S.L. 549.89 Art. 16Registration, information and reporting.

(1) The competent authority shall, in accordance with sub-

regulation (2), draw up and make available a register of producers, including producers supplying EEE by means of distance communication. That register shall include the collection of information, including substantiated estimates, on an annual basis, on the quantities and categories of EEE placed on their markets, collected through all routes, prepared for re-use, recycled and recovered within Malta, and on separately collected WEEE exported, by weight, to serve to monitor compliance with the requirements of these regulations. Producers supplying EEE by means of distance communication as defined in the definition for "producer" in regulation 3 shall be registered in Malta, if they sell locally, or shall be registered through their authorized representative according to regulation 17(2). Links to other national registers in all Member States are to be provided on the competent authority’s website to facilitate registration of producers or authorised representatives where appointed under regulation 17.

(2) Producers or authorised representatives appointed under regulation 17 shall, upon placing electrical and electronic equipment on the market for the first time within the territory of Malta, apply to be registered with the competent authority and shall be provided with a registration number upon registration.

(3) Producers or authorised representatives registered under sub-regulation (2) shall renew their registration on an annual basis with the competent authority by the 31st March of each year: Provided that as from 1 April of each year the competent authority shall accept renewals until the end of the year at an additional fee of twenty euro (€20) per month or part thereof of the fee/s prescribed in Schedule 12.

(4) An application for registration by producers or authorised representatives appointed under regulation 17 shall contain the information set out in Part A of Schedule 9 and that for renewal shall contain at least the reporting information set out in Part B of Schedule 9. Furthermore, an application for registration or renewal by a producer or an authorised representative appointed under regulation 17 shall:

(a) be made either online or in writing; and

(b) be accompanied by a fee as prescribed in Schedule 12.

(5) When a producer ceases to place electrical and electronic equipment on the market, the producer shall apply for deregistration with the competent authority in accordance with the relevant administrative procedure prescribed by the Authority.

(6) In the case the data submitted by the producer or an authorised representative in accordance with Schedule 9 changes, the said producer shall inform the competent authority thereof no later than one month after the change.

(7) The competent authority shall confirm receipt of a producer’s or authorised representative’s application for registration in writing within twenty working days of receipt and shall process that application within twenty working days of confirming receipt.

(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 Environment Regulations.

(9) For the avoidance of doubt, nothing in this regulation shall require a register maintained by the competent authority to contain information relating to any criminal proceedings (including prospective proceedings) or to anything which is the subject matter of such proceedings, at any time before those proceedings are finally disposed of.

(10) Nothing in this regulation shall require a register maintained by the competent authority to contain any information which has been superseded by later information after four years have elapsed from that later information being entered in the register.

(11) Without prejudice to regulation 27, as from 1 September 2015:

(a) any producer or authorised representative who fails to apply for registration in accordance to sub-regulation

(2) shall, on conviction, be liable to a fine of seven hundred and fifty euro (€750) per tonne of EEE placed on the market from the first placing of EEE on the market until he applies for registration; and

(b) any producer or authorised representative who fails to renew his registration by the end of the year in accordance to sub-regulation (3) shall, on conviction, be liable to a fine of seven hundred and fifty euro (€750) per tonne of EEE placed on the market from the beginning of the year in which he should have renewed until he applies for renewal.

(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 statement 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.