Waste Management (Electrical and Electronic Equipment) (Amendment) Regulations, 2021 (L.N. 148 of 2021)

B 1168
L.N. 148 of 2021
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Waste Management (Electrical and Electronic Equipment)
(Amendment) Regulations, 2021
IN EXERCISE of the powers conf erred by articles 54 and 55 of
the Environment Protection Act, the Minister for the Environmen t,
Climate Change and Planning, af ter consultation with the
Environment and Res ources Authority, has made the following
regulations:-
Citation.
S.L. 549. 89.
1. The title of these regulations is the Waste Management
(Electrical and Electronic Equipment) (Amendment) Regulations,
2021, and these regulations shall be read and construed as one with
the Waste Management (Electrical and Electronic Equipment)
Regulations, hereinafter referred to as "the principal regulati ons".
Amends
regulation 2 of
the principal
regulations.
2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) in sub-regulation (1) ther eof, immediately after the
words "27 January 2003" there shall be added the words "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
(b) immediately after sub-re gulation (3) thereof, there
shall be added the following new sub-regulation:
Amends
regulation 3 of
the principal
regulations.
3. Sub-regulation (1) of regulation 3 of the principal
regulations shall be amended as follows:
(a) immediately after the de finition "agreement", there
L.N. 151 of
2021.
"(4) These regulations shall be read and
construed in the context of the provisions of the
Extended Producer Responsibility Framework
Regulations.".
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shall be added the fo llowing new definition:
(b) the definition "local agency" shall be substituted by
the following new definition:
" "local agency" shall have the same meaning as
"entity of Government " as defined in article 2 of the Act;";
and
(c) in the definition "produ cer", the words "including by
means of distance communicati on as defined in the Distance
Selling Regulations" shall be substituted by the words
"including by means of distance contracts as defined in the
Consumer Rights Regulations".
Amends
regulation 5 of
the principal
regulations.
4. Regulation 5 of the principal r egulations shall be amended
as follows:
(a) in sub-regulation (4) thereof, the words "and shall
thereafter be handed over to waste electrical and electronic
equipment compliance schemes " shall be substituted by the
words "and shall thereafter be handed over to authorised waste
electrical and electronic equipment collective organisation";
(b) paragraph (b) of sub-regul ation (4) thereof shall be
substituted by the following new paragraph:
"(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.";
(c) immediately after paragraph (b) of sub-regulation
(4) thereof, there shall be added the following new paragraph:
L.N. 151 of
2021.
" "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;";
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"With reference to the distribution of WEEE
pursuant to paragraphs (a) and (b), an authorised WEEE
collective organisation shal l 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."; and
(d) immediately after sub-regulation (5) thereof there
shall be added the following new sub-regulation:
"(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.".
Adds new
regulation to the
principal
regulations.
5. Immediately after regulation 8 of the principal regulations
there shall be added the following new regulation:
"Proof of
recovery,
preparation
for reuse,
recycling or
disposal.
S.L. 549. 63.
8A. (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 furt her 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:
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Amends
regulation 13A
of the principal
regulations.
6. Regulation 13A of the principal regulations shall be
amended as follows:
(a) sub-regulation (4) the reof shall be deleted;
(b) sub-regulations (5), (6) and (7) thereof shall be re-
numbered as sub-regulations ( 4), (5) and (6) respectively;
(c) in sub-regulation (4) th ereof, as re-numbered, the
words "sub-regulations (2) and ( 4)" shall be substituted by the
words "sub-regulation (2)"; and the words "by its members"
shall be substituted by the words "by the producer";
(d) sub-regulation (5) thereof, as re-numbered, shall be
substituted by the following new sub-regulation:
"(5) In cases where a producer or an authorised
representative acting as a sel f-compliant producer fails to
(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 or ganisation engages the
services of an authorised waste management
undertaking or establishment to export waste
electrical and electronic equipment for further
treatment, then such undert aking 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 rec overy targets set out in
regulation 11 and Schedule 5, if the self-compliant
producers or the waste ele ctrical and electronic
equipment collective org anisation present the
documentation referred to in sub-regulations (1), (2)
or (3) to the competent authority.".
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achieve the obligations pursuant to regulations 12(1) and
13(1), the competent authorit y 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.";
and
(e) in sub-regulation (6) thereof, as re-numbered, the
words "a producer, authorised representative or waste electrica l
and electronic compliance scheme " shall be substituted by the
words "a producer or authorised representative"; and the words
"sub-regulations (2) and (4)" shall be substituted by the words
"sub-regulation (2)".
Adds new
regulation to the
principal
regulations.
7. Immediately after regulation 15 of the principal
regulations there shall be added the following new regulation:
Amends
regulation 16 of
the principal
regulations.
8. Regulation 16 of the princ ipal regulations shall be
amended as follows:
(a) sub-regulation (5) thereof shall be substituted by the
following new sub-regulation:
"(5) When a producer ceases to place electrical
and electronic equi pment on the market , the producer shall
apply for deregistration with the competent authority in
accordance with the relevant administrative procedure
prescribed by the Authority.";
(b) sub-regulation (8) thereof shall be substituted by the
following new sub-regulation:
(c) immediately after sub-regulation (11) thereof, there
"Incentives
for the
application of
the waste
hierarchy.
15A. 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 Annex IVa to
Directive 2008/98/EC or other appropriate
instruments and measures.".
S.L. 549. 39.
"(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 Environme nt Regulations."; and
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shall be added the follo wing new sub-regulations:
"(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 statem ent 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.".
Amends
regulation 19 of
the principal
regulations.
9. Regulation 19 of the principal regulations shall be
amended as follows:
(a) in sub-regulation (1) thereof, the words "regulation
17" shall be substituted by the words "regulation 16"; and
(b) in paragraph (a) of sub-regulation (2) thereof, the
words "regulation 17" shall b e substituted by the words
"regulation 16".
Amends
regulation 21 of
the principal
regulations.
10. Regulation 21 of the principal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
(b) sub-regulation (4) thereof shall be re-numbered as
sub-regulation (6), and the word s "this information" shall be
substituted by the words "any non-confidential information";
and
S.L. 549. 63. "(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.";
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(c) immediately after sub-re gulation (3) thereof there
shall be added the following new sub-regulation:
"(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.".
Substitutes
regulation 22 of
the principal
regulations.
11. Regulation 22 of the princ ipal regulations shall be
substituted by the fo llowing new regulation:
Substitutes
regulation 23 of
the principal
regulations.
12. Regulation 23 of the princ ipal regulations shall be
substituted by the fo llowing new regulation:
"Participation
in an
authorised
waste
electrical and
electronic
equipment
collective
organisation.
22. (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.".
"
Operation of
a waste
electrical and
electronic
equipment
collective
organisation.
23. (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 pl aced on the market by
each producer partici pating in t he producer
responsibility organisation, in the previous
year;
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Amends
regulation 24 of
the principal
regulations.
13. Regulation 24 of the principal regulations shall be
amended as follows:
(a) in sub-regulation (2) ther eof, immediately after the
words "of these regulations." t here shall be added the words
"Self-compliant producers shal l 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)."; and
(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 collec tive organisation shall
s u b m i t a h a l f - y e a r l y 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.
S.L. 549. 39.
(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.".
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(b) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) In the case of an authorised waste electrical
and electronic equipment co llective 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 was te electrical and electronic
equipment collective organisation shall submit the audit
report together with the annual report referred to in
regulation 23(2).".
Amends
Schedule 9 to
the principal
regulations.
14. The words "regulation 16", wherever they occur, in
paragraph (1) of part A of the said Schedule 9 to the principal
regulations, shall be substituted by the words "regulation 17".
Amends
Schedule 13 to
the principal
regulations.
15. The words "Regulation 12" in t he sub-heading of Schedule
13 to the principal regulations, shall be substituted by the wo rds
"Regulation 13A(2)".
Substitutes
Schedule 14 to
the principal
regulations.
16. Schedule 14 to the principal regulations shall be
substituted by the following new Schedule:
"SCHEDULE 14
[regulation 21(4)]
Bank Guarantee for an author ised waste electrical and
electronic equipment collective organisation
A bank guarantee in favour of the Authority shall be
submitted to the competent aut hority 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 a nd 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 tha t
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 t erms of value to reflect the
calculation below whilst still be applicable for any expired
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permit which the Authority is st ill 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 re calculate the value of the bank
guarantee and update it as may b e necessary so that the value o f
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 thre e
(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.".
Adds new
schedules to the
principal
regulations.
17. Immediately after Schedule 14 to the principal regulations
there shall be added the following new Schedules:
"SCHEDULE 15
(regulations16 and 23)
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 t he certificate;
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- 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 r ecycling obligations.
SCHEDULE 16
(regulation 23)
Information to be contained in the half-yearly and annual repor t
of an authorised waste electrical and electronic equipment
collective organisation
Part A: Environmental Information on the operations of the
waste electrical and elect ronic 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
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tonne of electrical and electronic equipment placed on the
market;
- 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.".
Amends various
provisions of
the principal
regulations.
18. (1) In the principal regulations, the words "waste
electrical and electronic equipment compliance scheme", wherever
they occur, shall be substituted by the words "waste electrical a n d
electronic equipment co llective organisation".
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(2) In the principal regulations, the word "scheme", wherever
it occurs, provided that such word is not part of the phrase "w aste
electrical and electronic equipment compliance scheme" and "eco-
management and audit scheme", shall be substituted by the words
"producer responsibility organisation".
(3) In the principal regulations, the words "collective scheme",
wherever they occur, shall be substituted by the words "produce r
responsibility organisation".
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