Waste Management (Electrical and Electronic Equipment)

L.N. 232 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management (Electrical and Electronic Equipment)

(Amendment) Regulations, 2015

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

Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment, and Climate Change,

after consultation with the Malta Environment and Planning

Authority, has made the following regulations:-

The title of these regulations is the Waste Management

(Electrical and Electronic Equipment) (Amendment) Regulations,

2015, and these regulations shall be read and construed as one with

the Waste Management (Electrical and Electronic Equipment)

Regulations, hereinafter referred to as "the principal Regulations".

Sub-regulation (1) of regulation 3 of the principal

regulations shall be amended as follows

(a) immediately after the definition "large-scale

stationary industrial tools" there shall be added the following

new definition

" "local agency" has the same meaning as "Agency

of Government" as defined in article 2 of the Act;";

(b) for the definition "making available on the market"

there be substituted the following

" "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 or free of charge;";

(c)

for the definition "placing on the market" there shall

be substituted the following

" "placing on the market" means the first making

available of a product on the market within the territory of

Malta on a professional basis;"; and

(d)

for the definition "WEEE from private households"

there shall be substituted the following

" "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 shall in any event be considered to be

WEEE from private households.".

Sub-regulation (4) of regulation 5 of the principal Amends

regulation 5 of

regulations shall be substituted by the following

the principal

regulations.

"(4) WEEE collected through systems funded by Local

Councils or by any other local agency, shall be deposited at

facilities operated by a local agency designated by the Minister

and shall thereafter be handed over to waste electrical and

electronic equipment compliance schemes

(a) at a price that shall reflect the total cost

recovery of collection and storage up to the point of take-

over by the respective scheme, which price shall be subject

to the scrutiny and approval of the Minster; and

(b) shall be proportionately distributed by

category amongst authorised waste electrical and

electronic equipment schemes on the basis of the average

weight of EEE placed on the market by schemes in the

three preceding years, covering at least their minimum

obligations set out in regulation 7(1), as may be

determined by the competent authority.".

Sub-regulation (1) of regulation 12 of the principal Amends

regulation 12 of

regulations shall be substituted by the following

the principal

regulations.

"(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 either set up under regulation

5(2) or operated by either Local Councils or by any other local

agency.".

Regulation 17 of the principal regulations shall be Amends

regulation 17 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following

"(1) A producer other than a producer who 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 Member

State or third country may, by way of exception to

regulation 3(1), appoint a legal or natural person

established in Malta as the authorised representative that is

responsible for fulfilling the obligations of that producer,

pursuant to these regulations in Malta."; and

(b) sub-regulation (5) thereof shall be substituted by the

following

"(5) Where the provisions of sub-regulation (2)

are not complied with, the EEE introduced into the

Customs territory of Malta may be seized until that

producer complies with the provisions of this regulation.".

In sub-regulation (3) of regulation 12 of the principal

regulations the words from "Each producer or authorised

representative" to the words "or a blocked bank account." shall be

Immediately after regulation 13 of the principal

regulations, there shall be added the following new regulation

" Guarantee.

(1)

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 regulations 12(1) and 13(1) relating to his

product will be financed.

(2) The guarantee referred to in sub-

regulation (1) shall be to the satisfaction of the

competent authority and shall take the form of a

recycling insurance or a blocked bank account

and shall be submitted to the competent

authority upon registration or renewal with the

competent authority pursuant to regulation 16.

The blocked bank account for a producer or an

authorized representative shall take the form of a

bank guarantee according to the rates prescribed

in Schedule 13.

(3) A producer or an authorized

representative shall be exempt from sub-

regulation (2) if he is a member of a waste

electrical and electronic compliance scheme.

(4) An authorised waste electrical and

electronic compliance scheme shall provide a

financial guarantee that is to the satisfaction of

the competent authority, that shall take the form

of either a bank guarantee according to the rates

prescribed in Schedule 14 or a recycling

insurance. The financial guarantee shall be

submitted to the competent authority within

thirty (30) days of the beginning of every

operational year of the waste electrical and

electronic compliance scheme. The scheme shall

notify the competent authority if the average

weight of EEE placed on the market by its

members, increases by twenty-five per cent

(25%) and shall thereafter within thirty (30) days

review the financial guarantee reflect such an

increase.

(5) The recycling insurance referred to in

sub-regulations (2) and (4) shall cover at least all

of the costs of the collection, treatment, recovery

and environmentally sound disposal of WEEE

that will arise from the electrical and electronic

equipment placed on the market in Malta by its

members, for a period of not less than the life of

the product

Provided

that

the

competent

authority may stipulate additional measures to

be covered by the aforementioned insurance.

(6) In cases where a producer or an

authorized representative acting as a self-

compliant producer or an authorised waste

electrical and electronic equipment compliance

scheme fails to achieve the obligations pursuant

to regulations 12(1) and 13(1), the competent

authority shall seize the financial guarantee to

finance the operations related to the

management of WEEE that has not been

collected, treated, recovered and disposed of in

an environmentally sound manner by the

producer, authorised representative or authorised

waste electrical and electronic compliance

scheme.

(7) Without prejudice to sub-regulation

(1), in the event that the business of a producer,

authorised representative or waste electrical and

electronic compliance scheme -

(a)

ceases to trade, or

(b) goes into liquidation,

the financial guarantee provided for in sub-

regulations (2) and (4) shall not be used by any

person or persons, including the liquidator,

concerned for any purpose, including the

discharge of liabilities to creditors, whether

secured creditors, preferential creditors,

creditors claiming under retention of title,

creditors with claims supported by guarantees or

indemnities, ordinary creditors or, subordinated

creditors, other than for fulfilling the obligations

of the producer concerned as laid down in

regulations 12(1) and 13(1)."

8. Regulation 16 of the principal regulations shall be

amended as follows

(a)

sub-regulation (2) thereof shall be substituted by the

following

"(2) Producers or authorised representatives

appointed under regulation 17 shall, upon placing

electrical and electronic equipment on the market for the

first time within the territory of Malta, apply to be

registered with the competent authority and shall be

provided with a registration number upon registration.";

(b) Sub-regulation (3) thereof shall be substituted by the

following

"(3) Producers or authorised representatives

registered under sub-regulation (2) shall renew their

registration on an annual basis with the competent

authority by the 31st March of each year

Provided that as from 1 April of each year the

competent authority shall accept renewals until the end of

the year at an additional fee of twenty euro (€20) per

month or part thereof of the fee/s prescribed in Schedule

12.";

(c) sub-regulation (4) thereof shall be substituted by the

following

"(4) An application for registration by producers

or authorised representatives appointed under regulation

17 shall contain the information set out in Part A of

Schedule 9 and that for renewal shall contain at least the

reporting information set out in Part B of Schedule 9.

Furthermore, an application for registration or

renewal by a producer or an authorised representative

appointed under regulation 17 shall

(a)

be made either online or in writing; and

(b) be accompanied by a fee as prescribed

in Schedule 12.";

(d) sub-regulation (5) thereof shall be substituted by the

following

"(5) Where a producer ceases to place electrical

and electronic equipment on the market, the producer shall

deregister by informing the competent authority within

twenty working days of his ceasing to do so.";

(e) sub-regulation (6) thereof shall be substituted by the

following

"(6) In the case the data submitted by the producer

or an authorised representative in accordance with

Schedule 9 changes, the said producer shall inform the

competent authority thereof no later than one month after

the change."; and

(f)

immediately after the sub-regulation (10) thereof

there shall be added the following new sub-regulation

"(11) Without prejudice to regulation 27, as from 1

September 2015

(a) any

producer

or

authorised

representative who fails to apply for registration in

accordance to sub-regulation (2) shall, on

conviction, be liable to a fine of seven hundred and

fifty euro (€750) per tonne of EEE placed on the

market from the first placing of EEE on the market

until he applies for registration; and

(b) any

producer

or

authorised

representative who fails to renew his registration

by the end of the year in accordance to sub-

regulation (3) shall, on conviction, be liable to a

fine of seven hundred and fifty euro (€750) per

tonne of EEE placed on the market from the

beginning of the year in which he should have

renewed until he applies for renewal.".

9. Schedule 12 to the principal regulations shall be

substituted by the following

"Schedule 12

(Regulation 16)

Schedule of Fees for Registration/Renewal as a Producer

Category of Activity

Fee (€)

Online registration/renewal for producers of

electrical and electronic equipment

Manual registration/renewal for producers of

electrical and electronic equipment

".

10. Immediately after Schedule 12 to the principal regulations

there shall be added the following new Schedule

"Schedule 13

(Regulation 12)

Bank Guarantee for self-compliant producers

In 2016, two hundred and ten euro (€210) per tonne of the

average weight of EEE placed on the market in Malta in

the three preceding years;

In 2017, two hundred and twenty-five euro (€225) per

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

Malta in the three preceding years;

In 2018, two hundred and fifty euro (€250) per tonne of the

average weight of EEE placed on the market in Malta in

the three preceding years;

In 2019, two hundred and seventy-five euro (€275) per

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

Malta in the three preceding years;

In 2020, three hundred (€300) per tonne of the average

weight of EEE placed on the market in Malta in the three

preceding years; and

In 2021 and onwards, three hundred and twenty-five

(€325) per tonne of the average weight of EEE placed on

the market in Malta in the three preceding years.

For the purpose of this Schedule any amount less than one (1)

tonne shall be taken to be equal to one (1) tonne for all years.".

11. Immediately after Schedule 13 to the principal regulations Adds new

schedule to the

there shall be added the following new Schedule

principal

regulations.

"Schedule 14

(Regulation 12)

Bank Guarantee for a waste electrical and electronic equipment

compliance scheme

In 2016, twenty-one euro (€21) per tonne of the average

weight of EEE placed on the market in Malta by its

members in the three preceding years;

In 2017, twenty-three euro (€23) per tonne of the average

weight of EEE placed on the market in Malta by its

members in the three preceding years;

In 2018, twenty-five euro (€25) per tonne of the average

weight of EEE placed on the market in Malta by its

members in the three preceding years;

In 2019, twenty-eight euro (€28) per tonne of the average

weight of EEE placed on the market in Malta by its

members in the three preceding years;

In 2020, thirty euro (€30) per tonne of the average weight

of EEE placed on the market in Malta by its members in

the three preceding years; and

In 2021 and onwards, thirty-three euro (€33) per tonne of

the average weight of EEE placed on the market in Malta

by its members in the three preceding years.".

€0.81