Waste Management (Waste Batteries and Accumulators)

L.N. 296 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management (Waste Batteries and Accumulators)

(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:-

(1) The title of these regulations is the Waste Citation and

Management (Waste Batteries and Accumulators) (Amendment) commencement.

Regulations, 2015 and these regulations shall be read and construed

as one with the Waste Management (Waste Batteries and S.L. 504.91

Accumulators) Regulations, hereinafter referred to as "the principal

regulations".

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

on the 30th June, 2015.

For paragraph (d) of sub-regulation (2) of regulation 5 of Amends

regulation 5 of

the principal regulations, there shall be substituted the following

the principal

regulations.

"(d) may be run in conjunction with the

collection systems referred to in the Waste

Management

(Electrical

and

Electronic

Equipment) Regulations;".

Regulation 8 of the principal regulations shall be deleted.

Deletes

regulation 8 of

the principal

regulations.

In paragraph (b) of sub-regulation (1) of regulation 13 of Amends

the principal regulations, for the words "in accordance with regulation

the principal

regulation 5(3) and (4):" there shall be substituted the words "in regulations.

accordance with regulation 5(3) and (4). Any draft exemption

measures shall be made public:".

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) Producers shall upon placing batteries and

accumulators 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-regulations (2), (3), (4) and (5) thereof shall be

re-numbered as sub-regulations (3), (4), (5) and (6),

respectively;

(c)

immediately after sub-regulation (1) thereof there

shall be added the following

"(2) Producers registered under sub-regulation (1)

shall renew their registration on an annual basis with the

competent authority by 31 March of each year

Provided that as from the 1st of April of each year

the competent authority shall accept renewals until the end

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

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

6.";

(d) sub-regulation (3) thereof, as re-numbered, shall be

substituted by the following

"(3) Where a producer ceases to place batteries

and accumulators 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 (4) thereof, as re-numbered, shall be

substituted by the following

"(4) An application for registration or renewal by

a producer shall -

(a)

be made either online or in writing;

(b) contain at least the information in

Schedule 4; and

(c)

be accompanied by a fee as prescribed

in Schedule 6."; and

(f)

immediately after sub-regulation (6) thereof, as re-

numbered, there shall be added the following

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

in accordance with Schedule 4 changes, the said producer

shall inform the competent authority thereof no later than

one month after the change.".

Regulation 18 of the principal regulations shall be Amends

regulation 18 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be deleted;

(b) sub-regulation (2) thereof shall be re-numbered as

sub-regulation (1) and shall be substituted by the following

"(1) Upon renewal according to regulation 17(2),

registered producers are to provide to the competent

authority the following information

(a)

the categories of batteries or

accumulators which the registered producer has

placed on the market within Malta between 1

January and 31 December of the immediately

preceding year, and

(b) the quantities and weight of batteries

and accumulators which the registered producer

has placed on the market within Malta between 1

January and 31 December of the immediately

preceding year.";

(c) sub-regulation (3) thereof shall be re-numbered as

sub-regulation (2) and shall be substituted by the following

"(2) The information referred to in sub-regulation

(1) shall be provided either online or in writing."; and

(d) sub-regulations (4), (5) and (6) thereof shall be re-

numbered as sub-regulations (3), (4) and (5) respectively, and

immediately after sub-regulation (5), as re-numbered, there

shall be added the following

"(6) A self-compliant producer shall use the

services of an independent auditor, approved by the

competent authority, to certify that all of the information

reported to the competent authority is in conformity with

the obligations of these regulations. The self-compliant

producer shall ensure that a sound auditing procedure for

traceability, monitoring and control is put into place for all

the waste batteries and accumulators managed.".

Sub-regulation (1) of regulation 22 of the principal

regulations there shall be substituted the following

"(1) Without prejudice to the Waste

Regulations, persons who intend to operate a

waste batteries and accumulators collection,

treatment and recycling scheme as required

under these regulations, including the collection,

sorting, storage, treatment, export and recycling

of waste batteries and accumulators, on behalf of

producers, shall require and obtain a valid

permit from the competent authority in

accordance to the these regulations.".

Regulation 24 of the principal regulations shall be

amendeed as follows

(a)

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

following

"(2) The producer shall moreover submit to the

competent authority, by 31 March each year, a statement of

compliance with the provisions of these regulations, signed

by the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme,

in respect of batteries and accumulators which have been

placed on the market within Malta by the producer

between 1 January and 31 December of the immediately

preceding year.";

(b) paragraphs (d), (e) and (f) of sub-regulation (3)

thereof shall be substituted by the following

"(d) provide the competent authority with

information on any measures taken to encourage

developments affecting the impact of batteries and

accumulators on the environment, mainly

(i)

developments, including voluntary

steps taken by the scheme members, to reduce the

quantities of heavy metals and other hazardous

substances

contained

in

batteries

and

accumulators;

(ii) new

recycling

and

treatment

techniques;

(iii)

economic operators’ participation in

environmental management schemes;

(iv)

research in those fields; and

(v)

measures taken to promote waste

prevention;

(e) provide the competent authority, by 31 March

each year, with the information referred to in regulations

14 and 16 as it applies mutatis mutandis to the producer, in

respect of batteries and accumulators placed on the market

within Malta by the producer between 1 January and 31

December of the immediately preceding year;

(f) provide the competent authority, by 31 March

each year, with a statement of compliance of the producer

with the provisions of these regulations, in respect of

batteries and accumulators placed on the market within

Malta by the producer between 1 January and 31

December of the immediately preceding year.";

(c) sub-regulations (4) and (5) thereof shall be re-

numbered as sub-regulations (6) and (7) respectively; and

(d) immediately after sub-regulation (3) thereof there

shall be added the following

"(4) All the information shall be provided in

quarterly and annual reports. A waste batteries and

accumulators collection, treatment and recycling scheme

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) A waste batteries and accumulators

collection, treatment and recycling scheme shall use the

services of an independent auditor, approved by the

competent authority, to certify all of the information

reported to the competent authority. The auditor shall be

required to certify that all the information reported is as

specified in the permit issued by the competent authority.".

Immediately after Schedule 5 of the principal regulations Adds new

schedule to the

there shall be added the following new schedule

principal

regulations.

"SCHEDULE 6

Schedule of Fees for Registration/Renewal as a Producer

Category of Activity

Fee (€)

Online registration/renewal for producers of

batteries and accumulators ...................................

Manual registration/renewal for producers of

batteries and accumulators ...................................

35".

€054