WASTE MANAGEMENT (ELECTRICAL AND ELECTRONIC EQUIPMENT) REGULATIONS

SUBSIDIARY LEGISLATION 549.89

WASTE MANAGEMENT (ELECTRICAL AND

ELECTRONIC EQUIPMENT) REGULATIONS

14th February, 2014 *

LEGAL NOTICE 204 of 2014, as amended by Legal Notice 232 of 2015,

148 and 455 of 2021, 200 of 2025 and 163 of 2026.

The title of these regulations is the Waste Management

(Electrical and Electronic Equipment) Regulations.

Added by

(Regulations16 and 23)

L.N. 148 of 2021.

Information in the statement of compliance

The statement of compliance shall contain the following information

name and address of the approved person who is issuing and signing the

certificate;

date of the certificate;

the producer in respect of whom the approved person is issuing the

certificate; and

certification by the approved person as to whether the relevant producer has

complied with his collection, recovery and recycling obligations.

(1) These regulations bring into effect the provisions of

Directive 2012/19/EC of the European Parliament and of the Council of

4 July 2012 on waste electrical and electronic equipment and repealing

Directive 2002/96/EC of the European Parliament and of the Council of

27 January 2003 as amended by Directive (EU) 2018/849 of the

European Parliament and of the Council of 30 May 2018 amending

Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries

and accumulators and waste batteries and accumulators, and 2012/19/

EU on waste electrical and electronic equipment and Directive (EU)

2024/884 of the European parliament and of the Council of 13 March

2024 amending Directive 2012/19/EU on waste electrical and electronic

equipment (WEEE).

(2) These regulations lay down measures to protect the

environment and human health by preventing or reducing the

adverse impacts of the generation and management of waste from

electrical and electronic equipment (WEEE) and by reducing

overall impacts of resource use and improving the efficiency of

such use in accordance with regulation 2(2) and Schedule 5 of the

Wa s t e R e g u l a t i o n s , t h e r e b y c o n t r i b u t i n g t o s u s t a i n a b l e

development.

(3) These regulations shall apply to electrical and electronic

equipment (EEE) as follows

(a) from the coming into force of these regulations until

14 August 2018 subject to sub-regulation (1) of

regulation 4, to EEE falling within the categories set

out in Schedule 1. Schedule 2 contains an indicative

list of EEE which falls within the categories set out in

Schedule 1;

(b) from 15 August 2018, subject to sub-regulations (1)

and (2) of regulation 4, to all EEE. All EEE shall be

classified within the categories set out in Schedule 3.

Schedule 4 contains a non-exhaustive list of EEE

which falls within the categories set out in Schedule 3

(open scope).

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

context of the provisions of the Extended Producer Responsibility

Framework Regulations.

*see regulation 1(2) of these Regulations, as originally promulgated.

Added by

L.N. 148 of 2021.

(regulation 23)

Information to be contained in the half-yearly and annual report

of an authorised waste electrical and electronic equipment collective

organisation

Part A: Environmental Information on the operations of the waste electrical and

electronic equipment collective organisation

Statement of Compliance with the obligations of these regulations;

General details on its ownership and membership;

Quantities of electrical and electronic equipment (EEE) placed on the market

by the members of the producer responsibility organisation;

Quantities of WEEE collected and annual collection rate achieved by the

producer responsibility organisation;

Quantities of WEEE treated and quantities of WEEE recovered, prepared for

reuse and recycled;

The financial contributions paid by the members of the producer

responsibility organisation per tonne of electrical and electronic equipment placed

on the market;

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

The selection procedure for waste management operators;

List on information and awareness campaigns carried out by the producer

responsibility organisation.

Part B: Commercial and other information on the operations of the waste electrical

and electronic equipment collective organisation

List of producers who were members of the producer responsibility

organisation during the reporting period;

Information on the financial guarantee covering the reporting period;

A description of the return, collection and recovery systems used or set up by

the producer responsibility organisation, including details on the collection of

WEEE from private households;

An appropriate description of how the data has been compiled, including any

explanation of any estimates used;

Information on the authorised waste management undertakings or

establishments used during the reporting period for the carrying out of the waste

management operations;

Proof of recovery, preparation for reuse or recycling as well as disposal;

Additional, detailed financial information other than the information

provided under Part A;

Details on information and awareness campaigns carried out by the producer

responsibility organisation.

Schedule 17

Added by

L.N. 163 of 2026.

(regulation 5)

METHODOLOGY FOR THE ESTABLISHMENT OF THE WEEE ALLOCATION

RATIO FOR SUB-CATEGORIES UNDER CATEGORY 1

For sub-categories under category 1, the WEEE allocation ratio shall be

determined by the Authority as follows

(a) until 31st December 2026, the WEEE allocation for sub-categories

under category 1 shall be determined on the basis of the average weight

of EEE under category 1 placed on the market by the members of the

producer responsibility organisations in the three (3) preceding years;

(b) for the period 1st January 2027 to 30th June 2027, the WEEE allocation

for sub-categories under category 1 shall be determined on the basis of

the weight of EEE for each sub-category placed on the market by the

members of the producer responsibility organisations as reported by the

producer responsibility organisations in the half-yearly report covering

the period 1st January 2026 to 30th June 2026;

(c) for the period 1st July 2027 to 31st December 2027, the WEEE

allocation for sub-categories under category 1 shall be determined on

the basis of the weight of EEE for each sub-category placed on the

market by the members of the producer responsibility organisations as

reported by the producer responsibility organisations in the yearly

report covering the period 1 st January 2026 to 31 st December 2026;

(d) for the period 1st January 2028 to 31st December 2028, the WEEE

allocation for sub-categories under category 1 shall be determined on

the basis of the average weight of EEE for each sub-category placed on

the market by the members of the producer responsibility organisations

in the two (2) preceding years;

(e) as from 1st January 2029 and for any subsequent calendar year, the

WEEE allocation for sub-categories under category 1 shall be

determined on the basis of the average weight of EEE for each sub-

category placed on the market by the members of the producer

responsibility organisations in the three (3) preceding years.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Environment Protection Act;

"active implantable medical device" means an active implantable

medical device as defined in regulation 3 of the Active Implantable

Medical Devices Regulations, relating to active implantable

medical devices which is EEE;

"agreement" means the formal agreement concluded between the

competent authority and the economic operators concerned, which

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

the agreement with a view to working towards the objectives of

these regulations;

"authorised waste electrical and electronic equipment collective

organisation" means a producer responsibility organisation as defined

in regulation 3 of the Extended Producer Responsibility Framework

Regulations, as authorised by the competent authority in accordance

with these regulations, whose members, by virtue of these regulations

and their membership of that organisation, are exempt from part of

these regulations;

"the Community" means the European Community;

" t h e c o m p e t e n t a u t h o r i t y " h a s t h e s a m e m e a n i n g a s "t h e

authority" as defined in article 2 of the Act;

"the Directive" means Directive 2012/19/EC of the European

Parliament and of the Council of 4 July 2012 on waste electrical

and electronic equipment and repealing Directive 2002/96/EC of

the European Parliament and of the Council of 27 January 2003;

"distributor" means any natural or legal person in the supply

chain, who makes an EEE available on the market. This definition

does not prevent a distributor from being, at the same time, a

producer within the meaning of the term "producer";

"electrical and electronic equipment" or "EEE" means equipment

which is dependent on electric currents or electromagnetic fields in

order to work properly and equipment for the generation, transfer

and measurement of such currents and fields and designed for use

with a voltage rating not exceeding 1,000 Volts for alternating

current and 1,500 Volts for direct current;

"finance agreement" means any loan, lease, hiring or deferred

sale agreement or arrangement relating to any equipment whether

or not the terms of that agreement or arrangement or any collateral

agreement or arrangement provide that a transfer of ownership of

that equipment will or may take place;

"in vitro diagnostic medical device" means an in vitro diagnostic

device or accessory as defined in regulation 3.1.3 and 3.1.4 of the

In Vitro Diagnostic Medical Devices Regulations, which is EEE;

"large-scale fixed installation" means a large-size combination of

several types of apparatus and, where applicable, other devices,

which

(a) are assembled,

installed

and

de-installed

by

professionals;

(b) are intended to be used permanently as part of a

building or a structure at a pre-defined and dedicated

location; and

(c) can only be replaced by the same specifically designed

equipment;

"large-scale stationary industrial tools" means a large size

assembly of machines, equipment, and, or components, functioning

together for a specific application, permanently installed and de-

installed by professionals at a given place, and used and maintained

by professionals in an industrial manufacturing facility or research

and development facility;

" l o c a l a g e n c y " shall have the same meaning as "entity of

Government" as defined in article 2 of the Act;

"making available on the market" means any supply of a product

for distribution, consumption or use on the market in Malta in the

course of a commercial activity, whether in return for payment or

free of charge;

"medical device" means a medical device or accessory as defined

in regulation 3 of the Medical Devices Regulations, concerning

medical devices which are EEE;

"the Minister" means the Minister responsible for the

environment;

"non-road mobile machinery" means machinery, with onboard

power source, the operation of which requires either mobility or

continuous or semi-continuous movement between a succession of

fixed working locations while working;

"placing on the market" means the first making available of a

product on the market within the territory of Malta on a

professional basis;

"producer" means any natural or legal person who, irrespective

of the selling technique used, including by means of distance

contracts as defined in the Consumer Rights Regulations

(a) is established in Malta and manufactures EEE under

his own name or trademark, or has EEE designed or

manufactured and markets it under his name or

trademark within the territory of Malta;

(b) is established in Malta and resells within the territory

of Malta, under his own name or trademark, equipment

produced by other suppliers, a reseller not being

regarded as the "producer" if the brand of the producer

appears on the equipment, as provided for in paragraph

(a);

(c) is established in Malta and places on the market of

Malta, on a professional basis, EEE from a third

country or from another EU Member State;

(d) sells EEE by means of distance communication

directly to private households or to users other than

private households in Malta and is established in

another EU Member State or third country.

Whoever exclusively provides financing under or pursuant

to any finance agreement shall not be deemed to be a “producer”

unless he also acts as a producer within the meaning of paragraphs

(a) to (d);

"removal" means manual, mechanical, chemical or metallurgic

handling with the result that hazardous substances, mixtures and

components are contained in an identifiable stream or are an

identifiable part of a stream within the treatment process. A

substance, mixture or component is identifiable if it can be

monitored to verify environmentally safe treatment;

"waste electrical and electronic equipment" or "WEEE" means

electrical and electronic equipment which is waste as defined in

regulation 4 of the Waste Regulations, including all components,

sub-assemblies and consumables which are part of the product at

the time of discarding;

"WEEE from private households" means WEEE which comes

from private households and WEEE which comes from

commercial, industrial, institutional and other sources which,

because of its nature and quantity, is similar to that from private

household. Waste from EEE likely to be used by both private

households and users other than private households shall in any

event be considered to be WEEE from private households.

(2) All other terms, including the definitions of "hazardous

waste", "collection", "separate collection", "prevention", "re-use",

"treatment", "recovery", "preparing for re-use", "recycling" and

"disposal" shall have the same meaning as that assigned to them in

regulation 4 of the Waste Regulations.

(1) These regulations shall not apply to any of the

following EEE

(a) equipment which is necessary for the protection of the

essential interests of the security, including arms,

munitions and war material intended for specifically

military purposes;

(b) equipment which is specifically designed and installed

as part of another type of equipment that is excluded

from or does not fall within the scope of these

regulations, which can fulfil its function only if it is

part of that equipment;

(c) filament bulbs.

(2) In addition to the equipment specified in sub-regulation (1),

from 15 August 2018, these regulations shall not apply to the

following EEE

(a) equipment designed to be sent into space;

(b) large-scale stationary industrial tools;

(c) large-scale fixed installations, except any equipment

which is not specifically designed and installed as part

of those installations;

(d) means of transport for persons or goods, excluding

electric two-wheel vehicles which are not type-

approved;

(e) non-road

mobile

machinery

made

available

exclusively for professional use;

(f)

equipment specifically designed solely for the

purposes of research and development that is only

made available on a business-to-business basis;

(g) medical devices and in vitro diagnostic medical

devices, where such devices are expected to be

infective prior to end of life, and active implantable

medical devices.

(3) These regulations shall apply without prejudice to the

requirem ents of Union l eg isl at ion on safet y and health , on

chemicals, in particular Regulation (EC) No 1907/2006 of the

European Parliament and of the Council of 18 December 2006

concerning the Registration, Evaluation, Authorisation and

Restriction of Chemicals (REACH), establishing a European

Chemicals Agency * , as well as of specific Union waste

management or product design legislation.

(1) The competent authority shall adopt appropriate

measures to minimise the disposal of WEEE in the form of

unsorted municipal waste, to ensure the correct treatment of all

collected WEEE and to achieve a high level of separate collection

of WEEE, notably, and as a matter of priority, for temperature

exchange equipment containing ozone-depleting substances and

fluorinated greenhouse gases, fluorescent lamps containing

mercury, photovoltaic panels and small equipment as referred to in

categories 5 and 6 of Schedule 3. Such measures shall include the

following

(a) any person disposing of WEEE in the form of unsorted

municipal waste may be fined in accordance with a

Schedule of Fines to be published by the competent

authority;

(b) producers, authorised representatives, and third parties

are required to carry out information campaigns,

highlighting the importance of separate collection of

WEEE, ensuring the correct treatment of all collected

WEEE;

(c) the competent authority shall ensure the availability

and accessibility of the necessary collection facilities,

taking into account, in particular, the population

density, which measures include the availability of

civic amenity sites.

(2) For WEEE from private households, the producers,

authorised representatives, or third parties shall ensure that

(a) systems are set up allowing final holders and

distributors to return such waste at least free of charge;

*

OJ L 396, 30.12.2006, p. 1.

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

(b) when supplying a new product, distributors are

responsible for ensuring that such waste can be

returned to the distributor at least free of charge on a

one-to-one basis as long as the equipment is of

equivalent type and has fulfilled the same functions as

the supplied equipment;

(c) distributors provide for the collection, at retail shops

with sales areas relating to EEE of at least 400m 2 , or in

their immediate proximity, of very small WEEE (no

external dimension more than 25cm) free of charge to

end-users and with no obligation to buy EEE of an

equivalent type. WEEE collected shall be properly

treated in accordance with regulation 8;

(d) without prejudice to paragraphs (a), (b) and (c),

producers are allowed to set up and to operate

individual and, or collective take-back systems for

WEEE from private households provided that these are

in line with the objectives of these regulations;

(e) having regard to national and Union health and safety

standards, WEEE that presents a health and safety risk

to personnel because of contamination may be refused

for return under paragraphs (a), (b) and (c). The last

holder of the WEEE shall make specific arrangements

for the safe handling by personnel for such WEEE.

With reference to the return of WEEE pursuant to

paragraphs (a), (b) and (c) for cases in which the equipment does

not contain its essential components, where such equipment

contains waste other than WEEE, the return thereof may be refused.

(3) The competent authority may designate the operators that

are allowed to collect WEEE from private households as referred to

in sub-regulation (2).

(4) WEEE collected through systems funded by Local Councils

or by any other local agency, shall be deposited at facilities

operated by a local agency designated by the Minister and shall

thereafter be handed over to authorised waste electrical and electronic

equipment collective organisation

(a) at a price that shall reflect the total cost recovery of

collection and storage up to the point of take-over by

the respective producer responsibility organisation,

which price shall be subject to the scrutiny and

approval of the Minster; and

(b) shall be proportionately distributed by the local agency,

by category, amongst the authorised waste electrical and

electronic equipment collective organisations on the basis

of the average weight of EEE placed on the market by the

members of the producer responsibility organisations in

the three preceding years, as shall be determined by the

competent authority

Provided that for temperature exchange equipment

falling within category 1 of Schedule 3, the allocation

shall be proportionally distributed according to the

following sub-categories on the basis of the

methodology established in Schedule 17

(a)

refrigerators, freezers and

equipment

which automatically delivers cold products;

(b)

air conditioning equipment; and

(c)

other temperature exchange equipment.

Wi t h r e f e r e n c e t o t h e d i s t r i b u t i o n o f W E E E p u r s u a n t t o

paragraphs (a) and (b), an authorised WEEE collective organisation

shall collect the share of the WEEE allocated to it within six

months of notification by the local agency

Provided that where the producer responsibility organisation

fails to comply with such date, the local agency may treat such

WEEE at the expense of the producer responsibility organisation

subject to the Minister’s approval.

(5) In the case of WEEE, other than WEEE from private

households, and without prejudice to regulation 13, producers or

third parties acting on their behalf shall provide for the collection

of such waste.

(6) Producers, or authorised WEEE collective organisations acting

on their behalf, shall ensure continuity of waste management services

throughout the year, even if the collection targets laid down in

regulation 7(1) are achieved.

(1) The competent authority shall prohibit the disposal of

separately collected WEEE which has not yet undergone the

treatment specified in regulation 8.

(2) The competent authority shall ensure that the collection and

transport of separately collected WEEE is carried out in a way

which allows optimal conditions for preparing for re-use, recycling

and the confinement of hazardous substance.

In order to maximise preparing for re-use, the competent

authority shall promote that, prior to any further transfer, collection

producer responsibility organisations or facilities provide, where

appropriate, for the separation at the collection points of WEEE

that is to be prepared for re-use from other separately collected

WEEE, in particular by granting access for personnel from re-use

centres.

(1) Without prejudice to regulation 5(1), the competent

authority shall ensure the implementation of the "producer

responsibility" principle and, on that basis, that a minimum

collection rate is achieved annually. Producers, or third parties

acting on their behalf, shall take the necessary measures to achieve

the following minimum collection targets, which collection rates

shall be calculated on the basis of the total weight of WEEE

collected in accordance with regulations 5 and 6 in a given year

within Malta, expressed as a percentage of the average weight of

EEE placed on the market in the three preceding years within

Malta, as follows

(a) 42% for the year 2016;

(b) 45% for the year 2017;

(c) 50% for the year 2018;

(d) 55% for the year 2019;

(e) 60% for the year 2020; and

(f)

65% for the year 2021.

Until 31 December 2015, a rate of separate collection of at

least 4 kilograms on average per inhabitant per year of WEEE from

private households or the same amount of weight of WEEE as was

collected in Malta on average in the three preceding years,

whichever is greater, shall continue to apply.

(2) In order to establish whether the minimum collection rate

has been achieved, the competent authority shall ensure that

information concerning the WEEE that is separately collected in

accordance with regulation 5 is transmitted to the competent

authority free of charge, including at least information on WEEE

that has been

(a) received by collection and treatment facilities;

(b) received by distributors;

(c) separately collected by producers or third parties

acting on their behalf.

(1) The competent authority shall ensure that all separately

collected WEEE undergoes proper treatment.

(2) Proper treatment, other than preparing for re-use, and

recovery or recycling operations shall, as a minimum, include the

removal of all fluids and a selective treatment in accordance with

Schedule 7.

(3) The competent authority shall ensure that producers or third

parties acting on their behalf set up systems to provide for the

recovery of WEEE using best available techniques. The systems

may be set up by producers or authorised representatives appointed

in accordance with regulation 17 individually or collectively,

The competent authority shall ensure that any

establishment or undertaking carrying out collection or treatment

operations stores and treats WEEE in compliance with the technical

requirements set out in Schedule 8.

(4) For the purposes of environmental protection, the

competent authority may set up minimum quality standards for the

treatment of the WEEE that has been collected.

(5) The competent authority shall encourage establishments or

undertakings which carry out treatment operations to introduce

certified environmental management systems in accordance with

Regulation (EC) No 1221/2009 of the European Parliament and of

the Council of 25 November 2009 on the voluntary participation by

organisations in a Community eco-management and audit scheme

(EMAS) * .

(1)For waste electrical and electronic equipment treated in

Malta, it shall be the duty of the self-compliant producer or the

waste electrical and electronic equipment collective organisation to

acquire a signed declaration from local waste management

undertakings or establishments, authorised by the competent

authority according to the Waste Regulations indicating

(a) the actual rate that has been recovered, prepared for

reuse, recycled and, or disposed; and

(b) that the waste electrical and electronic equipment has

been recovered or disposed of in an environmentally

sound manner.

(2)

For waste electrical and electronic equipment exported for

further treatment, it shall be the duty of the self-compliant producer or

the waste electrical and electronic equipment collective organisation

to acquire a signed declaration issued by the foreign waste

management undertaking or establishment handling the waste

electrical and electronic equipment indicating

(a)

the actual rate that has been recovered, prepared

for re-use, recycled and, or disposed by the facility in the

Member State or third country; and

(b)

that the waste electrical and electronic

equipment has been recovered or disposed of in an

environmentally sound manner.

(3)

Without prejudice to commercial and industrial

confidentiality, if a self-compliant producer or a waste electrical and

electronic equipment collective organisation engages the services of

an authorised waste management undertaking or establishment to

export waste electrical and electronic equipment for further treatment,

then such undertaking or establishment is to provide the information

referred to in sub-regulation (2) to the self-compliant producer or the

waste electrical and electronic equipment collective organisation.

(4) Waste electrical and electronic equipment treated locally or

abroad shall only count towards the fulfilment of the recovery targets

set out in regulation 11 and Schedule 5, if the self-compliant producers

or the waste electrical and electronic equipmen t collective

organisation present the documentation referred to in sub-regulations

(1), (2) or (3) to the competent authority.

(1) The competent authority shall ensure that any

establishment or undertaking carrying out treatment operations

obtains a permit from the competent authorities in compliance with

regulations 19 to 24 of the Waste Regulations.

* OJ L 342, 22.12.2009, p. 1.

(2) Exemptions from permit requirements, conditions for

exemptions and registration shall be in compliance, respectively,

with regulations 26 and 27 of the Waste Regulations.

(3) The competent authority shall ensure that the permit or the

registration referred to in sub-regulations (1) and (2) includes all

the conditions that are necessary for compliance with the

requirements of regulation 8(2) and (3) and for the achievement of

the recovery targets set out in regulation 11.

(1) The treatment operation may also be undertaken

outside Malta provided that the shipment of WEEE is in

compliance with Regulation (EC) No 1013/2006 and Commission

Regulation (EC) No 1418/2007 of 29 November 2007 concerning

the export for recovery of certain waste listed in Annex III or IIIA

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

of the Council to certain countries to which the OECD Decision on

the control of transboundary movements of wastes does not apply * .

(2) WEEE exported out of Malta shall only count towards the

fulfilment of obligations and targets set out in regulation 11 if, in

compliance with Regulation (EC) No 1013/2006 and (EC) No

1418/2007, the exporter can prove that the treatment took place in

condi tions that are equiv al ent to the req uirements of these

regulations.

(1) Regarding all WEEE separately collected in

accordance with regulation 5 and sent for treatment in accordance

with regulations 8, 9 and 10, producers or third parties acting on

their behalf or on behalf of authorised representatives shall achieve

the minimum targets set out Schedule 5.

(2) The achievement of the targets shall be calculated, for each

category, by dividing the weight of the WEEE that enters the

recovery or recycling/preparing for re-use facility, after proper

treatment in accordance with regulation 8(2) with regard to

recovery or recycling, by the weight of all separately collected

WEEE for each category, expressed as a percentage.

Preliminary activities including sorting and storage prior to

recovery shall not count towards the achievement of these targets.

(3) The competent authority shall ensure that, for the purpose

of calculating these targets, producers or third parties acting on

their behalf or on behalf of authorised representatives shall keep

records on the weight of WEEE, its components, materials or

substances when leaving (output) the collection facility, entering

(input) and leaving (output) the treatment facilities and when

entering (input) the recovery or recycling/preparing the re-use

facility.

The competent authority shall also ensure that records on

the weight of products and materials when leaving (output) the

recovery or recycling/preparing for re-use facility are kept.

(4)

The competent authority shall encourage the development

*

OJ L 316, 4,12,2007, p. 6

of new recovery, recycling and treatment technologies.

(1) Each producer or authorised representative appointed

under regulation 17 shall provide for the financing of the

collection, treatment, recovery and environmentally sound disposal

of WEEE from private households that has been deposited at

collection facilities either set up under regulation 5(2) or operated

by either Local Councils or by any other local agency as follows

(a) for WEEE resulting from EEE referred to in paragraph

(a) of sub-regulation (3) of regulation 2, other than

photovoltaic panels, where such EEE was placed on

the market after 13 August 2005;

(b) for WEEE resulting from photovoltaic panels where

such photovoltaic panels were placed on the market

from 13 August 2012;

(c) for WEEE resulting from EEE referred to in paragraph

(b) of sub-regulation (3) of regulation 2 and which does

not fall within the scope of paragraph (a) of such sub-

regulation, where such EEE was placed on the market

from 15 August 2018.

(2) Each producer or authorised representative appointed under

regulation 17 shall also provide for the costs occurring for

collection of WEEE from private households to collection facilities

of the relevant amount of returned WEEE not deposited at a

designated collection facility, such that the stipulated collection

targets are achieved.

(3) Each producer or authorised representative appointed under

regulation 17 shall be responsible for financing the operations referred

to in sub-regulation (1) relating to the waste from his own products.

The producer or authorised representative appointed under regulation

17 may choose to fulfil all the obligations either individually or by

joining a producer responsibility organisation.

(4) The responsibility for the financing of the costs of the

management of WEEE from products referred to in paragraph (a) of

sub-regulation (3) of regulation 2, other than photovoltaic panels,

placed on the market on or before 13 August 2005 (‘historical

waste’) shall be borne by one or more systems to which all

producers or authorised representatives existing on the market

when the respective costs occur contribute proportionately, e.g. in

proportion to their respective share of the market by type of

equipment.

(5) The competent authority shall take necessary measures to

ensure that appropriate mechanisms or refund procedures are

developed for the reimbursement of contributions to the producers

or authorised representatives where EEE is transferred for placing

on the market outside the territory of Malta. Such mechanisms or

procedures may be developed by producers or third parties acting

on their behalf or on behalf of authorised representatives.

(1) The financing of the costs for the collection, treatment,

recovery and environmentally sound disposal of WEEE from users

other than private households is to be provided for by producers or

authorised representatives appointed under regulation 17 as

follows

(a) for WEEE resulting from EEE referred to in paragraph

(a) of sub-regulation (3) of regulation 2, other than

photovoltaic panels, where such EEE was placed on

the market after 13 August 2005;

(b) for WEEE resulting from photovoltaic panels where

such photovoltaic panels were placed on the market

from 13 August 2012;

(c) for WEEE resulting from EEE referred to in paragraph

(b) of sub-regulation (3) of regulation 2, which does

not fall within the scope of paragraph (a) of such sub-

regulation, where such EEE was placed on the market

from 15 August 2018

Provided that for historical waste from EEE referred to in

paragraph (a) of sub-regulation (3) of regulation 2, other than

photovoltaic panels being replaced by new equivalent products or

by new products fulfilling the same function, the financing of the

costs of such products shall be provided for by producers or

authorised representatives appointed under regulation 17 when

supplying them

Provided further that for other historical waste from EEE

referred to in paragraph (a) of sub-regulation (3) of regulation 2, other

than photovoltaic panels, the financing of the costs shall be provided

for by the users other than private households.

(2) Producers and users other than private households may,

without prejudice to these regulations, conclude agreements

stipulating other financing methods. The competent authority is to

be informed if such agreements are concluded.

(1) Each producer or authorised representative shall

provide a guarantee when placing a product on the market showing

that the management of all WEEE will be financed. This guarantee

shall ensure that operations referred to in regulations 12(1) and

13(1) relating to his product will be financed.

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

the satisfaction of the competent authority and shall take the form

of a recycling insurance or a blocked bank account and shall be

submitted to the competent authority upon registration or renewal

with the competent authority pursuant to regulation 16. The

blocked bank account for a producer or an authorized

representative shall take the form of a bank guarantee according to

the rates prescribed in Schedule 13.

(3) A producer or an authorized representative shall be exempt

from sub-regulation (2) if he is a member of a waste electrical and

electronic compliance scheme.

(4) The recycling insurance referred to in sub-regulation (2)

shall cover at least all of the costs of the collection, treatment,

recovery and environmentally sound disposal of WEEE that will

arise from the electrical and electronic equipment placed on the

market in Malta by the producer, for a period of not less than the life

of the product

Provided that the competent authority may stipulate

additional measures to be covered by the aforementioned

insurance.

(5) In cases where a producer or an authorised representative

acting as a self-compliant producer fails to achieve the obligations

pursuant to regulations 12(1) and 13(1), the competent authority shall

seize the financial guarantee to finance the operations related to the

management of WEEE that has not been collected, treated, recovered

and disposed of in an environmentally sound manner by such producer

or authorised representative.

(6) Without prejudice to sub-regulation (1), in the event that

the business of a producer or authorised representative -

(a) ceases to trade, or

(b) goes into liquidation,

the financial guarantee provided for in sub-regulation (2) shall not

be used by any person or persons, including the liquidator,

concerned for any purpose, including the discharge of liabilities to

creditors, whether secured creditors, preferential creditors,

creditors claiming under retention of title, creditors with claims

supported by guarantees or indemnities, ordinary creditors or,

subordinated creditors, other than for fulfilling the obligations of

the producer concerned as laid down in regulations 12(1) and 13(1).

(1) A producer or an authorised representative shall

ensure that users of EEE in private households are given the

necessary information about

(a) the requirement not to dispose of WEEE as unsorted

municipal waste and to collect such WEEE separately;

(b) the return and collection systems available to them,

encouraging the coordination of information on the

available collection points irrespective of the

producers or other operators which have set them up;

(c) their role in contributing to re-use, recycling and other

forms of recovery of WEEE;

(d) the potential effects on the environment and human

health as a result of the presence of hazardous

substances in EEE.

(2) A producer or an authorised representative shall ensure that

consumers participate in the collection of WEEE and to encourage

them to facilitate the process of re-use, treatment and recovery.

This information shall be provided by the producer or an authorised

representative and, or distributor e.g. in the instructions for use, at

the point of sale and through public awareness campaigns.

In order to facilitate the preparation for re-use and the

correct and environmentally sound treatment of WEEE, including

maintenance, upgrade, refurbishment and recycling, the competent

authority shall take the necessary measures to ensure that producers

provide information free of charge about preparation for re-use and

treatment in respect of each type of new EEE placed for the first

time on the market in the European Union within one year after the

equipment is placed on the market. This information shall identify,

as far as it is needed by centres which prepare for re-use and

treatment and recycling facilities in order to comply with the

provisions of these regulations, the different EEE components and

materials, as well as the location of dangerous substances and

mixtures in EEE. It shall be made available to centres which

prepare for re-use and treatment and recycling facilities by

producers of EEE in the form of manuals or by means of electronic

media (e.g. CD-ROM, online services).

In order to contribute to the objectives laid down in these

regulations, the Minister may make use of economic instruments and

other measures to provide incentives for the application of the waste

hierarchy, such as those indicated in Schedule 12 of the Waste

Regulations or other appropriate instruments and measures.

(1) The competent authority shall, in accordance with sub-

regulation (2), draw up and make available a register of producers,

including producers supplying EEE by means of distance

communication. That register shall include the collection of

information, including substantiated estimates, on an annual basis,

on the quantities and categories of EEE placed on their markets,

collected through all routes, prepared for re-use, recycled and

recovered within Malta, and on separately collected WEEE

exported, by weight, to serve to monitor compliance with the

requirements of these regulations.

Producers supplying EEE by means of distance

communication as defined in the definition for "producer" in

regulation 3 shall be registered in Malta, if they sell locally, or shall

be registered through their authorized representative according to

regulation 17(2).

Links to other national registers in all Member States are to

be provided on the competent authority’s website to facilitate

registration of producers or authorised representatives where

appointed under regulation 17.

(2) Producers or authorised representatives appointed under

r e g u la t i on 1 7 s h a l l , u p o n p l a c i n g e l e c t r i c a l a n d e l e c t r o n ic

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

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

be provided with a registration number upon registration.

(3) Producers or authorised representatives registered under

sub-regulation (2) shall renew their registration on an annual basis

with the competent authority by the 31st March of each year

Provided that as from 1 April of each year the competent

authority shall accept renewals until the end of the year at an

additional fee of twenty euro (€20) per month or part thereof of the

fee/s prescribed in Schedule 12.

(4) An application for registration by producers or authorised

representatives appointed under regulation 17 shall contain the

information set out in Part A of Schedule 9 and that for renewal

shall contain at least the reporting information set out in Part B of

Schedule 9.

Furthermore, an application for registration or renewal by a

producer or an authorised representative appointed under

regulation 17 shall

(a) be made either online or in writing; and

(b) be accompanied by a fee as prescribed in Schedule 12.

(5) When a producer ceases to place electrical and electronic

equipment on the market, the producer shall apply for deregistration

with the competent authority in accordance with the relevant

administrative procedure prescribed by the Authority.

(6) In the case the data submitted by the producer or an

authorised representative in accordance with Schedule 9 changes,

the said producer shall inform the competent authority thereof no

later than one month after the change.

(7) The competent authority shall confirm receipt of a

p r o d u c e r ’s o r a u t h o r i s e d r e p r e s e n t a t i v e ’s a p p l i c a t i o n f o r

registration in writing within twenty working days of receipt and

shall process that application within twenty working days of

confirming receipt.

(8) Without

prejudice

to

commercial

and

industrial

confidentiality, the information referred to in sub-regulation (4) shall

be made available in accordance with the Freedom of Access to

Information on the Environment Regulations.

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

require a register maintained by the competent authority to contain

information relating to any criminal proceedings (including

prospective proceedings) or to anything which is the subject matter

of such proceedings, at any time before those proceedings are

finally disposed of.

(10) Nothing in this regulation shall require a register

maintained by the competent authority to contain any information

which has been superseded by later information after four years

have elapsed from that later information being entered in the

register.

(11) Without prejudice to regulation 27, as from 1 September

2015

(a) any producer or authorised representative who fails to

apply for registration in accordance to sub-regulation

(2) shall, on conviction, be liable to a fine of seven

hundred and fifty euro (€750) per tonne of EEE placed

on the market from the first placing of EEE on the

market until he applies for registration; and

(b) any producer or authorised representative who fails to

renew his registration by the end of the year in

accordance to sub-regulation (3) shall, on conviction,

be liable to a fine of seven hundred and fifty euro

(€750) per tonne of EEE placed on the market from the

beginning of the year in which he should have renewed

until he applies for renewal.

(12) It shall be the responsibility of a registered producer to

retain for a minimum of five (5) years the information referred to in

sub-regulation (4). Such records shall be made available on request

to the competent authority.

(13) A self-compliant producer shall submit to the competent

authority a statement of compliance in respect of his collection,

recovery and recycling obligations in accordance with regulations 7

and 11, upon applying to renew his registration according to sub-

regulation (3).

The provisions of Schedule 16 shall apply as regards the

information to be contained in the statement of compliance.

(1) A producer other than a producer who sells EEE by

means of distance communication directly to private households or

to users other than private households in Malta, and is established

in another Member State or third country may, by way of exception

to regulation 3(1), appoint a legal or natural person established in

Malta as the authorised representative that is responsible for

fulfilling the obligations of that producer, pursuant to these

regulations in Malta.

(2) A producer who sells EEE by means of distance

communication directly to private households or to users other than

private households in Malta shall appoint an authorised

representative in Malta as the person responsible for fulfilling the

obligations in Malta of that producer, pursuant to these regulations,

for the EEE being sold on the territory of Malta.

(3) A producer who is established in Malta and who places

EEE on the market in any Member State other than Malta by means

of distance communication shall comply with the obligations under

the Directive in that Member State.

(4) Appointment of an authorised representative shall be by

written mandate by means of a declaration as set out in Schedule

11. (5) Where the provisions of sub-regulation (2) are not complied

with, the EEE introduced into the Customs territory of Malta may

be seized until that producer complies with the provisions of this

regulation.

The competent authority shall ensure cooperation with

competent authorities of other EU Member States for implementing

the Directive, in particular to establish an adequate flow of

information to ensure that producers comply with the provisions of

the Directive and, where appropriate, provide each other and the

Commission with information in order to facilitate the proper

implementation of the Directive. The administrative cooperation

and exchange of information, in particular between national

registers, shall include electronic means of communication.

The competent authority shall grant access to the competent

authority of other EU Member States to the relevant documents and

information including the results of any inspections, subject to the

provisions of the data protection law in force.

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

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

remaining responsible for electrical and electronic equipment in

respect of which he has made an application to register under

regulation 16, unless he is able to demonstrate to the competent

authority that the person to whom the transfer has been made has

agreed to meet the producer’s obligations in respect of any such

electrical and electronic equipment under these regulations.

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

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

purposes of these regulations, and that person shall

(a) apply to the competent authority for registration under

regulation 16; and

(b) undertake to meet the stipulated targets in regulations

7 and 11.

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

satisfying the provisions of these regulations, economic operators

may be parties to agreements with the competent authority.

(2) Such agreements shall specify the detailed rules of

implementation of these regulations. Moreover, these agreements -

(a) shall be enforceable at law;

(b) shall specify the objectives with the corresponding

deadlines;

(c) shall be published in the Gazette;

(d) shall have the results achieved under them monitored

regularly, reported to the competent authority and

made available to the public under the conditions set

out in the agreement;

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

terms of provisions to be made by the competent

authority.

(1) Without prejudice to the Waste Regulations, any person

who intends to operate a waste electrical and electronic equipment

collective organisation as required under these regulations, including

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

waste electrical and electronic equipment, on behalf of producers,

shall require and obtain a valid permit from the competent authority.

(2) Without prejudice to the Waste Regulations, in applying for

such a permit, any such person shall provide the competent

authority with the following information as applicable

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

(a) a copy of

the

Memorandum

and

Articles

of

Association;

(b) a copy of a valid development permit issued under the

Development Planning Act;

(c) a description of the proposed system which will

provide for the collection, treatment and recycling of

waste electrical and electronic equipment in

accordance with the provisions of these regulations;

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

responsibility organisation;

(e) the annual weights of waste electrical and electronic

equipment in each category to be collected, treated and

recycled;

(f)

the annual stipulated targets to be achieved under the

proposed producer responsibility organisation;

(g) proposals for determining and verifying the level of

collection, recovery and recycling of waste electrical

and electronic equipment have been met under the

proposed

producer

responsibility

organisation,

including estimations and assumptions to be made in

this process;

(h) proposals for the certification of producers who will

make use of the proposed producer responsibility

organisation;

(i)

proposals of how the information under the provisions

of these regulations will be compiled and made

available to the competent authority;

(j)

any other relevant information requested by the

competent authority.

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

such information shall be made available.

(4) A WEEE collective organisation shall, upon being granted

a permit or a renewal of its permit, be required to submit a bank

guarantee in accordance with Schedule 14 to ensure compliance

with the conditions of the permit and these regulations

Provided that a newly established WEEE collective

organisation shall not be required to submit a bank guarantee during its

first operational year.

(5) The competent authority shall make any non-confidential

information available in accordance with the Freedom of Access to

Information on the Environment Regulations.

(1)

A producer shall be exempt from part of these

regulations provided he is a member of an authorised waste electrical

and electronic equipment collective organisation.

(2) A producer, who opts to participate in an authorised waste

electrical and electronic equipment collective organisation shall, upon

request by the competent authority, submit a copy of the signed

agreement with the operator of the authorised waste electrical and

electronic equipment collective organisation.

(1)

The operator of a waste electrical and electronic

equipment collective organisation, authorised according to regulation

21, shall

(a)

bind himself to carry out the activities agreed to

and on behalf of the producer in accordance with any existing

laws and regulations, as well as all the conditions in the permit

issued by the competent authority;

(b)

provide the competent authority by 31 March of

each year with the required information in respect of electrical

and electronic equipment placed on the market by each

producer participating in the producer responsibility

organisation, in the previous year;

(c)

provide the competent authority with a statement

of compliance by 31 March each year in respect of the

collection, recovery and recycling obligations in accordance

with regulations 7 and 11. The provisions of Schedule 15 shall

apply as regards the information to be contained in the

statement of compliance.

(2)

The authorised waste electrical and electronic equipment

collective organisation shall submit a half-yearly report to the

competent authority within three (3) months following the end of that

period, whereas an annual report shall be submitted to the competent

authority within four (4) months of the closing of the year.

The half-yearly and annual reports shall contain at least the

information set out in Part A and Part B of Schedule 16 together with

any other information as specified in the authorisation issued by the

competent authority.

(3)

Without prejudice to commercial and industrial

confidentiality, a digital copy of the half-yearly and annual reports

referred to in sub-regulation (2) shall be made available in accordance

with the Freedom of Access to Information on the Environment

Regulations

Provided that only the information relating to Part A of

Schedule 16 shall be made available.

(4) It shall be the responsibility of an authorised waste electrical

and electronic equipment collective organisation to retain for a

minimum of five (5) years the information referred to in sub-

regulations (1) and (2). Such records shall be made available on

request to the competent authority.

(1) The producers or authorised representatives as self-

compliant producers, or authorised waste electrical and electronic

equipment collective organisations shall use the services of an

independent auditor, approved by the competent authority, to

certify all of the information reported to the competent authority.

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

required to certify that all the information reported to the

competent authority is in conformity with the obligations of these

regulations.Self-compliant producers shall submit the audit report

upon applying to renew their registration according to regulation 16(3)

together with the information referred to in regulation 16(4).

(3) In the case of an authorised waste electrical and electronic

equipment collective organisation, the auditor shall be required to

certify that all of the information reported to the competent authority is

in conformity with the obligations of these regulations and is as

specified in the permit issued by the competent authority. The

authorised waste electrical and electronic equipment collective

organisation shall submit the audit report together with the annual

report referred to in regulation 23(2).

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

authorised waste electrical and electronic equipment collective

organisations shall ensure that a sound auditing procedure for

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

electrical and electronic equipment managed.

(1) Appropriate inspections and monitoring to verify the

proper implementation of these regulations shall be carried out.

Those inspections shall at least cover

(a) information reported in the framework of the register

of producers;

(b) shipments, in particular exports of WEEE outside the

Union in compliance with Regulation (EC) No 1013/

2006 and Regulation (EC) No 1418/2007; and

(c) the operations at treatment facilities in accordance

with the Waste Regulations, and Schedule 7 of these

regulations.

(2) The competent authority shall ensure that shipments of used

EEE suspected to be WEEE are carried out in accordance with the

minimum requirements in Schedule 6 and shall monitor such

shipments accordingly.

(3) The costs of appropriate analyses and inspections,

including storage costs, of used EEE suspected to be WEEE shall

be charged to the producers, to third parties acting on their behalf

or to other persons arranging the shipment of used EEE suspected

to be WEEE.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provisions of these

regulations or fails to comply with permit conditions

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

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

these regulations; or

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

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provisions of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

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

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69), but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second conviction or subsequent convictions, to a

fine (multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75), or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, shall be

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.

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

Schedule 1

(Regulation 2(3)(a))

Categories of EEE covered by these regulations during the transitional period as

provided for in regulation 2(3)(a)

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment and photovoltaic panels

5. Lighting equipment

6. Electrical and electronic tools (with the exception of large-scale stationary

industrial tools)

7. Toys, leisure and sports equipment

8. Medical devices (with the exception of all implanted and infected products)

9. Monitoring and control instruments

10. Automatic dispensers

Schedule 2

(Regulation 2(3)(a))

Indicative list of EEE which falls within the categories of Schedule 1

1. LARGE HOUSEHOLD APPLIANCES

Large cooling appliances

Refrigerators

Freezers

Other large appliances used for refrigeration, conservation and storage of

food

Washing machines

Clothes dryers

Dish washing machines

Cookers

Electric stoves

Electric hot plates

Microwaves

Other large appliances used for cooking and other processing of food

Electric heating appliances

Electric radiators

Other large appliances for heating rooms, beds, seating furniture

Electric fans

Air conditioner appliances

Other fanning, exhaust ventilation and conditioning equipment

2. SMALL HOUSEHOLD APPLIANCES

Vacuum cleaners

Carpet sweepers

Other appliances for cleaning

Appliances used for sewing, knitting, weaving and other processing for

textiles

Irons and other appliances for ironing, mangling and other care of clothing

Toasters

Fryers

Grinders, coffee machines and equipment for opening or sealing containers

or packages

Electric knives

Appliances for hair cutting, hair drying, tooth brushing, shaving, massage

and other body care appliances

Clocks, watches and equipment for the purpose of measuring, indicating or

registering time

Scales

3. IT AND TELECOMMUNICATIONS EQUIPMENT

Centralised data processing

Mainframes

Minicomputers

Printer units

Personal computing

Personal computers (CPU, mouse, screen and keyboard included)

Laptop computers (CPU, mouse, screen and keyboard included)

Notebook computers

Notepad computers

Printers

Copying equipment

Electrical and electronic typewriters

Pocket and desk calculators

and other products and equipment for the collection, storage, processing,

presentation or communication of information by electronic means

User terminals and systems

Facsimile machine (fax)

Telex

Telephones

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

Pay telephones

Cordless telephones

Cellular telephones

Answering systems

and other products or equipment of transmitting sound, images or other

information by telecommunications.

4. CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS

Radio sets

Television sets

Video cameras

Video recorders

Hi-fi recorders

Audio amplifiers

Musical instruments

and other products or equipment for the purpose of recording or reproducing

sound or images, including signals or other technologies for the distribution

of sound and image than by telecommunications

Photovoltaic panels

5. LIGHTING EQUIPMENT

Luminaires for fluorescent lamps with the exception of luminaries in

households

Straight fluorescent lamps

Compact fluorescent lamps

High intensity discharge lamps, including pressure sodium lamps and metal

halide lamps

Low pressure sodium lamps

Other lighting or equipment for the purpose of spreading or controlling light

with the exception of filament bulbs

6. ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF

LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)

Drills

Saws

Sewing machines

Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing,

drilling, making holes, punching, folding, bending or similar processing of

wood, metal and other materials

Tools for riveting, nailing or screwing or removing rivets, nails, screws or

similar uses

Tools for welding, soldering or similar use

Equipment for spraying, spreading, dispersing or other treatment of liquid or

gaseous substances by other means

Tools for moving or other gardening activities

7. TOYS, LEISURE AND SPORTS EQUIPMENT

Electric trains or car racing sets

Hand-held video game consoles

Video games

Computers for biking, diving, running, rowing, etc.

Sports equipment with electric or electronic equipment

Coin slot machines

8. MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED

AND INFECTED PRODUCTS)

Radiotherapy equipment

Cardiology equipment

Dialysis equipment

Pulmonary ventilators

Nuclear medicine equipment

Laboratory equipment for in vitro diagnosis

Analysers

Freezers

Fertilization tests

Other appliances for detecting, preventing, monitoring, treating, alleviating

illness, injury or disability

9. MONITORING AND CONTROL INSTRUMENTS

Smoke detector

Heating regulators

Thermostats

Measuring, weighing or adjusting appliances for household or as a

laboratory equipment

Other monitoring and control instruments used in industrial installations

(e.g. in control panels)

10. AUTOMATIC DISPENSERS

Automatic dispensers for hot drinks

Automatic dispensers for hot or cold bottles or cans

Automatic dispensers for solid products

Automatic dispensers for money

All appliances which deliver automatically all kinds of products

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

Schedule 3

(Regulation 2(3)(b))

Categories of EEE covered by these regulations

1. Temperature exchange equipment

2. Screens, monitors, and equipment containing screens having a surface

greater than 100cm 2

3. Lamps

4. Large equipment (any external dimension more than 50cm) including, but

not limited to

Household appliances; IT and telecommunication equipment; consumer

equipment; luminaires; equipment reproducing sound or images, musical

equipm ent ; el ectrical and electroni c t ools; toys, leisure and s ports

equipment; medical devices; monitoring and control instruments; automatic

dispensers; equipment for the generation of electric currents. This category

does not include equipment included in categories 1 to 3.

5. Small equipment (no external dimension more than 50cm) including, but not

limited to

Household appliances; consumer equipment; luminaries; equipment

reproducing sound or images, musical equipment; electrical and electronic

tools; toys, leisure and sports equipment; medical devices; monitoring and

control instruments; automatic dispensers; equipment for the generation of

electric currents. This category does not include equipment included in

categories 1 to 3 and 6.

6. Small IT and telecommunication equipment (no external dimension more

than 50cm)

Schedule 4

(Regulation 2(3)(b))

Non-exhaustive list of EEE which falls within the categories

listed in Schedule 3

1. TEMPERATURE EXCHANGE EQUIPMENT

Refrigerators, Freezers, Equipment which automatically delivers cold

products. Air conditioning equipment, Dehumidifying equipment, Heat

pumps, Radiators containing oil and other temperature exchange equipment

using fluids other than water for the temperature exchange.

2. SCREENS, MONITORS, AND EQUIPMENT CONTAINING SCREENS

HAVING A SURFACE GREATER THAN 100 CM 2

Screens, Televisions, LCD photo frames, Monitors, Laptops, Notebooks.

3. LAMPS

Straight fluorescent lamps, Compact fluorescent lamps, Fluorescent lamps,

High intensity discharge lamps – including pressure sodium lamps and metal

halide lamps, Low pressure sodium lamps, LED.

4. LARGE EQUIPMENT

Washing machines, Clothes dryers, Dish washing machines, Electric stoves,

Electric hot plates, Luminaires, Equipment reproducing sound or images,

M u s i c a l e q u i p m e n t ( e x c l u d i n g p i p e o rg a n s i n s t a l l e d i n c h u r c h e s ) ,

Appliances for knitting and weaving, Large computer-mainframes, large

printing machines, Copying equipment, Large coin slot machines, Large

m ed ic al de vi ces, Large m on it ori ng a nd co nt r ol i nst r um en ts, Large

appliances which automatically deliver products and money. Photovoltaic

panels.

5. SMALL EQUIPMENT

Vacuum cleaners, Carpet sweepers, Appliances for sewing, Luminaires,

Microwaves, Ventilation equipment, Irons, Toasters, Electric knives,

Electric kettles, Clocks and Watches, Electric shavers, Scales, Appliances

for hair and body care, Calculators, Radio sets, Video cameras, Video

recorders, Hi-fi equipment, Musical instruments, Equipment reproducing

sound or images, E lectrical and electronic toys, Sports equipment,

Computers for biking, diving, running, rowing, etc., Smoke detectors,

Heating regulators, Thermostats, Small Electrical and electronic tools, Small

m edical devices, Sm all Monit oring an d control instrum ents, S mall

Appliances which automatically deliver products, Small equipment with

integrated photovoltaic panels.

6. SMALL IT AND TELECOMMUNICATION

EQUIPMENT

(NO

EXTERNAL DIMENSION MORE THAN 50 CM)

Mobile phones, GPS, Pocket calculators, Routers, Personal computers,

Printers, Telephones.

Schedule 5

(Regulation 11)

Minimum Recovery Targets referred to in regulation 11

Part 1: Minimum targets applicable by category from 13 August 2012 until 14

August 2015 with reference to the categories listed in Schedule 1

(a) for WEEE falling within category 1 or 10 of Schedule 1,

80% shall be recovered, and

75% shall be recycled;

(b) for WEEE falling within category 3 or 4 of Schedule 1,

75% shall be recovered, and

65% shall be recycled;

(c) for WEEE falling with category 2, 5, 6, 7, 8 or 9 of Schedule 1,

70% shall be recovered, and

50% shall be recycled;

(d) for gas discharge lamps, 80% shall be recycled.

Part 2: Minimum targets applicable by category from 15 August 2015 until 14

August 2018 with reference to the categories listed in Schedule 1

(a) for WEEE falling within category 1 or 10 of Schedule 1,

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

85% shall be recovered, and

80% shall be prepared for re-use and recycled;

(b) for WEEE falling within category 3 or 4 of Schedule 1,

80% shall be recovered, and

70% shall be prepared for re-use and recycled;

(c) for WEEE falling with category 2, 5, 6, 7, 8 or 9 of Schedule 1,

75% shall be recovered, and

55% shall be prepared for re-use and recycled;

(d) for gas discharge lamps, 80% shall be recycled.

Part 3: Minimum targets applicable by category from 15 August 2018 with

reference to the categories listed in Schedule 3

(a) for WEEE falling within category 1 or 4 of Schedule 3,

85% shall be recovered, and

80% shall be prepared for re-use and recycled;

(b) for WEEE falling within category 2 of Schedule 3,

80% shall be recovered, and

70% shall be prepared for re-use and recycled;

(c) for WEEE falling with category 5 or 6 of Schedule 3,

75% shall be recovered, and

55% shall be prepared for re-use and recycled;

(d) for WEEE falling within category 3 of Schedule 3, 80% shall be

recycled.

Schedule 6

(Regulation 25)

Minimum requirements for shipments

1. In order to distinguish between EEE and WEEE where the holder of the

object claims that he intends to ship or is shipping used EEE and not WEEE, the

competent authority shall require the holder to have available the following to

substantiate this claim

(a) a copy of the invoice and contract relating to the sale and/or transfer of

ownership of the EEE which states that the equipment is destined for

direct re-use and that it is fully functional;

(b) evidence of evaluation or testing in the form of a copy of the records

(certificate of testing, proof of functionality) on every items within the

consignment and a protocol containing all record information according

to point 3;

(c) a declaration made by the holder who arranges the transport of the EEE

that none of the material or equipment within the consignment is waste

as defined by regulation 4 of the Waste Regulations (S.L. 549.63); and

(d) appropriate protection against damage during transportation, loading

and unloading in particular through

sufficient

packaging

and

appropriate stacking of the load.

2. By way of derogation, point 1(a) and (b) and point 3 do not apply where it is

documented by conclusive proof that the shipment is taking place in the framework

of a business-to-business transfer agreement and that

(a) the EEE is sent back to the producer or a third party acting on his behalf

as defective for repair under warranty with the intention of re-use; or

(b) the used EEE for professional use is sent to the producer or a third party

acting on his behalf or a third-party facility in countries to which

Decision C(2001)107/Final of the OECD Council concerning the

revision of Decision C(92)39/Final on control of transboundary

movements if wastes destined for recovery operations applies, for

refurbishment or repair under a valid contract with the intention of re-

use; or

(c) the defective used EEE for professional use, such as medical devices or

their parts, is sent to the producer or a third party acting on his behalf

for root cause analysis under a valid contract, in cases where such an

analysis can only be conducted by the producer or third parties acting

on his behalf.

3. In order to demonstrate that the items being shipped constitute used EEE

rather than WEEE, the competent authority shall require the following steps for

testing and record keeping for used EEE to be carried out

Step 1: Testing

(a) Functionality shall be tested and the presence of hazardous substances

shall be evaluated. The tests to be conducted depend on the kind of

EEE. For most of the used EEE a functionality test of the key functions

is sufficient.

(b) Results of evaluation and testing shall be recorded.

Step 2: Record

(a) The record shall be fixed securely but not permanently on either the

EEE itself (if not packed) or on the packaging so it can be read without

unpacking the equipment.

(b) The record shall contain the following information

-

name of item (name of equipment if listed in Schedule 2 or

Schedule 4, as appropriate, and category set out in Schedule 1 or

Schedule 3, as appropriate).

-

identification number of the item (type No) where applicable,

-

years of production (if available),

-

name and address of the company responsible for evidence of

functionality,

-

result of tests as described in step 1 (including date of the

functionality test),

-

kind of tests performed.

4. In addition to the documentation requested in points 1, 2 and 3, every load

(e.g. shipping container, lorry) of used EEE shall be accompanied by

(a) a relevant transport document, e.g. CMR or waybill;

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

(b) declaration by the liable person on its responsibility.

5. In the absence of proof that an object is used EEE and not WEEE through

the appropriate documentation required in points 1, 2, 3 and 4 and of appropriate

protection against damage during transportation, loading and unloading in particular

through sufficient packaging and appropriate stacking of the load, which are the

obligations of the holder who arranges the transport, the competent authorities shall

consider that an item is WEEE and presume that the load comprises an illegal

shipment. In these circumstances the load will be dealt with in accordance with

Articles 24 and 25 of Regulation (EC) No 1013/2006.

Schedule 7

(Regulation 8)

Selective treatment for materials and components of waste electrical and electronic

equipment referred to in regulation 8(2)

1. As a minimum the following substances, mixtures and components have to

be removed from any separately collected WEEE.

Polychlorinated biphenyls (PCB) containing capacitors in accordance

with Council Directive 96/59/EC of 16 September 1996 on the disposal

of polychlorinated biphenyls and polychlorinated terphenyls (PCB/

PCT),

mercury containing components, such as switches or backlighting

lamps,

batteries,

printed circuit boards of mobile phones generally, and of other devices

if the surface of the printed circuit board is greater than 10 square

centimetres,

toner cartridges, liquid and paste, as well as colour toner,

plastic containing brominated flame retardants,

asbestos waste and components which contain asbestos,

cathode ray tubes,

chlorofluorocarbons (CFC), hydrochlorofluoro-carbons (HCFC) or

hydrofluorocarbons (HFC), hydrocarbons (HC),

gas discharge lamps,

liquid crystal displays (together with their casing where appropriate) of

a surface greater than 100 square centimetres and all those back-lighted

with gas discharge lamps,

external electric cables,

components containing refractory ceramic fibres as described in

Commission Directive 97/69/EC of 5 December 1997 adapting to

technical progress for the 23rd time Council Directive 67/548/EEC on

the approximation of the laws, regulations and administrative

provisions relating to the classification, packaging and labelling of

dangerous substances,

components containing radioactive substances with the exception of

components that are below the exemption thresholds set in Article 3 of

and Annex I to Council Directive 96/29/Euratom of 13 May 1996 laying

down basic safety standards for the protection of the health of workers

and the general public against the dangers arising from ionizing

radiation,

electrolyte capacitors containing substances of concern (height > 25

mm, diameter > 25 mm or proportionately similar volume).

These substances, mixtures and components shall be disposed of or recovered in

compliance with the Waste Regulations (S.L. 549.63).

2. The following components of WEEE that is separately collected have to be

treated as indicated

cathode ray tubes: the fluorescent coating has to be removed,

equipment containing gases that are ozone depleting or have a global

warming potential (GWP) above 15, such as those contained in foams

and refrigeration circuits: the gases must be properly extracted and

properly treated. Ozone-depleting gases must be treated in accordance

with Regulation (EC) No 1005/2009,

gas discharge lamps: the mercury shall be removed.

3. Taking into account environmental considerations and the desirability of

preparation for re-use and recycling, points 1 and 2 shall be applied in such a way

that environmentally-sound preparation for re-use and recycling of components or

whole appliances is not hindered.

Schedule 8

(Regulation 8)

Technical requirements referred to in regulation 8(3)

1. Sites for storage (including temporary storage) of WEEE prior to its

treatment (without prejudice to the requirements of Council Directive 1999/31/EC of

26 April 1999 on the landfill of waste)

impermeable surfaces for appropriate areas with the provision of

spillage collection facilities and, where appropriate, decanters and

cleanser-degreasers,

weatherproof covering for appropriate areas.

2. Sites for treatment of WEEE

scales to measure the weight of the treated waste,

impermeable surfaces and waterproof covering for appropriate areas

with the provision of spillage collection facilities and, where

appropriate, decanters and cleanser-degreasers,

appropriate storage for disassembled spare parts,

appropriate containers for storage of batteries, PCBs/PCTs containing

capacitors and other hazardous waste such as radioactive waste,

equipment for the treatment of water in compliance with health and

environmental regulations.

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

Schedule 9

Amended by

(Regulation 16)

L.N. 148 of 2021.

Information to be contained in an application for producer registration and

reporting referred to in regulation 16

A.

Information to be submitted upon registration

1. Name and address of the producer or of the authorised representative where

appointed under regulation 17 (postal code and location, street name and number,

country, telephone and fax number, e-mail, as well as a contact person to whom the

competent authority may address communications). In the case of an authorised

representative as defined in regulation 17, the contact details of the producer that is

represented should also be stated. Where the producer is a company, the details

should be of the registered office. Where the producer is not a company, the details

should be of the principal place of business. The business name is to be provided if

different from that referred to above.

2. The national identification code of the producer, including the national tax

(VAT) number, the NACE code, the company registration number and the range of

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

249, 250-499, 500+), where applicable.

3. Category of EEE set out in Schedules I or III, as appropriate.

4. Type of EEE (household or other than household equipment).

5. Brand name of EEE.

6. Information as to

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

under these regulations individually or collectively; and

(b) if collectively

-

the name of the authorised waste electrical and electronic

equipment collective organisation of which the producer is a

member;

-

the name of the operator of the authorised waste electrical and

electronic equipment collective organisation; and

-

the address and telephone number of the registered office of the

operator of the authorised waste electrical and electronic

equipment collective organisation or, if not a company registered

in Malta, the principal place of business and telephone number of

the operator of the authorised waste electrical and electronic

equipment collective organisation in Malta.

7. Information on financial guarantee.

8. Selling technique used (e.g. distance selling).

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

and title of the signatory of the declaration.

10. The date of the application for registration.

B.

Information to be submitted for reporting

1. National identification code of the producer.

2. Reporting period.

3. Category of EEE set out in Schedules I or III, as appropriate.

4. Quantity of EEE placed on the national market, by weight, category.

5. Quantity, by weight, of waste of EEE separately collected, recycled

(including prepared for re-use), recovered and disposed of within the Member State

or shipped within or outside the Union, by category.

Schedule 10

(Regulation 16)

Public Register

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

producer whose application for registration has been processed by the competent

authority under regulation 16.

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

operates in Malta.

2. The full postal address (including post code) and telephone number of

-

the producer’s registered office; or

-

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

principal place of business in Malta.

3. Information as to whether the producer meets its responsibilities under these

regulations individually or collectively.

4. The producer’s registration number.

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

under regulation 23 to furnish a statement of compliance.

Schedule 11

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

(Regulation 17)

Written Mandate Declaration

Company Name ....................................................................................................

Address ................................................................................................................

Hereby appoints

Name ....................................................................................................................

Address ................................................................................................................

as the Company’s authorised representative in Malta in accordance with regulation

17. This mandate is for the following categories

(NAME OF AUTHORISED REPRESENTATIVE) ................................................

he r e b y r e p r e s e nt s a n d u n d e r t a k e s t h e r e s p o n s i b i li t i e s a s t h e a uth o r i s e d

representative for (COMPANY NAME) ................................................. in Malta,

in accordance with the Waste Management (Electrical and Electronic Equipment)

Regulations.

This mandate, signed by both parties, commences on the date of signature unless

otherwise declared, and will cease once either party informs the competent

authority in Malta managing the national register that this mandate has been

terminated.

On one part,

NAME OF PRODUCER .......................................................................................

SIGNATURE ...............................................

DATE ..........................................................

On one other part,

NAME OF AUTHORISED REPRESENTATIVE ...................................................

SIGNATURE ................................................

DATE ...........................................................

Schedule 12

Substituted by

L.N. 232 of 2015.

(Regulation 16)

Schedule of Fees for Registration as a Producer

Category of Activity

Fee (€)

Online registration/renewal for producers of electrical and

electronic equipment

Manual registration/renewal for producers of electrical and

electronic equipment

Schedule 13

Added by

L.N. 232 of 2015.

(Regulation 13A (2)

Amended by

L.N. 148 of 2021.

Bank Guarantee for self-compliant producers

In 2016, two hundred and ten euro (€210) per tonne of the average

weight of EEE placed on the market in Malta in the three preceding

years;

In 2017, two hundred and twenty-five euro (€225) per tonne of the

average weight of EEE placed on the market in Malta in the three

preceding years;

In 2018, two hundred and fifty euro (€250) per tonne of the average

weight of EEE placed on the market in Malta in the three preceding

years;

In 2019, two hundred and seventy-five euro (€275) per tonne of the

average weight of EEE placed on the market in Malta in the three

preceding years;

In 2020, three hundred (€300) per tonne of the average weight of EEE

placed on the market in Malta in the three preceding years; and

In 2021 and onwards, three hundred and twenty-five (€325) per tonne of

the average weight of EEE placed on the market in Malta in the three

preceding years.

For the purpose of this Schedule any amount less than one (1) tonne shall be taken

to be equal to one (1) tonne for all years.

WASTE MANAGEMENT

(ELECTRICAL AND ELECTRONIC EQUIPMENT)

Schedule 14

Added by

L.N. 232 of 2015.

[Regulation 21(4)]

Substituted by

L.N. 148 of 2021.

Bank Guarantee for an authorised waste electrical and electronic equipment

collective organisation

A bank guarantee in favour of the Authority shall be submitted to the

competent authority within four (4) months of the issuance of the permit or its

renewal and shall cover the WEEE collective organisation’s operations and

obligations as prescribed in these regulations and any permits granted by the

Authority in favour of such WEEE collective organisation. The bank guarantee

covering any operational year may only be released once the Authority confirms

that the WEEE collective organisation has complied and fulfilled its obligations

for that respective year that the release of the bank guarantee is being requested

for

Provided that in cases of renewal of a permit, the same bank guarantee

may be extended for the duration of the renewed permit and shall be updated in

terms of value to reflect the calculation below whilst still be applicable for any

expired permit which the Authority is still in the process of verifying compliance

with;

Provided further that during the validity of the permit, within four (4)

months of the commencement of each operational year, the permit holder shall

recalculate the value of the bank guarantee and update it as may be necessary so

that the value of the bank guarantee in favour of the Authority reflects the

calculation below.

The amount of bank guarantee shall be calculated as follows

A*B = Bank Guarantee PRO

where

"A" is the average of the actual weight, in tonnes, of the EEE placed on the

market as declared by the authorised WEEE collective organisation in its annual

reports submitted in accordance with regulation 23(2), covering the three (3)

preceding operational years

Provided that in such cases where the authorised WEEE collective

organisation has been operating for a period of three (3) years or less, but more

than one (1) year, "A" shall be the average of the actual weight, in tonnes, of the

EEE placed on the market during its preceding operational year/s as declared by

the WEEE collective organisation in its annual report/s submitted in accordance

with regulation 23(2); and

"B" is equivalent to a flat rate of thirty-five euro (€35) per tonne.