ECO-CONTRIBUTION (APPROVED WASTE RECOVERY FACILITIES) REGULATIONS

ECO-CONTRIBUTION (APPROVED

WASTE RECOVERY FACILITIES)

SUBSIDIARY LEGISLATION 473.04

ECO-CONTRIBUTION (APPROVED WASTE

RECOVERY FACILITIES) REGULATIONS

15th February, 2008

LEGAL NOTICE 74 of 2008.

(1) The title of these regulations is the Eco-Contribution

(Approved Waste Recovery Facilities) Regulations.

(2) These regulations provide measures, procedures and

guidance to the Act for the granting of exemptions in respect of

eco-contribution due by producers who participate in the recovery

of waste through approved schemes.

In these regulations, unless the context otherwise requires

''Act'' means the Eco-Contribution Act;

''approved scheme'' means a scheme or waste recovery scheme

that is approved by the Minister and that is operational during the

period to which an exemption applied for and obtained under these

regulations refers;

''approved waste recovery facility'' means a facility approved in

terms of the Waste Recovery Scheme Regulations;

''scheme'' or ''waste recovery scheme'' means a system through

which any producer can demonstrate the recovery of waste of the

products placed by such producer on the market, when the waste

resulting from such products are delivered to one or more approved

waste recovery facilities.

A producer who participates in an approved waste recovery

scheme for products on which an eco-contribution is due, shall be

exempt, in accordance with these regulations, from payment of the

eco-contribution on products the producer indicates that the waste

resulting therefrom will be recovered through the approved

scheme.

(1) Exemption from payment of the eco-contribution due

on products the waste resulting therefrom will be recovered

through participation in an approved scheme shall be granted to a

producer who proves to the satisfaction of the Minister that he is a

participant in an approved scheme at the beginning of a calendar

year and continues to participate in such scheme for the full

duration of the said calendar year.

(2) Where a producer who obtained an exemption from

payment of eco-contribution ceases to participate in the approved

scheme he subscribed to during the relevant calendar year, the

exemption granted shall be forfeited and the producer shall be

bound to pay the eco-contribution that would have been due in the

absence of the exemption, together with interest for late payment

ECO-CONTRIBUTION (APPROVED

WASTE RECOVERY FACILITIES)

Provided that on ceasing to participate in an approved

scheme a producer who would have participated in said scheme for

a continuous period of at least six months in the calendar year will

not forfeit the exemption for the relevant calendar year.

(3) The amount of interest shall be calculated on the amount of

eco-contribution that would have been due in the absence of the

exemption and shall accrue as from the date when such

contribution would have been due at the rate of eight percent per

annum.

(1) An application to the Minister for the approval of a

waste recovery scheme may only be made by one or more

producers who subscribe to such scheme

Provided that where more than one producer seeks approval

of a particular scheme, application for approval of the scheme shall

be made jointly.

(2) Application for approval shall be made on the prescribed

form and shall be accompanied by a description of the details of

operation of the scheme; the approved waste recovery facility or

facilities the scheme will oblige its participants to deliver waste

resulting from products they place on the market; and methods of

monitoring and enforcing adherence to such obligation.

(3) The Minister shall process a valid application for approval

of a scheme made within a period of three months from its date of

submission and shall determine the date of commencement of the

period of exemption.

(4) In processing an application for approval under these

regulations, the Minister may request the applicant or applicants to

submit further details on the information provided in the

application relative to the scheme approval of which is sought

under these regulations.

(1) An application to the Minister for an exemption from

eco-contribution due may only be made by a producer who

participates in an approved scheme.

(2) Application for exemption shall be made on the prescribed

form and shall be accompanied by a declaration issued by an

approved scheme confirming the subscription and participation to

the approved scheme by the applicant producer, and the products

that will be placed on the market by the applicant producer during

the calendar year to which the application for exemption refers and

which products and their waste will be subject to the scheme.

(3) Application for exemption shall be made by no later than

thirty days from the date of subscription to an approved scheme and

in respect of the eco-contribution which will fall due during the

current or forthcoming calendar year on products that will be

placed on the market during the current or forthcoming year

respectively and the waste of which products will be recovered by

participation by the applicant producer to an approved scheme.

(4)

The Minister shall process a valid application for

ECO-CONTRIBUTION (APPROVED

WASTE RECOVERY FACILITIES)

exemption made within a period of three months from its date of

submission.

(5) In processing an application for exemption under these

regulations, the Minister may request the producer to submit

further details on the information provided in the application

relative to the products that will be placed on the market that will

be recovered through participation in the approved scheme.

A producer who would have obtained an exemption from

payment of eco-contribution for all products in respect of which an

exemption was obtained shall be required to

(a) maintain accurate records of product movements;

(b) consent and comply with all requests to monitor, check

and produce for inspection any such records and any

other documents relative to the recovery of waste from

the products; and

(c) ensure compliance with all requirements of the Act

and of the regulations and with such other requests

made by the Minister.

(1) Where an application for exemption contains false or

incorrect information, and the applicant producer does not correct

s u c h a p p l ic a t i o n i n a c c o r d a n c e w it h t h e p r ov i s i o n s o f t h i s

regulation, such applicant producer shall be liable to an

administrative penalty equivalent to the amount of the eco-

contribution that would have been due had the exemption not been

obtained

Provided that where such contribution does not amount to

two hundred and thirty-three euro (€233), the administrative

penalty shall be of two hundred and thirty-three euro (€233).

(2) A producer who has made any form of incorrect statement

in an application for exemption may correct the said claim by the

delivery of a corrected application form not later than ten days

from when the application form containing the incorrect statement

was furnished to the Minister, clearly indicating that the adjusted

application form replaces the application furnished earlier

Provided that where a producer corrects an application

form, he shall nonetheless be liable to an administrative penalty of

two hundred and thirty-three euro (€233).

(1) Where an exemption is obtained in a fraudulent or any

other irregular manner, an administrative penalty equivalent to

twenty per cent of the amount unduly exempted shall become due,

together with interest at the rate of one percent per month or part

thereof which interest shall start to run from the date of payment of

the amount unduly exempted to the date when such amount

together with the administrative penalty and interest is paid back to

the Minister

Provided that the amount of such administrative penalty

and interest taken together shall not exceed the amount obtained in

a fraudulent or any other irregular manner.

ECO-CONTRIBUTION (APPROVED

WASTE RECOVERY FACILITIES)

(2) Where an exemption has been obtained in a fraudulent or in

any other irregular manner, the Minister shall proceed directly to

recover the amounts wrongly exempted and any penalties and

interest imposed.

(3) Where an administrative penalty had been imposed and

interest has become due, but has not been paid, the Minister shall

suspend any further exemption to the producer concerned until it

has been paid.

Any amount of administrative penalty due by a producer

under these regulations shall not relieve that producer from a

higher or a further penalty to which he may have become or may

become liable in terms of any provisions of the Act or regulations

made thereunder.

The provisions of Parts VI and VII of the Act shall apply in

respect of administrative penalties imposed in terms of these

regulations and all reference therein to the “authority” and

“competent authority” shall be construed as a reference to the

“Minister”.