Waste Management (Waste Batteries) Regulations, 2025 (wastebatteries)

L.N. 232 of 2025

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste Management (Waste Batteries) Regulations, 2025

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, has made the following regulations:-

(1) The title of these regulations is

the Waste Citation and

scope.

Management (Waste Batteries) Regulations, 2025.

(2) The scope of these regulations is to implement the

requisites of the provisions of Chapter VIII of Regulation (EU) 2023/

1542 of the European Parliament and of the Council of 12 July 2023

concerning batteries and waste batteries, amending Directive 2008/98/

EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/

EC.

(regulation 4)

WRITTEN MANDATE DECLARATION

Name of Producer

Address

hereby appoints

Name of legal or natural person established in Malta

Address

, as the producer’s authorised representative in Malta in accordance with

regulation 4.

Name of legal or natural person established in Malta

hereby represents and undertakes the responsibilities as the authorised

representative in Malta for

Name of Producer

, in accordance with the Waste Management (Waste Batteries) Regulations

(L.N. 232 of 2025).

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

unless otherwise declared, and shall 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

€0.36

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Environment Protection Act;

"Authority" or "competent authority" means the

Environment and Resources Authority as established by article 6

of the Act;

"producer" shall have the same meaning as assigned to in

Article 3(47)(d) of Regulation (EU) 2023/1542;

"Regulation (EU) 2023/1542" means Regulation (EU)

2023/1542 of the European Parliament and of the Council of 12

July 2023 concerning batteries and waste batteries, amending

Directive 2008/98/EC and Regulation (EU) 2019/1020 and

repealing Directive 2006/66/EC.

The Authority shall be the competent authority responsible Designation of

for the implementation of the obligations established in Chapter VIII competent

authority.

of Regulation (EU) 2023/1542.

A producer shall appoint an authorised representative for Extended

extended producer responsibility for the batteries sold to end-users in producer

responsibility.

Malta. Such appointment shall be made by written mandate by means

of a declaration as listed in the Schedule.

(1) Each producer participating in an authorised producer

responsibility organisation shall pay a non-refundable fee of ten euro

(€10) to be registered with the Authority.

(2) Self-compliant producers shall pay the fee established in

Category 1.44 of the First Schedule to the Environmental Permitting

(Procedure for Application and their Determination) Regulations,

which includes both the authorisation in accordance with Article 58 of

Regulation (EU) 2023/1542 as well as the registration in accordance

with Article 55 of Regulation (EU) 2023/1542.

(3) The register of producers shall be maintained by the

Authority and made available on its website.

The Authority may appoint an independent expert for the

carrying out of the verification stipulated in Article 58(3) of

Regulation (EU) 2023/1542 at the expense of the applicant.

(1) The authorisation procedure in accordance with

Article 58 of Regulation (EU) 2023/1542 and the registration

procedure in accordance with Article 55 of Regulation (EU) 2023/

1542 shall constitute a single procedure.

(2) When the requirements of Article 58 of Regulation (EU)

2023/1542 are not fulfilled, the producer shall be notified by the

Authority that participation in an authorised producer responsibility

organisation for all batteries made available for the first time on the

market in Malta shall be required.

Waste batteries 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 authorised producer responsibility

organisations

(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 producer responsibility organisation, which price shall

be subject to the scrutiny and approval of the Minster; and

(b) shall be proportionately distributed amongst

authorised producer responsibility organisations on the basis of

the average weight and the category of the batteries made

available on the market for the first time by the members of the

producer responsibility organisations in the three (3) preceding

years, as may be determined by the Authority from time to time.

(1) Self-compliant producers and authorised producer Auditing of

responsibility organisations shall use the services of an independent information

submitted to the

auditor, approved by the Authority, to certify that all of the information Authority.

reported to the Authority is in conformity with the obligations of

Chapter VIII of Regulation (EU) 2023/1542.

(2) The annual report together with the audited report shall be

submitted to the Authority within six (6) calendar months from the

closing of the year.

The Authority may impose an administrative penalty in Administrative

accordance with articles 80 and 81 of the Act in case of any breach of penalties.

Chapter VIII of Regulation (EU) 2023/1542 or these regulations

Provided that the applicable administrative penalty for any

person disposing of waste batteries in the form of unsorted municipal

waste shall be one hundred euro (€100) per battery disposed.

The Waste Management (Waste Batteries and Repeal and

Accumulators) Regulations shall be repealed without prejudice to saving.

anything done or omitted to be done thereunder

Provided that regulation 9(4) and Part B of Schedule 2 of

the Waste Management (Waste Batteries and Accumulators)

Regulations shall be repealed on 31 December 2025 without prejudice

to anything done or omitted to be done thereunder.