE which comes

from private households and WEEE which comes from commercial,

industrial, institutional and other sources which, because of its nature

and quantity, is similar to that from private household. Waste from

EEE likely to be used by both private households and users other than

private households and users other than private households shall in

any event be considered to be WEEE from private households.

(2) All other terms, including the definitions of "hazardous

waste", "collection", "separate collection", "prevention", "re-use",

"treatment", "recovery", "preparing for re-use", "recycling" and

"disposal" shall have the same meaning as that assigned to them in

regulation 4 of the Waste Regulations.

(1) These regulations shall not apply to any of the

following EEE

(a)

equipment which is necessary for the protection of

the essential interests of the security, including arms, munitions

and war material intended for specifically military purposes;

(b) equipment which is specifically designed and

installed as part of another type of equipment that is excluded

from or does not fall within the scope of these regulations,

which can fulfil its function only if it is part of that equipment;

(c)

filament bulbs.

(2) In addition to the equipment specified in sub-regulation

(1), from 15 August 2018, these regulations shall not apply to the

following EEE

(a)

equipment designed to be sent into space;

(b)

large-scale stationary industrial tools;

(c)

large-scale fixed installations, except any equipment

which is not specifically designed and installed as part of those

installations;

(d) means of transport for persons or goods, excluding

electric two-wheel vehicles which are not type-approved;

(e)

non-road mobile machinery

made

available

exclusively for professional use;

(f)

equipment specifically designed solely for the

purposes of research and development that is only made

available on a business-to-business basis;

(g) medical devices and in vitro diagnostic medical

devices, where such devices are expected to be infective prior to

end of life, and active implantable medical devices.

(3) These regulations shall apply without prejudice to the

requirements of Union legislation on safety and health, on chemicals,

in particular Regulation (EC) No 1907/2006 of the European

Parliament and of the Council of 18 December 2006 concerning the

Registration, Evaluation, Authorisation and Restriction of Chemicals

(REACH), establishing a European Chemicals Agency * , as well as of

specific Union waste management or product design legislation.

(1) The competent authority shall adopt appropriate Separate

measures to minimise the disposal of WEEE in the form of unsorted collection.

municipal waste, to ensure the correct treatment of all collected

WEEE and to achieve a high level of separate collection of WEEE,

notably, and as a matter of priority, for temperature exchange

equipment containing ozone-depleting substances and fluorinated

greenhouse gases, fluorescent lamps containing mercury,

photovoltaic panels and small equipment as referred to in categories 5

and 6 of Schedule 3. Such measures shall include the following

(a)

any person disposing of WEEE in the form of

unsorted municipal waste may be fined in accordance with a

Schedule of Fines to be published by the competent authority;

(b) producers, authorised representatives, and third

parties are required to carry out information campaigns,

highlighting the importance of separate collection of WEEE,

ensuring the correct treatment of all collected WEEE;

(c)

the competent authority shall ensure the availability

and accessibility of the necessary collection facilities, taking

into account, in particular, the population density, which

measures include the availability of civic amenity sites.

(2) For WEEE from private households, the producers,

authorised representatives, or third parties shall ensure that

(a)

systems are set up allowing final holders and

distributors to return such waste at least free of charge;

(b) when supplying a new product, distributors are

responsible for ensuring that such waste can be returned to the

distributor at least free of charge on a one-to-one basis as long

as the equipment is of equivalent type and has fulfilled the same

functions as the supplied equipment;

(c)

distributors provide for the collection, at retail shops

with sales areas relating to EEE of at least 400m 2 , or in their

immediate proximity, of very small WEEE (no external

dimension more than 25cm) free of charge to end-users and with

* OJ L 396, 30.12.2006, p. 1.

no obligation to buy EEE of an equivalent type. WEEE

collected shall be properly treated in accordance with regulation

8;

(d) without prejudice to paragraphs (a), (b) and (c),

producers are allowed to set up and to operate individual and, or

collective take-back systems for WEEE from private

households provided that these are in line with the objectives of

these regulations;

(e)

having regard to national and Union health and

safety standards, WEEE that presents a health and safety risk to

personnel because of contamination may be refused for return

under paragraphs (a), (b) and (c). The last holder of the WEEE

shall make specific arrangements for the safe handling by

personnel for such WEEE.

With reference to the return of WEEE pursuant to paragraphs

(a), (b) and (c) for cases in which the equipment does not contain its

essential components, where such equipment contains waste other

than WEEE, the return thereof may be refused.

(3) The competent authority may designate the operators that

are allowed to collect WEEE from private households as referred to in

sub-regulation (2).

(4) WEEE deposited at collection facilities that are operated

either by Local Councils, civic amenity sites or by any other agency

funded by public funds shall be handed over to a waste electrical and

electronic equipment compliance scheme.

(5) In the case of WEEE, other than WEEE from private

households, and without prejudice to regulation 13, producers or third

parties acting on their behalf shall provide for the collection of such

waste.

(1) The competent authority shall prohibit the disposal

of separately collected WEEE which has not yet undergone the

treatment specified in regulation 8.

(2) The competent authority shall ensure that the collection

and transport of separately collected WEEE is carried out in a way

which allows optimal conditions for preparing for re-use, recycling

and the confinement of hazardous substance.

In order to maximise preparing for re-use, the competent

authority shall promote that, prior to any further transfer, collection

schemes or facilities provide, where appropriate, for the separation at

the collection points of WEEE that is to be prepared for re-use from

other separately collected WEEE, in particular by granting access for

personnel from re-use centres.

(1) Without prejudice to regulation 5(1), the competent Collection rate.

authority shall ensure the implementation of the "producer

responsibility" principle and, on that basis, that a minimum collection

rate is achieved annually. Producers, or third parties acting on their

behalf, shall take the necessary measures to achieve the following

minimum collection targets, which collection rates shall be calculated

on the basis of the total weight of WEEE collected in accordance with

regulations 5 and 6 in a given year within Malta, expressed as a

percentage of the average weight of EEE placed on the market in the

three preceding years within Malta, as follows

(a)

42% for the year 2016;

(b)

45% for the year 2017;

(c)

50% for the year 2018;

(d)

55% for the year 2019;

(e)

60% for the year 2020; and

(f)

65% for the year 2021.

Until 31 December 2015, a rate of separate collection of at least

4 kilograms on average per inhabitant per year of WEEE from private

households or the same amount of weight of WEEE as was collected

in Malta on average in the three preceding years, whichever is greater,

shall continue to apply.

(2) In order to establish whether the minimum collection rate

has been achieved, the competent authority shall ensure that

information concerning the WEEE that is separately collected in

accordance with regulation 5 is transmitted to the competent authority

free of charge, including at least information on WEEE that has been

(a)

received by collection and treatment facilities;

(b)

received by distributors;

(c)

separately collected by producers or third parties

acting on their behalf.

(1) The competent authority shall ensure that all Proper

treatment.

separately collected WEEE undergoes proper treatment.

(2) Proper treatment, other than preparing for re-use, and

recovery or recycling operations shall, as a minimum, include the

removal of all fluids and a selective treatment in accordance with

Schedule 7.

(3) The competent authority shall ensure that producers or

third parties acting on their behalf set up systems to provide for the

recovery of WEEE using best available techniques. The systems may

be set up by producers or authorised representatives appointed in

accordance with regulation 17 individually or collectively,

The competent authority shall ensure that any establishment or

undertaking carrying out collection or treatment operations stores and

treats WEEE in compliance with the technical requirements set out in

Schedule 8.

(4) For the purposes of environmental protection, the

competent authority may set up minimum quality standards for the

treatment of the WEEE that has been collected.

(5) The competent authority shall encourage establishments or

undertakings which carry out treatment operations to introduce

certified environmental management systems in accordance with

Regulation (EC) No 1221/2009 of the European Parliament and of the

Council of 25 November 2009 on the voluntary participation by

organisations in a Community eco-management and audit scheme

(EMAS) * .

(1) The competent authority shall ensure that any

establishment or undertaking carrying out treatment operations

obtains a permit from the competent authorities in compliance with

regulations 19 to 24 of the Waste Regulations.

(2) Exemptions from permit requirements, conditions for

exemptions and registration shall be in compliance, respectively, with

regulations 26 and 27 of the Waste Regulations.

(3) The competent authority shall ensure that the permit or the

registration referred to in sub-regulations (1) and (2) includes all the

conditions that are necessary for compliance with the requirements of

regulation 8(2) and (3) and for the achievement of the recovery

targets set out in regulation 11.

(1) The treatment operation may also be undertaken

outside Malta provided that the shipment of WEEE is in compliance

with Regulation (EC) No 1013/2006 and Commission Regulation

*

OJ L 342, 22.12.2009, p. 1.

(EC) No 1418/2007 of 29 November 2007 concerning the export for

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

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

certain countries to which the OECD Decision on the control of

transboundary movements of wastes does not apply * .

(2) WEEE exported out of Malta shall only count towards the

fulfilment of obligations and targets set out in regulation 11 if, in

compliance with Regulation (EC) No 1013/2006 and (EC) No 1418/

2007, the exporter can prove that the treatment took place in

conditions that are equivalent to the requirements of these

regulations.

(1) Regarding all WEEE separately collected in Recovery

accordance with regulation 5 and sent for treatment in accordance targets.

with regulations 8, 9 and 10, producers or third parties acting on their

behalf or on behalf of authorised representatives shall achieve the

minimum targets set out Schedule 5.

(2) The achievement of the targets shall be calculated, for each

category, by dividing the weight of the WEEE that enters the recovery

or recycling/preparing for re-use facility, after proper treatment in

accordance with regulation 8(2) with regard to recovery or recycling,

by the weight of all separately collected WEEE for each category,

expressed as a percentage.

Preliminary activities including sorting and storage prior to

recovery shall not count towards the achievement of these targets.

(3) The competent authority shall ensure that, for the purpose

of calculating these targets, producers or third parties acting on their

behalf or on behalf of authorised representatives shall keep records on

the weight of WEEE, its components, materials or substances when

leaving (output) the collection facility, entering (input) and leaving

(output) the treatment facilities and when entering (input) the

recovery or recycling/preparing the re-use facility.

The competent authority shall also ensure that records on the

weight of products and materials when leaving (output) the recovery

or recycling/preparing for re-use facility are kept.

(4) The competent authority shall encourage the development

of new recovery, recycling and treatment technologies.

*

OJ L 316, 4,12,2007, p. 6

(1) Each producer or authorised representative

appointed under regulation 17 shall provide for the financing of the

collection, treatment, recovery and environmentally sound disposal of

WEEE from private households that has been deposited at collection

facilities set up under regulation 5(2).

(2) Each producer or authorised representative appointed

under regulation 17 shall also provide for the costs occurring for

collection of WEEE from private households to collection facilities of

the relevant amount of returned WEEE not deposited at a designated

collection facility, such that the stipulated collection targets are

achieved.

(3) For products placed on the market later than 13 August

2005, each producer or authorised representative shall be responsible

for financing the operations referred to in sub-regulation (1) relating

to the waste from his own products. The producer, including

authorised representatives when appointed in accordance with

regulation 17, may choose to fulfil all the obligations either

individually or by joining a collective scheme.

Each producer or authorised representative shall provide a

guarantee when placing a product on the market showing that the

management of all WEEE will be financed. This guarantee shall

ensure that operations referred to in sub-regulation (1) relating to his

product will be financed. The guarantee may take the form of

participation by the producer or authorised representative in

appropriate schemes for the financing of the management of WEEE, a

recycling insurance or a blocked bank account.

(4) The responsibility for the financing of the costs of the

management of WEEE from products placed on the market on or

before 13 August 2005 (‘historical waste’) shall be borne by one or

more systems to which all producers or authorised representatives

existing on the market when the respective costs occur contribute

proportionately, e.g. in proportion to their respective share of the

market by type of equipment.

(5) The competent authority shall take necessary measures to

ensure that appropriate mechanisms or refund procedures are

developed for the reimbursement of contributions to the producers or

authorised representatives where EEE is transferred for placing on the

market outside the territory of Malta. Such mechanisms or procedures

may be developed by producers or third parties acting on their behalf

or on behalf of authorised representatives.

(1) Each producer or authorised representative Financing in

appointed under regulation 17 shall finance the costs for the respect

WEEE from

collection, treatment, recovery and environmentally sound disposal of users

private

WEEE from users other than private households resulting from households.

products placed on the market after 13 August 2005.

For historical waste being replaced by new equivalent products

or by new products fulfilling the same function, the financing of the

costs shall be provided for by producers of those products when

supplying them.

For other historical waste, the financing of the costs shall be

provided for by the users other than private households.

(2) Producers and users other than private households may,

without prejudice to these regulations, conclude agreements

stipulating other financing methods. The competent authority is to be

informed if such agreements are concluded.

(1) A producer or an authorised representative shall Information for

ensure that users of EEE in private households are given the users.

necessary information about

(a)

the requirement not to dispose of WEEE as unsorted

municipal waste and to collect such WEEE separately;

(b) the return and collection systems available to them,

encouraging the coordination of information on the available

collection points irrespective of the producers or other operators

which have set them up;

(c)

their role in contributing to re-use, recycling and

other forms of recovery of WEEE;

(d) the potential effects on the environment and human

health as a result of the presence of hazardous substances in

EEE.

(2) A producer or an authorised representative shall ensure

that consumers participate in the collection of WEEE and to

encourage them to facilitate the process of re-use, treatment and

recovery. This information shall be provided by the producer or an

authorised representative and, or distributor e.g. in the instructions for

use, at the point of sale and through public awareness campaigns.

In order to facilitate the preparation for re-use and the Information for

correct and environmentally sound treatment of WEEE, including treatment

facilities.

maintenance, upgrade, refurbishment and recycling, the competent

authority shall take the necessary measures to ensure that producers

provide information free of charge about preparation for re-use and

treatment in respect of each type of new EEE placed for the first time

on the market in the European Union within one year after the

equipment is placed on the market. This information shall identify, as

far as it is needed by centres which prepare for re-use and treatment

and recycling facilities in order to comply with the provisions of these

regulations, the different EEE components and materials, as well as

the location of dangerous substances and mixtures in EEE. It shall be

made available to centres which prepare for re-use and treatment and

recycling facilities by producers of EEE in the form of manuals or by

means of electronic media (e.g. CD-ROM, online services).

(1) The competent authority shall, in accordance with

sub-regulation (2), draw up and make available a register of

producers, including producers supplying EEE by means of distance

communication. That register shall include the collection of

information, including substantiated estimates, on an annual basis, on

the quantities and categories of EEE placed on their markets,

collected through all routes, prepared for re-use, recycled and

recovered within Malta, and on separately collected WEEE exported,

by weight, to serve to monitor compliance with the requirements of

these regulations.

Producers supplying EEE by means of distance communication

as defined in the definition for "producer" in regulation 3 shall be

registered in Malta, if they sell locally, or shall be registered through

their authorized representative according to regulation 17(2).

Links to other national registers in all Member States are to be

provided on the competent authority’s website to facilitate

registration of producers or authorised representatives where

appointed under regulation 17.

(2) Each producer or authorised representative shall apply to

be registered with the competent authority. Each producer shall have

the possibility of entering online in their national register all relevant

information set out in Schedule 9 reflecting that producer’s activities

in Malta.

(3) By 31 March 2015, and every following year, each

producer or authorised representative who applies for registration

shall provide to the competent authority the following information in

respect of electrical and electronic equipment placed on the market

for the first time within the territory of Malta between 1 January and

31 December of the immediately preceding year.

(4) A producer or an authorised representative appointed

under regulation 17 shall register as required either online or in

writing, providing all relevant information set out in Schedule 9, Part

A, as stipulated in the relevant registration form, reflecting that

producer’s activities in Malta, undertaking to update it as appropriate.

Each producer or each authorised representative, where appointed

under regulation 17, is also required to provide the information set

out in Schedule 9, Part B.

(5) Where a producer ceases to put electrical and electronic

equipment on the market he shall inform the competent authority

within twenty working days of his ceasing to do so.

(6) An application by a producer or authorised representative

to register shall be accompanied by a fee as prescribed in Schedule

12. (7) The competent authority shall confirm receipt of a

producer’s or authorised representative’s application for registration

in writing within twenty working days of receipt and shall process

that application within twenty working days of confirming receipt.

(8) The competent authority shall make this information

available in accordance with the Freedom of Access to Information S.L. 504.65

on the Environment Regulations.

(9) For the avoidance of doubt, nothing in this regulation shall

require a register maintained by the competent authority to contain

information relating to any criminal proceedings (including

prospective proceedings) or to anything which is the subject matter of

such proceedings, at any time before those proceedings are finally

disposed of.

(10) Nothing in this regulation shall require a register

maintained by the competent authority to contain any information

which has been superseded by later information after four years have

elapsed from that later information being entered in the register.

(1) A producer other than a producer who sells EEE by Authorised

means of distance communication directly to private households or to representative.

users other than private households in Malta, and is established in

another Member State or third country shall appoint a legal or natural

person established in Malta as the authorised representative that is

responsible for fulfilling the obligations in Malta of that producer,

pursuant to these regulations, for the EEE being sold on the territory

of Malta.

(2) A producer who sells EEE by means of distance

communication directly to private households or to users other than

private households in Malta shall appoint an authorised representative

in Malta as the person responsible for fulfilling the obligations in

Malta of that producer, pursuant to these regulations, for the EEE

being sold on the territory of Malta.

(3) A producer who is established in Malta and who places

EEE on the market in any Member State other than Malta by means of

distance communication shall comply with the obligations under the

Directive in that Member State.

(4) Appointment of an authorised representative shall be by

written mandate by means of a declaration as set out in Schedule 11.

(5) Where the provisions of sub-regulations (1) and (2) are not

complied with, the products introduced into the Customs territory of

Malta by a producer established in another Member State or third

country may be seized until the producer complies with the provisions

of this regulation.

The competent authority shall ensure cooperation with

competent authorities of other EU Member States for implementing

the Directive, in particular to establish an adequate flow of

information to ensure that producers comply with the provisions of

the Directive and, where appropriate, provide each other and the

Commission with information in order to facilitate the proper

implementation of the Directive. The administrative cooperation and

exchange of information, in particular between national registers,

shall include electronic means of communication.

The competent authority shall grant access to the competent

authority of other EU Member States to the relevant documents and

information including the results of any inspections, subject to the

provisions of the data protection law in force.

(1) Where the business of a producer is transferred in

whole or in part to another person, the producer shall be treated as

remaining responsible for electrical and electronic equipment in

respect of which he has made an application to register under

regulation 17, unless he is able to demonstrate to the competent

authority that the person to whom the transfer has been made has

agreed to meet the producer’s obligations in respect of any such

electrical and electronic equipment under these regulations.

(2) Where sub-regulation (1) applies, the person to whom the

whole or part of a business is transferred is a producer for the

purposes of these regulations, and that person shall

(a)

apply to the competent authority for registration

under regulation 17; and

(b) undertake to meet the stipulated targets in

regulations 7 and 11.

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

satisfying the provisions of these regulations, economic operators

may be parties to agreements with the competent authority.

(2) Such agreements shall specify the detailed rules of

implementation of these regulations. Moreover, these agreements -

(a)

shall be enforceable at law;

(b) shall specify the objectives with the corresponding

deadlines;

(c)

shall be published in the Gazette;

(d) shall have the results achieved under them

monitored regularly, reported to the competent authority and

made available to the public under the conditions set out in the

agreement;

(e)

shall have the progress made under them examined

in terms of provisions to be made by the competent authority.

(1) Persons who intend to operate a waste electrical and Permit required

electronic equipment compliance scheme as required under these to

waste electrical

regulations, including the collection, sorting, storage, treatment, and

equipment

export and recycling of waste electrical and electronic equipment, on compliance

behalf of producers, shall require and obtain a valid permit from the scheme.

competent authority in terms of the Waste Regulations.

(2) Without prejudice to the Waste Regulations, in applying S.L. 504.37

for such a permit, any such person shall provide the competent

authority with the following information as applicable

(a)

a copy of the Memorandum and Articles of

Association;

(b) a copy of a valid development permit issued under

the Environment and Development Planning Act;

(c)

a description of the proposed system which will

provide for the collection, treatment and recycling of waste

electrical and electronic equipment in accordance with the

provisions of these regulations;

(d)

a financial plan in relation to the proposed scheme;

(e)

the annual weights of waste electrical and electronic

equipment in each category to be collected, treated and

recycled;

(f)

the annual stipulated targets to be achieved under

the proposed scheme;

(g) proposals for determining and verifying the level of

collection, recovery and recycling of waste electrical and

electronic equipment have been met under the proposed

scheme, including estimations and assumptions to be made in

this process;

(h) proposals for the certification of producers who will

make use of the proposed scheme;

(i)

proposals of how the information under the

provisions of these regulations will be compiled and made

available to the competent authority;

(j)

any other relevant information requested by the

competent authority.

(3) The competent authority may specify the format in which

such information shall be made available.

(4) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

The competent authority may exempt a producer from part

of these regulations provided the producer provides evidence, to the

competent authority, of participating in an authorised waste electrical

and electronic equipment compliance scheme.

(1) A producer or authorised representative making use

of an existing authorised waste electrical and electronic equipment

compliance scheme, shall be required to submit to the competent

authority a signed agreement with the operator of the authorised

waste electrical and electronic equipment compliance scheme to

prove that the scheme complies with the provisions of these

regulations.

(2) The producer or authorised representative shall moreover

submit to the competent authority a statement of compliance with the

provisions of these regulations, signed by the operator of the

authorised waste electrical and electronic equipment compliance

scheme, in respect of electrical and electronic equipment placed on

the market by the producer in the previous calendar year, by 31 March

each year. Thereafter the information shall be provided on or before

31 March each year that immediately follows the end of that

compliance period, in respect of the electrical and electronic

equipment which has been placed on the market for the first time

within the territory of Malta by the producer during the immediately

preceding year.

(3) The operator of the authorised waste electrical and

electronic equipment compliance scheme referred to in sub-regulation

(1) shall

(a)

bind himself to carry out the activities agreed to and

on behalf of the producer in accordance with any existing laws

and regulations,

(b) provide the competent authority by 31 March of

each year with the required information in respect of electrical

and electronic equipment placed on the market for the first time

within the territory of Malta by the producer in the previous

year. A statement of compliance shall also be provided by 31

March each year in respect of the electrical and electronic

equipment which has been placed on the market by the producer

during the immediately preceding year.

(4) Such information shall be provided in quarterly reports and

annual reports. The waste electrical and electronic equipment

compliance schemes shall submit quarterly reports to the competent

authority within forty (40) working days following the end of that

period, whereas annual reports shall be submitted to the competent

authority within six (6) calendar months of the closing of the year.

(5) The competent authority may specify the format in which

such information shall be made available.

(6) The competent authority shall make this information

available in accordance with the Freedom of Access to Information S.L. 504.65

on the Environment Regulations.

(1) The producers or authorised representatives as self- Auditing.

compliant producers, or authorised waste electrical and electronic

equipment compliance schemes shall use the services of an

independent auditor, approved by the competent authority, to certify

all of the information reported to the competent authority.

(2) In the case of self-compliant producers, the auditor shall be

required to certify that all the information reported to the competent

authority is in conformity with the obligations of these regulations.

(3) In the case of authorised waste electrical and electronic

equipment compliance schemes, the auditor shall be required to

certify that all the information reported to the competent authority is

as specified in the Malta Environment and Planning Authority permit

itself.

(4) Both self-compliant producers or permit holders of the

authorised waste electrical and electronic equipment compliance

schemes shall ensure that a sound auditing procedure for traceability,

monitoring and control is put into place for all waste electrical and

electronic equipment managed.

(1) Appropriate inspections and monitoring to verify the

proper implementation of these regulations shall be carried out. Those

inspections shall at least cover

(a) information reported in the framework of the

register of producers;

(b) shipments, in particular exports of WEEE outside

the Union in compliance with Regulation (EC) No 1013/2006

and Regulation (EC) No 1418/2007; and

(c)

the operations at treatment facilities in accordance

with the Waste Regulations, and Schedule 7 of these

regulations.

(2) The competent authority shall ensure that shipments of

used EEE suspected to be WEEE are carried out in accordance with

the minimum requirements in Schedule 6 and shall monitor such

shipments accordingly.

(3) The costs of appropriate analyses and inspections,

including storage costs, of used EEE suspected to be WEEE shall be

charged to the producers, to third parties acting on their behalf or to

other persons arranging the shipment of used EEE suspected to be

WEEE.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provisions of these

regulations or fails to comply with permit conditions or with

any order lawfully given in terms of any provision of these

regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c)

he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions, including any order

lawfully given in terms of any of the provisions of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable

(a)

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

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

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

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

(€2,329.37);

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

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

and twenty-nine euro and thirty-seven cents (€2,329.37), but not

exceeding four thousand and six hundred and fifty-eight euro

and seventy-five cents (€4,658.75), or to imprisonment for a

term not exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, shall be 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 Applicability of

Code shall, mutatis mutandis, apply to proceedings in respect of the

Code.

offences against these regulations, so however that the Cap. 9.

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

The Waste Management (Electrical and Electronic

Equipment) Regulations, 2007, are hereby revoked.

2007. Schedule 1

(Regulation 2(3)(a))

Categories of EEE covered by these regulations during the

transitional period as provided for in regulation 2(3)(a)

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment and photovoltaic panels

5. Lighting equipment

6. Electrical and electronic tools (with the exception of large-

scale stationary industrial tools)

7. Toys, leisure and sports equipment

8. Medical devices (with the exception of all implanted and

infected products)

9. Monitoring and control instruments

10. Automatic dispensers

Schedule 2

(Regulation 2(3)(a))

Indicative list of EEE which falls within the categories of Schedule 1

1. LARGE HOUSEHOLD APPLIANCES

Large cooling appliances

Refrigerators

Freezers

Other large appliances used for refrigeration, conservation

and storage of food

Washing machines

Clothes dryers

Dish washing machines

Cookers

Electric stoves

Electric hot plates

Microwaves

Other large appliances used for cooking and other

processing of food

Electric heating appliances

Electric radiators

Other large appliances for heating rooms, beds, seating

furniture

Electric fans

Air conditioner appliances

Other fanning, exhaust ventilation and conditioning

equipment

2. SMALL HOUSEHOLD APPLIANCES

Vacuum cleaners

Carpet sweepers

Other appliances for cleaning

Appliances used for sewing, knitting, weaving and other

processing for textiles

Irons and other appliances for ironing, mangling and other

care of clothing

Toasters

Fryers

Grinders, coffee machines and equipment for opening or

sealing containers or packages

Electric knives

Appliances for hair cutting, hair drying, tooth brushing,

shaving, massage and other body care appliances

Clocks, watches and equipment for the purpose of

measuring, indicating or registering time

Scales

3. IT AND TELECOMMUNICATIONS EQUIPMENT

Centralised data processing

Mainframes

Minicomputers

Printer units

Personal computing

Personal computers (CPU, mouse, screen and keyboard

included)

Laptop computers (CPU, mouse, screen and keyboard

included)

Notebook computers

Notepad computers

Printers

Copying equipment

Electrical and electronic typewriters

Pocket and desk calculators

and other products and equipment for the collection,

storage, processing, presentation or communication of

information by electronic means

User terminals and systems

Facsimile machine (fax)

Telex

Telephones

Pay telephones

Cordless telephones

Cellular telephones

Answering systems

and other products or equipment of transmitting sound,

images or other information by telecommunications.

4. CONSUMER EQUIPMENT AND PHOTOVOLTAIC

PANELS

Radio sets

Television sets

Video cameras

Video recorders

Hi-fi recorders

Audio amplifiers

Musical instruments

and other products or equipment for the purpose of

recording or reproducing sound or images, including

signals or other technologies for the distribution of sound

and image than by telecommunications

Photovoltaic panels

5. LIGHTING EQUIPMENT

Luminaires for fluorescent lamps with the exception of

luminaries in households

Straight fluorescent lamps

Compact fluorescent lamps

High intensity discharge lamps, including pressure sodium

lamps and metal halide lamps

Low pressure sodium lamps

Other lighting or equipment for the purpose of spreading

or controlling light with the exception of filament bulbs

6. ELECTRICAL AND ELECTRONIC TOOLS (WITH THE

EXCEPTION OF LARGE-SCALE STATIONARY

INDUSTRIAL TOOLS)

Drills

Saws

Sewing machines

Equipment for turning, milling, sanding, grinding, sawing,

cutting, shearing, drilling, making holes, punching,

folding, bending or similar processing of wood, metal and

other materials

Tools for riveting, nailing or screwing or removing rivets,

nails, screws or similar uses

Tools for welding, soldering or similar use

Equipment for spraying, spreading, dispersing or other

treatment of liquid or gaseous substances by other means

Tools for moving or other gardening activities

7. TOYS, LEISURE AND SPORTS EQUIPMENT

Electric trains or car racing sets

Hand-held video game consoles

Video games

Computers for biking, diving, running, rowing, etc.

Sports equipment with electric or electronic equipment

Coin slot machines

8. MEDICAL DEVICES (WITH THE EXCEPTION OF

ALL IMPLANTED AND INFECTED PRODUCTS)

Radiotherapy equipment

Cardiology equipment

Dialysis equipment

Pulmonary ventilators

Nuclear medicine equipment

Laboratory equipment for in vitro diagnosis

Analysers

Freezers

Fertilization tests

Other appliances for detecting, preventing, monitoring,

treating, alleviating illness, injury or disability

9. MONITORING AND CONTROL INSTRUMENTS

Smoke detector

Heating regulators

Thermostats

Measuring, weighing or adjusting

appliances

for

household or as a laboratory equipment

Other monitoring and control instruments used in

industrial installations (e.g. in control panels)

10. AUTOMATIC DISPENSERS

Automatic dispensers for hot drinks

Automatic dispensers for hot or cold bottles or cans

Automatic dispensers for solid products

Automatic dispensers for money

All appliances which deliver automatically all kinds of

products

Schedule 3

(Regulation 2(3)(b))

Categories of EEE covered by these regulations

1. Temperature exchange equipment

2. Screens, monitors, and equipment containing screens

having a surface greater than 100cm 2

3. Lamps

4. Large equipment (any external dimension more than

50cm) including, but not limited to

Household appliances; IT and telecommunication

equipment; consumer equipment; luminaires; equipment

reproducing sound or images, musical equipment;

electrical and electronic tools; toys, leisure and sports

equipment; medical devices; monitoring and control

instruments; automatic dispensers; equipment for the

generation of electric currents. This category does not

include equipment included in categories 1 to 3.

5. Small equipment (no external dimension more than 50cm)

including, but not limited to

Household appliances; consumer equipment; luminaries;

equipment reproducing sound or images, musical

equipment; electrical and electronic tools; toys, leisure and

sports equipment; medical devices; monitoring and control

instruments; automatic dispensers; equipment for the

generation of electric currents. This category does not

include equipment included in categories 1 to 3 and 6.

6. Small IT and telecommunication equipment (no external

dimension more than 50cm)

Schedule 4

(Regulation 2(3)(b))

Non-exhaustive list of EEE which falls within the categories

listed in Schedule 3

1. TEMPERATURE EXCHANGE EQUIPMENT

Refrigerators, Freezers, Equipment which automatically

delivers cold products. Air conditioning equipment,

Dehumidifying equipment, Heat pumps, Radiators

containing oil and other temperature exchange equipment

using fluids other than water for the temperature exchange.

2. SCREENS,

MONITORS,

AND

EQUIPMENT

CONTAINING SCREENS HAVING

A SURFACE

GREATER THAN 100 CM 2

Screens, Televisions, LCD photo frames, Monitors,

Laptops, Notebooks.

3. LAMPS

Straight fluorescent lamps, Compact fluorescent lamps,

Fluorescent lamps, High intensity discharge lamps –

including pressure sodium lamps and metal halide lamps,

Low pressure sodium lamps, LED.

4. LARGE EQUIPMENT

Washing machines, Clothes dryers, Dish washing

machines, Electric stoves, Electric hot plates, Luminaires,

Equipment reproducing sound or images, Musical

equipment (excluding pipe organs installed in churches),

Appliances for knitting and weaving, Large computer-

mainframes, large printing machines, Copying equipment,

Large coin slot machines, Large medical devices, Large

monitoring and control instruments, Large appliances

which automatically deliver products and money.

Photovoltaic panels.

5. SMALL EQUIPMENT

Vacuum cleaners, Carpet sweepers, Appliances for sewing,

Luminaires, Microwaves, Ventilation equipment, Irons,

Toasters, Electric knives, Electric kettles, Clocks and

Watches, Electric shavers, Scales, Appliances for hair and

body care, Calculators, Radio sets, Video cameras, Video

recorders, Hi-fi equipment, Musical instruments,

Equipment reproducing sound or images, Electrical and

electronic toys, Sports equipment, Computers for biking,

diving, running, rowing, etc., Smoke detectors, Heating

regulators, Thermostats, Small Electrical and electronic

tools, Small medical devices, Small Monitoring and

control instruments, Small Appliances which automatically

deliver products, Small equipment with integrated

photovoltaic panels.

6. SMALL

IT

AND

TELECOMMUNICATION

EQUIPMENT (NO EXTERNAL DIMENSION MORE

THAN 50 CM)

Mobile phones, GPS, Pocket calculators, Routers, Personal

computers, Printers, Telephones.

Schedule 5

(Regulation 11)

Minimum Recovery Targets referred to in regulation 11

Part 1

Minimum targets applicable by category from 13

August 2012 until 14 August 2015 with reference to

the categories listed in Schedule 1

(a) for WEEE falling within category 1 or 10 of

Schedule 1,

80% shall be recovered, and

75% shall be recycled;

(b) for WEEE falling within category 3 or 4 of

Schedule 1,

75% shall be recovered, and

65% shall be recycled;

(c) for WEEE falling with category 2, 5, 6, 7, 8 or 9 of

Schedule 1,

70% shall be recovered, and

50% shall be recycled;

(d) for gas discharge lamps, 80% shall be recycled.

Minimum targets applicable by category from 15

August 2015 until 14 August 2018 with reference to

the categories listed in Schedule 1

(a) for WEEE falling within category 1 or 10 of

Schedule 1,

85% shall be recovered, and

80% shall be prepared for re-use and recycled;

(b) for WEEE falling within category 3 or 4 of

Schedule 1,

80% shall be recovered, and

70% shall be prepared for re-use and recycled;

(c) for WEEE falling with category 2, 5, 6, 7, 8 or 9 of

Schedule 1,

75% shall be recovered, and

55% shall be prepared for re-use and recycled;

(d) for gas discharge lamps, 80% shall be recycled.

Minimum targets applicable by category from 15

August 2018 with reference to the categories listed in

Schedule 3

(a) for WEEE falling within category 1 or 4 of

Schedule 3,

85% shall be recovered, and

80% shall be prepared for re-use and recycled;

(b) for WEEE falling within category 2 of Schedule 3,

80% shall be recovered, and

70% shall be prepared for re-use and recycled;

(c) for WEEE falling with category 5 or 6 of Schedule

3,

75% shall be recovered, and

55% shall be prepared for re-use and recycled;

(d) for WEEE falling within category 3 of Schedule 3,

80% shall be recycled.

Schedule 6

(Regulation 25)

Minimum requirements for shipments

1. In order to distinguish between EEE and WEEE where the

holder of the object claims that he intends to ship or is shipping used

EEE and not WEEE, the competent authority shall require the holder

to have available the following to substantiate this claim

(a)

a copy of the invoice and contract relating to the sale

and/or transfer of ownership of the EEE which states that the

equipment is destined for direct re-use and that it is fully

functional;

(b) evidence of evaluation or testing in the form of a

copy of the records (certificate of testing, proof of functionality)

on every items within the consignment and a protocol

containing all record information according to point 3;

(c)

a declaration made by the holder who arranges the

transport of the EEE that none of the material or equipment

within the consignment is waste as defined by regulation 4 of

the Waste Regulations (S.L. 504.37); and

(d) appropriate protection against damage during

transportation, loading and unloading in particular through

sufficient packaging and appropriate stacking of the load.

2. By way of derogation, point 1(a) and (b) and point 3 do not

apply where it is documented by conclusive proof that the shipment is

taking place in the framework of a business-to-business transfer

agreement and that

(a)

the EEE is sent back to the producer or a third party

acting on his behalf as defective for repair under warranty with

the intention of re-use; or

(b) the used EEE for professional use is sent to the

producer or a third party acting on his behalf or a third-party

facility in countries to which Decision C(2001)107/Final of the

OECD Council concerning the revision of Decision C(92)39/

Final on control of transboundary movements if wastes destined

for recovery operations applies, for refurbishment or repair

under a valid contract with the intention of re-use; or

(c)

the defective used EEE for professional use, such as

medical devices or their parts, is sent to the producer or a third

party acting on his behalf for root cause analysis under a valid

contract, in cases where such an analysis can only be conducted

by the producer or third parties acting on his behalf.

3. In order to demonstrate that the items being shipped

constitute used EEE rather than WEEE, the competent authority shall

require the following steps for testing and record keeping for used

EEE to be carried out

Step 1: Testing

(a) Functionality shall be tested and the presence of

hazardous substances shall be evaluated. The tests to be

conducted depend on the kind of EEE. For most of the used

EEE a functionality test of the key functions is sufficient.

(b)

Results of evaluation and testing shall be recorded.

Step 2: Record

(a)

The record shall be fixed securely but not

permanently on either the EEE itself (if not packed) or on the

packaging so it can be read without unpacking the equipment.

(b)

The record shall contain the following information

-

name of item (name of equipment if listed in

Schedule 2 or Schedule 4, as appropriate, and category set

out in Schedule 1 or Schedule 3, as appropriate).

-

identification number of the item (type No)

where applicable,

-

years of production (if available),

-

name and address of the company responsible

for evidence of functionality,

-

result of tests as described in step 1 (including

date of the functionality test),

-

kind of tests performed.

4. In addition to the documentation requested in points 1, 2

and 3, every load (e.g. shipping container, lorry) of used EEE shall be

accompanied by

(a)

a relevant transport document, e.g. CMR or waybill;

(b)

declaration by the liable person on its responsibility.

5. In the absence of proof that an object is used EEE and not

WEEE through the appropriate documentation required in points 1, 2,

3 and 4 and of appropriate protection against damage during

transportation, loading and unloading in particular through sufficient

packaging and appropriate stacking of the load, which are the

obligations of the holder who arranges the transport, the competent

authorities shall consider that an item is WEEE and presume that the

load comprises an illegal shipment. In these circumstances the load

will be dealt with in accordance with Articles 24 and 25 of Regulation

(EC) No 1013/2006.

Schedule 7

(Regulation 8)

Selective treatment for materials and components of waste electrical

and electronic equipment referred to in regulation 8(2)

1. As a minimum the following substances, mixtures and

components have to be removed from any separately collected

WEEE.

-

Polychlorinated biphenyls (PCB) containing

capacitors in accordance with Council Directive 96/59/EC of 16

September 1996 on the disposal of polychlorinated biphenyls

and polychlorinated terphenyls (PCB/PCT),

-

mercury containing components, such as switches or

backlighting lamps,

-

batteries,

-

printed circuit boards of mobile phones generally,

and of other devices if the surface of the printed circuit board is

greater than 10 square centimetres,

-

toner cartridges, liquid and paste, as well as colour

toner,

-

plastic containing brominated flame retardants,

-

asbestos waste and components which contain

asbestos,

-

cathode ray tubes,

-

chlorofluorocarbons (CFC), hydrochlorofluoro-

carbons (HCFC) or hydrofluorocarbons (HFC), hydrocarbons

(HC),

-

gas discharge lamps,

-

liquid crystal displays (together with their casing

where appropriate) of a surface greater than 100 square

centimetres and all those back-lighted with gas discharge lamps,

-

external electric cables,

-

components containing refractory ceramic fibres as

described in Commission Directive 97/69/EC of 5 December

1997 adapting to technical progress for the 23rd time Council

Directive 67/548/EEC on the approximation of the laws,

regulations and administrative provisions relating to the

classification, packaging and labelling of dangerous substances,

-

components containing radioactive substances with

the exception of components that are below the exemption

thresholds set in Article 3 of and Annex I to Council Directive

96/29/Euratom of 13 May 1996 laying down basic safety

standards for the protection of the health of workers and the

general public against the dangers arising from ionizing

radiation,

-

electrolyte capacitors containing substances of

concern (height > 25 mm, diameter > 25 mm or proportionately

similar volume).

These substances, mixtures and components shall be disposed of

or recovered in compliance with the Waste Regulations (S.L. 504.37).

2. The following components of WEEE that is separately

collected have to be treated as indicated

-

cathode ray tubes: the fluorescent coating has to be

removed,

-

equipment containing gases that are ozone depleting

or have a global warming potential (GWP) above 15, such as

those contained in foams and refrigeration circuits: the gases

must be properly extracted and properly treated. Ozone-

depleting gases must be treated in accordance with Regulation

(EC) No 1005/2009,

-

gas discharge lamps: the mercury shall be removed.

3. Taking into account environmental considerations and the

desirability of preparation for re-use and recycling, points 1 and 2

shall be applied in such a way that environmentally-sound preparation

for re-use and recycling of components or whole appliances is not

hindered.

Schedule 8

(Regulation 8)

Technical requirements referred to in regulation 8(3)

1. Sites for storage (including temporary storage) of WEEE

prior to its treatment (without prejudice to the requirements of

Council Directive 1999/31/EC of 26 April 1999 on the landfill of

waste)

-

impermeable surfaces for appropriate areas with the

provision of spillage collection facilities and, where

appropriate, decanters and cleanser-degreasers,

-

weatherproof covering for appropriate areas.

2. Sites for treatment of WEEE

-

scales to measure the weight of the treated waste,

-

impermeable surfaces and waterproof covering for

appropriate areas with the provision of spillage collection

facilities and, where appropriate, decanters and cleanser-

degreasers,

-

appropriate storage for disassembled spare parts,

-

appropriate containers for storage of batteries,

PCBs/PCTs containing capacitors and other hazardous waste

such as radioactive waste,

-

equipment for the treatment of water in compliance

with health and environmental regulations.

Schedule 9

(Regulation 16)

Information to be contained in an application for producer

registration and reporting referred to in regulation 16

A.

Information to be submitted upon registration

1. Name and address of the producer or of the authorised

representative where appointed under regulation 16 (postal code and

location, street name and number, country, telephone and fax number,

e-mail, as well as a contact person to whom the competent authority

may address communications). In the case of an authorised

representative as defined in regulation 16, the contact details of the

producer that is represented should also be stated. Where the producer

is a company, the details should be of the registered office. Where the

producer is not a company, the details should be of the principal place

of business. The business name is to be provided if different from that

referred to above.

2. The national identification code of the producer, including

the national tax (VAT) number, the NACE code, the company

registration number and the range of the number of employees of the

company (1-9, 10-29, 30-49, 50-99, 100-149, 150-249, 250-499,

500+), where applicable.

3. Category of EEE set out in Schedules I or III, as

appropriate.

4. Type of EEE (household or other than household

equipment).

5. Brand name of EEE.

6. Information as to

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

its responsibilities under these regulations individually or

collectively; and

(b)

if collectively

-

the name of the authorised waste electrical

and electronic equipment compliance scheme of which the

producer is a member;

-

the name of the operator of the authorised

waste electrical and electronic equipment compliance

scheme; and

-

the address and telephone number of the

registered office of the operator of the authorised waste

electrical and electronic equipment compliance scheme or,

if not a company registered in Malta, the principal place of

business and telephone number of the operator of the

authorised waste electrical and electronic equipment

compliance scheme in Malta.

7. Information on financial guarantee.

8. Selling technique used (e.g. distance selling).

9. A signed declaration of the truth of the information

provided and the name and title of the signatory of the declaration.

10. The date of the application for registration.

Information to be submitted for reporting

1. National identification code of the producer.

2. Reporting period.

3. Category of EEE set out in Schedules I or III, as

appropriate.

4. Quantity of EEE placed on the national market, by weight,

5. Quantity, by weight, of waste of EEE separately collected,

recycled (including prepared for re-use), recovered and disposed of

within the Member State or shipped within or outside the Union, by

Schedule 10

(Regulation 16)

Public Register

The following information shall be contained in the register in

relation to a producer whose application for registration has been

processed by the competent authority under regulation 16.

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

which the producer operates in Malta.

2. The full postal address (including post code) and telephone

number of

-

the producer’s registered office; or

-

if the producer is not a company registered in Malta,

the producer’s principal place of business in Malta.

3. Information as to whether the producer meets its

responsibilities under these regulations individually or collectively.

4. The producer’s registration number.

5. A statement each year as to whether the producer has met

his obligation under regulation 23 to furnish a statement of

compliance.

Schedule 11

(Regulation 17)

Written Mandate Declaration

Company Name

Address

Hereby appoints

Name

Address

as the Company’s authorised representative in Malta in

accordance with regulation 17.

This mandate is for the following categories

(NAME OF AUTHORISED REPRESENTATIVE) ....................

....................................... hereby represents and undertakes the

responsibilities as the authorised representative for (COMPANY

NAME) ........................................................ in Malta, in accordance

with the Waste Management (Electrical and Electronic Equipment)

Regulations.

This mandate, signed by both parties, commences on the date of

signature unless otherwise declared, and will cease once either party

informs the competent authority in Malta managing the national

register that this mandate has been terminated.

On one part,

NAME OF PRODUCER .......................................

SIGNATURE .........................................................

DATE .....................................................................

On one other part,

NAME OF AUTHORISED REPRESENTATIVE .......................

SIGNATURE .........................................................

DATE .....................................................................

Schedule 12

(Regulation 16)

Schedule of Fees for Registration as a Producer

Category of Activity

Fee (€)

Online registration for producers of electrical and

electronic equipment

Manual registration for producers of electrical and

electronic equipment

€3.69