Transboundary Waste Shipments in Malta

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The shipment of electronic waste from and to Malta is regulated chiefly by European law, with some elements being subject to the national laws of Malta . This report reviews the main legal requirements governing shipments of electronic waste from and to Malta .

Where electronic waste is (i) shipped between Malta and other EU Member States, (ii) imported into Malta from outside the EU, or (iii) exported from Malta to outside the EU, the European waste shipment law applies. The key EU legislative instrument is Regulation 1013/2006 on the shipment of waste (the "Regulation"), which implements the Basel Convention and the OECD Decision. This Regulation is directly effective in all Member States of the European Union and does not require transposition by Malta . Therefore, the Regulation's provisions are directly binding on private parties in Malta .

The Regulation's controls differ depending on (i) whether the shipments are for disposal or recovery, and, if so, (ii) how the waste involved is listed, and (iii) whether the shipment is intra-EC or imports into or exports from the EC. Generally, the requirements for shipments for disposal resemble the prior authorization scheme of the Basel Convention on the Transboundary Shipment of Hazardous Waste. The requirements for shipments for recovery are based on the OECD Decision on the Transfrontier Movement of Waste for Recovery. Where the shipment is subject to notification, the Regulation also requires a contract with the receiving facility and a financial guarantee.

Malta was a party to the Basel Convention before joining the European Union. Therefore it had already adopted specific legislation that matches the Regulation's regimes. Specifically, it has adopted the Environment Protection (Control of Transboundary Movement of Toxic and Other Substances) Regulations 2002 dated 17 September 2002 published in the State Gazette under the reference S.L.435.11 (the Maltese "Regulations"). These Regulations deal with administrative organization and allocation of authorities, modalities of compliance monitoring and enforcement mechanisms.

Intended waste shipments subject to notification must be notified to the Environment Protection Directorate through a form prescribed by the EU Regulation. The Regulations, however, do not provide for the requirement of a bank guarantee.

Malta's laws on transboundary waste shipments apply only to waste defined as such by the Waste Management (Permit and Control) Regulations 2001, which implement the Waste Framework Directive in Malta.

The Environment Protection Directorate is in charge of monitoring compliance with and enforcing the Regulation. Sanctions for violations of the Regulation include fines and imprisonment.



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