145 tal-2017 (batterijiuakkumulaturi)

L.N. 145 of 2017

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste Management (Waste Batteries and Accumulators)

(Amendment) Regulations, 2017

BY VIRTUE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for Sustainable

Development, the Environment and Climate Change, in consultation

with the Environment and Resources Authority, has made the

following regulations:-

The title of these regulations is the Waste Management Citation.

(Waste Batteries and Accumulators) (Amendment) Regulations,

2017, and these regulations shall be read and construed as one with S.L. 549.54

the Waste Management (Waste Batteries and Accumulators)

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

(Regulation 22)

Fee for an authorised waste batteries and accumulators collection,

treatment and recycling scheme

The fee which is to be paid by an authorised waste batteries and

accumulators collection, treatment and recycling scheme upon being

granted a permit or upon being granted a renewal of its permit

according to regulation 22 is calculated as follows

A x B = SF

where

"A" is the number of registered producers participating in the

scheme;

"B" is a fee of ten euro (€10) to be charged for each registered

producer participating in the scheme;

"SF" is the scheme fee.

The fee shall be submitted to the competent authority within six

(6) months of the issuance of the permit or its renewal.".

€0.36

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

regulation 3 of

regulations shall be amended as follows

the principal

regulations.

(a)

the definition "the competent authority" shall be

substituted by the following

" "the competent authority" has the same meaning

as "the authority" as defined in article 2 of the Act;"; and

(b) immediately after the definition "industrial battery

or accumulator" there shall be added the following new

definition

" "local agency" has the same meaning as "entity of

government" as defined in article 2 of the Act;".

Immediately after sub-regulation (4) of regulation 5 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(5) Waste batteries and accumulators collected through

systems funded by Local Councils, or by any local agency, shall

be deposited at facilities operated by a local agency designated

by the Minister and shall thereafter be handed over to waste

batteries and accumulators collection, treatment and recycling

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 amongst

authorised waste batteries and accumulators collection,

treatment and recycling schemes on the basis of the

average weight and category of batteries and accumulators

placed on the market by schemes.".

Regulation 11 of the principal regulations shall be

amended as follows

(a)

the current regulation shall be re-numbered as sub-

regulation (1) thereof; and

(b) immediately after sub-regulation (1) thereof, as re-

numbered, there shall be added the following new sub-

regulation

"(2) Any person disposing of waste batteries and

accumulators in the form of unsorted municipal waste may

be fined in accordance with the Schedule of Fines in

Schedule 7.".

Sub-regulation (3) of regulation 17 shall be substituted by

the following

"(5) Where a producer ceases to place batteries and

accumulators on the market, the producer shall apply for

deregistration with the competent authority by completing the

deregistration form.".

Sub-regulation (6) of regulation 18 shall be deleted.

Regulation 22 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (2) thereof, for the words from

"Without prejudice to the Waste Regulations," to the words

"with the following information as applicable:" there shall be

substituted the following

"Without prejudice to the Waste Regulations, an

application for a permit with the competent authority, shall

be accompanied by a fee of five hundred euro (€500) and

the following information as applicable:"; and

(b) immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulation

"(5) A waste batteries and accumulators

collection, treatment and recycling scheme that has been

granted a permit shall, upon granting of the permit or

renewal, be charged a fee as prescribed in Schedule 8.".

Sub-regulation (5) of regulation 24 of the principal Amends

regulation 24 of

regulations shall be deleted.

the principal

regulations.

Regulations 25, 26, and 27 of the principal regulations Renumbering of

regulations 25,

shall be renumbered as regulations 26, 27 and 28 respectively.

26, and 27 of the

principal

regulations.

Immediately after regulation 24 of the principal Adds new

regulation 25 to

regulations, there shall be added the following new regulation

the principal

regulations.

" Auditing.

(1) Self-compliant producers, or

authorised waste batteries and accumulators

collection, treatment and recycling 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

batteries and accumulators collection, treatment

and recycling schemes, the auditor shall be

required to certify that all the information

reported to the competent authority is as

specified in the competent authority’s permit

itself.

(4) Both self-compliant producers or

permit holders of the authorised waste batteries

and accumulators collection, treatment and

recycling schemes shall ensure that a sound

auditing procedure for traceability, monitoring

and control is put into place for all waste

batteries and accumulators managed.".

11. Immediately after Schedule 6 to the principal regulations

there shall be added the following new Schedules

"SCHEDULE 7

(Regulation 11)

Schedule of Fees for disposal of waste batteries and accumulators

in the form of unsorted municipal waste

Any person disposing of waste batteries and accumulators in the

form of unsorted municipal waste may be fined €100 per piece of

batteries and accumulators disposed.