European Pollutant Release and Transfer Register Reporting Obligations Regulations, 2007 (L.N. 152 of 2007)

B 2166 Citation. L.N. 152 of 2007 ENVIRONMENT PROTECTION ACT (CAP. 435) European Pollutant Release and Transfer Register Reporting Obligations Regulations, 2007 BY VIRTUE of the powers conferred by articles 9 and 10(2) of the Environment Protection Act, the Minister for Rural Affairs and the Environment has made the foUowing regulations: 1 . (1) The title of these regulations is tbe European Pollutant Release and Transfer Register Rep01ting Obligations Regulations, 2007. (2) These regulations shall be read in conjunction with Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning tbe establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC, hereinafter referred to as "the EC Regulations'' . Scope. (3) The scope of these regulations is to establish reporting Definition of operator. Reporting by o.verator.;. templates, to fulfil the obligations of Article 7 ( 1) of the EC Regulations regarding tbe establishment of ti.rneframes forreporting of 1·eleases and off site transfers by industry to the Competent Authority, and to fulfil tbe obligations of Article 20 of the EC Regulations , regarding penalties applicable to infringements of the provisions of the EC Regulations. (4) An ''operator" b.as the same definition as in the EC Regulations. 2. (1) The operator of each facility listed in Annex I of the EC Regulations shaU provide ail the data referred to in Article 5 of EC Regulation 166/2006 within 6 months after the end of the reporting year for tbe first reporting year, and within 3 months after the end of th.e reporting year for all subsequent reporting years. Data shall be submitted to tbe Competent Authority in electronic form as may be established from time to time by the Competent Authority. (2) The first reporting yeru· shaU be the yeru· 2007. (3) An operator can apply for an extension up to 3 months to tl1e period allowed for reporting pursuant to sub-regulation (1) with the Competent Authority, provided appropriate justification is presented. The competent authority may grant an extension where it considers that this would be justified. B 2167 3. When reporting. operators shall follow tl1e guidelines Guidelines. established in the latest version of the "Guidance document for the impJementation of the European PRTR", published by the European Commission, and any template that may be published from time to time by notice in the Gazette by tl1e Competent Authority. 4. Any operator shall be guilty of an offence under these Offences under 1 · 'f l t hese regubtions. regu at10ns 1 t 1e operator: (1) does not meet the reporting obligations within the established timeframes; or (2) does not prepare a complete report in tl1e correct format detennined by these regulations; or (3) reports incorrect values or data that are not quality assured, as prescribed in Article 9(1) of the EC Regulations. S. Any operator who comm.its an offence against these regulations Penalties. shall, on conviction, be liable: (1) on a first conviction ro a fine (multa) of not less than five hundred liri (Lm500) but not exceeding one thousand lili (Lml ,000); (2) ona second or subsequent convictions, to a fine (multa) of not less than one thousand li.ri (Lm 1,000) , but not exceeding two thousand 1iri (Lm2,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment: Provided that the court shall order any operator who has been found guilty of committing an offence against these regulations to meet bis reporting obligations and to pay for d1e expenses incun-ed by the Competent Authority mentioned in these regulations or other persons acting on its behalf involved in the implementation of these regulations as a result of the said offence, the revocation of the permit issued by the Competent Authority and the confiscation of the corpus delicti. 6. Where there is a continuing offence against these regulations, Cnmi,wing offence. the court shall, in addition to tl1e fine (multa) prescribed in regulation 5 hereof, award an additional fine of not less than fifty li.ri (Lm50) but not exceeding five hundred li.ri (Lm500) for every day, or part thereof, B 2168 Applicability of rhe Criminal Code. Cap. 9. during which the continuance shall have subsisted, so however that the fine (multa) for the continuance of the offence and the fine (multa) awarded under regulation 5 shall not exceed, in the aggregate, ten thousand liri (Lml0,000): Provided that the court may also order the operator to bear all or part of the costs incurred due to any infringement action brought by the European Commission against Malta under these regulations. 7. (1) The provisions of article 23 and sub-article (1) of article 30 of the Criminal Code shall, m.utatis 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 Jess than one year. (2) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before tile Court of Magistrates (Malta) or the Court of Magistrates (Gazo) , 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 aright of appeal to the Court of Criminal Appeal from any judgement given by the Court ofMagistrates (Malta) or the Court of Magistrates (Goza) in respect of proceedings for any offence against these regulations. Ippubbllkat1nid--b ipartimem ta' 1-fnfonn:azzjrnri (doi.gov.mc) - ·v atlecrn - f',d,/l.\-he,l by 1he Ve1x,rmienr of lnformarum tclm. :;m•.nn) - Vn/lma Mllbugh fl-Tstamperija tal-Gvern - Primed ca rhe Gt1 l'emm~nt Prmrin.¢ Press PmzzlP.rice Lm0 .11 (€0.28)