WASTE MANAGEMENT (SHIPMENTS OF WASTE) REGULATIONS

SUBSIDIARY LEGISLATION 549.65

WASTE MANAGEMENT (SHIPMENTS OF WASTE)

REGULATIONS

3rd November, 2011 *

LEGAL NOTICE 285 of 2011, as amended by Legal Notices 440 of 2011

and 194 of 2024.

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

(Shipments of Waste) Regulations.

(2) The scope of these regulations is to transpose the

provisions of Council Regulation (EC) No 1013/2006 on shipments

of waste in order to establish a system of supervision and control of

shipments of waste, so as to guarantee protection of human health

and the environment.

(Regulation 5)

APPLICATION FEES CHARGED BY THE COMPETENT

AUTHORITY

1. For the processing of a written notification by the

c om pe t e n t a ut h o r i ty a s c o m pe t e n t a u th o r i ty o f d i s p a t c h o r

transhipment, a fixed fee of €350 shall apply. Any expenses

relating to shipping of the notification documents by courier to the

competent authorities of transit and destination, and those relating

to the treatment facility in the country of destination, shall be borne

by the notifier.

2. For the processing of a written notification by the

competent authority as competent authority of destination, a fixed

fee of €500 shall apply.

3. For the processing by the competent authority of any

movement document for each container in the shipment in accordance

with Article 4 of Regulation (EC) No 1013/2006 of the European

Parliament and of the Council of 14 June 2006 on shipments of waste,

and for the processing by the competent authority of the document

contained in Annex VII in accordance with Article 18 of the said

Regulation, a fee of thirty-five euro (€35) shall be due to the Authority

whether it is the competent authority of dispatch, of transit or of

destination.

4. For the processing of a written notification by the

competent authority as competent authority of transit, a fixed fee of

€250 should apply.

(1) For the purposes of these regulations, and unless the

context otherwise requires, the following definitions shall apply

"the Act" means the Environment Protection Act;

"application" means the application submitted by any person to

obtain a permit for the importation, transit, transhipment or

exportation of waste;

"authorisation" means any authorisation granted under these

regulations and in relation to authorised providers and services

means a permit, licence, warrant, appointment, concession or any

decision concerning access to a service activity or the exercise

thereof;

"authorised provider" means and includes any person who is a

trader or importer in terms of these regulations and who is in

possession of an authorisation or permit issued in his favour by the

competent authority;

"the Community" means the European Community as established

by the Treaty of the European Union;

"the competent authority" means the Environment and Resources

Authority and such other body or person as the Minister may, by

order in the Gazette prescribe, and such other bodies or persons as

may be designated for different purposes of these regulations;

"competent authority of destination" means the competent

authority which imports waste into its country from the competent

authority of dispatch for trading purposes;

"competent authority of dispatch" means the competent authority

which exports waste from its country to the competent authority of

transit or destination for trading purposes;

"competent authority of transit" means the competent authority

*See regulation 1(3) as originally promulgated, and Lehal Notice 427 of 2011.

which either

(a) imports waste so that it is then transferred or

transhipped to another member state or country of

destination for trading purposes; or

(b) who exports waste after having imported such waste

into its country from the country or competent

authority of dispatch for trading purposes;

" M em b e r St at e " m e an s a st a t e w h i ch i s a m em b e r o f t he

European Union;

"the Minister" means the Minister responsible for the

environment;

"person" means any natural or legal person;

"third country" means a country which is not a member state of

the European Union;

"transhipment of waste" means and includes the activity of

transporting waste by ships or vessels in, within or out of the

Community;

"trade" means, for the purpose of these regulations, trade

between Member States or between a Member State and a third

country in transhipment of waste, a business or occupation to make

profit or gain, and includes dealings in a particular business

activity.

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

assigned to them in regulation 4 of the Waste Regulations.

(1) The provisions contained in Council Regulation (EC)

No 1013/2006 on shipments of waste shall mutatis mutandis apply.

(2) All shipments of waste destined for disposal in Malta shall

be prohibited. Where a notification is submitted to the competent

authority, as a competent authority of destination, regarding a

planned shipment of waste destined for disposal in Malta, the

competent authority shall ipso jure object.

(3) These regulations shall be without prejudice to rights and

obligations under international law and shall apply without

prejudice to the Waste Regulations, and other existing national

legislation which may apply in this regard.

(4) Shipments of CO2 for the purposes of geological storage in

accordance with the Geological Storage of Carbon Dioxide

Regulations.

(1) Applications for a permit for the transhipment of waste

according to these regulations, shall be accompanied by a fee as

may be prescribed by the competent authority set out in the

Schedule.

(2) These regulations shall be without prejudice to rights and

obligations imposed by the competent authority of destination and

the competent authority or authorities of transit.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with or breaches any provisions of

these regulations or fails to comply with permit

conditions or with any order lawfully issued in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or fails to

abide by any requirement imposed by or issued under

these regulations; or

(c) he unlawfully conspires, aids, instigates, or abets, or

attempts to conspire, aid, instigate or abet any other

person, by whatever means, including advertising,

counselling or procurement to contravene any of the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

issued in terms of any such provisions, or to

contravene any restriction, prohibition or to fail to

abide by any requirement imposed by or issued under

the said regulations.

Any person who commits an offence against these

regulations in terms of regulation 5 shall, on conviction, be liable

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

one thousand and one hundred and seventy euro

(€1,170), but not exceeding two thousand and three

hundred and thirty euro (€2,330);

(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), but not exceeding

four thousand and six hundred and sixty euro (€4,660),

or to imprisonment for a term not exceeding two years,

or to both such fine and imprisonment

Provided that, without prejudice to paragraphs (a) and (b),

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, shall be held liable in the same manner

and degree

Provided further, that without prejudice to the penalties for

which the offender may be held liable in terms of this regulation,

the court may order any person who has been found guilty of

committing an offence under these regulations to pay for the

expenses incurred by the competent authority in terms of these

regulations as a result of the said offence, the revocation of the

permit issued by the competent authority and the confiscation of

the corpus delicti, including the vehicle, if the case may be.

(1) Without prejudice to regulation 6, the provisions of

articles 23 and 30 of the Criminal Code shall mutatis mutandis

apply to proceedings in respect of offences committed against these

regulations, so however that the disqualification from holding or

obtaining a licence, permit or authority shall in no case be for less

than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence committed against these

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

the Court of Magistrates (Gozo) both as a court of criminal

judicature, as the case may be, and shall be regulated in accordance

with the provisions of the Criminal Code.

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

Attorney General shall always have a right of appeal before the

Court of Criminal Appeal from any judgment given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) both as a

court of criminal judicature in respect of any proceedings for any

offence committed against these regulations.