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S.L. 549.36 · Waste Management (End Of Life Vehicles) (S.L. 549.36)

S.L. 549.36 Art. 2Interpretation.

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(1) In these regulations, unless the context otherwise requires:

"Act" means the Environment Protection Act;

"Agreement State" and "citizen of an Agreement State" shall be construed accordingly; and where a state is a party to such an Agreement subject to modifications and adaptations, a citizen of an Agreement State shall be subject to such modifications or adaptations as may be prescribed; "competent authority" means the Environment and Resources Authority, the Malta Competition and Consumer Affairs Authority and the Authority for Transport in Malta, each according to their designated responsibilities for different provisions of these regulations; and such other body or person as the Minister responsible for the environment may by order in the Gazette prescribe, and different bodies or persons may be designated as the competent authority for different provisions and different purposes of these regulations; "dismantling information" means all information required for the correct and environmentally sound treatment of end of life vehicles. It shall be made available to authorised treatment facilities by vehicle manufacturers and component producers in the form of manuals or by means of electronic media; "disposal" shall have the same meaning as in the Waste Regulations; "economic operators" means producers, distributors, collectors, motor vehicle insurance companies, dismantlers, shredders, recoverers, recyclers and other treatment operators of end of life vehicles, including their components and materials; "end of life vehicle" means a vehicle which is waste within the meaning of regulation 4 of the Waste Regulations; "hazardous substance" means any substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex 1 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and * mixtures :

(i) hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(ii) hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

(iii) hazard class 4.1;

(iv) hazard class 5.1; "motor tricycles" means vehicles with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of 3 more than 50 cm of the internal combustion type or a maximum design speed of more than 45 km/h;

*OJ L 353, 31.12.2008, p. 1. "permit" means a permit issued under the Waste Regulations;

"prevention" means measures aiming at the reduction of the quantity and the harmfulness for the environment of end of life vehicles, their materials and substances; "producer" means the vehicle manufacturer or the professional importer of a vehicle into Malta "put on the market" means when a vehicle, materials or components of vehicles are transferred from the manufacturing stage with the intention of distribution on the market; "recovery" shall have the same meaning as assigned to it in the

Waste Regulations; "recycling" means the reprocessing, in a production process, of the waste materials for the original purpose or for other purposes, but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;

"reuse" means any operation by which components of end-of life vehicles are used for the same purpose for which they were conceived;

"shredder" means any device used for tearing into pieces or fragmenting end of life vehicles, including for the purpose of obtaining directly reusable metal scrap;

"special purpose vehicles" means a motor vehicle specially constructed or adapted, equipped with various devices that enable it to perform certain non-transport functions. This means that the primary purpose of such a vehicle is not the transport of persons or goods. This category of vehicles includes:

• motor breakdown lorries, • motor pump vehicles (for example, fire fighting vehicles), • lorries used for cleaning streets, gutters, and similar activities (for example, sweepers, sprinklers and cesspool emptiers), • spraying lorries of all kinds, whether or not fitted with heating equipment, • crane lorries, not for the transport of goods, • mobile drilling derricks, • lorries fitted with stacking mechanisms, that is, with a platform which moves on a vertical support and is generally powered by the vehicle engine, • concrete mixer lorries, • mobile electric generator sets, • mobile radiological units, clinics and laboratories, • outside broadcasting units (motor vehicles), telegraphy, radio-telegraphy or radio-telephony transmitting and receiving vans, radar vans, • searchlight lorries, • mobile kiosks, • other motor vehicles not specified in these regulations;

"three wheel motor vehicle" means three-wheel motor vehicles, twin-wheeled or otherwise, intended to travel on the road, but excluding -• motor tricycles, • tractors and machines used for agricultural or similar purposes, • vehicles designed primarily for off-road leisure use having wheels arranged symmetrically with one wheel at the front of the vehicle and two at the rear, • vehicles intended for pedestrian control, • vehicles intended for use by the physically handicapped, • vehicles intended for use in competitions, on roads or whatever the terrain might be, • vehicles with a maximum design speed not exceeding 6 km/h;

"treatment" means any activity after the end of life vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and. or disposal of the end of life vehicle and its components; "vehicle" means a vehicle designated as category M1 or N1 as defined in Part A of Schedule II to the EC Type-Approval of Motor Vehicles and their Trailers Regulations, and three-wheel motor vehicles as defined in the Approval and Market Surveillance of Two or Three-Wheel Vehicles and Quadricycles Regulations, but excluding motor tricycles;

"vehicle having no market value or a negative one" means a vehicle whose treatment costs and reutilisation of the resulting materials equal or exceed income from the reused components and materials recovered during treatment operations; "vintage vehicle" means a historic vehicle or vehicle of value to collectors or intended for museums, kept in a proper and environmentally sound manner, either ready for use or stripped into parts; "waste" shall have the same meaning as assigned to it in the Waste Regulations;

(2) All other terms shall have the same meaning as that assigned to them in the Waste Regulations.

Wijzigingsgeschiedenis
  • Amended by L.N. 150 of 2021