CHEMICALS CO-ORDINATING COMMITTEE REGULATIONS

CHEMICALS CO-ORDINATING COMMITTEE

SUBSIDIARY LEGISLATION 549.34

CHEMICALS CO-ORDINATING COMMITTEE

REGULATIONS

1st May, 2004

LEGAL NOTICE 328 of 2002, as amended by Legal Notice 12 of 2003;

and Acts XXV of 2015 and XXXIII of 2024.

The title of these regulations is the Chemicals Co-

ordinating Committee Regulations.

Substituted by

L.N. 12 of 2003.

Composition of Chemicals Co-ordinating

Amended by

Committee

XXV. 2015.41;

XXXIII.2024.

First Schedule.

The Chemicals Co-ordinating Committee shall consist of

(a) The Director of the Environment Protection Directorate within the

Environment and Resources Authority, who shall act as Chairperson of the

Committee.

(b) An official designated by the Chairperson of the Environment and Resources

Authority, who shall act as Deputy Chairperson of the Committee.

(c) An official responsible for Customs, designated by the Minister responsible

for finance.

(d) An official responsible for public health, designated by the Minister

responsible for public health.

(e) An official responsible for health and safety at work, designated by Chairperson

of the Occupational Health and Safety Authority.

(f)

An official responsible for agriculture and fisheries, designated by the

Minister responsible for agriculture and fisheries.

(g)

An official designated by the Chairperson Malta Standards Authority.

(h)

An official designated by the Regulator for Energy and Water Services.

(i)

An official designated by the Minister responsible for Civil Protection.

(j)

Any other representative as the Committee may deem necessary.

The objective of these regulations is to set up a committee

with the aim to achieve a holistic multi-partite approach for the

implementation of the Export and Imports of Certain Dangerous

Chemicals Regulations, and for the management of all chemicals

affecting the environment.

The terms of reference of the Chemicals Co-ordinating Committee shall include

(a)

management of chemicals affecting the environment;

(b) gathering of information from the local exporter and notifying the respective

country where such export is intended to take place;

(c) evaluating the risks of chemicals without prejudice to other provisions

adopted;

(d) ensuring that each exported chemical has its relevant EC Export Reference

Number;

(e) setting up an information system on chemicals and the protection of health

and the environment;

(f)

receiving and sending notifications on the importation/exportation of

chemicals from other States;

(g) forwarding notification for distribution to other competent authorities in

other States;

(h) propose and advise upon the appropriate legal and administrative framework to

implement the main regulations.

In these regulations, unless the context otherwise requires

"Agreement" means an agreement, to which Malta is a party,

entered into by a group of states reciprocally granting to citizens of

such states or their dependants the right to enter, remain and reside

in and leave the territory of such state, to move freely within such

states for such period as may be established in the agreement and to

work or estab lish, pro vide o r receive services therein; and

"Agreement State" and "citizen of an Agreement State" shall be

construed accordingly; and where a state is a party to such an

Agreement subject to modifications and adaptations, a citizen of an

A g r e e m e n t St a t e s h a l l b e s u b j e c t t o s u c h m o d i f i c a t i o n s o r

adaptations as may be prescribed"Chairman" means the Chairman

of the Committee;

"chemical substances" means chemical elements and their

compounds in the natural state or obtained by any production

process, including any additive necessary to preserve the stability

of the products and any impurity deriving from the process used,

but excluding any solvent which may be separated without

affecting the stability of the substance or changing its composition;

"chemicals" means chemical substances or preparations;

"committee" means the Chemicals Co-Ordinating Committee;

"competent authority" means the Chemicals Co-ordinating

Committee;

"main regulations" means the Export and Imports of Certain

Dangerous Chemicals Regulations;

"management" means the production, manufacture, transport or

storage of chemicals and the ultimate fate into the environment;

"Minister" means the Minister responsible for the environment;

"placing on the market" means making available to third parties,

whether in return for payment or free of charge;

"preparations" means mixtures or solutions composed of two or

CHEMICALS CO-ORDINATING COMMITTEE

more substances.

Any other terminology shall be understood to have the same

meaning ascribed to it under the main regulations.

(1) The Chemicals Co-ordinating Committee shall be

established under these regulations and shall be referred to as the

committee.

(2) The Committee shall be the national competent authority

for regulating the export, import of dangerous chemiclas and the

placing on the market of any chemicals referred to in the main

regulations and matters related thereto.

The competent authority shall ensure that the conditions of

procedure for the grant of the permit and compliance monitoring

shall be fully co-ordinated, in order to guarantee an effective

integrated approach by all authorities competent for this procedure.

(1) The composition and terms of reference of the

Committee shall be as respectively shown in Schedules I and II.

(2) The Minister shall apoint a Board Secretary to the

Committee.

(3) The members of the Committee shall be so appointed for a

term of three years

Provided that the Chairman and the other members of the

Committee may resign their office at any time by giving notice in

writing to the Minister, and the Minister may at any time remove

the Chairman and, or any of the members of the Committee on

grounds of disability to perform their functions, of bankruptcy or

neglect of duty.

(4) Without prejudice to any of these regulations, the

Committee may regulate its own procedures and meetings.

The Chairman may set up any other sub-committee to

assist the Committee as it may deem necessary.

(1) Any person requiring any permit under the main

regulations shall submit the notifications for a permit to the

competent authority.

(2) The competent authority shall authorise the granting of any

permit and the registration of any dangerous chemicals, under the

m ai n r e g u l a t i o n s , t h r o u g h t h e E n v i r o n m e n t a n d R e s o u r c e s

Authority.

(3) The competent authority may decide to forward the

notification to any other public entity for consultation before

finalising its rulings and recommendations.

(4) The competent authority shall forward its rulings to the

Customs Department who will be responsible for implementing

these rulings.

CHEMICALS CO-ORDINATING COMMITTEE