WASTE MANAGEMENT (END OF LIFE VEHICLES) REGULATIONS

SUBSIDIARY LEGISLATION 549.36

WASTE MANAGEMENT (END OF LIFE VEHICLES)

REGULATIONS

1st May, 2004

LEGAL NOTICE 99 of 2004, as amended by Legal Notices 426 of 2007,

340 of 2010, 244 of 2011, 96 of 2012 * , 346 of 2013,346 of 2017 and 316 of

2018, 313 of 2020, 150 of 2021 and 202 of 2024.

(1) The title of these regulations is the Waste Management

(End of Life Vehicles) Regulations.

(2) These regulations provide additional measures, procedures

and guidance to those in the Waste Regulations, which aim, as a

first priority, at the prevention of waste from vehicles and, in

addition, at the re-use, recycling and other forms of recovery of end

of life vehicles and their components so as to reduce the disposal of

waste. They also aim to achieve the improvement in the

environmental performance of all of the economic operators

involved in the life cycle of vehicles and, especially, the operators

directly involved in the treatment of end of life vehicles.

(3) These regulations bring into effect the provisions of Directive

2000/53/EC of the European Parliament and of the Council of 18

September 2000 on end-of-life vehicles, as amended by Directive

2008/33/EC of the European Parliament and of the Council of 11

March 2008, Directive 2008/112/EC of the European Parliament and

of the Council of 16 December 2008, Commission Directive 2017/

2096/EU of 15 November 2017, Commission Delegated Directive

(EU) 2020/362 of 17 December 2019, , Commission Delegated

Directive 2020/363/EU of 17 December 2019, and Commission

Delegated Directive (EU) 2023/544 of 16 December 2022.

(4) The Environment and Resources Authority, the Malta

Competition and Consumer Affairs Authority and the Authority for

Tr a n s p o r t i n M a l t a s h a l l , i n c a r r y i n g o u t t h e i r d e s i g n a t e d

responsibilities, ensure that the objectives of these regulations are

achieved.

(5) These regulations shall be read and construed in the context of

the provisions of the Extended Producer Responsibility Framework

Regulations.

*Legal Notice 96 of 2012 erroneously referred to the substitution of Schedule 4 of

these Regulations. The reference should have been to Schedule 3 since the original

Schedule 4 (which deals with ‘Materials and components exempt from regulation 4’)

had been re-numbered as Schedule 3 by Legal Notice 244 of 2011.

Re-numbered by

L.N. 244 of 2011.

Minimum requirements for the certificate

of destruction issued in accordance

with regulation 5(3)

1. Name, address, signature and registration or identification number of the

establishment or undertaking issuing the certificate;

2. Name and address of the competent authority responsible for the permit (in

accordance with regulation 6) for the establishment or undertaking issuing the

certificate of destruction;

3. Where the certificate is issued by a producer, dealer or collector on behalf of

an authorised treatment facil ity, the name and address and registrati on or

identification number of the establishment or undertaking issuing the certificate;

4. Date of issue of the certificate of destruction;

5. Vehicle nationality mark and registration number (attach the registration

document or a statement by the establishment or undertaking issuing the certificate

that the registration document has been destroyed);

6. Class of vehicle, brand and model;

7. Vehicle identification number (chassis);

8. Name, address, nationality and signature of the holder or owner of the

vehicle delivered.

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"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 su ch m o d i f i c a t i o n s o r

adaptations as may be prescribed;

"competent authority" means the Environment and Resources

Authority, the Malta Competition and Consumer Affairs Authority and

the Authority for Transport in Malta, each according to their

designated responsibilities for different provisions of these

regulations; and such other body or person as the Minister responsible

for the environment may by order in the Gazette prescribe, and

different bodies or persons may be designated as the competent

authority for different provisions and different purposes of these

regulations;

"dismantling information" means all information required for the

correct and environmentally sound treatm ent of end of life

vehicles. It shall be made available to authorised treatment

facilities by vehicle manufacturers and component producers in the

form of manuals or by means of electronic media;

"disposal" shall have the same meaning as in the Waste Regulations;

"economic operators" means producers, distributors, collectors,

motor vehicle insurance companies, dismantlers, shredders,

recoverers, recyclers and other treatment operators of end of life

vehicles, including their components and materials;

"end of life vehicle" means a vehicle which is waste within the

meaning of regulation 4 of the Waste Regulations;

"hazardous substance" means any substance which fulfils the

criteria for any of the following hazard classes or categories set out

in Annex 1 of Regulation (EC) No 1272/2008 of the European

Parliament and of the Council of 16 December 2008 on

classification, labelling and packaging of substances and

mixtures *

(i)

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and

B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14

categories 1 and 2, 2.15 types A to F;

(ii) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual

function and fertility or on development, 3.8 effects

other than narcotic effects, 3.9 and 3.10;

(iii) hazard class 4.1;

(iv) hazard class 5.1;

"motor tricycles" means vehicles with three symmetrically

arranged wheels fitted with an engine having a cylinder capacity of

more than 50 cm 3 of the internal combustion type or a maximum

design speed of more than 45 km/h;

*OJ L 353, 31.12.2008, p. 1.

"permit" means a permit issued under the Waste Regulations;

"prevention" means measures aiming at the reduction of the

quantity and the harmfulness for the environment of end of life

vehicles, their materials and substances;

"producer" means the vehicle manufacturer or the professional

importer of a vehicle into Malta

"put on the market" means when a vehicle, materials or

components of vehicles are transferred from the manufacturing

stage with the intention of distribution on the market;

"recovery" shall have the same meaning as assigned to it in the

Waste Regulations;

"recycling" means the reprocessing, in a production process, of

the waste materials for the original purpose or for other purposes,

but excluding energy recovery. Energy recovery means the use of

combustible waste as a means to generate energy through direct

incineration with or without other waste but with recovery of the

heat;

"reuse" means any operation by which components of end-of life

vehicles are used for the same purpose for which they were conceived;

"shredder" means any device used for tearing into pieces or

fragmenting end of life vehicles, including for the purpose of

obtaining directly reusable metal scrap;

"special purpose vehicles" means a motor vehicle specially

constructed or adapted, equipped with various devices that enable it

to perform certain non-transport functions. This means that the

primary purpose of such a vehicle is not the transport of persons or

goods. This category of vehicles includes

•

motor breakdown lorries,

•

motor pump vehicles (for example, fire fighting

vehicles),

•

lorries used for cleaning streets, gutters, and similar

activities (for example, sweepers, sprinklers and

cesspool emptiers),

•

spraying lorries of all kinds, whether or not fitted with

heating equipment,

•

crane lorries, not for the transport of goods,

•

mobile drilling derricks,

•

lorries fitted with stacking mechanisms, that is, with a

platform which moves on a vertical support and is

generally powered by the vehicle engine,

•

concrete mixer lorries,

•

mobile electric generator sets,

•

mobile radiological units, clinics and laboratories,

•

outside broadcasting units (motor vehicles),

telegraphy, radio-telegraphy or radio-telephony

transmitting and receiving vans, radar vans,

•

searchlight lorries,

•

mobile kiosks,

•

other motor vehicles not specified in these regulations;

"three wheel motor vehicle" means three-wheel motor vehicles,

twin-wheeled or otherwise, intended to travel on the road, but

excluding -

•

motor tricycles,

•

tractors and machines used for agricultural or similar

purposes,

•

vehicles designed primarily for off-road leisure use

having wheels arranged symmetrically with one wheel

at the front of the vehicle and two at the rear,

•

vehicles intended for pedestrian control,

•

vehicles intended

for

use

by

the

physically

handicapped,

•

vehicles intended for use in competitions, on roads or

whatever the terrain might be,

•

vehicles with a maximum design speed not exceeding

6 km/h;

"treatment" means any activity after the end of life vehicle has

been handed over to a facility for depollution, dismantling,

shearing, shredding, recovery or preparation for disposal of the

shredder wastes, and any other operation carried out for the

recovery and. or d isposal of the end of life v ehi cle and it s

components;

"vehicle" means a vehicle designated as category M1 or N1 as

defined in Part A of Schedule II to the EC Type-Approval of Motor

Vehicles and their Trailers Regulations, and three-wheel motor

vehicles as defined in the Approval and Market Surveillance of Two or

Three-Wheel Vehicles and Quadricycles Regulations, but excluding

motor tricycles;

"vehicle having no market value or a negative one" means a

vehicle whose treatment costs and reutilisation of the resulting

materials equal or exceed income from the reused components and

materials recovered during treatment operations;

"vintage vehicle" means a historic vehicle or vehicle of value to

collectors or intended for museums, kept in a proper and

environmentally sound manner, either ready for use or stripped into

parts;

"waste" shall have the same meaning as assigned to it in the Waste

Regulations;

(2) All other terms shall have the same meaning as that

assigned to them in the Waste Regulations.

Re-numbered by

L.N. 244 of 2011.

Minimum technical requirements for treatment

in accordance with regulation 6(1)

1. Sites for storage (including temporary storage) of end of life vehicles prior

to their treatment

impermeable surfaces for appropriate areas with the provision of

spillage collection facilities, decanters and cleanser-degreasers,

equipment for the treatment of water, including rainwater, in

compliance with health and environmental regulations.

2. Sites for treatment

impermeable surfaces for appropriate areas with the provision of

spillage collection facilities, decanters and cleanser-degreasers,

appropriate storage for dismantled spare parts, including impermeable

storage for oil-contaminated spare parts,

appropriate containers for storage of batteries (with electrolyte

neutralisation on site or elsewhere), filters and PCB/PCT-containing

condensers,

appropriate storage tanks for the segregated storage of end-of-life

vehicle fluids: fuel, motor oil, gearbox oil, transmission oil, hydraulic

oil, cooling liquids, antifreeze, brake fluids, battery acids, air-

conditioning system fluids and any other fluid contained in the end of

life vehicle,

equipment for the treatment of water, including rainwater, in

compliance with health and environmental regulations,

WASTE MANAGEMENT (END OF LIFE VEHICLES)

appropriate storage for used tyres, including the prevention of fire

hazards and excessive stockpiling.

3. Treatment operations for depollution of end of life vehicles

removal of batteries and liquefied gas tanks,

removal or neutralisation of potential explosive components, (e.g. air

bags),

removal and separate collection and storage of fuel, motor oil,

transmission oil, gearbox oil, hydraulic oil, cooling liquids, antifreeze,

brake fluids, air-conditioning system fluids and any other fluid

contained in the end-of-life vehicle, unless they are necessary for the re-

use of the parts concerned,

removal, as far as feasible, of all components identified as containing

mercury.

4. Treatment operations in order to promote recycling

removal of catalysts,

removal of metal components containing copper, aluminium and

magnesium if these metals are not segregated in the shredding process,

removal of tyres and large plastic components (bumpers, dashboard,

fluid containers, etc), if these materials are not segregated in the

shredding process in such a way that they can be effectively recycled as

materials,

removal of glass.

5. Storage operations are to be carried out avoiding damage to components

containing fluids or to recoverable components and spare parts.

(1) These regulations shall cover vehicles and end of life

vehicles, including their components and materials. Without

prejudice to regulation 5(4), this shall apply irrespectively of how

the vehicle has been serviced or repaired during use and

irrespectively of whether it is equipped with components supplied

by the producer or with other components whose fitting as spare or

r e p l a c e m e nt p a r t s a c c o r d s w i t h t h e ap p r o p r i a t e l e g i s la t i v e

provisions.

(2) These regulations shall apply without prejudice to existing

provisions, in particular with regard to safety standards, air

emissions and noise controls and the protection of soil and water.

(3) Special-purpose vehicles shall be excluded from the

provisions of regulation 7.

(4) For three-wheel motor vehicles and components or separate

technical units of such vehicles, only regulations 5(1), 5(2) and 6

shall apply.

(5) Vintage vehicles shall not fall within the scope of these

regulations

Provided that such vintage vehicles shall fall within the

scope of these regulations in the event that the owner or holder of

such a vehicle decides or intends or is required to discard of such a

vehicle.

Re-numbered by

Materials and components exempt from regulation

L.N. 244 of 2011.

Substituted by

4(2)

L.N. 96 of 2012;

L.N. 346 of 2013;

L.N. 346 of 2017;

L.N. 316 of 2018.

Amended by

L.N. 313 of 2020.

Substituted by

L.N. 202 of 2024.

A maximum concentration value of substances of up to 0.1% by weight in

homogeneous material for lead, hexavalent chromium and mercury and up to 0.01% by

weight in homogeneous material for cadmium shall be tolerated.

Spare parts put on the market after 1 July 2003 which are used for vehicles put on

the market before 1 July 2003, except for wheel balance weights, carbon brushes for

electric motors and brake linings, shall be exempted from regulation 4(2).

WASTE MANAGEMENT (END OF LIFE VEHICLES)

Labelling or

Scope and expiry date of the

Materials and components

identification

exemption

requirement

Lead as an alloying element

1(a). Steel for machining purposes

and batch hot dip galvanised steel

components containing up to 0.35%

lead by weight

1(b). Continuously galvanised steel

Vehicles type- approved before

sheet containing up to 0.35% lead by

1 January 2016 and spare parts

weight

for these vehicles

2(a). Aluminium for machining

As spare parts for vehicles put

purposes with a lead content up to

on the market before 1 July

2% by weight

2(b). Aluminium with a lead content

As spare parts for vehicles put

up to 1.5% by weight

on the market before 1 July

2(c)(i). Aluminium alloys for

Vehicles type-approved before

machining purposes with a lead

1 January 2028 and spare parts

content up to 0.4% by weight

for these vehicles

(1)

2(c)(ii). Aluminium alloys not

included in entry 2(c)(i) with a lead

content of up to 0.4% by weight (2)

3. Copper alloys containing up to

(3)

4% lead by weight

4(a). Bearing shells and bushes

As spare parts for vehicles put

on the market before 1 July

4(b). Bearing shells and bushes in

As spare parts for vehicles put

engines, transmissions and air

on the market before 1 July

conditioning compressors

Lead and lead compounds in components

5(a). Lead in batteries in high-

Vehicles type-approved before 1

X

voltage systems (4) that are used only

January 2019 and spare parts for

these vehicles

for propulsion in M1 and N1

vehicles

5(b)(i). Lead in batteries

(3)

X

(1) used in 12V applications

(2) used in 24V applications in

special purpose vehicles as defined

in Article 3 of Regulation

(EU) 2018/858 (7) of the European

Parliament and of the Council

WASTE MANAGEMENT (END OF LIFE VEHICLES)

5(b)(ii) Lead in batteries used in

Vehicles type-approved before

X

applications not included in entry

1 January 2024 and spare parts

5(a) or entry 5(b)(i)

for these vehicles

6. Vibration dampers

Vehicles type-approved before 1

X

January 2016 and spare parts for

these vehicles

7(a). Vulcanising agents and

As spare parts for vehicles put

stabilisers for elastomers in brake

on the market before 1 July

hoses, fuel hoses, air ventilation

hoses, elastomer or metal parts in the

chassis applications, and engine

mountings

7(b). Vulcanising agents and

As spare parts for vehicles put

stabilisers for elastomers in brake

on the market before 1 July

hoses, fuel hoses, air ventilation

hoses, elastomer or metal parts in the

chassis applications, and engine

mountings containing up to 0.5%

lead by weight

7(c). Bonding agents for elastomers

As spare parts for vehicles put

in powertrain applications

on the market before 1 July

containing up to 0.5% lead by

weight

8(a). Lead in solders to attach

Vehicles type-approved before 1

X (5)

electrical and electronic components

January 2016 and spare parts for

to electronic circuit boards and lead

these vehicles

in finishes on terminations of

components other than electrolyte

aluminium capacitors, on

component pins and on electronic

circuit boards

8(b). Lead in solders in electrical

Vehicles type-approved before 1

X (5)

applications other than soldering on

January 2011 and spare parts for

electronic circuit boards or on glass

these vehicles

8(c). Lead in finishes on terminals of

Vehicles type-approved before 1

X (5)

electrolyte aluminium capacitors

January 2013 and spare parts for

these vehicles

X (5)

8(d). Lead used in soldering on glass

Vehicles type-approved before 1

in mass airflow sensors

January 2015 and spare parts of

such vehicles

8(e). Lead in high melting

(1)

X (5)

temperature type solders (namely

lead-based alloys containing 85% by

weight or more lead)

8(f)(i). Lead in compliant pin

Vehicles type-approved before 1

X (5)

connector systems

January 2017 and spare parts for

these vehicles

WASTE MANAGEMENT (END OF LIFE VEHICLES)

X (5)

8(f)(ii). Lead in compliant pin

Vehicles type-approved before

connector systems other than the

1 January 2024 and spare parts

mating area of vehicle harness

for these vehicles

connectors

X (5)

8(g)(i). Lead in solders to complete a

Vehicles type-approved before

viable electrical connection between

1 October 2022 and spare parts

semiconductor die and carrier within

for these vehicles

integrated circuit flip chip packages

(1)

X (5)

8(g)(ii). Lead in solders to complete

a viable electrical connection

Vehicles type-approved from

between the semiconductor die and

1 October 2022 and spare parts for

the carrier within integrated circuit

these vehicles

flip chip packages where that

electrical connection consists of any

of the following

(1) a semiconductor technology

node of 90 nm or larger;

(2) a single die of 300mm 2 or larger

in any semiconductor technology

node;

(3) stacked die packages with dies of

300mm 2 or larger, or silicon

interposers of 300mm 2 or larger.

8(h).Lead in solder to attach heat

Vehicles type-approved before

X (5)

spreaders to the heat sink in power

1 January 2016 and spare parts

semiconductor assemblies with a

for these vehicles

chip size of at least 1cm 2 of

projection area and a nominal

current density of at least 1 A/

mm 2 of silicon chip area

8(i). Lead in solders in electrical

Vehicles type-approved before 1

X (5)

glazing applications on glass except

January 2016 and spare parts for

for soldering in laminated glazing

these vehicles

X (5)

8(j). Lead in solders for soldering of

Vehicles type-approved before 1

laminated glazing

January 2020 and spare parts for

these vehicles

8(k). Soldering of heating

Vehicles type-approved before

X (5)

applications with 0.5A or more of

1 January 2024 and spare parts

heat current per related solder joint

for these vehicles

to single panes of laminated glazings

not exceeding wall thickness of

2.1 mm. This exemption does not

cover soldering to contacts

embedded in the intermediate

polymer

9. Valve seats

As spare parts for engine types

developed before 1 July 2003

WASTE MANAGEMENT (END OF LIFE VEHICLES)

10(a). Electrical and electronic

X (6)

components, which contain lead in a

(for components

glass or ceramic, in a glass or

other than piezo

ceramic matrix compound, in a

in engines)

glass-ceramic material, or in a glass-

ceramic matrix compound.

This exemption does not cover the

use of lead in

(i) glass in bulbs and glaze of spark

plugs;

(ii) dielectric ceramic materials of

components listed under 10(b), 10(c)

and 10(d).

10(b). Lead in PZT based dielectric

ceramic materials of capacitors

being part of integrated circuits or

discrete semiconductors

10(c). Lead in dielectric ceramic

Vehicles type-approved before 1

materials of capacitors with a rated

January 2016 and spare parts for

voltage of less than 125 V AC or 250

these vehicles

V DC

10(d). Lead in the dielectric ceramic

Vehicles type-approved before 1

materials of capacitors

January 2017 and spare parts for

compensating the temperature-

these vehicles

related deviations of sensors in

ultrasonic sonar systems

11. Pyrotechnic initiators

Vehicles type-approved before 1

July 2006 and spare parts for

these vehicles

12. Lead-containing thermoelectric

Vehicles type-approved before 1

X

materials used in automotive

January 2019 and spare parts for

electrical applications to reduce CO 2

these vehicles

emissions by recuperation of exhaust

heat

Hexavalent chromium

13(a). Corrosion preventive coatings

As spare parts for vehicles put

on the market before 1 July

13(b). Corrosion preventive coatings

As spare parts for vehicles put

related to bolt and nut assemblies for

on the market before 1 July

chassis applications

WASTE MANAGEMENT (END OF LIFE VEHICLES)

14. Hexavalent chromium as an anti- For (a): vehicles type-

X

corrosion agent of the carbon steel

approved before 1 January

cooling system in absorption

2020 and spare parts for

refrigerators up to 0.75% by weight

these vehicles.

in the cooling solution

For (b): vehicles type-approved

(a) designed to operate fully or

before 1 January 2026 and spare

partly with electrical heater having

parts for these vehicles.

an average utilised electrical power

input of < 75W at constant running

conditions;

(b) designed to operate fully or

partly with electrical heater, having

an average utilised electrical power

input of ≥ 75W at constant running

conditions;

(c) designed to fully operate with

non-electrical heater.

Mercury

15(a). Discharge lamps for headlight

Vehicles type-approved before 1

X

application

July 2012 and spare parts for

these vehicles

15(b). Fluorescent tubes used in

Vehicles type-approved before 1

X

instrument panel displays

July 2012 and spare parts for

these vehicles

Cadmium

16. Batteries for electrical vehicles

As spare parts for vehicles put

on the market before 31

December 2008

(1) This exemption shall be reviewed in 2024.

(2) Applies to aluminium alloys where lead is not intentionally introduced but is present due to the use of

recycled aluminium.

(3)

This exemption shall be reviewed in 2025.

(4)

Systems that have a voltage of > 75 V DC as provided for in Article 1 of Directive 2014/35/EU of

the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of

the Member States relating to the making available on the market of electrical equipment designed

for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).

(5)

Dismantling if, in correlation with entry 10(a), an average threshold of 60 grams per vehicle is

exceeded. For the purposes of this note, electronic devices not installed by the manufacturer on the

production line shall not be taken into account.

(6)

Dismantling if, in correlation with entries 8(a) to 8(k), an average threshold of 60 grams per vehi-

cle is exceeded. For the purposes of this note electronic devices not installed by the manufacturer on

the production line shall not be taken into account.

(7)

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the

approval and market surveillance of motor vehicles and their trailers, and of systems, components

and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and

(EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(1) In order to promote the prevention of waste, the

competent authority shall, wherever appropriate and practicable,

encourage

(a) vehicle manufacturers, in liaison with material and

equipment manufacturers, to limit the use of hazardous

substances in vehicles and to reduce them as far as

possible from the very first production of the vehicle

onwards, so as in particular to prevent their release

into the environment, make recycling easier, and to

avoid the need to dispose of hazardous waste;

(b) the design and production of new vehicles which take

into full account and facilitate the dismantling, reuse

and recovery, in particular the recycling, of end of life

vehicles, their components and materials;

(c) vehicle manufacturers, in liaison with material and

equipment manufacturers, to integrate an increasing

quantity of recycled material in vehicles and other

products, in order to develop the markets for recycled

materials.

(2) Materials and components of vehicles put on the market

after the date of coming into force of these regulations shall not

contain lead, mercury, cadmium or hexavalent chromium other than

in cases listed in Schedule 3 under the conditions specified therein.

(1)

The competent authority shall take necessary measures

to ensure

(a) that economic operators shall use existing collection

systems or set up systems for the collection of all end

of life vehicles and, as far as technically feasible, of

any waste used parts which are removed when vehicles

are repaired; and

(b) the adequate availability of collection facilities within

Malta.

(2) Holders of all end of life vehicles shall transfer these

vehicles to authorised treatment facilities.

(3)

(a) Whenever an end of life vehicle is transferred to an

authorised treatment facility, the holder and, or owner

of the vehicle shall be presented with a certificate of

destruction issued by the operator of the facility. The

deregistration of the end of life vehicle shall be

conditional to the presentation of this certificate.

(b) The issue of the certificate of destruction by the

operator of a treatment facility does not entitle him to

claim any financial reimbursement, except in cases

where this has been explicitly arranged by the

competent authority.

(c) The certificate of destruction shall at least contain the

information listed in Schedule 1.

(4) The delivery of the vehicle to an authorised treatment

facility in accordance with sub-regulation (3) shall occur without

any cost for either the last holder or the owner as a result of the

vehicle having no market value or a negative one as follows

(a) as from the date of entry into force of these

regulations, for vehicles put on the market as from 1st

July, 2002;

(b) as from the 1st January, 2007, for vehicles put on the

market before the 1st July, 2002

Provided that producers shall meet all, or a significant part

of, the costs of the implementation of this measure and, or take

back of end of life vehicles under the same conditions as referred to

in this sub-regulation

Provided further that the competent authority may decide

that the delivery of end of life vehicles is not fully free of charge if

the end of life vehicle does not contain the essential components of

a vehicle, in particular the engine, the coachwork, the catalytic

converter, the gearbox and the wheels, or contains waste which has

been added to the end of life vehicle.

(5) The competent authority shall recognise and accept the

certificates of destruction issued by authorised treatment facilities

established in other Member States, provided that such certificate was

lawfully issued in accordance with the national system set up by such

Member State to implement Article 5(3) of Directive 2000/53/EC, as

amended.

The competent authority shall take necessary measures to

ensure that

(1) All end of life vehicles shall be stored, even if only

temporarily, and treated in accordance with the waste

hierarchy and the general requirements laid down in

regulation 4A of the Waste Regulations, and in

compliance with the minimum technical requirements

set out in Schedule 2, without prejudice to any other

relevant regulations on health and environment.

(2) Any establishment or undertaking carrying out

treatment operations shall hold a valid permit from the

competent authority.

(3) Any establishment or undertaking carrying out

treatment operations shall fulfil at least the following

obligations in accordance with Schedule 2

(a) end of life vehicles shall be stripped before

further

treatment

or

other

equivalent

arrangements are made in order to reduce any

adverse impact on the environment. Components

or materials labelled or otherwise made

identifiable in accordance with regulation 4(2)

shall be stripped before further treatment;

(b) hazardous materials and components shall be

removed and segregated in a selective way so as

not to contaminate subsequent shredder waste

from end of life vehicles;

(c) stripping operations and storage shall be carried

out in such a way as to ensure the suitability of

vehicle components for reuse and recovery, and

in particular for recycling

Provided that treatment operations for depollution of

end of life vehicles as referred to in Schedule 2 shall

be carried out as soon as possible.

(4) The permit referred to in paragraph (2) shall include

all conditions necessary for compliance with the

requirements of paragraphs (1), (2) and (3).

(5) Establishments or undertakings which carry out

treatment operations shall, as far as practicable,

introduce certified environmental management

systems.

(1) Economic operators shall, as far as practicable and

without prejudice to requirements regarding the safety of vehicles

and environmental requirements such as air emissions and noise

control, reuse components which are suitable for reuse, recover

components which cannot be reused and give preference to

recycling when this is environmentally viable.

(2) The competent authority shall take necessary measures to

ensure that the following targets shall be attained by economic

operators

(a) no later than the 1st January, 2006, for all end of life

vehicles, the reuse and recovery shall be increased to a

minimum of 85% by an average weight per vehicle and

year. Within the same time limit the reuse and

recycling shall be increased to a minimum of 80% by

an average weight per vehicle and year; for vehicles

produced before the 1st January, 1980, the competent

WASTE MANAGEMENT (END OF LIFE VEHICLES)

authority may lay down lower targets, but not lower

than 75% for reuse and recovery and not lower than

70% for reuse and recycling; and

(b) no later than the 1st January, 2015, for all end of life

vehicles, the reuse and recovery shall be increased to a

minimum of 95% by an average weight per vehicle and

year. Within the same time limit, the re-use and

recycling shall be increased to a minimum of 85% by

an average weight per vehicle and year.

The competent authority shall take necessary measures to

ensure that

(1) Producers, in concert with material and equipment

manufacturers, shall use the nomenclature of ISO

component and material coding standards referred to

in Schedule 4 for the labelling and identification of

components and materials of vehicles, in particular to

facilitate the identification of those components and

materials which are suitable for reuse and recovery.

(2) Producers shall provide dismantling information for

each type of new vehicle put on the market within six

months after the vehicle is put on the market. This

information shall identify, as far as it is needed by

treatment facilities in order to comply with the

provisions of these regulations, the different vehicle

components and materials, and the location of all

hazardous substances in the vehicles, in particular with

a view to the achievement of the objectives laid down

in regulation 7.

(3) Without prejudice to commercial and industrial

confidentiality, manufacturers of components used in

vehicles shall make available to authorised treatment

facilities, as far as it is requested by these facilities,

appropriate information concerning dismantling,

storage and testing of components which can be

reused.

The relevant economic operators shall publish information

(a) the design of vehicles and their components with a

view to their recoverability and recyclability,

(b) the environmentally sound treatment of end of life

vehicles, in particular the removal of all fluids and

dismantling,

(c) the development and optimisation of ways to reuse,

recycle and recover end of life vehicles and their

components,

(d) the progress achieved with regard to recovery and

recycling to reduce the waste to be disposed of and to

increase the recovery and recycling rates

Provided that this information shall be made accessible to

t h e p r o sp e c t i v e b u y e r s o f v e h i c l e s . I t s h a l l b e i n c l u d e d i n

promotional literature used in the marketing of the new vehicle.

For the purposes of achieving the objectives, and satisfying

the provisions of these regulations, economic operators may be

p a r t i e s t o a g r e e m e n t s w i t h t h e c o m p e t e n t a u t h o r i t y. S u c h

agreements shall specify the detailed rules of implementation of

these regulations. Moreover

(a) these agreements shall be enforceable at law;

(b) they shall specify the

objectives

with

the

corresponding deadlines;

(c) they shall be published in the Gazette;

(d) the results achieved under an agreement shall be

monitored regularly, reported to the competent

authorities and made available to the public under the

conditions set out in the agreement;

(e) the competent authorities shall make provisions to

examine the progress reached under an agreement.

The competent authority may exempt an economic operator

from all or part of these regulations provided the economic operator

provides evidence to the competent authority of participating in an

authorised end of life vehicle collection and treatment scheme.

(1) If an economic operator chooses to make use of an

existing authorised end of life vehicle collection and treatment

scheme, he shall be required to submit to the competent authority a

signed agreement with the operator of the authorised end of life

vehicle collection and treatment scheme to prove that the scheme

complies with the provisions of these regulations.

(2) The operator of the end of life vehicle collection and

treatment scheme referred to in subregulation (1) shall

(i)

bind himself to carry out the activities agreed to and

on behalf of the economic operator in accordance with

any existing laws and regulations,

(ii) provide the competent authority with the information

referred to in regulation 9 as it applies mutatis

mutandis to the economic operator.

(3) The competent authority may specify the format in which

such information is to be made available.

(4) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(1) Persons who intend to operate an end of life vehicle

collection and treatment scheme as required under these regulations

shall require and obtain a valid permit from the competent authority

in terms of the Waste Regulations.

WASTE MANAGEMENT (END OF LIFE VEHICLES)

(2) Without prejudice to the Waste Regulations, in applying for

such a permit, any such person shall provide the Competent

Authority with the following information as applicable

(a) a copy of the memorandum and articles of association;

(b) a copy of a valid development permit issued under the

Development Planning Act;

(c) a description of the proposed system which will

provide for the treatment of the end of life vehicle in

accordance with the provisions of these regulations;

(d) a financial plan in relation to the proposed scheme;

(e) the volume of end of life vehicles so treated or

projected to be treated;

(f)

proposals for the certification of economic operators

who will make use of this scheme;

(g) proposals of how the information required under the

provisions of these regulations will be compiled and

made available to the competent authority;

(h) any other relevant information requested by the

competent authority.

(3) The competent authority may specify the format in which

such information is to be made available.

(4) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that the court may order any person who has been

found guilty of committing an offence against these regulations to

pay for the expenses incurred by the competent authority as a result

of the said offence, the revocation of the permit issued by the

competent authority mentioned in these regulations and the

confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be held before the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.