S.L. 549.89 Art. 12Financing in respect of WEEE from private households.

(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.