WASTE MANAGEMENT (WASTE BATTERIES AND ACCUMULATORS) REGULATIONS *

SUBSIDIARY LEGISLATION 549.54

WASTE MANAGEMENT (WASTE BATTERIES

AND ACCUMULATORS) REGULATIONS *

30th May, 2010

LEGAL NOTICE 55 of 2010, as amended by Legal Notices 245 of 2011,

296 of 2015, 145 of 2017, 149 and 454 of 2021.

The title of these regulations is the Waste Management

(Waste Batteries and Accumulators) Regulations.

(Regulation 7)

Monitoring of compliance with collection targets

Data collection

Calculation of Collection Collection

rate

Target

2009 sales (S1)

2010 sales (S2)

-

-

2011 sales (S3)

2011 collection (C3)

3 x C3 / (S1 + S2 + S3)

2012 sales (S4)

2012 collection (C4)

3 x C4 / (S2 + S3 + S4)

25%

2013 sales (S5)

2013 collection (C5)

3 x C5 / (S3 + S4 + S5)

30%

2014 sales (S6)

2014 collection (C6)

3 x C6 / (S4 + S5 + S6)

35%

2015 sales (S7)

2015 collection (C7)

3 x C7 / (S5 + S6 + S7)

40%

2016 sales (S8)

2016 collection (C8)

3 x C8 / (S6 + S7 + S8)

45%

2017 sales (S9)

2017 collection (C9)

3 x C9 / (S7 + S8 + S9)

45%

2018 sales (S10)

2018 collection (C10)

3 x C10 / (S8 + S9 + S10)

45%

Etc.

Etc.

Etc.

45%

Etc.

(1) These regulations bring into effect the provisions of

Directive 2006/66/EC † of the European Parliament and of the

Council of 6 September 2006 on batteries and accumulators and

waste batteries and accumulators and repealing Directive 91/157/

EEC ‡ , as amended by Directive 2008/12/EC § of the European

Parliament and of the Council of 11 March 2008,Directive 2013/56/

EU of the European Parliament and of the Council of 20 November

2013, and Directive (EU) 2018/849 of the European Parliament and of

the Council of 30 May 2018.

(2) The objective of the Directive, having regard to the

environmental impact of transport, is to maximise the separate

collection of waste batteries and accumulators and to minimise the

disposal of waste batteries and accumulators as mixed municipal

waste in order to achieve a high level of recycling for all waste

batteries and accumulators. It also seeks to improve the

environmental performance of batteries and accumulators and of

the activities of all economic operators involved in the life cycle of

batteries and accumulators, such as producers, distributors and end-

users and, in particular, those operators directly involved in the

treatment and recycling of waste batteries and accumulators.

(3) These regulations provide additional measures, procedures

and guidance to those in the Waste Regulations, which aim at

establishing specific rules for the collection, treatment, recycling

and disposal of waste batteries and accumulators to promote a high

level of collection and recycling of waste batteries and

accumulators.

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

the provisions of the Extended Producer Responsibility Framework

Regulations.

(Regulation 9)

Detailed treatment and recycling requirements

PART A: TREATMENT

1. Treatment shall, as a minimum, include removal of all fluids and acids.

2. Treatment and any storage, including temporary storage, at treatment

facilities shall take place in sites with impermeable surfaces and suitable

weatherproof covering or in suitable containers.

PART B: RECYCLING

3. Recycling processes shall achieve the following minimum recycling

efficiencies

(a) recycling of 65% by average weight of lead-acid waste batteries and

accumulators, including recycling of the lead content to the highest

degree that is technically feasible while avoiding excessive costs;

(b) recycling of 75% by average weight of nickel-cadmium waste batteries

and accumulators, including recycling of the cadmium content to the

highest degree that is technically feasible while avoiding excessive

costs; and

(c) recycling of 50% by average weight of other waste batteries and

accumulators.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Environment Protection Act;

"agreement" means the formal agreement concluded between the

competent authority and the economic operators concerned, which

*These regulations have been repealed by Legal Notice 232 of 2025.

†OJ L 266, 26.9.2006, p. 1.

‡OJ L 78, 26.3.1991, p. 38.

§OJ L 76, 19.3.2008, p. 39.

has to be open to all partners who wish to meet the conditions of

the agreement with a view to working towards the objectives of

these regulations;

"appliance" means any electrical or electronic equipment, as

defined by the Waste Management (Electrical and Electronic

Equipment) Regulations, which is fully or partly powered by

batteries or accumulators or is capable of being so;

"automotive battery or accumulator" means any battery or

accumulator used for automotive starter, lighting or ignition power;

"battery" or "accumulator" means any source of electrical energy

generated by direct conversion of chemical energy and consisting

of one or more primary battery cells (non-rechargeable) or

consisting of one or more secondary battery cells (rechargeable);

"battery pack" means any set of batteries or accumulators that

are connected together and, or encapsulated within an outer casing

so as to form a complete unit that the end-user is not intended to

split up or open;

"button cell" means any small round portable battery or

accumulator whose diameter is greater than its height and which is

used for special purposes such as hearing aids, watches, small

portable equipment and back-up power;

"category of battery or accumulator" means any of the following

types of batteries or accumulators

(a) automotive batteries or accumulators;

(b) industrial batteries or accumulators; and

(c) portable batteries or accumulators;

"collection rate" means, in a given calendar year, the percentage

obtained by dividing the weight of waste portable batteries and

accumulators collected in accordance with regulation 5(1) and (2)

o r w i t h t h e Wa s t e M a n a g e m e n t ( E l e c t r i c a l a n d E l e c t r o n i c

Equipment) Regulations, in that calendar year by the average

weight of portable batteries and accumulators that producers either

sell directly to end-users or deliver to third parties in order to sell

them to end-users in Malta during that calendar year and the

preceding two calendar years;

"the Community" means the European Community;

"the competent authority" has the same meaning as "the authority"

as defined in article 2 of the Act;

"disposal" means any of the applicable operations provided for in

Schedule 4 to the Waste Regulations;

"distributor" means any person that provides batteries and

accumulators on a professional basis to an end-user;

"economic operators" means producers, distributors, collectors,

recoverers, recyclers or other treatment operators of waste batteries

and accumulators;

"industrial battery or accumulator" means any battery or

accumulator designed for exclusively industrial or professional

uses or used in any type of electric vehicle;

"local agency" has the same meaning as "entity of government" as

defined in article 2 of the Act;

"the Minister" means the Minister responsible for the

environment;

"portable battery or accumulator" means any battery, button cell,

battery pack or accumulator that

(a) is sealed; and

(b) can be hand-carried; and

(c) is neither an industrial battery or accumulator nor an

automotive battery or accumulator;

"producer" means any person in Malta who, irrespective of the

selling technique used, including by means of distance

communication as defined in the Distance Selling Regulations,

places batteries or accumulators, including those incorporated into

appliances or vehicles, on the market for the first time within the

territory of Malta on a professional basis;

"recycling" means the reprocessing in a production process of

waste materials for their original purpose or for other purposes, but

excluding energy recovery;

"treatment" means any activity carried out on waste batteries and

accumulators after they have been handed over to a facility for

sorting, preparation for recycling or preparation for disposal;

"waste" in addition to what is said in the Environment Protection

Act, means any thing, substance, product or object, whether in

solid or liquid form, whether hazardous or otherwise, which the

holder discards, or intends, or is required to discard, or any other

which is deemed to be waste by the competent authority nominated

by t he Mi n i s t e r r e s p o n s i b le fo r t he en v ir o n m e n t un d e r t h e

Environment Protection Act;

"waste battery or accumulator" means any battery or accumulator

which is waste.

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

assigned to them in regulation 2 of the Waste Regulations.

(Regulation 14)

Symbols for batteries, accumulators and battery packs for separate collection

The symbol indicating ‘separate collection’ for all batteries and accumulators

shall be the crossed-out wheeled bin shown below

(1) These regulations shall apply to all types of batteries

and accumulators, regardless of their shape, volume, weight,

material composition or use

Provided that these regulations shall apply without

prejudice to the Waste Management (End of Life Vehicles)

Regulations, and the Waste Management (Electrical and Electronic

Equipment) Regulations.

(2) These regulations shall apply without prejudice to existing

provisions, such as product safety requirements and specific

legislation, in particular the Batteries and Accumulators

Regulations.

(3) These regulations shall not apply to batteries and

accumulators used in

WASTE MANAGEMENT

(WASTE BATTERIES AND ACCUMULATORS)

(a) equipment connected with the protection of Malta’s

essential security interests, arms, munitions and war

material, with the exclusion of products that are not

intended for specifically military purposes; and

(b) equipment designed to be sent into space.

(Regulation 17)

Information to be contained in an application for producer registration

1. The date of the application for registration.

2. The name of the producer and any brand name under which the producer

operates or intends to operate in Malta.

3. The following contact details for the producer

(a) the full postal address (including post code) and telephone number of

-

the producer’s registered office; or

-

if the producer is not a company registered in Malta, the

producer’s principal place of business in Malta;

(b) a website address; and

(c) where available, a fax number and e-mail address.

4. The name and telephone number of a contact person for the producer, and,

where available, a fax number and e-mail address, for that person.

5. The national identification code of the producer, including the VAT number,

the NACE code, the company registration number and the range of the number of

employees of the company (1-9, 10-29, 30-49, 50-99, 100-149, 150-249, 250-499,

500+), where applicable.

6. An indication of which categories of batteries or accumulators the producer

is placing or intends to place on the market in Malta.

7. Information as to

(a) whether the producer is meeting or intends to meet its responsibilities

under these regulations individually or collectively; and

WASTE MANAGEMENT

(WASTE BATTERIES AND ACCUMULATORS)

(b) if collectively

the name of the authorised waste batteries and accumulators

collective organisation of which the producer is a member;

the name of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme; and

the address and telephone number of the registered office of the

operator of the authorised waste batteries and accumulators

collection, treatment and recycling scheme or, if not a company

registered in Malta, the principal place of business and telephone

number of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme in

Malta.

8. A signed declaration of the truth of the information provided and the name

and title of the signatory of the declaration.

(1) Producers of portable batteries and accumulators, or

third parties acting on their behalf, shall use existing collection

systems or set up collection systems, individually or collectively,

or both, in accordance with any existing laws and regulations, to

provide for the collection of waste portable batteries and

accumulators.

(2)

Such collection systems

(a) shall enable end-users to discard waste portable

batteries or accumulators at an accessible collection

point in their vicinity, having regard to population

density, provided that such a collection point shall not

be subject to the registration or permit requirements of

the Waste Regulations, or the Waste Management

(Activity Registration) Regulations;

(b) shall require distributors to take back waste portable

batteries or accumulators at no charge when supplying

portable batteries or accumulators, unless an

assessment shows that alternative existing collection

systems are at least as effective in attaining the

environmental aims of these regulations, provided that

such an assessment shall be made public;

(c) shall not involve any charge to end-users when

discarding waste portable batteries or accumulators,

nor any obligation to buy a new battery or

accumulator; and

(d) may be run in conjunction with the collection systems

referred to in the Waste Management (Electrical and

Electronic Equipment) Regulations

Provided that all economic operators and all competent

public authorities may participate in these collection systems

Provided further that these collection systems shall also

apply to batteries and accumulators imported from third countries

under non-discriminatory conditions and shall be designed to avoid

barriers to trade or distortions of competition.

(3) Producers of industrial batteries and accumulators, or third

parties acting on their behalf, shall not refuse to take back waste

industrial batteries and accumulators from end-users, regardless of

chemical composition and origin.

Provided that

(a) independent third parties may also collect waste

industrial batteries and accumulators;

(b) all economic operators and all competent public

authorities may participate in these collection systems;

and

(c) these collection systems shall also apply to batteries

and accumulators imported from third countries under

non-discriminatory conditions and shall be designed to

avoid barriers to trade or distortions of competition.

(4) Producers of automotive batteries and accumulators, or

third parties acting on their behalf, shall use existing collection

systems or set up collection systems, individually or collectively,

or both, in accordance with any existing laws and regulations, to

provide for the collection of waste automotive batteries and

accumulators from end-users or from an accessible collection point

in their vicinity, where collection is not carried out under the

collection systems referred to in regulation 5(1) of the Waste

Management (End of Life Vehicles) Regulations.

Provided that

(a) in the case of automotive batteries and accumulators

from private, non-commercial vehicles, such

collection systems shall not involve any charge to end-

users when discarding waste batteries or accumulators,

or any obligation to buy a new battery or accumulator;

(b) all economic operators and all competent public

authorities may participate in these collection systems;

and

(c) these collection systems shall also apply to batteries

and accumulators imported from third countries under

non-discriminatory conditions and shall be designed to

avoid barriers to trade or distortions of competition.

(5) Waste batteries and accumulators 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 waste batteries and

accumulators collective 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 waste batteries and accumulators collective

organisations on the basis of the average weight and

category of batteries and accumulators placed on the

market by producer responsibility organisations.

(Regulation 16)

Public Register

The following information shall be contained in the register in relation to a

producer whose application for registration has been processed by the competent

authority under regulation 17.

1. The name of the producer and any brand name under which the producer

operates in Malta.

2. The following contact details for the producer

(a) the full postal address (including post code) and telephone number of

the producer’s registered office; or

if the producer is not a company registered in Malta, the

producer’s principal place of business in Malta;

(b) a website address; and

(c) where available, a fax number and e-mail address.

3. An indication of the categories of batteries or accumulators placed on the

market by the producer.

4. Information as to

(a) whether the producer meets its responsibilities under these regulations

individually or collectively; and

(b) if collectively

the name of the authorised waste batteries and accumulators

collection, treatment and recycling scheme of which the producer

is a member;

the name of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme; and

the address and telephone number of the registered office of the

operator of the authorised waste batteries and accumulators

collection, treatment and recycling scheme or, if not a company

registered in Malta, the principal place of business and telephone

number of the operator of the authorised waste batteries and

accumulators collection, treatment and recycling scheme in

Malta.

5. The producer’s registration number.

6. The date of the application for registration.

7. A statement each year as to whether the producer has met his obligation

under regulation 24 to furnish a statement of compliance.

Economic instruments may be used to promote the use of

batteries and accumulators containing less polluting substances, or

promote the collection of waste batteries and accumulators, for

instance by adopting differential tax rates.

Added by

L.N. 296 of 2015.

Schedule of Fees for Registration/Renewal as a

Producer

Category of Activity

Fee (€)

Online registration/renewal for producers of batteries and

accumulators .........................................................................

Manual registration/renewal for producers of batteries and

accumulators .........................................................................

(1) The competent authority shall calculate the collection

rate for the first time in respect of the year 2011.

(2)

Producers, or third parties acting on their behalf, shall take

the necessary m easures t o achie ve the following m inimum

collection targets

(a) 25% by 26th September 2012;

(b) 30% by 26th September 2013;

(c) 35% by 26th September 2014;

(d) 40% by 26th September 2015; and

(e) 45% by 26th September 2016.

(3) The competent authority shall monitor compliance with

such collection targets on a yearly basis as set out in Schedule 1.

Added by

L.N. 145 of 2017.

(Regulation 11)

Schedule of Fees for disposal of waste batteries and accumulators

in the form of unsorted municipal waste

Any person disposing of waste batteries and accumulators in the form of unsorted

municipal waste may be fined €100 per piece of batteries and accumulators

(Deleted by Legal Notice 296 of 2015).

Added by

L.N. 145 of 2017.

(Regulation 22)

Fee for an authorised waste batteries and accumulators collective organisation

The fee which is to be paid by an authorised waste batteries and accumulators

collective organisation upon being granted a permit or upon being granted a renewal

of its permit according to regulation 22 is calculated as follows

WASTE MANAGEMENT

(WASTE BATTERIES AND ACCUMULATORS)

A x B = SF

where

"A " is the num ber of r eg istered producers part icipatin g in t he pro ducer

responsibility organisation;

"B" is a fee of ten euro (€10) to be charged for each registered producer

participating in the producer responsibility organisation;

"SF" is the producer responsibility organisation fee.

The fee shall be submitted to the competent authority within six (6) months of the

issuance of the permit or its renewal.

(1)

Not later than 26th September 2009

(a) producers, or third parties acting on their behalf, shall

use existing treatment and recycling systems or set up

treatment and recycling systems, individually or

collectively, or both, in accordance with any existing

laws and regulations, to provide for the treatment and

recycling of waste batteries and accumulators, using

best available techniques, in terms of the protection of

health and the environment; and

(b) all identifiable waste batteries and accumulators

collected in accordance with regulation 5 or with the

Waste Management (Electrical and Electronic

Equipment) Regulations, shall undergo treatment and

recycling through treatment and recycling systems that

comply, as a minimum, with national legislation, in

particular as regards health, safety and waste

management

Provided that

(i)

collected portable batteries or accumulators

containing cadmium, mercury or lead may be

disposed of in landfills or underground storage

when no viable end market is available or as part

of a strategy to phase out heavy metals which,

on the basis of a detailed assessment of the

environmental, economic, and social impacts,

shows that this disposal option should be

preferred over recycling;

(ii) such an assessment shall be made public;

(iii) all economic operators and all competent public

authorities may participate in these treatment

and recycling systems; and

(iv) these treatment and recycling systems shall also

apply to batteries and accumulators imported

from third countries under non-discriminatory

conditions and shall be designed to avoid

barriers to trade or distortions of competition.

(2) Treatment shall meet the minimum requirements set out in

Part A of Schedule 2.

(3) Where batteries or accumulators are collected together with

waste electrical and electronic equipment on the basis of the Waste

Management (Electrical and Electronic Equipment) Regulations,

batteries or accumulators shall be removed from the collected

waste electrical and electronic equipment.

(4) Recycling processes shall, not later than 26th September

2011, meet the recycling efficiencies and associated provisions set

out in Part B of Schedule 2.

(1) The development of new recycling and treatment

technologies all types of waste batteries and accumulators shall be

encouraged.

(2) Research into environmentally friendly and cost-effective

recycling methods for all types of waste batteries and accumulators

shall be promoted.

(3) Treatment facilities shall be encouraged to introduce

certified environmental management schemes in accordance with

Regulation (EC) No 761/2001 * of the European Parliament and of

the Council of 19 March 2001 allowing voluntary participation by

organisations in a Community eco-management and audit scheme

(EMAS).

(1) The disposal in landfills or by incineration of waste

industrial and automotive batteries and accumulators shall be

prohibited

Provided that residues of any waste batteries and

accumulators that have undergone both treatment and recycling in

accordance with regulation 9(1) may be disposed of in landfills or

by incineration.

(2) Any person disposing of waste batteries and accumulators

in the form of unsorted municipal waste may be fined in accordance

with the Schedule of Fines in Schedule 7.

(1) Treatment and recycling may be undertaken outside

Malta or outside the Community, provided that the shipment of

waste batteries and accumulators shall be in compliance with

Regulation (EC) No 1013/2006 † of the European Parliament and of

the Council of 14 June 2006 on shipments of waste.

(2) Waste batteries and accumulators exported out of the

Community in accordance with Regulation (EC) No 1013/2006 ‡ of

the European Parliament and of the Council of 14 June 2006 on

shipments of waste, and Council Regulation (EC) No 1418/2007 §

of 29 November 2007 concerning the export for recovery of certain

waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006

of the European Parliament and of the Council to certain countries

*OJ L 114, 24.4.2001, p. 1.

†OJ L 190, 12.7.2006, p. 1.

‡OJ L 190, 12.7.2006, p. 1.

§OJ L 316, 4.12.2007, p. 6.

to which the OECD Decision on the control of transboundary

movements of wastes does not apply, shall count towards the

fulfilment of the obligations and recycling efficiencies laid down in

Schedule 2 to these regulations only if there is sound evidence that

the recycling operation took place under conditions equivalent to

the requirements of these regulations.

(1) Producers, or third parties acting on their behalf, shall

finance any net costs arising from

(a) the collection, treatment and recycling of all waste

portable batteries and accumulators collected in

accordance with regulation 5(1) and (2); and

(b) the collection, treatment and recycling of all waste

industrial and automotive batteries and accumulators

collected in accordance with regulation 5(3) and (4).

Any draft exemption measures shall be made public

Provided that any double charging of producers in the case

of batteries or accumulators collected under treatment and

recycling systems set up in accordance with the Waste Management

(End of Life Vehicles) Regulations or the Waste Management

(Electrical and Electronic Equipment) Regulations shall be

avoided

Provided further that producers which, relative to the size

of the market, place very small quantities of batteries or

accumulators on the market for the first time within Malta, may be

exempted on the condition that this does not impede the proper

functioning of the collection systems set up on the basis of

regulation 5 and the treatment and recycling systems set up on the

basis of regulation 9.

(2) Producers, or third parties acting on their behalf, shall

finance any net costs arising from public information campaigns on

the collection, treatment and recycling of all waste portable

batteries and accumulators.

(3) The costs of collection, treatment and recycling shall not be

shown separately to end-users at the time of sale of new portable

batteries and accumulators.

(4) Producers and users of industrial and automotive batteries

and accumulators may conclude agreements stipulating financing

arrangements other than the ones referred to in subregulation (1).

(5) This regulation shall apply to all waste batteries and

accumulators, irrespective of the date of their placing on the market

for the first time within Malta.

(6) Producers supplying batteries and accumulators by means

of distance communication shall also comply with the requirements

set out in this regulation for the batteries and accumulators

s u p p l i e d i n t h e M e m b e r St a t e w h e r e t h e p u r c h a s e r o f t h a t

equipment resides.

Economic operators shall ensure, in particular through

information campaigns, that end-users are fully informed of

(a) the potential effects on the environment and human

health of the substances used in batteries and

accumulators;

(b) the desirability of not disposing of waste batteries and

accumulators as unsorted municipal waste and of

participating in their separate collection so as to

facilitate treatment and recycling;

(c) the collection systems and treatment and recycling

systems available to them;

(d) their role in contributing to the recycling of waste

batteries and accumulators;

(e) the meaning of the symbol of the crossed-out wheeled

bin shown in Schedule 3 and the chemical symbols Hg,

Cd and Pb in accordance with the Batteries and

Accumulators Regulations

Provided that, where distributors are required to take back

waste portable batteries and accumulators pursuant to regulation 5,

such distributors shall inform end-users about the possibility of

discarding waste portable batteries or accumulators at their sales

points.

In order to contribute to the objectives laid down in these

regulations, the Minister may make use of economic instruments and

other measures to provide incentives for the application of the waste

hierarchy, under regulation 4A of the Waste Regulations, such as those

indicated in Schedule 12 of the Waste Regulations or other appropriate

instruments and measures.

End-users of batteries and accumulators and the holders of

waste batteries and accumulators shall co-operate with, and

participate in, any system set up for the collection of waste

batteries and accumulators and facilitate the process of treatment

and recycling. Accordingly, they shall segregate, deposit and return

waste batteries and accumulators as required by the collection

system.

(1) The competent authority shall maintain and make

available in accordance with this regulation a register relating to

the producers who register in accordance with regulation 17 and

containing information relating to the producer registration as

prescribed in Schedule 5.

(2)

The competent authority shall

(a) ensure that the register is open for inspection at its

principal office by members of the public free of

charge at all reasonable hours; and

(b) permit members of the public to obtain copies of

entries in the register on payment of a fee as may be

prescribed in Schedule 8 to the Waste Regulations.

(3) The register may be kept in any form but shall be indexed

and arranged so that members of the public can readily trace

information contained in it.

(4) The competent authority shall amend the relevant entry in

the register to record any change to the information entered and

shall note the date on which the amendment is made.

(5) For the avoidance of doubt, nothing in this regulation shall

require a register maintained by the competent authority to contain

information relating to any criminal proceedings (including

prospective proceedings) or to anything which is the subject matter

of such proceedings, at any time before those proceedings are

finally disposed of.

(6) Nothing in this regulation shall require a register

maintained by the competent authority to contain any information

which has been superseded by later information after four years

have elapsed from that later information being entered in the

register.

(1) Producers shall upon placing batteries and

accumulators on the market for the first time within the territory of

Malta, apply to be registered with the competent authority and shall

be provided with a registration number upon registration.

(2) Producers registered under sub-regulation (1) shall renew

their registration on an annual basis with the competent authority

by 31 March of each year

Provided that as from the 1st of April of each year the

competent authority shall accept renewals until the end of the year

at an additional charge of twenty euro (€20) per month or part

thereof of the fee/s prescribed in Schedule 6.

(3) Where a producer ceases to place batteries and accumulators

on the market, the producer shall apply for deregistration with the

competent authority by completing the deregistration form.

(4) An application for registration or renewal by a producer

shall -

(a) be made either online or in writing;

(b) contain at least the information in Schedule 4; and

(c) be accompanied by a fee as prescribed in Schedule 6.

(5) The details provided by a producer in compliance with the

obligations referred to in sub-regulations (1), (2) and (3) shall be

included in the Register of Producers to be maintained by the

competent authority under regulation 16.

(6) The competent authority shall confirm receipt of a

producer’s application for registration in writing within twenty

working days of receipt and shall process that application within

twenty working days of confirming receipt.

(7) In the case the data submitted by the producer in

accordance with Schedule 4 changes, the said producer shall inform

the competent authority thereof no later than one month after the

change.

(1) Upon renewal according to regulation 17(2), registered

producers are to provide to the competent authority the following

information

(a) the categories of batteries or accumulators which the

registered producer has placed on the market within

Malta between 1 January and 31 December of the

immediately preceding year, and

(b) the quantities and weight of batteries and accumulators

which the registered producer has placed on the market

within Malta between 1 January and 31 December of

the immediately preceding year.

(2) The information referred to in sub-regulation (1) shall be

provided either online or in writing.

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

such information shall 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.

(5) Producers supplying batteries and accumulators by means

of distance communication shall provide the competent authority

with information on the compliance with the requirements of

regulation 13(6) and with the information referred to in sub-

regulation (1) of this regulation, relating to the quantities and

categories of batteries or accumulators placed on the market for the

first time in the Member State where the purchaser of that battery

or accumulator resides.

Where a producer supplies batteries and accumulators by

means of distance communication he shall

(a) register in accordance with regulation 17;

(b) notify the competent authority at the time of

registration that he supplies batteries and accumulators

by means of distance communication and that this

regulation applies; and

(c) upon a request from the competent authority undertake

to provide it with information that demonstrates he has

complied with his obligation to provide financing for

the

collection,

treatment,

recycling

and

environmentally sound disposal of waste batteries and

accumulators deposited at collection points in the

Member State where the purchaser of the battery or

accumulator resides.

(1) Where the business of a producer is transferred in

whole or in part to another person, the producer shall be treated as

remaining responsible for batteries and accumulators in respect of

which he has made an application to register under regulation 17,

unless he is able to demonstrate to the competent authority that the

person to whom the transfer has been made has agreed to meet the

producer ’s obligations in respect of any such batteries and

accumulators under these regulations.

(2) Where sub-regulation (1) applies, the person to whom the

whole or part of a business is transferred is a producer for the

purposes of these regulations, and that person shall

(a) apply to the competent authority for registration under

regulation 17; and

(b) undertake to meet the collection targets in regulation

7.

(1) For the purposes of achieving the objectives, and

satisfying the provisions of these regulations, economic operators

may be parties to agreements with the competent authority.

(2) Such agreements shall specify the detailed rules of

implementation of these regulations. Moreover, these agreements

(a) shall be enforceable at law;

(b) shall specify the objectives with the corresponding

deadlines;

(c) shall be published in the Gazette;

(d) shall have the results achieved under them monitored

regularly, reported to the competent authority and

made available to the public under the conditions set

out in the agreement;

(e) shall have the progress made under them examined in

terms of provisions to be made by the competent

authority.

(1) Without prejudice to the Waste Regulations, persons

who intend to operate a waste batteries and accumulators collective

organisation as required under these regulations, including the

collection, sorting, storage, treatment, export and recycling of

waste batteries and accumulators, on behalf of producers, shall

require and obtain a valid permit from the competent authority in

accordance to the these regulations.

(2) Without prejudice to the Waste Regulations, an application

for a permit with the competent authority, shall be accompanied by a

fee of five hundred euro (€500) and 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 collection, treatment and recycling of

waste batteries and accumulators in accordance with

the provisions of these regulations;

(d) details of any deposit-refund system or other system

adopted in order to ensure the return of waste batteries

and accumulators by consumers;

(e) a financial plan in relation to the proposed producer

responsibility organisation;

(f)

the annual weights of waste batteries and accumulators

in each category to be collected, treated and recycled;

(g) the annual collection targets to be achieved under the

proposed producer responsibility organisation;

(h) proposals for determining and verifying the level of

recycling of waste batteries and accumulators as well

as whether the recycling efficiencies referred to in Part

B of Schedule 2 have been met under the proposed

producer responsibility organisation, including

estimations and assumptions to be made in this

process;

(i)

proposals for the certification of producers who will

make use of the proposed producer responsibility

organisation;

(j)

proposals of how the information under the provisions

of these regulations will be compiled and made

available to the competent authority;

(k) any other relevant information requested by the

competent authority.

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

such information shall be made available.

(4) The competent authority shall make this information9

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(5) A waste batteries and accumulators collective organisation

that has been granted a permit shall, upon granting of the permit or

renewal, be charged a fee as prescribed in Schedule 8.

The competent authority may exempt a producer from all

or part of these regulations provided the producer provides

e v i d e n c e t o t h e c o m p e t e nt a u t h o r i t y o f p a r t i c i p a t i n g i n an

authorised waste batteries and accumulators collective

organisation.

(1) If a producer chooses to make use of an existing

authorised waste batteries and accumulators collective

organisation, he shall be required to submit to the competent

authority a signed agreement with the operator of the authorised

waste batteries and accumulators collective organisation to prove

that the producer responsibility organisation complies with the

provisions by these regulations.

(2) The producer shall moreover submit to the competent

authority, by 31 March each year, a statement of compliance with

the provisions of these regulations, signed by the operator of the

authorised waste batteries and accumulators collective

organisation, in respect of batteries and accumulators which have

been placed on the market within Malta by the producer between 1

January and 31 December of the immediately preceding year.

(3) The operator of the authorised waste batteries and

accumulators collective organisation referred to in sub-regulation

(1) shall

(a) bind himself to carry out the activities agreed to and

on behalf of the producer in accordance with any

existing laws and regulations;

(b) ensure that all economic operators and all competent

public authorities may participate in the scheme;

(c) ensure that the scheme shall also apply to batteries and

accumulators imported from third countries under non-

discriminatory conditions and shall be designed to

avoid barriers to trade or distortions of competition;

(d) provide the competent authority with information on

any measures taken to encourage developments

affecting the impact of batteries and accumulators on

the environment, mainly

(i)

developments, including voluntary steps taken

by the scheme members, to reduce the quantities

of heavy metals and other hazardous substances

contained in batteries and accumulators;

(ii) new recycling and treatment techniques;

(iii) economic

operators’

participation

in

environmental management schemes;

(iv) research in those fields; and

(v) measures taken to promote waste prevention;

(e) provide the competent authority, by 31 March each

year, with the information referred to in regulations 14

and 16 as it applies mutatis mutandis to the producer,

in respect of batteries and accumulators placed on the

market within Malta by the producer between 1

January and 31 December of the immediately

preceding year;

(f)

provide the competent authority, by 31 March each

year, with a statement of compliance of the producer

with the provisions of these regulations, in respect of

batteries and accumulators placed on the market within

Malta by the producer between 1 January and 31

December of the immediately preceding year.

(4) All the information shall be provided in half-yearly and annual

reports. A waste batteries and accumulators collective organisation

shall submit half-yearly reports to the competent authority within three

(3) calendar months following the end of that period, whereas annual

reports shall be submitted to the competent authority within four (4)

calendar months of the closing of the year.

(5)

Deleted by Legal Notice 145 of 2017.

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

such information shall be made available.

(7) The competent authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations.

(1) Self-compliant producers, or authorised waste batteries

and accumulators collective organisations, shall use the services of

an independent auditor, approved by the competent authority, to

certify all of the information reported to the competent authority.

(2) In the case of self-compliant producers, the auditor shall be

r e q u i r e d t o ce r t i f y t h a t al l t h e i n f o r m a t i o n r e p o r t e d t o t h e

competent authority is in conformity with the obligations of these

regulations.

(3) In the case of authorised waste batteries and accumulators

collective organisations, the auditor shall be required to certify that

all the information reported to the competent authority is as

specified in the competent authority’s permit itself.

(4) Both self-compliant producers or permit holders of the

authorised waste batteries and accumulators collective

organisations shall ensure that a sound auditing procedure for

traceability, monitoring and control is put into place for all waste

batteries and accumulators managed.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provisions 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 provisions 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 conviction 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 whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further 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 mentioned in 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, including the

vehicle, if applicable.

(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

Criminal Code, proceedings for an offence against these

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.

WASTE MANAGEMENT

(WASTE BATTERIES AND ACCUMULATORS)