EUROPEAN POLLUTANT RELEASE AND TRANSFER REGISTER REPORTING OBLIGATIONS REGULATIONS

EUROPEAN POLLUTANT RELEASE AND TRANSFER

REGISTER REPORTING OBLIGATIONS

SUBSIDIARY LEGISLATION 549.47

EUROPEAN POLLUTANT RELEASE AND

TRANSFER REGISTER REPORTING

OBLIGATIONS REGULATIONS

5th June, 2007

LEGAL NOTICE 152 of 2007, as amended by Legal Notice 426 of 2007.

(1) The title of these regulations is the European Pollutant

Release and Transfer Register Reporting Obligations Regulations.

(2) These regulations shall be read in conjunction with

Regulation (EC) No 166/2006 of the European Parliament and of

the Council of 18 January 2006 concerning the establishment of a

European Pollutant Release and Transfer Register and amending

Council Directives 91/689/EEC and 96/61/EC, hereinafter referred

to as "the EC Regulations".

(3) The scope of these regulations is to establish reporting

templates, to fulfil the obligations of Article 7(1) of the EC

Regu lati ons reg ardi ng th e estab li sh men t of ti mefram es f or

reporting of releases and offsite transfers by industry to the

competent authority, and to fulfil the obligations of Article 20 of

the EC Regulations, regarding penalties applicable to infringements

of the provisions of the EC Regulations.

(4) An "operator" has the same definition as in the EC

Regulations.

(1) The operator of each facility listed in Annex I of the

EC Regulations shall provide all the data referred to in Article 5 of

EC Regulation 166/2006 within six months after the end of the

reporting year for the first reporting year, and within three months

after the end of the reporting year for all subsequent reporting

years. Data shall be submitted to the competent authority in

electronic form as may be established from time to time by the

competent authority.

(2)

The first reporting year shall be the year 2007.

(3) An operator can apply for an extension up to three months

to the period allowed for reporting pursuant to subregulation (1)

with the competent authority, provided appropriate justification is

presented. The competent authority may grant an extension where

it considers that this would be justified.

When reporting, operators shall follow the guidelines

established in the latest version of the "Guidance document for the

implementation of the European PRTR", published by the European

Commission, and any template that may be published from time to

time by notice in the Gazette by the competent authority.

Any operator shall be guilty of an offence under these

regulations if the operator -

EUROPEAN POLLUTANT RELEASE AND TRANSFER

REGISTER REPORTING OBLIGATIONS

(a) does not meet the reporting obligations within the

established timeframes; or

(b) does not prepare a complete report in the correct

format determined by these regulations; or

(c) reports incorrect values or data that are not quality

assured, as prescribed in Article 9(1) of the EC

Regulations.

Any operator 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 shall order any operator who has

b e e n f o u n d g u i l t y o f c o m m i t t i n g a n o ff e n c e a g a i n s t t h e s e

regulations to meet his reporting obligations and to pay for the

expenses incurred by the competent authority mentioned in these

regulations or other persons acting on its behalf involved in the

implementation of these regulations as a result of the said offence,

the revocation of the permit issued by the competent authority and

the confiscation of the corpus delicti.

Where there is a continuing offence against these

regulati ons, t he court shall, in additi on t o the fine ( multa)

prescribed in regulation 5, award an additional fine of not less than

one hundred and sixteen euro and forty-seven cents (€116.47) but

not exceeding one thousand and one hundred and sixty-four euro

and sixty-nine cents (€1,164.69) for every day, or part thereof,

during which the continuance shall have subsisted, so however that

the fine (multa) for the continuance of the offence and the fine

(multa) awarded under regulation 5 shall not exceed, in the

aggregate, twenty-three thousand and two hundred and ninety-three

euro and seventy-three cents (€23,293.73)

Provided that the court may also order the operator to bear

all or part of the costs incurred due to any infringement action

brought by the European Commission against Malta under these

regulations.

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

EUROPEAN POLLUTANT RELEASE AND TRANSFER

REGISTER REPORTING OBLIGATIONS

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 taken 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.