Regolamenti dwar l-Iskart

SKART

REGOLAMENTI DWAR L-ISKART

TAQSIM TAR-REGOLAMENTI

Regolamenti

Suġġett, Kamp ta’ Applikazzjoni u Tifsiriet

1 - 7

Rekwiżiti Ġenerali

8 - 11

L-immaniġġar tal-iskart

12 - 18

Permessi u Reġistrazzjoni

19 - 27

Pjanijiet u Programmi

28 - 31

Ispezzjonijiet u Reġistri

32 - 36

Dispożizzjonijiet Finali

SKEDI

Operazzjonijiet ta’ Rimi

Operazzjonijiet ta’ Rkupru

Proprjetajiet ta’ Skart li jirrenduh perikoluż

Esklużjonijiet mill-Ħtiġiet stabbbiliti fir-regolament 24(1)

Programmi dwar il-Prevenzjoni tal-Iskart u l-Immaniġġar tal-Iskart

Eżempji ta’ Miżuri ta’ Prevenzjoni tal-Iskart imsemmija fir-regolament 36

Responsabbiltà Estiża ta’ Produtturi

Permess ta’ Kunsinna

Nota ta’ Kunsinna

Dikjarazzjoni ta’ Konformità mal-kriterji ta’ Tmiem tal-Iskart, imsemmija

fir-regolament 7

Il-Fond għall-Immaniġġar tal-Iskart

Eżempji ta’ Strumenti Ekonomiċi u Miżuri oħra biex jiġu

Pprovduti Inċentivi għall-Applikazzjoni tal-Ġerarkija tal-

Iskart kif imsemmi fir-regolament 4A

Pjan ta’ Implimentazzjoni

LEĠISLAZZJONI SUSSIDJARJA 549.63

REGOLAMENTI DWAR L-ISKART

1 ta’ Ġunju, 2011 *

L-AVVIŻ LEGALI 184 tal-2011, kif emendat bl-Avviżi Legali 441 tal-

2011, 384 tal-2012, 6 tal-2014, 382 tal-2015, u 164 tal-2017, 146 u 451

tal-2021 u 35 tal-2023 u bl-Att XXXIII tal-2024.

TAQSIMA I

SUĠĠETT, KAMP TA’ APPLIKAZZJONI U TIFSIRIET

The title of these regulations is the Waste Regulations.

DISPOSAL OPERATIONS

D 1 Deposit into or on to land (e.g. landfill, etc.)

D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils,

etc.)

D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or

naturally occurring repositories, etc.)

D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into pits,

ponds or lagoons, etc.)

D 5 Specially engineered landfill (e.g. placement into lined discrete cells which

are capped and isolated from one another and the environment, etc.)

D 6 Release into a water body except seas/oceans

D 7 Release to seas/oceans including sea-bed insertion

D 8 Biological treatment not specified elsewhere in this Schedule which results

in final compounds or mixtures which are discarded by means of any of the

operations numbered D 1 to D 12

D 9 Physico-chemical treatment not specified elsewhere in this Schedule which

results in final compounds or mixtures which are discarded by means of any

o f t he o p e r a t io n s n u m b e r e d D 1 t o D 1 2 ( e . g . e v a p o r a t i o n , d r y i ng,

calcination, etc.)

D 10 Incineration on land

D 11 Incineration at sea ( * )

D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)

D 13 Blending or mixing prior to submission to any of the operations numbered D

1 to D 12 ( † )

D 14 Repackaging prior to submission to any of the operations numbered D 1 to D

D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding

temporary storage, pending collection, on the site where the waste is

produced) ( ‡ )

*This operation is prohibited by EU legislation and international conventions.

†If there is no other D code appropriate, this can include preliminary operations prior to disposal including

pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning

or separating prior to submission to any of the operations numbered D1 to D12.

‡Temporary storage means preliminary storage according to regulation 4.

(1) These regulations bring into effect the provisions of

Directive 2008/98/EC † of the European Parliament and of the

Council of 19 November 2008 on waste and repealing Directives

75/439/EEC ‡ , 91/689/EEC § and 2006/12/EC ** .

(2) The objective of these regulations is to protect the

environment and human health by preventing or reducing the

generation of waste, the adverse impacts of the generation and

management of waste and by reducing overall impacts of resource use

and improving the efficiency of such use, which are crucial for the

transition to a circular economy and for guaranteeing the European

Union’s long-term competitiveness.

(3)

These regulations bring into effect

(a) Article 35 of Directive 2009/31/EC of the European

Parliament and of the Council of 23 April 2009 on the

geological storage of carbon dioxide and amending

Council Directive 85/337/EEC, European Parliament

and Council Directives 2000/60/EC, 2001/80/EC,

2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation

(EC) No 1013/2006;

(b) the provisions of Commission Directive (EU) 2015/

1127 of 10 July 2015 amending Annex II to Directive

2008/98/EC of the European Parliament and of the

Council on waste and repealing certain Directives;

(c) the provision of Commission Regulation (EU) No

1357/2014 of 18 December 2014 replacing Annex III

to Directive 2008/98/EC of the European Parliament

and of the Council on waste and repealing certain

Directives;

(d) the provisions of Council Regulation (EU) 2017/997

of 8 June 2017 amending Annex III to Directive 2008/

98/EC of the European Parliament and of the Council

as regards the hazardous property HP 14 ‘Ecotoxic’;

and

*See sub-regulation (2) of regulation 1, as originally promulgated, and Legal Notice

211 of 2011.

†OJ L 312, 22.11.2008, p. 3.

‡OJ L 194, 25.7.1975, p. 23.

§OJ L 377, 31.12.1991, p. 20.

**OJ L 114, 27.4.2006, p. 9.

(e) the provisions of Directive (EU) 2018/851 of the

European Parliament and of the Council of 30 May 2018

amending Directive 2008/98/EC on waste.

Amended by

L.N. 382 of 2015;

RECOVERY OPERATIONS

L.N. 146 of 2021.

Use principally as a fuel or other means to generate energy ( * )

Solvent reclamation/regeneration

R 3 Recycling/reclamation of organic substances which are not used as solvents

(including composting and other biological transformation processes) ( † )

Recycling/reclamation of metals and metal compounds ( ‡ )

Recycling/reclamation of other inorganic materials ( § )

Regeneration of acids or bases

Recovery of components used for pollution abatement

Recovery of components from catalysts

Oil re-refining or other reuses of oil

R 10 Land treatment resulting in benefit to agriculture or ecological improvement

R 11 Use of waste obtained from any of the operations numbered R 1 to R 10

R 12 Exchange of waste for submission to any of the operations numbered R 1 to

R 11 ( ** )

R 13 Storage of waste pending any of the operations numbered R 1 to R 12

(excluding temporary storage, pending collection, on the site where the waste is

produced) ( †† )

*This includes incineration facilities dedicated to the processing of municipal solid waste only where their

energy efficiency is equal to or above

- 0.60 for installations in operation and permitted in accordance with applicable Community legislation

before 1 January 2009,

- 0.65 for installations permitted after 31 December 2008,using the following formula

Energy efficiency = (Ep - (Ef + Ei))/(0.97 × (Ew + Ef))

In which

Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity

being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year)

Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year)

Ew means annual energy contained in the treated waste calculated using the net calorific value of the waste

(GJ/year)

Ei means annual energy imported excluding Ew and Ef (GJ/year)

0.97 is a factor accounting for energy losses due to bottom ash and radiation.

This formula shall be applied in accordance with the reference document on Best Available Techniques for

waste incineration.

The energy efficiency formula value will be multiplied by a climate correction factor (CCF) as shown

below

1. CCF for installations in operation and permitted in accordance with applicable Union legislation before 1

September 2015.

CCF = 1 if HDD > = 3 350

CCF = 1,25 if HDD < = 2 150

CCF = (0,25/1 200) x HDD + 1,698 when 2 150 < HDD < 3 350

2. CCF for installations permitted after 31 August 2015 and for installations under 1 after 31 December

2029

CCF = 1 if HDD > = 3 350

CCF = 1,12 if HDD < = 2 150

CCF = (0,12/1 200) x HDD + 1,335 when 2 150 < HDD < 3 350

(The resulting value of CCF will be rounded at three decimal places).

The value of HDD (Heating Degree Days) should be taken as the average of annual HDD values for the

incineration facility location, calculated for a period of 20 consecutive years before the year for which CCF is

calculated. For the calculation of the value of HDD the following method established by Eurostat should be

applied: HDD is equal to (18°C – Tm) x d if Tm is lower than or equal to 15°C (heating threshold) and is nil if

Tm is greater than 15°C; where Tm is the mean (Tmin + Tmax)/2 outdoor temperature over a period of d days.

Calculations are to be executed on a daily basis (d=1), added up to a year.

(1) The following shall be excluded from the scope of

these regulations

(a) gaseous effluents emitted in the atmosphere and

carbon dioxide captured and transported for the

purposes of geological storage and geologically stored

in accordance with of the Geological Storage of

Carbon Dioxide Regulations, or excluded from the

scope of the Geological Storage of Carbon Dioxide

Regulations, pursuant to regulation 2(2) of the latter

regulation;

(b) land (in situ) including unexcavated contaminated soil

and buildings permanently connected with land;

(c) uncontaminated soil and other naturally occurring

material excavated in the course of construction

activities where it is certain that the material will be

used for the purposes of construction in its natural

state on the site from which it was excavated;

(d) radioactive waste;

(e) decommissioned explosives;

(f)

faecal matter, if not covered by sub-regulation 2(b),

straw and other natural non-hazardous agricultural or

forestry material used in farming, forestry or for the

production of energy from such biomass through

processes or methods which do not harm the

environment or endanger human health.

(2) The following shall be excluded from the scope of these

regulations to the extent that they are covered by other national or

Community legislation

(a) waste waters;

(b) animal by-products including processed products

covered by Regulation (EC) No 1774/2002 * , except

those which are destined for incineration, landfilling

or use in a biogas or composting plant;

(c) carcasses of animals that have died other than by being

slaughtered, including animals killed to eradicate

epizootic diseases, and that are disposed of in

accordance with Regulation (EC) No 1774/2002;

(d) waste resulting from prospecting, extraction, treatment

and storage of mineral resources and the working of

quarries covered by the Waste Management

(Management of Waste from Extractive Industries and

Backfilling) Regulations;

*OJ L 273, 10.10.2002, p. 1

(e) substances that are destined for use as feed materials as

defined in point (g) of Article 3(2) of Regulation (EC) No

767/2009 of the European Parliament and of the Council

and that do not consist of or contain animal by-products * .

(3) Without prejudice to obligations under other relevant

Community and national legislation, sediments relocated inside

surface waters for the purpose of managing waters and waterways

or of preventing floods or mitigating the effects of floods and

droughts or land reclamation, shall be excluded from the scope of

these regulations if it is proved that the sediments are non-

hazardous.

(4) Specific rules for particular instances, or supplementing

those of these regulations, on the management of particular

categories of waste, may be laid down by means of specific

regulations.

Substituted by

L.N. 382 of 2015.

Amended by

L.N. 146 of 2021.

PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS

HP 1 "Explosive": waste which is capable by chemical reaction of producing

gas at such a temperature and pressure and at such a speed as to cause damage to the

surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive

self-reactive waste is included.

When a waste contains one or more substances classified by one of the hazard

class and category codes and hazard statement codes shown in Table 1, the waste

shall be assessed for HP 1, where appropriate and proportionate, according to test

methods. If the presence of a substance, a mixture or an article indicates that the

waste is explosive, it shall be classified as hazardous by HP 1.

Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents for the classification of wastes as hazardous by HP 1

Hazard Class and Category Code(s)

Hazard statement Code(s)

Unst. Expl.

Expl. 1.1

Expl. 1.2

Expl. 1.3

Expl. 1.4

Self-react. A

Org. Perox. A

Self-react. B

Org. Perox. B

HP 2 "Oxidising": waste which may, generally by providing oxygen, cause or

contribute to the combustion of other materials.

When a waste contains one or more substances classified by one of the hazard

class and category codes and hazard statement codes shown in Table 2, the waste

shall be assessed for HP 2, where appropriate and proportionate, according to test

methods. If the presence of a substance indicates that the waste is oxidising, it shall

be classified as hazardous by HP 2.

Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for

the classification of wastes as hazardous by HP 2

Hazard Class and Category Code(s)

Hazard statement Code(s)

Ox. Gas 1

† This includes preparing for re-use, gasification and pyrolysis using the components as chemicals and

recovery of organic materials in the form of backfilling

‡ This includes preparing for re-use

§ This includes preparing for re-use, recycling of inorganic construction materials, recovery of inorganic

materials in the form of backfilling, and soil cleaning resulting in recovery of the soil

**If there is no other R code appropriate, this can include preliminary operations prior to recovery including

preprocessing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding,

conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations

numbered R1 to R11.

††Temporary storage means preliminary storage according to regulation 4.

Ox. Liq. 1

Ox. Sol. 1

Ox. Liq. 2, Ox. Liq. 3

Ox. Sol. 2, Ox. Sol. 3

"Flammable"

flammable liquid waste: liquid waste having a flash point below 60°C or

waste gas oil, diesel and light heating oils having a flash point > 55°C

and ≤ 75°C;

flammable pyrophoric liquid and solid waste: solid or liquid waste

which, even in small quantities, is liable to ignite within five minutes

after coming into contact with air;

flammable solid waste: solid waste which is readily combustible or may

cause or contribute to fire through friction;

flammable gaseous waste: gaseous waste which is flammable in air at

20°C and a standard pressure of 101.3 kPa;

water reactive waste: waste which, in contact with water, emits

flammable gases in dangerous quantities;

other flammable waste: flammable aerosols, flammable self-heating

waste, flammable organic peroxides and flammable self-reactive waste.

When a waste contains one or more substances classified by one of the following

hazard class and category codes and hazard statement codes shown in Table 3, the

waste shall be assessed, where appropriate and proportionate, according to test

methods. If the presence of a substance indicates that the waste is flammable, it shall

be classified as hazardous by HP 3.

Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents for the classification of wastes as hazardous by HP 3

Hazard Class and Category Code(s)

Hazard statement Code(s)

Flam. Gas 1

Flam. Gas 2

Aerosol 1

Aerosol 2

Flam. Liq. 1

Flam. Liq. 2

Flam. Liq. 3

Flam. Sol. 1

Flam. Sol. 2

Self-react. CD

Self-react. EF

Org. Perox. CD

Org. Perox. EF

Pyr. Liq. 1

Pyr. Sol. 1

Self-heat.1

Self-heat. 2

Water-react. 1

Water-react. 2

Water-react. 3

HP 4 "Irritant - skin irritation and eye damage": waste which on application

can cause skin irritation or damage to the eye.

When a waste contains one or more substances in concentrations above the cut-off

value, that are classified by one of the following hazard class and category codes and

hazard statement codes and one or more of the following concentration limits is

exceeded or equalled, the waste shall be classified as hazardous by HP 4.

The cut-off value for consideration in an assessment for Skin corr. 1A (H314),

Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1%.

If the sum of the concentrations of all substances classified as Skin corr. 1A

(H314) exceeds or equals 1%, the waste shall be classified as hazardous according to

HP 4.

If the sum of the concentrations of all substances classified as H318 exceeds or

equals 10%, the waste shall be classified as hazardous according to HP 4.

If the sum of the concentrations of all substances classified H315 and H319

exceeds or equals 20%, the waste shall be classified as hazardous according to HP 4.

Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or

1C) in amounts greater than or equal to 5% will be classified as hazardous by HP 8.

HP 4 will not apply if the waste is classified as HP 8.

HP 5 "Specific Target Organ Toxicity (STOT) / Aspiration Toxicity": waste

which can cause specific target organ toxicity either from a single or repeated

exposure, or which cause acute toxic effects following aspiration.

When a waste contains one or more substances classified by one or more of the

following hazard class and category codes and hazard statement codes shown in

Table 4, and one or more of the concentration limits in Table 4 is exceeded or

equaled, the waste shall be classified as hazardous according to HP 5. When

substances classified as STOT are present in a waste, an individual substance has to

be present at or above the concentration limit for the waste to be classified as

hazardous by HP 5.

When a waste contains one or more substances classified as Asp. Tox. 1 and the

sum of those substances exceeds or equals the concentration limit, the waste shall be

classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40 °C)

does not exceed 20.5 mm 2 /s. *

Table 4: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents and the corresponding concentration limits for the classification

of wastes as hazardous by HP 5

Hazard Class and

Hazard statement Code(s)

Concentration

Category Code(s)

limit

STOT SE 1

1%

STOT SE 2

10%

STOT SE 3

20%

STOT RE 1

1%

* The kinematic viscosity shall only be determined for fluids.

STOT RE 2

10%

Asp. Tox. 1

10%

HP 6 "Acute Toxicity": waste which can cause acute toxic effects following

oral or dermal administration, or inhalation exposure.

If the sum of the concentrations of all substances contained in a waste, classified

with an acute toxic hazard class and category code and hazard statement code given

in Table 5, exceeds or equals the threshold given in that table, the waste shall be

classified as hazardous by HP 6. When more than one substance classified as acute

toxic is present in a waste, the sum of the concentrations is required only for

substances within the same hazard category.

The following cut-off values shall apply for consideration in an assessment

-

For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331)

0.1%;

-

For Acute Tox. 4 (H302, H312, H332): 1%.

Table 5: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents and the corresponding concentration limits for the classification

of wastes as hazardous by HP 6

Hazard Class and Category

Hazard statement

Concentration

Code(s)

Code(s)

limit

Acute Tox.1 (Oral)

0,1%

Acute Tox. 2 (Oral)

0,25%

Acute Tox. 3 (Oral)

5%

Acute Tox. 4 (Oral)

25%

Acute Tox.1 (Dermal)

0,25%

Acute Tox. 2 (Dermal)

2,5%

Acute Tox. 3 (Dermal)

15%

Acute Tox. 4 (Dermal)

55%

Acute Tox. 1 (Inhal.)

0,1%

Acute Tox. 2 (Inhal.)

0,5%

Acute Tox. 3 (Inhal.)

3,5%

Acute Tox. 4 (Inhal.)

22,5%

HP 7

"Carcinogenic": waste which induces cancer or increases its incidence.

When a waste contains a substance classified by one of the following hazard class

and category codes and hazard statement codes and exceeds or equals one of the

following concentration limits shown in Table 6, the waste shall be classified as

hazardous by HP 7. When more than one substance classified as carcinogenic is

present in a waste, an individual substance has to be present at or above the

concentration limit for the waste to be classified as hazardous by HP 7.

Table 6: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents and the corresponding concentration limits for the classification

of wastes as hazardous by HP 7

Hazard Class and Category

Hazard statement

Concentration

Code(s)

Code(s)

limit

Carc. 1A

0,1%

Carc. 1B

Carc. 2

1,0%

HP 8

"Corrosive": waste which on application can cause skin corrosion.

When a waste contains one or more substances classified as Skin corr.1A, 1B or

1C (H314) and the sum of their concentrations exceeds or equals 5%, the waste shall

be classified as hazardous by HP 8.

The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C

(H314) is 1.0 .

HP 9 "Infectious": waste containing viable micro-organisms or their toxins

which are known or reliably believed to cause disease in man or other living

organisms.

HP 10 "Toxic for Reproduction": waste which has adverse effects on sexual

function and fertility in adult males and females, as well as developmental toxicity in

the offspring.

When a waste contains a substance classified by one of the following hazard class

and category codes and hazard statement codes and exceeds or equals one of the

following concentration limits shown in Table 7, the waste shall be classified

hazardous according to HP 10. When more than one substance classified as toxic for

reproduction is present in a waste, an individual substance has to be present at or

above the concentration limit for the waste to be classified as hazardous by HP 10.

Table 7: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents and the corresponding concentration limits for the classification

of wastes as hazardous by HP 10

Hazard Class and Category

Hazard statement

Concentration

Code(s)

Code(s)

limit

Repr. 1A

0,3%

Repr. 1B

Repr. 2

3,0%

HP 11 "Mutagenic": waste which may cause a mutation, that is a permanent

change in the amount or structure of the genetic material in a cell.

When a waste contains a substance classified by one of the following hazard class

and category codes and hazard statement codes and exceeds or equals one of the

following concentration limits shown in Table 8, the waste shall be classified as

hazardous according to HP 11. When more than one substance classified as

mutagenic is present in a waste, an individual substance has to be present at or above

the concentration limit for the waste to be classified as hazardous by HP 11.

Table 8: Hazard Class and Category Code(s) and Hazard statement Code(s) for

waste constituents and the corresponding concentration limits for the classification

of wastes as hazardous by HP 11

Hazard Class and Category

Hazard statement

Concentration

Code(s)

Code(s)

limit

Muta. 1A

0,1%

Muta. 1B

Muta. 2

1,0%

HP 12 "Release of an acute toxic gas": waste which releases acute toxic gases

(Acute Tox. 1, 2 or 3) in contact with water or an acid.

When a waste contains a substance assigned to one of the following supplemental

hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12

according to test methods or guidelines.

HP 13 "Sensitising": waste which contains one or more substances known to

cause sensitising effects to the skin or the respiratory organs.

When a waste contains a substance classified as sensitising and is assigned to one

of the hazard statement codes H317 or H334 and one individual substance equals or

exceeds the concentration limit of 10%, the waste shall be classified as hazardous by

HP 13.

HP 14 "Ecotoxic": waste which presents or may present immediate or delayed

risks for one or more sectors of the environment.

Waste which fulfils any of the following conditions shall be classified as

hazardous by HP 14

-

Waste which contains a substance classified as ozone depleting assigned

the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008

of the European Parliament and of the Council and the concentration of such a

substance equals or exceeds the concentration limit of 0,1%.

-

[c(H420) ≥ 0,1%]

-

Waste which contains one or more substances classified as aquatic acute

assigned the hazard statement code H400 in accordance with Regulation (EC) No

1272/2008 and the sum of the concentrations of those substances equals or exceeds

the concentration limit of 25%. A cut-off value of 0,1% shall apply to such

substances.

-

[Σ c (H400) ≥ 25%]

Waste which contains one or more substances classified as aquatic chronic 1, 2 or

3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with

Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances

classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the

concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by

10 added to the sum of the concentrations of all substances classified as aquatic

chronic 3 (H412) equals or exceeds the concentration limit of 25%. A cut-off value

of 0,1% applies to substances classified as H410 and a cut-off value of 1% applies to

substances classified as H411 or H412.

-

[100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25%]

-

Waste which contains one or more substances classified as aquatic chronic

1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in

accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations

of all substances classified as aquatic chronic equals or exceeds the concentration

limit of 25%. A cut-off value of 0,1% applies to substances classified as H410 and a

cut-off value of 1% applies to substances classified as H411, H412 or H413.

-

[Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25%]

-

Where: Σ = sum and c = concentrations of the substances.

HP 15 "Waste capable of exhibiting a hazardous property listed above not

directly displayed by the original waste"

When a waste contains one or more substances assigned to one of the hazard

statements or supplemental hazards shown in Table 9, the waste shall be classified as

hazardous by HP 15, unless the waste is in such a form that it will not under any

circumstance exhibit explosive or potentially explosive properties.

Table 9: Hazard statements and supplemental hazards for waste constituents for

the classification of wastes as hazardous by HP 15

Hazard Statement(s)/Supplemental Hazard(s)

May mass explode in fire

Explosive when dry

EUH001

May form explosive peroxides

EUH019

Risk of explosion if heated under confinement

EUH044

In addition, the competent authority may characterise a waste as hazardous by HP

15 based on other applicable criteria, such as an assessment of the leachate.

Note

Attribution of the hazardous property HP 14 is made on the basis of the criteria

laid down

Regulation (EC) No 1272/2008 on the classification, labelling and packaging of

substances and mixtures * .

Test Methods

The methods to be used are described in Council Regulation (EC) No 440/2008 †

and in other relevant CEN notes or other internationally recognised test methods and

guidelines.

In these regulations, unless the context otherwise requires

"the Act" means the Environment Protection Act;

"the Agency" means the Circular Economy Malta established by the

Circular Economy Malta (Establishment) Order;

"after-care obligations" means the duties which the competent

authority may require a waste operator to carry out under regulation

22;

"applicant" means any person who applies for an environmental

permit as the case may be under these regulations;

"backfilling" means any recovery operation where suitable non-

hazardous waste is used for purposes of reclamation in excavated areas

or for engineering purposes in landscaping. Waste used for backfilling

must substitute non-waste materials, be suitable for the

aforementioned purposes, and be limited to the amount strictly

necessary to achieve those purposes;

"best available techniques" means best available techniques as

defined in regulation 5 of the Industrial Emissions (Framework)

Regulations;

"bio-waste" means biodegradable garden and park waste, food and

kitchen waste from households, offices, restaurants, wholesale,

canteens, caterers and retail premises and comparable waste from food

processing plants;

"broker" means any undertaking arranging the recovery or

disposal of waste on behalf of others, including such brokers who

do not take physical possession of the waste;

"carrier" means the person who collects and carries out the

transport, other than shipments of waste;

"col lectio n" m ean s the g athering of waste, inclu ding the

* OJ L 229, 1.9.2009, p. 1

preliminary sorting and preliminary storage of waste for the

purposes of transport to a waste treatment facility;

"co-mingled collection" means the collection of waste streams

intended for recycling together with each other but separately from

other waste;

"commercial waste" means waste from premises used wholly or

mainly for the purposes of a trade or business or the purposes of

sport, recreation or entertainment, excluding

(a) household waste;

(b) industrial waste;

(c) extractive waste as defined in regulation 3(1) of the

Waste Management (Management of Waste from

Extractive Industries and Backfilling) Regulations;

(d) waste of any other description deemed as not

commercial by the competent authority;

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

authority’ as defined in article 2 of the Act;

"consignee" means any natural or legal person who receives a

waste consignment for recovery or disposal;

"consignment note" means a note that is to accompany the

consignment of hazardous or non-hazardous waste, in the form set

out in Schedule 9;

"consignment permit" means a permit that is to be obtained from

the competent authority prior to a consignment of hazardous or

non-hazardous waste;

"consignor" means any natural or legal person who initiates the

transport, other than shipment, of waste, by requiring that the waste

be removed from the place at which it is being held;

"construction and demolition waste" means waste generated by

construction and demolition activities;

"dealer" means any undertaking which acts in the role of

principal to purchase and subsequently sell waste, including such

dealers who do not take physical possession of the waste;

"disposal" means any operation which is not recovery even

where the operation has as a secondary consequence the

reclamation of substances or energy. Schedule 1 sets out a non-

exhaustive list of disposal operations;

"food waste" means all food as defined in Article 2 of Regulation

(EC) No 178/2002 of the European Parliament and of the Council that

has become waste * ;

"hazardous waste" means waste which displays one or more of

the hazardous properties listed in Schedule 3;

"household waste" means waste generated by households;"

"industrial waste" means waste from any of the following premises

* OJ L 31, 1.2.2002, p. 1

(a) any work place as defined in article 2 of the Health

and Safety at Work Act;

(b) any premises used for the purposes of, or in connection

with, the provision to the public of transport services

by land, water or air;

(c) any premises used for the purposes of, or in connection

with, the supply to the public of gas, water or

electricity or the provision of sewerage services; or

(d) any premises used for the purposes of, or in connection

with, the provision to the public of postal or

telecommunications services;

"material recovery" means any recovery operation, other than

energy recovery and the reprocessing into materials that are to be

used as fuels or other means to generate energy. It includes, inter

alia, preparing for re-use, recycling and backfilling;

"local council" means a local council established under the Local

Government Act;

"the Minister" means the Minister responsible for the

environment;

"municipal waste" means

(a) mixed waste and separately collected waste from

households, including paper and cardboard, glass,

metals, plastics, bio-waste, wood, textiles, packaging,

waste electrical and electronic equipment, waste

batteries and accumulators, and bulky waste, including

mattresses and furniture;

(b) mixed waste and separately collected waste from other

sources, where such waste is similar in nature and

composition to waste from households.

Municipal waste does not include waste from production,

agriculture, forestry, fishing, septic tanks and sewage network and

treatment, including sewage sludge, end-of-life vehicles or

construction and demolition waste.

This definition is without prejudice to the allocation of

responsibilities for waste management between public and private

actors;"permit holder" means a person who has sought and obtained

a permit from the competent authority;

"non-hazardous waste" means waste which is not covered by the

definition "hazardous waste"

"Order" means a stop order or a compliance order issued under the

Act;

"permit" means any permit issued by the competent authority

under regulation 19;

"preparing for re-use" means checking, cleaning or repairing

recovery operations, by which products or components of products

that have become waste are prepared so that they can be re-used

without any other pre-processing;

"prevention" means measures taken before a substance, material

or product has become waste, that reduce

(a) the quantity of waste, including through the re-use of

products or the extension of the life span of products;

(b) the adverse impacts of the generated waste on the

environment and human health; or

(c) the content of hazardous substances in materials and

products;

"recovery" means any operation the principal result of which is

waste serving a useful purpose by replacing other materials which

would otherwise have been used to fulfil a particular function, or

waste being prepared to fulfil that function, in the plant or in the

wider economy. Schedule 2 sets out a non-exhaustive list of

recovery operations;

"recycling" means any recovery operation by which waste

materials are reprocessed into products, materials or substances

whether for the original or other purposes. It includes the

reprocessing of organic material but does not include energy

recovery and the reprocessing into materials that are to be used as

fuels or for backfilling operations;

"regeneration of waste oils" means any recycling operation

whereby base oils can be produced by refining waste oils, in

particular by removing the contaminants, the oxidation products

and the additives contained in such oils;

"regional council" means a regional council established under the

Local Government Act;

"remedial notice" means the notification document served upon a

permit holder when the competent authority considers that the

conditions of his permit are no longer adequate, or that his

permitted waste production or waste management activity poses an

unforeseen risk to human health or the environment;

"re-use" means any operation by which products or components

that are not waste are used again for the same purpose for which

they were conceived;

"separate collection" means the collection where a waste stream

is kept separately by type and nature so as to facilitate a specific

treatment;

"shipment" is as defined in Article 2 (34) of Regulation (EC) No

1013/2006 of the European Parliament and of the Council of 14

June 2006 on shipments of waste * ;

"treatment" means recovery or disposal operations, including

preparation prior to recovery or disposal;

"waste holder" means the waste producer or the natural or legal

person who is in possession of the waste;

"waste management" means the collection, transport, recovery

(including sorting), and disposal of waste, including the supervision of

such operations and the after-care of disposal sites, and including

*OJ L 190, 12.7.2006, p. 1-98

actions taken as a dealer or broker;

"waste oils" means any mineral or synthetic lubrication or

industrial oils which have become unfit for the use for which they

were originally intended, such as used combustion engine oils and

gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

"waste producer" means anyone whose activities produce waste

(original waste producer) or anyone who carries out pre-processing,

mixing or other operations resulting in a change in the nature or

composition of this waste;

"waste" means any substance or object which the holder discards

or intends or is required to discard.

(1)

In all waste management legislation and policy the

following waste hierarchy shall apply as a priority in the following

order

(a)

prevention;

(b)

preparing for re-use;

(c)

recycling;

(d)

other recovery, e.g. energy recovery; and

(e)

disposal.

(2)

When applying the waste hierarchy referred to in sub-

regulation (1), the Minister, in consultation with the competent

authority and the Agency, shall take measures to encourage the

options that deliver the best overall environmental outcome. This may

require specific waste streams departing from the hierarchy where this

is justified by life-cycle thinking on the overall impacts of the

generation and management of such waste.

The Minister shall ensure that the development of waste legislation

and policy is a fully transparent process, observing existing national

rules about the consultation and involvement of citizens and

stakeholders.

The Minister shall take into account the general environmental

protection principles of precaution and sustainability, technical

feasibility and economic viability, protection of resources as well as

the overall environmental, human health, economic and social

impacts, in accordance with regulation 2 and paragraph 3 of Part 1 of

Schedule 5.

(3)

The Minister shall make use of economic instruments and

other measures to provide incentives for the application of the waste

hierarchy, such as those indicated in Schedule 12 or other appropriate

instruments and measures.

(1)

The Minister, in consultation with the competent

authority and the Agency shall take the necessary measures to

establish an integrated and adequate network of waste disposal

installations and of installations for the recovery of mixed municipal

waste collected from private households, including where such

collection also covers such waste from other producers, taking into

account best available techniques.

(2)

The network shall be designed to enable the European

Union as a whole to become self-sufficient in waste disposal as well as

in the recovery of mixed municipal waste collected from private

households, and to enable Malta to move towards that aim

individually, taking into account geographical circumstances or the

need for specialised installations for certain types of waste.

(3)

The network shall enable waste to be disposed of or waste

referred to in sub-regulation (1) to be recovered in one of the nearest

appropriate installations, by means of the most appropriate methods

and technologies, in order to ensure a high level of protection for the

environment and public health.

(4) The principles of proximity and self-sufficiency do not

require that the full range of recovery facilities are located in Malta.

Amended by

L.N. 441 of 2011;

EXCLUSIONS FROM THE REQUIREMENTS

L.N. 384 of 2012;

LAID DOWN IN REGULATION 19(1)

L.N. 382 of 2015.

Part 1

Establishments or undertakings carrying out the following operations shall be

excluded from the requirements laid down in regulation 19(1)

1. Disposal or recovery of their own non-hazardous waste on the site of

generation;

2. Preliminary storage of waste pending collection, at the place of production.

Part 2

* OJ L 353 31.12.2008, p. 1

†

Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regu-

lation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Eval-

uation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1)

Activities excluded from the requirements laid down in regulation 19(1)

3. Generation and management of waste at the household

(1) The generation and management of household waste by the householder

generating that waste.

(2) The generation of hazardous wastes in quantities typically found in

household waste.

(3) The storage of any wastes mentioned in (1) and (2) for recycling or disposal,

for a period not longer than 1 calendar month.

(4) The transport, by means of private cars, of any wastes mentioned in (1) and

(2) to authorized disposal/collection facilities.

Provided that

(a) Waste is disposed of at a designated waste collection point, and

temporary storage of waste is done within the premises where waste is

being generated and in line with any other requirements of these

regulations; and

(b) A householder in (1) is also taken to mean any person generating waste

in a camper or private boat or similar.

4. Generation and management of waste other than in households

(1) The generation and management, by industrial, commercial, administrative

and social establishments and ins t it ut ion s ( in c lu di ng : chu rch e s, reli gi ou s

organizations, offices, shops, schools, restaurants, entertainment establishments,

farms and waste arising from one-off social activities), of waste.

(2) The generation of hazardous wastes by the establishments mentioned in (1)

above in quantities typically found in household waste.

Provided that

(a) The secure storage of waste in appropriate containers.

(b) The management of the generated waste is done within the premises

where it is generated.

(c) The transportation of waste is carried out by means of an authorized

waste carrier.

(d) The transportation of any category of waste is done to an authorized

facility.

(e) The generation of hazardous wastes in quantities greater than 10

kilograms per day is subject to registration providing details about

quantities, type and how this waste will be managed (i.e. secure storage

and disposal method).

(f)

The competent authority is notified prior to the movement of waste that

requires prior notification in line with regulation 14 or any other

legislation adding to or replacing them.

(g) The provisions of this paragraph do not apply to establishments

generating more than 5 tonnes of waste per day and undertakings listed

in paragraph 2 of this schedule or any other legislation adding to or

replacing them.

5. Composting biodegradable waste

(1)

Composting biodegradable waste at the place where the waste is produced or

where the compost is to be used, including home composting, if the total quantity of

waste being composted at that place at any time does not exceed 25 cubic metres.

(2) The storage of biodegradable waste that is to be composted if that storage is

at the place where the waste is produced or is to be composted.

(3) In this paragraph, "composting" includes any biological transformation

process that results in materials that may be spread on land for the benefit of

agriculture or ecological improvement.

6. Storage of returned faulty goods

The storage of returned goods that are waste, for a period not exceeding one year,

by their manufacturer, distributor or retailer, where either -

(a) they are intended to be prepared for reuse or submission to a recovery

operation; or

(b) they are being stored, at the place where the intention to discard them

was formed, pending their disposal.

7. Healthcare waste (including waste pharmaceuticals and medicines)

(1) The generation and handling of healthcare waste by a pharmacy or a

medical, nursing, dental, or veterinary practice within their own premises.

(2) The secure storage at a pharmacy, or any other authorised facility, pending

their disposal, of waste medicines (including those which are hazardous waste)

which have been returned from households or by individuals if -

(a) the total quantity of such returned waste medicines at the pharmacy or

any other authorised facility does not exceed 5 cubic metres at any time;

and

(b) any waste medicine so returned to the pharmacy or other authorised is

not stored there for longer than twelve months;

(c) in the case of the storage of hazardous waste exceeding 1 tonne,

registration should be accompanied by a site plan showing the location

on the premises where this storage is being effected as well as a

description of measures taken to ensure safe storage of the wastes;

(d) all pharmaceutical waste is removed from premises by an authorised

healthcare waste carrier; and

(e) a full audit trail of waste that leaves the premises shall be kept.

(3) The storage at the authorised premises of a medical, nursing, dental or

veterinary practice of healthcare/clinical waste (including hazardous waste)

produced in carrying on that practice provided that

(a) storage of healthcare waste at ambient temperature conditions is limited

to a maximum permitted storage period on premises of twenty-four

hours;

(b) waste stored in refrigerated conditions may be stored on premises for a

maximum period of seven days;

(c) amalgam waste generated by dental clinics is stored under water;

(d) amalgam waste is stored on premises for a maximum period of one

calendar year;

(e) all healthcare waste is removed from the premises by an authorised

waste carrier;

(f)

healthcare waste is passed on to authorised carriers in rigid containers

that are capable of withstanding the transit from the premises to the

destination disposal facility without allowing any waste to escape;

(g) the total quantity of healthcare waste at the premises does not at any

time exceed ten cubic metres; and

(h) a full audit trail of waste that leaves the premises shall be kept.

8. Samples of waste

The deposit or storage of samples of waste, including samples of waste which is

hazardous waste, which are being or are to be subjected to testing and analysis, at

any place where they are being or are to be tested or analysed, if the samples are

taken -

(a) in the exercise of any power under the Act;

(b) by or on behalf of the holder of a waste management permit in

pursuance of the conditions of that permit;

(c) by or on behalf of a person carrying on an activity to determine the

constituents or characteristics of such waste as part of an activity linked

with (a) and (b) above.

9. Burial of pets

(1) Subject to sub-paragraph (2) below, the burial of a dead domestic pet up to

40 kilograms in weight in the garden of a domestic property where the pet lived or in

land owned by the owner of the pet.

(2)

This paragraph does not apply if -

(a

the dead domestic pet may prove hazardous to anyone who may come

into contact with it; or

(b) the burial is carried out by an establishment or undertaking (such as a

veterinary clinic).

10. Management of waste from public recreation activities

(1) The generation and management of waste similar to household waste, in

public places as a result of small scale public recreation activities that involve

householders generating and managing waste outside their households, and

specifically excluding one-off large scale social activities (including feasts, mass

rallies, etc.) that would otherwise be covered by paragraph 2 of this Schedule.

(2) The generation of hazardous wastes in quantities typically found in

household waste.

(3) The transport by means of private cars, of any wastes mentioned in sub-

paragraphs (1) and (2) to authorized disposal/collection facilities.

Provided that

(a) any waste produced by householders during the activity outside their

household should be managed in line with the requirements of

paragraph 1;

(b) no waste is to escape in any way into public areas at any time from the

time the waste is being generated to the time the waste is being disposed

of in an appropriate manner;

(c) littering of public places is prevented.

11. Cesspits

Domestic cesspits, with the exclusion of cesspits for the collection of industrial

effluents, provided that they are covered by other national legislation.

(1) The competent authority shall provide the necessary

technical assistance to ensure that a substance or object resulting

from a production process, the primary aim of which is not the

production of that substance or object, is considered not to be

waste, but to be a by-product if the following conditions are met

(a) further use of the substance or object is certain;

(b) the substance or object can be used directly without

any further processing other than normal industrial

practice;

(c) the substance or object is produced as an integral part

of a production process; and

(d) further use is lawful, i.e. the substance or object fulfils

all relevant product, environmental and health

protection requirements for the specific use and will

not lead to overall adverse environmental or human

health impacts.

(2) Where criteria have not been set at European Union level, the

competent authority may establish detailed criteria on the application

of the conditions laid down in sub-regulation (1) to specific substances

or objects and shall notify the European Commission of those detailed

criteria in accordance with Directive (EU) 2015/1535 * ..

* OJ L 241, 17.9.2015, p. 1

Amended by

L.N. 441 of 2011;

WASTE PREVENTION PROGRAMMES AND

L.N. 6 of 2014.

WASTE MANAGEMENT PLANS

Part 1

Objectives

Overall objective

1. The objective of the plan is to take into account the principles set out in

regulation 2(2) and regulations 4A and 4B, together with the principle set out in

paragraph 3.

Waste Hierarchy

2. Repealed by Legal Notice 146 of 2021.

Protection of human health and the environment

3. To ensure that waste management is carried out without endangering human

health, without harming the environment and, in particular

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c) without adversely affecting the countryside or places of special interest.

Principles of self-sufficiency and proximity

4. Repealed by Legal Notice 146 of 2021.

Part 2

Matters which must be included in waste management plans

Analysis of current waste management situation

5. An analysis of the current waste management situation in Malta, as well as

the measures to be taken to improve environmentally sound preparing for re-use,

recycling, recovery and disposal of waste and an evaluation of how the plan will

support the implementation of the objectives and provisions of these regulations.

General policies in relation to waste

6. The waste management plans shall contain, as appropriate and taking into

account the geographical level and coverage of the planning area, at least the

following

(a) the type, quantity and source of waste generated within the Maltese

territory, the waste likely to be shipped from or to the national territory,

and an evaluation of the development of waste streams in the future;

(b) existing major disposal and recovery installations, including any special

arrangements for waste oils, hazardous waste, waste containing

significant amounts of critical raw materials, or waste streams

addressed by specific national and European Union legislation;

(c) an assessment of the need for closure of existing waste installations, and

for additional waste installation infrastructure in accordance with

regulation 4B of these regulations.

The competent authority shall ensure that an assessment of the investments and

other financial means, including for local authorities, required to meet

those needs is carried out. This assessment shall be included in the relevant

waste management plans or in other strategic documents covering the entire

territory of Malta;

(d) sufficient information on the location criteria for site identification and

on the capacity of future disposal or major recovery installations, if

necessary;

(e) general waste management policies, including planned waste

management technologies and methods, or policies for waste posing

specific management problems;

(f)

information on the measures to attain the objective laid down in

regulation 6(2) of the Waste Management (Landfill) Regulations or in

other strategic documents covering the entire territory of Malta;

(g) an assessment of existing waste collection schemes, including the

material and territorial coverage of separate collection and measures to

improve its operation, of any derogations granted in accordance with

regulation 10B(3) of these regulations, and of the need for new

collection schemes;

(h) measures to combat and prevent all forms of littering and to clean up all

types of litter;

(i)

appropriate qualitative or quantitative indicators and targets, including on

the quantity of generated waste and its treatment and on municipal waste

that is disposed of or subject to energy recovery.

Policies in relation to packaging waste

7. In pursuance of the objectives and measures laid down in the Packaging and

Packaging Waste Regulations, a chapter on the management of packaging and

packaging waste.

Policies in relation to separate collection

8. Measures to promote high quality recycling and, to this end, shall set up

separate collections of waste where technically, environmentally and economically

practicable and appropriate to meet the necessary quality standards for the relevant

recycling sectors.

Policies in relation to bio-waste

9. Measures in accordance with regulation 4A and paragraph 3 of Part 1 of this

Schedule in order to

(a) encourage the recycling, including composting and digestion, of bio-

waste in a way that fulfils a high level of environment protection and

results in output which meets relevant high-quality standards;

(b) encourage home composting;

(c) promote the use of materials produced from bio-waste.

Policies in relation to re-use

10. Measures, as appropriate, to promote the re-use of products and preparing

for re-use activities, in particular

(a) measures to encourage the establishment and support of re-use and

repair networks,

(b) the use of economic instruments,

(c) the use of procurement criteria,

(d) the setting of quantitative objectives.

Policies in relation to recovery

11. The necessary measures to ensure that waste undergoes recovery operations

in accordance with part 1 of this schedule.

Re-use, Recycling and recovery targets

12. (1) The necessary measures to achieve the following targets by 2020

(a) the preparing for re-use and the recycling of paper, metal, plastic and

glass from households, shall be increased to a minimum of overall 50%

by weight;

(b) the preparing for re-use, recycling and other material recovery,

including backfilling operations using waste to substitute other

materials, of non-hazardous construction and demolition waste

excluding naturally occurring material defined in category 17 05 04 in

the list of waste * shall be increased to a minimum of 70% by weight.

(2)

The necessary measures to achieve the targets established in regulation

Cooperation

13. Cooperation as appropriate with other competent authorities and Member States

concerned and the Commission to draw up the waste management plans and the waste

prevention programmes in accordance with regulations 28 and 29.

Part 3

Matters which may be included in waste management plans

Matters which may be included in waste management plans

14. Taking into account the geographical level and geographical area to which

the statement relates

(a) organisational aspects related to waste management, such as collection

frequency and collection times, including a description of the allocation

of responsibilities between public and private actors carrying out waste

management;

(b) an evaluation of the usefulness and suitability of the use of economic

and other instruments in tackling various waste problems, taking into

account the need to maintain the smooth functioning of the internal

market;

(c) the use of awareness campaigns and information provision directed at

the general public or at a specific set of consumers;

(d) historical contaminated waste disposal sites and measures for their

rehabilitation.

*OJ L 226, 6.9.2000, p. 3

Policies in relation to waste oils

15. Measures, as appropriate, and in accordance with paragraph 3 of this

schedule, to encourage the regeneration of waste oils where technically feasible.

(1) Waste which has undergone a recycling or other

recovery operation is considered to have ceased to be waste if it

complies with the following conditions

(a) the substance or object is to be used for specific

purposes;

(b) a market or demand exists for such a substance or

object;

(c) the substance or object fulfils the technical

requirements for the specific purposes and meets the

existing legislation and standards applicable to

products; and

(d) the use of the substance or object will not lead to

overall adverse environmental or human health

impacts.

(2) Where end-of-waste criteria have not been set at European

Union level, the competent authority may decide on a case-by-case

basis that a certain waste has ceased to be waste on the basis of the

conditions laid down in sub-regulation (1) and taking into account

limit values for pollutants and any possible adverse environmental

and human health impacts. The competent authority may take into

account the following requirements

(a) permissible waste input material for the recovery

operation;

(b) allowed treatment processes and techniques;

(c) quality criteria for end-of-waste materials resulting

from the recovery operation in line with the applicable

product standards, including limit values for pollutants

where necessary;

(d) requirements for management systems to demonstrate

compliance with the end-of-waste criteria, including

for quality control and self-monitoring, and

accreditation, where appropriate; and

(e) a requirement for the submission of a statement of

conformity, which shall contain the information set out

in Part B of Schedule 10.

(3) Any natural or legal person intending to carry out recycling

or other recovery operations in which waste ceases to be waste in

accordance with sub-regulation (1) is to obtain a permit from the

competent authority prior to any transfer of the resulting material

Provided that an application for a permit to reach end-of-

waste submitted by any person to the competent authority for a

decision under sub-regulation (2) shall contain at least the

information set out in Part A of Schedule 10.

(4)

The natural or legal person who -

(a) uses, for the first time, a material that has ceased to be

waste and that has not been placed on the market; or

(b) places a material on the market for the first time after

it has ceased to be waste,

shall ensure that the material meets relevant requirements under the

applicable chemical and product related legislation. The conditions

laid down in sub-regulation (1) have to be met before the legislation on

chemicals and products applies to the material that has ceased to be

waste.

Amended by

L.N. 441 of 2011.

EXAMPLES OF WASTE PREVENTION

MEASURES REFERRED TO IN REGULATION 29

Measures that can affect the framework conditions related to the generation of

waste

1. The use of planning measures, or other economic instruments promoting the

efficient use of resources.

2. The promotion of research and development into the area of achieving

cleaner and less wasteful products and technologies and the dissemination and use of

the results of such research and development.

3. The development of effective and meaningful indicators of the

environm ental pr essures associated with the generation of waste aimed at

contributing to the prevention of waste generation at all levels, from product

comparisons at Community level through action by local authorities to national

measures.

Measures that can affect the design and production and distribution phase

4. The promotion of eco-design (the systematic integration of environmental

aspects into product design with the aim to improve the environmental performance

of the product throughout its whole life cycle).

5. The provision of information on waste prevention techniques with a view to

facilitating the implementation of best available techniques by industry.

6. Organise training of competent authorities as regards the insertion of waste

prevention requirements in permits under these regulations and the Integrated

Pollution Prevention and Control Regulations.

7. The inclusion of measures to prevent waste production at installations not

falling under the Integrated Pollution Prevention and Control Regulations. Where

appropriate, such measures could include waste prevention assessments or plans.

8. The use of awareness campaigns or the provision of financial, decision

making or other support to businesses. Such measures are likely to be particularly

effective where they are aimed at, and adapted to, small and medium sized

enterprises and work through established business networks.

9. The use of voluntary agreements, consumer/producer panels or sectoral

negotiations in order that the relevant businesses or industrial sectors set their own

waste prevention plans or objectives or correct wasteful products or packaging.

10. The promotion of creditable environmental management systems, including

EMAS and ISO 14001.

Measures that can affect the consumption and use phase

11. Economic instruments such as incentives for clean purchases or the

institution of an obligatory payment by consumers for a given article or element of

packaging that would otherwise be provided free of charge.

12. The use of awareness campaigns and information provision directed at the

general public or a specific set of consumers.

13. The promotion of creditable eco-labels.

14. Agreements with industry, such as the use of product panels such as those

being carried out within the framework of Integrated Product Policies or with

retailers on the availability of waste prevention information and products with a

lower environmental impact.

15. In the context of public and corporate procurement, the integration of

environmental and waste prevention criteria into calls for tenders and contracts, in

line with the Handbook on environmental public procurement published by the

Commission on 29 October 2004.

16. The promotion of the reuse and/or repair of appropriate discarded products

or of their components, notably through the use of educational, economic, logistic or

other measures such as support to or establishment of accredited repair and reuse-

centres and networks especially in densely populated regions.

(1) Commission Decision 2000/532/EC * establishing a list

of wastes shall apply. The list of waste shall be binding as regards

determination of the waste which is to be considered as hazardous

waste. The inclusion of a substance or object in the list shall not

mean that it is waste in all circumstances. A substance or object

shall be considered to be waste only where the definition laid down

in regulation 4 is met.

(2) The competent authority may consider waste as hazardous

waste where, even though it does not appear as such in Commission

Decision 2000/532/EC † , it displays one or more of the properties

listed in Schedule 3

Provided that the competent authority shall notify the

European Commission of any such cases without delay and provide it

with all relevant information.

(3) Where the competent authority has evidence to show that a

specific waste listed in Commission Decision 2000/532/EC as

hazardous waste does not display any of the properties listed in

Schedule 3, it may consider that waste as non-hazardous waste.

(4) The reclassification of hazardous waste as non-hazardous

waste may not be achieved by diluting or mixing the waste with the

aim of lowering the initial concentrations of hazardous substances

to a level below the thresholds for defining waste as hazardous laid

down in Commission Decision 2000/532/EC.

(5) The competent authority may consider waste as non-

hazardous waste in accordance with Commission Decision 2000/

532/EC referred to in sub-regulation (1).

PART II

GENERAL REQUIREMENTS

EXTENDED PRODUCER RESPONSIBILITY

Repealed by L.N. 146 of 2021.

Repealed by Legal Notice 146 of 2021.

CONSIGNMENT PERMIT - DETAILS TO BE FILLED IN

BY CONSIGNOR, CARRIER AND CONSIGNEE

An establishment or undertaking which collects, transports

or receives waste which has been separately collected shall not mix

that waste with other waste or other material with different

properties.

CONSIGNMENT NOTE - DETAILS TO BE FILLED IN

BY CONSIGNOR, CARRIER AND CONSIGNEE

(1)

Without prejudice to the Waste Management

(Packaging and Packaging Waste) Regulations, the Extended Producer

Responsibility Framework Regulations, 2021, and the Local

Government Act, Local Councils are to set up systems in their locality

for the separate collection (which includes co-mingled collection), and

*OJ L 226, 6.9.2000, p.3

† OJ L 226, 6.9.2000, p.3

the Regional Councils are to ensure that such systems are set-up, for at

least the following

(a)

paper;

(b)

metal;

(c)

plastic;

(d)

glass; and

(e)

bio-waste,

in order to promote high quality recycling.

(2)

Without prejudice to the Waste Management (Packaging

and Packaging Waste) Regulations, Local Councils shall allocate

space for the provision of Recycling Points for the separate collection

of paper, metal, plastic and glass for every two thousand (2,000)

inhabitants in each specific locality, and the Regional Councils are to

ensure that such space is allocated

Provided that Local Councils with less than two thousand

(2,000) inhabitants shall provide space for at least one set of

Recycling Points in their respective locality

Provided further that for the purposes of Recycling Points

under this sub-regulation separate collection shall not include co-

mingled collection.

(3)

Local Councils that fail to comply with the provisions of

sub-regulation (2) shall be liable to a penalty in accordance with the

Daily Penalties (Environment) Regulations.

(4)

Without prejudice to regulation 10B, any carrier registered

in accordance with the Waste Management (Activity Registration)

Regulations to carry waste as defined in regulation 4 who collects any

one of the waste streams identified in sub-regulation (1) separately,

shall keep all fractions collected separately.

(5)

By 1 January 2025 there shall be systems set up for the

separate collection of

(a) hazardous waste fractions produced by households to

ensure that they are treated in accordance with

regulation 4A and paragraph 3 of Part 1 of Schedule 5

and do not contaminate other municipal waste streams;

and

(b) textiles.

(1)

The Minister, in consultation with the competent

authority and the Agency, shall take measures to prevent waste

generation. Such measures shall, at least

(a) promote and support sustainable production and

consumption models;

(b) encourage the design, manufacturing and use of

products that are resource-efficient, durable (including

in terms of life span and absence of planned

obsolescence), repairable, re-usable and upgradable;

(c) target products containing critical raw materials to

prevent that those materials become waste;

(d) encourage the re-use of products and the setting up of

systems promoting repair and re-use activities,

including in particular for electrical and electronic

equipment, textiles and furniture, as well as packaging

and construction materials and products;

(e) encourage, as appropriate and without prejudice to

intellectual property rights, the availability of spare

parts, instruction manuals, technical information, or

other instruments, equipment or software enabling the

repair and re-use of products without compromising

their quality and safety;

(f)

reduce waste generation in processes related to

industrial production, extraction of minerals,

manufacturing, construction and demolition, taking

into account best available techniques;

(g) reduce the generation of food waste in primary

production, in processing and manufacturing, in retail

and other distribution of food, in restaurants and food

services as well as in households as a contribution to

the United Nations Sustainable Development Goal to

reduce by 50% of the per capita global food waste at

the retail and consumer levels and to reduce food

losses along production and supply chains by 2030;

(h) encourage food donation and other redistribution for

human consumption, prioritising human use over

animal feed and the reprocessing into non-food

products;

(i)

promote the reduction of the content of hazardous

substances in materials and products, without

prejudice to harmonised legal requirements concerning

those materials and products laid down at European

Union level, and ensure that any supplier of an article

as defined in point 33 of Article 3 of Regulation (EC)

No 1907/2006 * provides the information pursuant to

Article 33(1) of that Regulation to the European

Chemicals Agency as from 5 January 2021;

(j)

reduce the generation of waste, in particular waste that

is not suitable for preparing for re-use or recycling;

(k) identify products that are the main sources of littering,

notably in natural and marine environments, and take

*OJ L 396, 30.12.2006, p. 1

appropriate measures to prevent and reduce litter from

such products

Provided that if the Minister, in consultation with the

competent authority and the Agency, decides to

implement this obligation through market restrictions,

he shall ensure that such restrictions are proportionate

and non-discriminatory;

(l)

aim to halt the generation of marine litter as a

contribution towards the United Nations Sustainable

Development Goal to prevent and significantly reduce

marine pollution of all kinds;

(m) develop and support information campaigns to raise

awareness about waste prevention and littering.

(2)

The competent authority and the Agency shall monitor and

assess the implementation of the national measures on re-use by

measuring re-use on the basis of the common methodology

established in Commission Implementing Decision (EU) 2021/19

laying down a common methodology and a format for reporting on

reuse in accordance with Directive 2008/98/EC of the European

Parliament and of the Council.

(3)

The competent authority and the Agency shall monitor and

assess the implementation of national food waste prevention measures

by measuring the levels of food waste on the basis of the methodology

established by Commission Delegated Decision (EU) 2019/1597

supplementing Directive 2008/98/EC of the European Parliament and

of the Council as regards a common methodology and minimum

quality requirements for the uniform measurement of levels of food

waste.

(1)

The Minister, in collaboration with the competent

authority and the Agency, shall take the necessary measures to ensure

that waste undergoes preparing for re-use, recycling or other recovery

operations, in accordance with regulation 4A and the principles set out

in paragraph 3 of Part 1 of Schedule 5.

(2)

Where necessary to comply with sub-regulation (1), and to

facilitate or improve preparing for re-use, recycling and other

recovery operations, waste shall be subject to separate collection and

shall not be mixed with other waste or other materials with different

properties.

(3)

The competent authority may grant derogations from sub-

regulation (2) provided that at least one of the following conditions is

met

(a) collecting certain types of waste together does not

affect their potential to undergo preparing for re-use,

recycling or other recovery operations in accordance

with regulation 4A and results in output from those

operations which is of comparable quality to that

achieved through separate collection;

(b) separate collection does not deliver the best

environmental outcome when considering the overall

environmental impacts of the management of the

relevant waste streams;

(c) separate collection is not technically feasible taking

into consideration good practices in waste collection;

(d) separate collection would entail disproportionate

economic costs taking into account the costs of

adverse environmental and health impacts of mixed

waste collection and treatment, the potential for

efficiency improvements in waste collection and

treatment, revenues from sales of secondary raw

materials as well as the application of the polluter-pays

principle and extended producer responsibility

Provided that the competent authority shall regularly

review derogations under this paragraph taking into

account good practices in separate collection of waste

and other developments in waste management

Provided further that a request for a derogation under

this regulation shall be made in writing to the

competent authority and the competent authority shall

decide on a case-by-case basis.

(4)

The Minister, in consultation with the competent authority

and the Agency, shall take measures to ensure that waste that has been

separately collected for preparing for re-use and recycling is not

incinerated, with the exception of waste resulting from subsequent

treatment operations of the separately collected waste for which

incineration delivers the best environmental outcome in accordance

with regulation 4A.

(5)

Where necessary to comply with sub-regulation (1), and to

facilitate and improve recovery, the Minister, in consultation with the

competent authority, shall take the necessary measures, before or

during recovery, to remove hazardous substances, mixtures and

components from hazardous waste with a view to their treatment in

accordance with regulation 4A and paragraph 3 of Part 1 of Schedule

5.

(1)

The Minister, in consultation with the competent

authority and the Agency, shall take measures to promote preparing

for re-use activities, notably by encouraging the establishment of, and

support for, preparing for re-use and repair networks, by facilitating,

where compatible with proper waste management, their access to

waste held by collection schemes or facilities that can be prepared for

re-use but is not destined for preparing for re-use by those schemes or

facilities, and by promoting the use of economic instruments,

procurement criteria, quantitative objectives or other measures.

The Minister, in consultation with the competent authority

and the Agency, shall take measures to promote high-quality recycling

and, to this end, subject to regulation 10B(2) and (3), shall set up

separate collection of waste.

The Minister, in consultation with the competent authority

and the Agency, shall take measures to promote selective demolition

in order to enable removal and safe handling of hazardous substances

and facilitate re-use and high-quality recycling by selective removal

of materials, and to ensure the establishment of sorting systems for

construction and demolition waste at least for wood, mineral fractions

(concrete, bricks, tiles and ceramics, stones), metal, glass, plastic and

plaster.

(2) In order to comply with the objectives of these regulations

and move towards a European circular economy with a high level

of resource efficiency, the following targets shall be achieved

(a) by 2025, the preparing for re-use and the recycling of

municipal waste shall be increased to a minimum of

55% by weight;

(b) by 2030, the preparing for re-use and the recycling of

municipal waste shall be increased to a minimum of

60% by weight;

(c) by 2035, the preparing for re-use and the recycling of

municipal waste shall be increased to a minimum of

65% by weight

Provided that the Minister may by notice in the Gazette

place the responsibility for the achievement of the targets referred to

in paragraphs (a), (b) and (c) on the Local Councils, or on the

Regional Councils, or on both.

(3)

The Minister may postpone the deadlines for attaining the

targets referred to in paragraphs (a), (b) and (c) of sub-regulation (2)

by up to five (5) years, provided that

(a) Malta has prepared for re-use and recycled less than

twenty per cent (20%) or landfilled more than sixty per

cent (60%) of its municipal waste generated in 2013 as

reported under the Joint Questionnaire of the OECD

and Eurostat; and

(b) at the latest twenty-four (24) months before the

respective deadline laid down in paragraphs (a), (b)

and (c) of sub-regulation (2), the Minister notifies the

Commission of its intention to postpone the respective

deadline and submits an implementation plan in

accordance with Schedule 13.

(4) Within three (3) months of receipt of the implementation

plan submitted pursuant to paragraph (b) of sub-regulation (3), the

Commission may request Malta to revise the plan if the

Commission considers that the plan does not comply with the

requirements set out in Schedule 13. Malta shall submit a revised

plan within three (3) months of the receipt of the Commission’s

request.

(5) In the event of postponing the attainment of the targets in

accordance with sub-regulation (3), the Minister, in consultation

with the competent authority and the agency, shall take the

necessary measures to increase the preparing for re-use and the

recycling of municipal waste

(a) to a minimum of fifty per cent (50%) by 2025 in the

event of postponing the deadline for attaining the

target referred to in paragraph (a) of sub-regulation

(2);

(b) to a minimum of fifty-five per cent (55%) by 2030 in

the event of postponing the deadline for attaining the

target referred to in paragraph (b) of sub-regulation

(2);

(c) to a minimum of sixty per cent (60%) by 2035 in the

event of postponing the deadline for attaining the

target referred to in paragraph (c) of sub-regulation

(2).

(1)For the purpose of calculating whether the targets laid

down in regulation 10C(2) have been achieved

(a) the competent authority shall calculate the weight of

the municipal waste generated and prepared for re-use

or recycled in a given calendar year;

(b) the weight of the municipal waste prepared for re-use

shall be calculated as the weight of products or

components of products that have become municipal

waste and have undergone all necessary checking,

cleaning or repairing operations to enable re-use

without further sorting or pre-processing;

(c) the weight of the municipal waste recycled shall be

calculated as the weight of waste which, having

undergone all necessary checking, sorting and other

preliminary operations to remove waste materials that

are not targeted by the subsequent reprocessing and to

ensure high-quality recycling, enters the recycling

operation whereby waste materials are actually

reprocessed into products, materials or substances.

(2)

For the purposes of sub-regulation (1)(c), the weight of the

municipal waste recycled shall be measured when the waste enters the

recycling operation

Provided that, by way of derogation from sub-regulation

(1), the weight of the municipal waste recycled may be measured at

the output of any sorting operation

Provided further that

(a) such output waste is subsequently recycled; and

(b) the weight of materials or substances that are removed

by further operations preceding the recycling

operation and are not subsequently recycled is not

included in the weight of waste reported as recycled.

(3)

The competent authority shall establish an effective system

of quality control and traceability of municipal waste to ensure that

the conditions laid down in sub-regulations (1)(c) and (2) are met. To

ensure the reliability and accuracy of the data gathered on recycled

waste, the system may consist of electronic registries set up pursuant

to regulation 33(5), technical specifications for the quality

requirements of sorted waste, or average loss rates for sorted waste for

various waste types and waste management practices respectively.

Average loss rates shall only be used in cases where reliable data

cannot be obtained otherwise and shall be calculated on the basis of

the calculation rules established in line with Article 11a(10) of

Directive 2008/98/EC.

(4)

For the purpose of calculating whether the targets laid down

in regulation 10C(2) have been attained, the amount of municipal

biodegradable waste that enters aerobic or anaerobic treatment may be

counted as recycled where that treatment generates compost,

digestate, or other output with a similar quantity of recycled content in

relation to input, which is to be used as a recycled product, material or

substance

Provided that where the output is used on land, the

competent authority may count it as recycled only if this use results in

benefits to agriculture or ecological improvement.

(5)

As from 1 January 2027, the competent authority may count

municipal bio-waste entering aerobic or anaerobic treatment as

recycled only if, in accordance with paragraph of sub-regulation of

regulation 10(1)(e) and paragraph 9 of Part 2 of Schedule 5, it has

been separately collected or separated at source.

(6)

For the purposes of calculating whether the targets laid

down in regulation 10C(2) have been attained, the amount of waste

materials that have ceased to be waste as a result of a preparatory

operation before being reprocessed may be counted as recycled,

provided that such materials are destined for subsequent reprocessing

into products, materials or substances to be used for the original or

other purposes

Provided that end-of-waste materials to be used as fuels or

other means to generate energy, or to be incinerated, backfilled or

landfilled, shall not be counted towards the attainment of the recycling

targets.

(7)

For the purposes of calculating whether the targets laid

down in regulation 10C(2) have been attained, the competent

authority may take into account the recycling of metals separated after

incineration of municipal waste provided that the recycled metals

meet the quality criteria laid down in Commission Implementing

Decision (EU) 2019/1004 laying down rules for the calculation,

verification and reporting of data on waste in accordance with

Directive 2008/98/EC of the European Parliament and of the Council

and repealing Commission Implementing Decision C(2012) 2384.

(8)

Waste collected in Malta that is exported outside the Union

for preparing for re-use or recycling shall count towards the

attainment of the targets laid down in regulation 10C(2) only if the

requirements of sub-regulation (3) of this regulation are met and if, in

accordance with Regulation (EC) No 1013/2006 * , the exporter can

prove that the shipment of waste complies with the requirements of

that Regulation and that the treatment of waste outside the Union took

place in conditions that are broadly equivalent to the requirements of

the relevant European Union environmental law.

(9)

For the application of this regulation, the rules for

calculation, verification and reporting of data laid down in

Commission Implementing Decision (EU) 2019/1004 laying down

rules for the calculation, verification and reporting of data on waste in

accordance with Directive 2008/98/EC of the European Parliament

and of the Council and repealing Commission Implementing Decision

C(2012) 2384 shall apply.

Amended by

L.N. 441 of 2011.

(Regulation 6)

INFORMATION TO BE SUBMITTED ON

APPLYING FOR AN END-OF-WASTE PERMIT

Part A: Information to be included in an application for an End-of-Waste permit

An application for an end-of-waste permit shall at least contain the following

information

a description of the intended use, including the related processes and

functions of the material once it ceases to be waste;

a description of the substituted primary material;

a description of the existent or potential market for the material once it

ceases to be waste;

evidence that the product has a market demand, which may be in the form of

possible sales evidence or a letter of intent to purchase or obtain the said material or

any other documentation that substantiates that a market exists;

information on any relevant technical requirements, legislation and, or

standards which the material would need to adhere to in order for it to cease to be

a description and the EWC Code * of the type of waste entering the recovery

operation;

the expected quantity, in kilogram, of waste entering the recovery operation

and the output, in kilogram, expected to reach end-of-waste status;

a description of the recovery operation applied in order to achieve the end-

of-waste status, including the following information

the R code pursuant to Schedule 2;

the type of pre-treatment required (if any);

information about mixing processes and, or ratios to be applied if more than

one waste stream is mixed;

information on any primary material and, or non-waste materials to be

mixed with the waste(s) to produce the waste-derived product, including details on

any ratios applied; and

information on any waste materials or substances that are to be removed

throughout the recovery operation and are not expected to reach the end-of-waste

Part B: Information to be contained in the statement of conformity

The information to be contained in a statement of conformity is

a signed declaration stating that the material that has ceased to be waste has

met all the criteria and permit conditions set by the Authority.

details on whether the placement on the market for the first time after the

material has ceased to be waste is in conformity with the relevant national, EU or

* This refers to the classification of waste based on the European List of Waste – Commission Decision

2000/532/EC and Schedule 3 of these Regulations.

international chemical and product related legislation;

quantity, in kilogram, of the material that is placed on the market for the first

time after it has ceased to be waste;

the HS Code of the material if it is to be exported for use in another Member

State or third country.

The competent authority shall ensure that, where recovery in

accordance with paragraph 11 of Schedule 5 is not undertaken, waste

undergoes safe disposal operations which meet the provisions laid

down in paragraph 3 of Schedule 5 on the protection of human health

and the environment.

PART III

WASTE MANAGEMENT

WASTE MANAGEMENT FUND

The Waste Management Fund shall include

(a)

any revenue generated through any out of court settlement agreement

regulated by article 83 of the Act in relation to

(i)

S.L. 549.43 – Waste Management (Packaging and Packaging Waste)

(ii)

S.L. 549.89 – Waste Management (Electrical and Electronic

Equipment) Regulations

(iii)

S.L. 549.54 – Waste Management (Waste Batteries and Accumulators)

Regulations

(iv)

S.L. 549.36 – Waste Management (End of Life Vehicles) Regulations

(b)

any additional fees taken as an environmental gain pursuant to producers or

schemes failing to achieve targets set out in regulation 8 of the Waste

Management (Packaging and Packaging Waste);

(c)

any funds arising out of forfeiture of financial guarantees under

(i)

S.L. 549.43 – Waste Management (Packaging and Packaging Waste)

(ii)

S.L. 549.89 – Waste Management (Electrical and Electronic

Equipment) Regulations

(iii)

S.L. 549.54 – Waste Management (Waste Batteries and Accumulators)

Regulations

(1) It shall be the duty of any original waste producer or

other waste holder who carries out the treatment of waste himself

or has the treatment handled by a dealer or an establishment or

undertaking which carries out waste treatment operations or

arranged by a private or public waste collector to ensure that the

waste is managed, in accordance with regulation 4A and paragraph 3

of Part 1 of Schedule 5 and the conditions attached to any permit.

(2) It shall be the duty of any original waste producer or other

waste holder to

(a) prevent any contravention of these regulations;

(b) prevent the escape of such waste from his control or

that of any other person;

(c) ensure that such waste is managed by a person who is

in possession of a permit.

*OJ L 190, 12.7.2006, p 1.

(3) Sub-regulations (1) and (2) shall not apply to an occupier of

a household as respects the household waste produced on the

property.

(4) It shall be the duty of the occupier of a household to take all

such measures available to him as are reasonable in the

circumstances to secure that any transfer by him of household

waste produced on the property is only to an authorised person or to

a person for authorised transport purposes.

(5) No person shall deposit any waste except in a waste

management facility which is authorised to receive that waste by

virtue of a permit.

(6) When the waste is transferred from the original producer or

holder to one of the natural or legal persons referred to in sub-

regulation (1) for preliminary treatment, the responsibility for

carrying out a complete recovery or disposal operation shall not be

discharged as a general rule. Without prejudice to Regulation (EC)

No 1013/2006 * , the competent authority may specify the conditions

of responsibility and decide in which cases the original producer is

to retain responsibility for the whole treatment chain or in which

cases the responsibility of the producer and the holder can be

shared or delegated among the actors of the treatment chain.

(7) Without prejudice to regulation 4(3) of the Extended Producer

Responsibility Framework Regulations, in accordance with the

polluter-pays principle, the costs of waste management, including for

the necessary infrastructure and its operation, shall be borne by the

original waste producer or by the current or previous waste holders

depending on who has the duty of care for the waste in accordance

with the provisions of this regulation.

(8) Establishments or undertakings which collect or transport

waste on a professional basis shall deliver the waste collected and

transported to appropriate treatment installations in accordance

with paragraph 3 of Schedule 5.

(1) It shall be the duty of every person to separate the

following recyclable waste streams at source prior to their separate

collection

(a)

paper;

(b)

metal;

(c)

plastic;

(d)

glass;

(e)

bio-waste; and

(f)

any other waste stream as determined by the

Minister

*OJ L 190, 12.7.2006, p. 1-98

Provided that co-mingled collection of certain streams

may be allowed only if carried out in conformity with the provisions of

Schedule 3 to the Abandonment, Dumping and Disposal of Waste in

Streets and Public Places or Areas Regulations

Provided further that with respect to waste generated in

public places, this obligation applies only where bins for the separate

collection are available.

(2) The enforcement of sub-regulation (1) shall be carried out in a

phased approach as shall be prescribed by the Minister by means of a

Government notice in the Gazette and in conformity with regulation

10(4A) of the Abandonment, Dumping and Disposal of Waste in

Streets and Public Places or Areas Regulations.

L.N.451 of 2021.

EXAMPLES OF ECONOMIC INSTRUMENTS AND

OTHER MEASURES TO PROVIDE INCENTIVES

FOR THE APPLICATION OF THE WASTE

HIERARCHY REFERRED TO IN REGULATION 4A

1. Charges and restrictions for the landfilling and incineration of waste which

incentivise waste prevention and recycling, while keeping landfilling the least preferred

waste management option.

2. "Pay-as-you-throw" schemes that charge waste producers on the basis of

the actual amount of waste generated and provide incentives for separation at source of

recyclable waste and for reduction of mixed waste.

3. Fiscal incentives for donation of products, in particular food.

4. Extended producer responsibility schemes for various types of waste and

measures to increase their effectiveness, cost efficiency and governance.

5. Deposit-refund schemes and other measures to encourage efficient

collection of used products and materials.

6. Sound planning of investments in waste management infrastructure,

including through European Union funds.

7. Sustainable public procurement to encourage better waste management and

the use of recycled products and materials.

8. Phasing out of subsidies which are not consistent with the waste hierarchy.

9. Use of fiscal measures or other means to promote the uptake of products

and materials that are prepared for re-use or recycled.

10. Support to research and innovation in advanced recycling technologies and

remanufacturing.

11. Use of best available techniques for waste treatment.

12. Economic incentives for regional and local authorities, in particular to

promote waste prevention and intensify separate collection schemes, while avoiding

support to landfilling and incineration.

13. Public awareness campaigns, in particular on separate collection, waste

prevention and litter reduction, and mainstreaming these issues in education and

14. Systems for coordination, including by digital means, between all

competent public authorities involved in waste management.

15. Promoting continuous dialogue and cooperation between all stakeholders

in waste management and encouraging voluntary agreements and company reporting on

By way of derogation from Regulation (EC) No 1013/2006

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

shipments of waste * , incoming shipments of waste destined to

incinerators that are classified as recovery shall be prohibited,

where it has been established that such shipments would result in

national waste having to be disposed of or waste having to be

treated in a way that is not consistent with Malta’s national waste

management plan.

Added by

L.N.451 of 2021.

(Regulation 10C(3))

IMPLEMENTATION PLAN

The implementation plan to be submitted pursuant to sub-regulation (3) of

regulation 10C shall contain the following

1. Assessment of the past, current and projected rates of recycling, landfilling

and other treatment of municipal waste and the streams of which it is composed.

2. Assessment of the implementation of waste management plans and waste

prevention programmes in place pursuant to regulations 28 and 29.

3. Reasons for which Malta considers that it might not be able to attain the

relevant target laid down in sub-regulation (2) of regulation 10C within the deadline set

therein and an assessment of the time extension necessary to meet that target.

4. Measures necessary to attain the targets set out in sub-regulations (2) and

(5) of regulation 10C that are applicable to Malta during the time extension, including

appropriate economic instruments and other measures to provide incentives for the

application of the waste hierarchy as set out in regulation 4A and Schedule 12.

5. A timetable for the implementation of the measures identified in item 4,

determination of the body competent for their implementation and an assessment of their

individual contribution to attaining the targets applicable in the event of a time

extension.

6. Information on funding for waste management in line with the polluter-

pays principle.

7. Measures to improve data quality, as appropriate, with a view to better

planning and monitoring performance in waste management.

(1) The competent authority shall take the necessary

action to ensure that the production, collection and transportation

of hazardous waste, as well as its storage and treatment, are carried

out in conditions providing protection for the environment and

hum an h ealt h in order t o m eet the prov isi on s lai d do wn in

paragraph 3 of Schedule 5.

(2) Holders of hazardous waste shall ensure that, in the course

of collection, transport, and temporary storage, such hazardous

waste is securely packaged and labelled in accordance with

international and national standards or as prescribed by the

competent authority.

(3) Any person intending to transfer hazardous waste or any

non-hazardous waste as prescribed by the competent authority,

within Maltese territory or waters shall inform the competent

authority of the intended transfer and at least fifteen working days

before the actual transfer is planned to take place, the applicant

shall submit to the competent authority a completed consignment

permit in accordance with Schedule 8. Consignment permits shall

be valid for such a time as the competent authority specifies.

(4) Whenever hazardous waste or any non-hazardous waste

identified by the competent authority, is transferred within Maltese

territory or waters, it shall be accompanied by a coded hazardous

waste consignment note issued by the competent authority, a

specimen of which is in Schedule 9.

(5) The competent authority shall subsequently provide this

person with five copies of a coded consignment note containing the

details to be filled in by the consignor, carrier and consignee, in

*OJ L 190, 12.7.2006, p. 1-98

accordance with Schedule 9, as follows

(a) Copy 1: prenotification copy to be sent by consignor to

the competent authority;

(b) Copy 2: consignor copy to be kept by the consignor;

(c) Copy 3: carrier copy, to accompany the waste during

transfer;

(d) Copy 4: consignee copy to be kept by the consignee;

and

(e) Copy 5: deposit copy to be sent by the consignee to the

competent authority.

(6) At least three working days before the actual transfer is

planned to take place, the applicant shall submit to the competent

authority a completed consignment note in accordance with

Schedule 9.

(7) If the competent authority objects to the intended transfer,

the competent authority shall inform the consignor at least 48 hours

before the planned date of transfer.

(8) The competent authority may authorise a series of transfers

of wastes having the same physical and chemical characteristics

and occurring within twelve months from the issue of the

authorisation to be covered by one prenotification.

(9) If there is no objection from the competent authority for the

intended transfer, the transfer shall take place within thirty days

from the date of the prenotification. In the case of a multiple

transfer, the first transfer shall take place within thirty days from

the date of the prenotification.

(10) Waste consignment notes shall be kept for a minimum of

three years and made available on request to the competent

authority.

(11) The competent authority may allow deviations from the

provisions of this regulation in cases where the competent authority

deems that the waste needs to be managed without undue delay, in an

effort to minimise potential threats to the environment, humans and

other living organisms. In such cases, the competent authority shall

require the producer or holder of the waste to ensure traceability from

production to final destination.

(1) The competent authority may introduce processing

fees to cover the expenses incurred in assessing and processing of

applications, and in the issue of permits in conformity with

regulations.

(2) The competent authority may request a bank guarantee to

ensure compliance with the conditions laid down in a permit.

(1) Hazardous wastes shall not be mixed, either with other

categories of hazardous waste or with other waste, substances or

materials. Mixing shall include the dilution of hazardous

substances.

(2)

By way of derogation from sub-regulation (1), the

competent authority may allow mixing provided that

(a) the mixing operation is carried out by an establishment

or undertaking which has obtained a permit in

accordance with regulation 19;

(b) the provisions in paragraph 3 of Schedule 5 are

complied with and the adverse impact of the waste

management on human health and the environment is

not increased; and

(c) the mixing operation conforms to best available

techniques.

(3) Where hazardous waste has been unlawfully mixed in

breach of this regulation, the competent authority shall ensure,

without prejudice to regulations 34 and 35, that separation is

carried out where technically feasible and necessary to comply with

regulation 4B.

Where separation is not required pursuant to sub-regulation

(1), the competent authority shall ensure that the mixed waste is

treated in a facility that has obtained a permit in accordance with

regulation 19 to treat such a mixture..

(1) Regulations 14, 16 and 33 shall not apply to mixed

waste produced by households.

(2) Regulations 14 and 33 shall not apply to separate fractions

of hazardous waste produced by households until they are accepted

for collection, disposal or recovery by an establishment or an

undertaking which has obtained a permit or has been registered in

accordance with regulations 19 or 27.

(1) Without prejudice to the provisions related to the

management of hazardous waste laid down in regulations 14 and

16, waste oils -

(a) shall be collected separately, unless separate collection

is not technically feasible taking into account good

practices;

(b) shall be treated, giving priority to regeneration or

alternatively to other recycling operations delivering

an equivalent or a better overall environmental

outcome than regeneration, in accordance with

regulation 4A and paragraph 3 of Part 1 of Schedule 5;

(c) of different characteristics shall not be mixed and

waste oils are not to be mixed with other kinds of

waste or substances, if such mixing impedes their

regeneration or another recycling operation delivering

an equivalent or a better overall environmental

outcome than regeneration.

(2) Where technically feasible and economically viable, waste

oils of different characteristics are not to be mixed and waste oils

are not to be mixed with other kinds of waste or substances, if such

mixing impedes their treatment.

(3)

The competent authority may in accordance with Schedule

4 and where Articles 11 or 12 of Regulation (EC) No 1013/2006 of

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

shipments of waste * apply, restrict the transboundary shipment of

waste oils from Malta to incineration or co-incineration facilities in

order to give priority to the regeneration of waste oils.

(1)

In order to comply with the objectives of these

regulations and European Union legislation, and move to a European

circular economy with a high level of resource efficiency, the

Minister, in consultation with the competent authority and the Agency,

shall take the necessary measures to ensure that by 31 December 2023

and subject to regulation 10B(2) and (3), bio-waste is either separated

and recycled at source, or is collected separately and is not mixed with

other types of waste.

(2) Waste with similar biodegradability and compostability

properties which complies with relevant European standards or any

equivalent national standards for packaging recoverable through

composting and biodegradation, may be allowed to be collected

together with bio-waste.

PART IV

PERMITS AND REGISTRATION

(1) Any establishment or undertaking intending to carry

out waste treatment, including but not limited to, storage of waste

pending any recovery or disposal operations (excluding temporary

storage of waste which is pending collection on the site where such

waste is generated), shall obtain a permit from the competent

authority.

(2)

Permits shall specify at least the following

(a) the types and quantities of waste that may be treated;

(b) for each type of operation permitted, the technical and

any other requirements relevant to the site concerned;

(c) the safety and precautionary measures to be taken;

(d) the method to be used for each type of operation;

(e) such monitoring and control operations as may be

necessary;

(f)

such closure and after-care provisions as may be

necessary; and

(g) any other information requested by the competent

authority to assist it in its assessment of the

application.

(3) Permits shall be valid for such a time as the competent

authority specifies, and an application for renewal by the permit

holder shall be decided upon by the competent authority in

accordance with regulation 21.

(4)

Permits under these regulations may also be issued or held

*OJ L 190, 12.7.2006, p. 1-98

in the name of partnerships, companies and other collective

undertakings and corporate bodies.

(5) A permit holder shall be legally responsible and

accountable to ensure that the waste management activity for which

he has been granted a permit is carried out in accordance with these

regulations and with the conditions stipulated in the permit.

(6) Employees of a permit holder shall be authorised to

undertake waste management activities under these regulations by

virtue of their employer’s permit, provided that

(a) they are acting on their employer’s behalf;

(b) they are acting within the remit of their employer’s

permit and are in observance of the terms, conditions

and rules attached thereto and these regulations in

general;

(c) they are duly qualified in accordance with regulation

(7) Employees of a permit holder shall be deemed to be acting

on their employer’s behalf unless the contrary is proved.

(8) A permit shall not be transferable, unless the competent

authority’s approval has been sought and granted for this purpose.

(9) Subject to regulation 25, the competent authority shall

decide whether or not to issue a permit within six months from the

date on which it receives the application.

(10) It shall be a condition of any permit covering incineration

or co-incineration with energy recovery that the recovery of energy

takes place with a high level of energy efficiency.

(11) Insofar as the requirements of this regulation are complied

with, any permit produced pursuant to other national or Community

legislation may be combined with the permit required under sub-

regulation (1) to form a single permit, where such a format obviates

the unnecessary duplication of information and the repetition of

work by the operator or the competent authority.

20. (1) Any person who collects or transports waste on a

professional basis, dealers, brokers and waste treatment operators

shall possess the minimum qualification requirements as defined by

t h e c o m p e t e n t a u t h o r i t y. T h e s e m i n i m u m q u a l i f i c a t i o n

requirements will take the form of a course with a duration and

curriculum approved by the competent authority. The competent

authority shall only accept certification by recognized training

agencies institutions.

(2) Such personnel as are mentioned in sub-regulation (1) may

also be subject to random audits by officials of the competent

authority.

(1) Where the competent authority considers that the

intended method of treatment is unacceptable from the point of

view of environmental protection, in particular when the method is

not in accordance with paragraph 3 of Schedule 5, it shall refuse to

issue the permit.

(2) In determining whether to issue or refuse a permit to an

applicant, the competent authority shall take into account

(a) the applicant’s suitability to undertake the proposed

activity, having regard to, as applicable

(i)

his record of compliance with these regulations,

the Act and any other regulations made

thereunder;

(ii) his financial capacity to comply with all

obligations and liabilities that will or may arise

from the proposed activity under these

regulations, or his ability to offer such financial

security therefore as the competent authority

may require; and

(iii) his qualifications, experience and technical

competence to carry out the proposed activity

safely and with minimum risk to human health

and the environment, and to abide by any

conditions set in relation thereto by the

competent authority;

(b) the measures he proposes to take to minimise the risk

of harm to human health and the environment arising

from his proposed activity;

(c) whether he proposes to recover waste, his proposed

methods, and how he proposes to safely dispose of any

residues;

(d) use of best available technology not entailing

excessive cost; and

(e) any other relevant considerations which the competent

authority deems fit to take into account.

(3) The competent authority shall inform the applicant of the

grounds for its decision when it rejects an application for a permit.

(4) The competent authority may request from the applicant

any information relevant to its deliberations under this regulation.

Failure on the applicant’s part to provide such information to the

competent authority or to coop er ate with i ts inquiries may

constitute grounds for refusal of a permit.

The competent authority may issue a permit subject to such

conditions and obligations as it deems necessary, including after-

care obligations, and the provision of a suitable financial assurance

to be made within a stipulated period by the applicant in favour of

the competent authority.

(1) Where the competent authority considers that the

conditions attached to a permit are no longer adequate, or that the

activity authorised by the permit poses an unforeseen risk to human

health or the environment, it may

(a) alter the terms and conditions attached to the permit;

(b) serve a remedial notice upon the permit holder setting

out the steps which must be taken to comply with the

altered conditions and to remove the risk or actual

harm as well as the period in which these steps must be

completed

Provided that the competent authority must include in

its remedial notice the steps that the permit holder

must comply with so as to remedy the situation as well

as the time by which such steps must be taken.

(2) Where the unforeseen risk arising from an activity

authorised by a permit cannot be mitigated by measures under sub-

regulation (1), the competent authority may suspend the permit in

whole or in part as necessary to avert the risk.

(3) Where the competent authority believes that a permit holder

is, or is likely to be, in breach of the conditions attached to his

permit or these regulations in general, the competent authority may

issue an Order specifying the breach of the conditions, the steps

which shall be taken to prevent it and the time in which these steps

shall be completed.

(4) If a permit holder fails to comply with a remedial notice or

an Order, the competent authority may revoke the permit in whole

or in part and itself undertake the remedial action required,

defraying the expenses incurred out of the permit holder’s financial

assurance.

(5) It may additionally bring into effect any punitive measures

specified therein, including confiscation of all or part of the

financial assurance

Provided that, if the cost of this remedial action exceeds the

financial assurance, the person responsible shall bear the additional

costs.

(6) Action by the competent authority under sub-regulations

(3) and (4) shall be without prejudice to regulations 34, 35 and 36.

(1) The competent authority may attach conditions to a

permit, relating to the rehabilitation, monitoring and remedial

action, as applicable, to be carried out after the cessation of a waste

management and, or waste production activity or the closure of a

waste management or waste production site, as the case may be.

(2) A permit holder shall notify the competent authority of his

intention to cease the operations undertaken by him in accordance

with his permit, at least three months prior to taking action

therefore.

(3) Where a site that has been used for the purposes of a waste

m a n a g e m e n t a c t i v i t y, i s t o c l o s e d o w n o r o t h e r w i s e c e a s e

operating, the competent authority shall assess the site in question,

particularly in relation to

(a) its physical stability;

(b) any contamination;

(c) the presence of any residues; and

(d) the presence

of

any

discharges

that

require

management.

(4) The competent authority may require the permit holder to

provide any information relevant to its investigations, including

(a) the history and use of the waste management or waste

production site;

(b) the presence of pollution and contaminants; and

(c) sampling and monitoring reports.

(5) Following its investigations under this regulation, the

competent authority may

(a) confirm and bring into effect the after-care obligations

attached to the permit in accordance with sub-

regulation (1); and

(b) require the permit holder to take such additional

measures as it considers necessary in relation to the

remedial action, rehabilitation, and monitoring of the

waste management or waste production site.

(6) The permit holder shall continue to be bound by the after-

care obligations imposed by the competent authority under sub-

regulations (1) and (5) for such a period as it may stipulate,

notwithstanding that the permit holder has ceased to operate or he

no longer holds a permit.

(7) Any after-care obligations attached to a current or former

waste management site shall be transferred to the new owner in the

event of a change in ownership of the site in question. The previous

owner shall inform the new owner about the waste related history

of the site and, the new owner shall request such information from

the previous owner of the site in question.

The competent authority shall be exempt from civil

liability for anything done reasonably and in good faith in the

execution of its duties under these regulations.

Establishment or undertakings and activities laid down in

Schedule 4 shall be exempt from the requirements laid down in

regulation 19(1).

(1) Where the following are not subject to permit

requirements, the competent authority shall keep a register of

(a) establishments or undertakings which collect or

transport waste on a professional basis;

(b) dealers or brokers; and

(c) establishments or undertakings which are subject to

exemptions from the permit requirements pursuant to

regulation 26, in accordance with the Waste

Management (Activity Registration) Regulations,

(2) Where possible, existing records held by the competent

authority shall be used to obtain the relevant information for this

registration process in order to reduce the administrative burden.

PART V

PLANS AND PROGRAMMES

(1) The Minister, in consultation with the competent

authority and the Agency, shall establish one or more waste

management plans, in line with the objectives and the principles set

out in regulation 2(2), regulations 4A and 4B, and paragraph 3 of Part

1 of Schedule 5. Such plans shall, alone or in combination, cover all

Malta.

(2) The Minister, in consultation with the competent authority

and the Agency, shall ensure that the waste management plan or

plans

(a) include a statement of the Ministry’s policies for

attaining the objectives and principles specified in

regulations 4A and 4B and paragraph 3 of Part 1 of

Schedule 5; and

(b) include the matters set out in Part 2 of Schedule 5.

(3) The Minister, in consultation with the competent authority and

the Agency, shall consider, in particular, whether the matters set out in

Part 3 of Schedule 5 should be included in the waste management

plans.

(4) The Minister, in consultation with the competent authority and

the Agency, shall ensure that the waste management plans conform to

the waste planning requirements laid down in regulation 10 of the

Waste Management (Packaging and Packaging Waste) Regulations, to

the targets laid down in regulation 10C(2) of these regulations and to

the requirements laid down in regulation 5 of the Waste Management

(Landfill) Regulations, and for the purposes of litter prevention, to the

requirements laid down in regulation 10 of the Marine Policy

Framework Regulations and regulation 12 of the Water Policy

Framework Regulations.

(5) A statement of policy made before the coming into force of

these regulations may be, or form part of, a waste management

plan.

(1) The Minister, in consultation with the competent

au thority and the Ag en cy, shal l est ablish waste prevention

programmes setting out at least the waste prevention measures as

laid down in regulation 10A(1) in accordance with regulations 2(2)

and 4A.

Such programmes shall be integrated either into the waste

management plans required under regulation 28 or into other

environmental policy programmes, as appropriate, or shall function as

separate programmes. If any such programme is integrated into the

waste management plan or into those other programmes, the waste

prevention objectives and measures shall be clearly identified.

(2) When establishing such programmes, the competent authority

and the Agency shall, where relevant, describe the contribution of

instruments and measures listed in Schedule 12 to waste prevention

and shall evaluate the usefulness of the examples of measures

indicated in Schedule 6 or other appropriate measures. The

programmes shall also describe existing waste prevention measures

and their contribution to waste prevention.

(3) The Minister, in consultation with the competent authority and

the Agency, shall adopt specific food waste prevention programmes

within their waste prevention programmes.

The competent authority shall ensure that the waste

management plans and waste prevention programmes are evaluated at

least every sixth year and revised as appropriate and, where relevant,

in accordance with Schedule 5 and other community measures.

All the relevant stakeholders and authorities and the

general public shall have the opportunity to participate in the

elaboration of the waste management plans and waste prevention

programmes, and have access to them once elaborated, in

accordance with the Plans and Programmes (Public Participation)

Regulations or, if relevant, the Strategic Environmental Assessment

Regulations. They shall place the plans and programmes on a

publicly available website.

PART VI

INSPECTIONS AND RECORDS

(1) Establishments or undertakings which carry out waste

treatment operations, establishments or undertakings which collect

or transport waste on a professional basis, brokers and dealers, and

establishments or undertakings which produce hazardous waste

s h a l l b e sub j e c t t o a p p ro p ri a t e pe ri o di c in s p e c t io n s b y t he

competent authority.

(2) Inspections concerning collection and transport operations

shall cover the origin, nature, quantity and destination of the waste

collected and transported.

(3) The competent authority may take account of registrations

obtained under the Community Eco-Management and Audit

Scheme (EMAS), in particular regarding the frequency and

intensity of inspections.

(1)The establishments and undertakings referred to in

regulation 19(1), the producers of hazardous waste, and the

establishments and undertakings which collect or transport

hazardous waste on a professional basis, or act as dealers and

brokers of hazardous waste, shall keep a chronological record of

(a) the quantity, nature and origin of that waste and the

quantity of products and materials resulting from

preparing for re-use, recycling or other recovery

operations; and

(b) where relevant, the destination, frequency of

collection, mode of transport and treatment method

foreseen in respect of the waste.

They shall make that data available to the competent authority

through the electronic registry or registries to be established pursuant

to sub-regulation (5).

(2) For hazardous waste, the records shall be preserved for at

least three years except in the case of establishments and

undertakings transporting hazardous waste which must keep such

records for at least twelve months.

(3) Documentary evidence that the management operations

have been carried out shall be supplied at the request of the

competent authority or of a previous holder.

(4) The competent authority may require the producers of non-

hazardous waste to comply with sub-regulations (1) and (2).

(5) The competent authority shall set up an electronic registry

or coordinated registries to record the data on hazardous waste

referred to in sub-regulation (1) covering the entire geographical

territory of Malta.

The competent authority may establish such registries for other

waste streams, in particular for those waste streams for which

targets are set in national and European Union legislation. The data

on waste reported by industrial operators in the European Pollutant

Release and Transfer Register set up under Regulation (EC) No

166/2006 of the European Parliament and of the Council * shall be

used.

(1)

The establishments and undertakings referred to in

regulation 19(1) and the establishments and undertakings which act as

dealers and brokers of waste, shall submit annual reports to the

competent authority within three (3) calendar months of the closing of

the reference year.

The competent authority shall specify the format in which

such information is to be made available, which format shall contain

guidance concerning the presentation, structure and content of the

annual report.

(2)

The competent authority may carry out, at the expense of

the operator, or may request the operator to carry out, an audit to

certify that all of the information reported to the competent authority

is in conformity with the obligations of these regulations.

(3)

The operators referred to in sub-regulation (1) shall submit

the audit report referred to in sub-regulation (2), where relevant,

together with the annual report referred to in sub-regulation (1).

(4)

It shall be the responsibility of all the operators referred to

in sub-regulation (1) to retain for a minimum period of five (5) years

the annual report referred to sub-regulation (1) from the date of

submission.

(5)

The competent authority may request that the Regional

Councils or the Local Councils, for the purposes of monitoring the

systems set up under regulation 10(1), submit a report to the

competent authority.

The competent authority shall specify the time-frame and

* OJ L 33, 4.2.2006, p. 1

the format in which such information is to be made available.

(6) Without prejudice to the confidentiality of commercially

sensitive information, a copy of the reports referred to in sub-

regulations (1) and (5) shall be made available in accordance with the

Freedom of Access to Information on the Environment Regulations.

(1) Without prejudice to the Abandonment, Dumping and

Disposal of Waste in Streets and Public Places or Areas Regulations,

the Minister, in collaboration with the competent authority, shall take

the necessary measures to prohibit the abandonment, dumping or

uncontrolled management of waste, including littering.

(2) Any person shall be guilty of an offence under these

regulations if such person

(a) abandons, drops, dumps or otherwise handles waste

not in accordance with the provisions of these

regulations;

(b) 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

(c) contravenes any restriction, prohibition or requirement

imposed by or under these regulations; or

(d) acts in contravention of any of the provisions of these

regulations; or

(e) 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-five euro

(€1,165.00), but not exceeding two thousand and three

hundred and thirty euro (€2,330.00);

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

fine (multa) of not less than two thousand and three

hundred and thirty euro (€2,330.00), but not exceeding

four thousand and six hundred and sixty euro

(€4,660.00), 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

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.

PART VII

THE WASTE MANAGEMENT FUND

(1)

Under the provisions of sub-article (9) of article

32 of the Act, the competent authority hereby sets up the Waste

Management Fund.

(2) The funds listed in Schedule 11 shall be used at the discretion

of the competent authority for matters related to waste management

including but not limited to incentives, campaigns, plans, surveys,

audits and investigations and as the Minister in consultation with the

Authority may prescribe.

PART VIII

FINAL PROVISIONS

Waste management permits issued under the Waste

Management (Permit and Control) Regulations, 2001, which

regulations are being revoked by these regulations, shall be

construed as valid until their term of expiry or until superseded by a

permit issued under these regulations.