SUBSTANCES DEPLETING THE OZONE LAYER REGULATIONS

SUBSIDIARY LEGISLATION 549.58

SUBSTANCES DEPLETING THE OZONE LAYER

REGULATIONS

7th May, 2010

LEGAL NOTICE 280 of 2010.

The title of these regulations is the Substances Depleting

the Ozone Layer Regulations.

(1) These regulations contain provisions for the

application of Regulation (EC) No. 1005/2009 of the European

Parliament and of the Council of 16 September 2009, on substances

that deplete the ozone layer, (recast) hereinafter referred to as "the

EC Regulation".

(2) The provisions of the EC Regulation shall be implemented

and enforced under the Act.

(3) The scope of these regulations is to replace reference to

Regulation (EC) No 2037/2000 of the European Parliament and of

the Council of 29 June 2000, as amended, on substances that

deplete the ozone layer, with reference to Regulation (EC) No

1005/2009 of the European Parliament and of the Council of 16

September 2009 on substances that deplete the ozone layer (recast).

For the purposes of these regulations and of the EC

Regulation, the following definitions shall apply

"the competent authority" means the Environment and Resources

Authority as prescribed by the Nomination of the Competent

Authority Order, 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;

"course" means any taught form of instruction approved in

writing by the competent authority for the purposes of these

regulations;

"electronic version/copy" means a computerised format of all

necessary reporting forms required by these regulations;

"licence" means any licence issued by the competent authority

for the purposes of these regulations under any conditions which

may be deemed fit by the competent authority;

"logbook" refers to

(a) a hard bound, consecutively page numbered book

containing on the first page, the name, I.D. number

and license/permit number of the personnel involved,

and any other details as may be approved from time to

time by a notice of the competent authority in the

Gazette, and

(b) an electronic copy of the hard bound format in

paragraph (a), in a format established by the

competent authority;

"permit" means any permit issued by the competent authority for

the purposes of these regulations under any conditions which may

be deemed fit by the said competent authority;

"personnel involved" includes all producers, importers, shippers,

exporters, technicians, any appropriate bodies and users, including

retailers and any persons involved in the destruction, recovery,

reclamation and recycling of the substances covered by the EC

Regulation;

"shipment" means any movement of goods between Malta and

the remainder of the European Community, and "shipper" shall be

construed accordingly.

All personnel involved shall be registered with the

competent authority under such conditions as may be determined

by the authority.

(1)

All personnel involved shall

(a) possess the minimum qualification requirements as

defined by the competent authority. These minimum

qualification requirements will take the form of a

course with a duration and curriculum approved by the

competent authority. On successful completion of this

course, a licence/permit shall be issued by the

competent authority subject to a fee as may be

determined from time to time by a notice by the

competent authority in the Gazette. The licence shall

be valid for ten years from the date of successful

completion of the course. Such licence/permit may be

reviewed, renewed or terminated at any time by the

competent authority. Termination of a licence shall not

entail any right for compensation, and

(b) duly fill out a logbook, stating all amounts of

controlled substances recovered, recycled, reclaimed

or destroyed during their day to day operations.

Such personnel may also be subject to random audits by

officials of the competent authority.

(2) Only physical or legal persons authorized in writing by the

competent authority may conduct courses for the purposes of

qualifying personnel in terms of this regulation.

(3) All personnel involved may only handle, use or trade in,

whether for profit or otherwise, substances falling within the scope

of the EC Regulation or in products containing such substances if

they are in possession of the minimum qualification requirements

as defined in sub-regulation (1).

(4) All physical or legal persons involved in the handling, use,

trade, recovery, recycling, reclamation or destruction of substances

falling within the scope of the EC Regulation shall

(a) be registered with the competent authority under such

conditions as may be determined by the authority from

time to time, and

(b) duly fill out a logbook, stating all amounts of

controlled substances recovered, recycled, reclaimed

or destroyed during their day to day operations.

Such persons may also be subject to random audits by

officials of the competent authority.

(1) Should any shipment or export of substances falling

within the scope of the EC Regulation to facilities involved in the

recovery, recycling, reclamation and destruction of such substances

take place, such shipment shall comply with EEC Regulation 259/

93 of 1 February 1993 on the supervision and control of shipments

of waste within, into and out of the European Community and with

the Environment Protection (Control of Transboundary Movement

of Toxic and other Substances) Regulations.

(2) These regulations shall be without prejudice to the Waste

Regulations, or to measures adopted following regulation 3 of

those regulations.

(1) Existing fixed equipment with a refrigerating fluid

charge of more than three kilograms shall be registered with the

competent authority under such conditions as may be determined

by the authority within one year from the date of publication of

these regulations.

(2) New fixed equipment with a refrigerating fluid charge of

more than three kilograms shall be registered with the competent

authority within fifteen days of its sale. The retailer shall supply

the information as required by regulation 11(b) for registration

purposes.

(3) Any person owning fixed equipment with a refrigerating

fluid charge of more than three kilograms shall

(a) have this equipment checked for leakages annually,

and

(b) keep a log of all checks in a duly filled out logbook.

For the purposes of these regulations, all facilities used for

the storage of substances falling within the scope of the EC

Regulation shall be registered with the competent authority under

such conditions as may be determined by the authority. Such

registration may be reviewed, renewed or cancelled at any time by

the authority. Cancellation of registration shall not entail any right

of compensation.

Every year, before the 31st January, each user and shipper

of substances falling within the scope of the EC Regulation shall

communicate to the competent authority, data as specified below

for each controlled substance in respect of the period 1st January to

31st December of the preceding year. The competent authority shall

establish the format of this report, as a hard copy and an electronic

version, in such manner that -

(a) each shipper shall communicate the following

(i)

type;

(ii)

the name and serial number of the shipper;

(iii)

the date of shipment;

(iv)

the country of origin;

(v)

the country of destination;

(vi)

any quantities of controlled substances shipped

into and out of Malta;

(vii)

the nature of the substances differentiating

between virgin, recovered and reclaimed;

(viii) any other details as may be required from time

to time by the competent authority by notice in

the Gazette, and

(b) each user, including any producer who uses such

substances, shall communicate the following

(i)

type;

(ii)

the name and serial number of the user;

(iii)

quantities used;

(iv)

the nature of the substance, differentiating

between virgin, recovered and reclaimed;

(v)

the nature of the use;

(vi)

the quantities held in stock;

(vii)

any quantities recovered recycled, reclaimed or

destroyed;

(viii) any other details as may be required from time

to time by the competent authority by notice in

the Gazette.

(1) Before the 31st January of each year, refrigeration

technicians shall communicate to the competent authority the

information requested in regulation 9(b), as a hard copy and an

electronic version, together with the following

(a) the name of suppliers of substances used by them and

falling within the scope of the EC Regulation, and

(b) the quantity and destination of such substances

transferred and, or handed over by whatever means.

(2) Every five years, refrigeration technicians shall send copies

of their logbooks to the competent authority for review. These

copies shall be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession.

Before the 31st January of each year, retailers handling

substances falling within the scope of the EC Regulation or

products containing such substances shall send copies of their

official logbooks to the competent authority for review. These

copies must be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession. These shall contain the following information

(a) for substances falling within the scope of the EC

Regulation

(i)

the name and serial number of retailer,

(ii)

the name and serial number of shipper,

(iii)

the date of purchase from shipper,

(iv)

the nature of the substance (differentiating

between virgin, recovered and reclaimed stock),

(v)

the quantity,

(vi)

the date of sale by type and quantity,

(vii) the nature of the use,

(viii) the name and registration number of the buyer,

(ix) any other details as may be required from time

to time by the competent authority by notice in

the Gazette, and

(b) for fixed equipment with a refrigerating fluid charge of

more than three kg

(i)

the name and serial number of retailer,

(ii)

the date of sale,

(iii)

the charge in Kg,

(iv)

the nature of the substance,

(v)

the nature of the equipment,

(vi)

the place of installation,

(vii) the details of the new owner,

(viii) the registration reference number of the

equipment,

(ix) any other details as may be required from time

to time by the competent authority by notice in

the Gazette.

The retailer shall be responsible for keeping and reporting

information related to any sales and, or transfer by whatever means

of these substances and, or equipment until the point of sale, when

this responsibility will devolve to the new physical or legal persons

involved.

(1) All owners of fixed equipment with a refrigerating

fluid charge of more than three kg, shall before the 31st January of

each year, report the following, as a hard copy and an electronic

version, for each specifically identified piece of equipment, for the

period from 1st January to the 31st December of the previous year

(a) all amounts of leakages detected,

(b) actions taken to eliminate such leakages,

(c) the quantity and nature of the substances involved,

(d) serial number of personnel involved in terms of

paragraphs (a) and (b) as well as dates and results of

these checks,

(e) any quantities added and any quantities recovered

during servicing and maintenance and final disposal,

(f)

any other details as may be required from time to time

by the competent authority by notice in the Gazette.

(2) Every five years, all owners of fixed equipment with a

refrigerating fluid charge of more than three kg shall send copies of

their official logbooks to the competent authority for review. These

copies shall be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession.

Every year, before the 31st January, all entities involved in

the recovery, recycling, reclamation and destruction of controlled

substances shall communicate to the competent authority, data as

specified below, as a hard copy and an electronic version, for each

controlled substance in respect of the period 1 January to 31

December of the preceding year. They shall send copies of their

logbooks to the competent authority for review. These copies shall

be signed off by the official person in whose name the logbook was

issued as a true copy of the original logbook in their possession.

The log book must contain

(a) the name and serial number of the entity,

(b) the serial number of the personnel involved in the

consignment of controlled substances for recovery,

recycling, reclamation and destruction,

(c) the quantities and nature of controlled substances

consigned by each of the personnel involved

differentiating between substances consigned for

recovery, recycling, reclamation, and destruction,

(d) details of destination of controlled substances

consigned,

differentiating

between

substances

consigned for recovery, recycling, reclamation and

destruction,

(e) any remaining stock as at 31st December of each

reporting year,

(f)

any other details as may be required from time to time

by the competent authority by notice in the Gazette.

All physical or legal persons authorized in writing by the

competent authority to provide the course for the minimum

qualification requirements defined by the authority, as required by

regulation 5(2), shall, after the termination of each course cycle,

provide, within five working days, as a hard copy and an electronic

version, all the information related to the course as may be required

by the Authority. This information is to include

(a) the name and authorization number of the instruction

body running the course,

(b) the commencement and termination dates of course,

(c) the names, surnames and I.D. numbers of the

successful candidates,

(d) the nature of employment of the successful candidates,

(e) the registered business address of the successful

candidates,

(f)

any other details as may be required from time to time

by the competent authority by notice in the Gazette.

(1) Without prejudice to the provisions of article 14 of the

Act and of the Environment Protection (Preventive and Remedial

Measures) Regulations, the competent authority may, in carrying

out the tasks assigned to it by these regulations, request all relevant

information from the personnel involved and from undertakings

concerned.

(2) The competent authority may carry out any investigations

necessary under these regulations, and may also conduct random

checks and audits on imports, exports, shipments, storage facilities,

users and disposal facilities of substances within the scope of the

EC Regulation, as well as on all personnel involved.

(3) Subject to regulations 9 to 13, all shipments, imports and

exports shall be subject to random checks by the competent

authority. All shippers, importers and exporters shall inform the

competent authority about any upcoming shipment, import or

export at least fifteen working days in advance of the actual import,

export or shipment is carried out. All details shall be submitted

according to the requirements of the format established for this

purpose by the competent authority.

(4) Containers, including cylinders, filled with substances

falling within the scope of the EC Regulation, shall be labelled by

officials of the competent authority prior to their release from

Customs and the shipper, exporter or importer shall be responsible

as stipulated in regulation 9 for keeping and reporting information

related to any sales and, or transfer by whatever means of these

substances until the point of sale, when this responsibility will

devolve to the new physical or legal persons involved.

The competent authority may develop as appropriate and

ensure the dissemination of guidance notes and documents for the

purpose of ensuring the proper implementation of these regulations

and of the EC Regulation.

A person shall be guilty of an offence under these

regulations if such person

(a) fails to comply with any provision of the EC

Regulation or 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) contravenes any restriction, prohibition or requirement

imposed by or under the EC Regulation or these

regulations, or

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

EC Regulation or of these regulations, or

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

person by whatever means, including advertising,

counselling or procurement, to contravene the

provisions of the EC Regulation or 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 the EC Regulation or

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 the EC

Regulation or against these regulations shall, on conviction, be

liable

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

one thousand two hundred euro (€1,200) but not

exceeding two thousand three hundred euro (€2,300)

and where applicable, the revocation of such person’s

licence and confiscation of vehicle or equipment used

to commit the offence;

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two thousand three hundred euro

(€2,300), but not exceeding four thousand seven

hundred euro (€4,700) or to imprisonment for a term

not exceeding two years, or to both such fine and

imprisonment and where applicable, the revocation of

such person’s licence and confiscation of vehicle or

equipment used to commit the offence

Provided that the court shall order any person who has been

found guilty of committing an offence against the EC Regulation or

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 and the

confiscation of the corpus delicti

Provided further that the court may also order any person

who commits an offence against these regulations or the EC

Regulation to bear all or part of the costs incurred due to any

r e l e va n t i n f r i n g e m en t a c t i o n b r o u g h t ag a i n s t M a l t a b y th e

European Commission under the provisions of the EC Regulation

or of the Treaty establishing the European Community.

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

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

offences against the EC Regulation or against these regulations, so

however that the disqualification from holding or obtaining a

license, 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 di n g s f o r a n o ff e n c e a g a i n s t t h e E C

Regulation or 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

Crim in al A ppeal f ro m any jud gm ent giv en b y t he C ourt of

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

of proceedings for any offence against the EC Regulation or these

regulations.