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Eco-Contribution Act (Cap. 473) Eco-Contribution (Approved Waste Recovery Facilities) Regulations, 2008 (L.N. 74 Of 2008 )

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ECO-CONTRIBUTION ACT (CAP. 473)
Eco-Contribution (Approved Waste Recovery Facilities) Regulations, 2008
IN exercise of the powers conferred by articles 12 and 13 of the Eco-Contribution Act, hereinafter referred to as “the Act”, the Minister for Rural Affairs and the Environment, in concurrence with the Prime Minister and Minister of Finance, has made the following regulations>-
1. (1) The title of these regulations is the Eco-Contribution
(Approved Waste Recovery Facilities) Regulations, 2008.
(2) These regulations provide measures, procedures and guidance to the Act for the granting of exemptions in respect of eco- contribution due by producers who participate in the recovery of waste through approved schemes.
2. In these regulations, unless the context otherwise requires> “approved scheme” means a scheme or waste recovery
scheme that is approved by the Minister and that is operational
during the period to which an exemption applied for and obtained under these regulations refers<
“Approved Waste Recovery Facility” means a facility approved in terms of the Waste Recovery Scheme Regulations,
2008<
“scheme” or “waste recovery scheme” means a system through which any producer can demonstrate the recovery of waste of the products placed by such producer on the market, when the waste resulting from such products are delivered to one or more Approved Waste Recovery Facilities.
3. (1) A producer who participates in an approved waste recovery scheme for products on which an eco-contribution is due, shall be exempt, in accordance with these regulations, from payment of the eco-contribution on products the producer indicates that the waste resulting therefrom will be recovered through the approved scheme.
4. (1) Exemption from payment of the eco-contribution due on products the waste resulting therefrom will be recovered through

Citation, commencement and scope.

Interpretation.

Exemption from eco-contribution.

Forfeiture of exemption.

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Approved scheme.

participation in an approved scheme shall be granted to a producer who proves to the satisfaction of the Minister that he is a participant in an approved scheme at the beginning of a calendar year and continues to participate in such scheme for the full duration of the said calendar year.
(2) Where a producer who obtained an exemption from payment of eco-contribution ceases to participate in the approved scheme he subscribed to during the relevant calendar year, the exemption granted shall be forfeited and the producer shall be bound to pay the eco- contribution that would have been due in the absence of the exemption, together with interest for late payment>
Provided that on ceasing to participate in an approved scheme a producer who would have participated in said scheme for a continuous period of at least six months in the calendar year will not forfeit the exemption for the relevant calendar year.
(3) The amount of interest shall be calculated on the amount of eco-contribution that would have been due in the absence of the exemption and shall accrue as from the date when such contribution would have been due at the rate of eight percent per annum.
5. (1) An application to the Minister for the approval of a waste recovery scheme may only be made by one or more producers who subscribe to such scheme>
Provided that where more than one producer seeks approval of a particular scheme, application for approval of the scheme shall be made jointly.
(2) Application for approval shall be made on the prescribed form and shall be accompanied by a description of the details of operation of the scheme< the Approved Waste Recovery Facility or Facilities the scheme will oblige its participants to deliver waste resulting from products they place on the market< and methods of monitoring and enforcing adherence to such obligation.
(3) The Minister shall process a valid application for approval of a scheme made within a period of three months from its date of submission and shall determine the date of commencement of the period of exemption.
(4) In processing an application for approval under these regulations, the Minister may request the applicant or applicants to submit further details on the information provided in the application relative to the scheme approval of which is sought under these regulations.
6. (1) An application to the Minister for an exemption from eco-contribution due may only be made by a producer who participates in an approved scheme.
(2) Application for exemption shall be made on the prescribed form and shall be accompanied by a declaration issued by an approved scheme confirming the subscription and participation to the approved scheme by the applicant producer, and the products that will be placed on the market by the applicant producer during the calendar year to which the application for exemption refers and which products and their waste will be subject to the scheme.
(3) Application for exemption shall be made by no later than thirty days from the date of subscription to an approved scheme and in respect of the eco-contribution which will fall due during the current or forthcoming calendar year on products that will be placed on the market during the current or forthcoming year respectively and the waste of which products will be recovered by participation by the applicant producer to an approved scheme.
(4) The Minister shall process a valid application for exemption made within a period of three months from its date of submission.
(5) In processing an application for exemption under these regulations, the Minister may request the producer to submit further details on the information provided in the application relative to the products that will be placed on the market that will be recovered through participation in the approved scheme.
7. A producer who would have obtained an exemption from payment of eco-contribution for all products in respect of which an exemption was obtained shall be required to>
(a) maintain accurate records of product movements<
(b) consent and comply with all requests to monitor, check and produce for inspection any such records and any other documents relative to the recovery of waste from the products< and
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Application for exemption.

Records and documents.

(c) ensure compliance with all requirements of the Act and of the regulations and with such other requests made by the Minister.
8. (1) Where an application for exemption contains false or incorrect information, and the applicant producer does not correct such application in accordance with the provisions of this regulation, such applicant producer shall be liable to an administrative penalty equivalent to the amount of the eco-contribution that would have been due had the exemption not been obtained>

Incorrect application for exemption.

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Fraudulent claims.

Provided that where such contribution does not amount to two hundred and thirty-three Euro (€233), the administrative penalty shall be of two hundred and thirty-three Euro (€233).
(2) A producer who has made any form of incorrect statement in an application for exemption may correct the said claim by the delivery of a corrected application form not later than ten days from when the application form containing the incorrect statement was furnished to the Minister, clearly indicating that the adjusted application form replaces the application furnished earlier>
Provided that where a producer corrects an application form, he shall nonetheless be liable to an administrative penalty of two hundred and thirty-three Euro (€233).
9. (1) Where an exemption is obtained in a fraudulent or any other irregular manner, an administrative penalty equivalent to twenty per cent of the amount unduly exempted shall become due, together with interest at the rate of one percent per month or part thereof which interest shall start to run from the date of payment of the amount unduly exempted to the date when such amount together with the administrative penalty and interest is paid back to the Minister>
Provided that the amount of such administrative penalty and interest taken together shall not exceed the amount obtained in a fraudulent or any other irregular manner.
(2) Where an exemption has been obtained in a fraudulent or in any other irregular manner, the Minister shall proceed directly to recover the amounts wrongly exempted and any penalties and interest imposed.

Liability and administrative penalties.

Enforcement.

(3) Where an administrative penalty had been imposed and interest has become due, but has not been paid, the Minister shall suspend any further exemption to the producer concerned until it has been paid.
10. Any amount of administrative penalty due by a producer under these regulations shall not relieve that producer from a higher or a further penalty to which he may have become or may become liable in terms of any provisions of the Act or regulations made thereunder.
11. The provisions of Parts VI and VII of the Act shall apply in respect of administrative penalties imposed in terms of these regulations and all reference therein to the “authority” and “Competent Authority” shall be construed as a reference to the “Minister”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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€0.37 (Lm0.16)