GBR No. 13

Environmental Conditions

Waste Brokers – S.L.549.45, Schedule 1 Activity 39

The Environment and Resources Authority (ERA) regulates the environmental impact of enterprises through two key mechanisms. Smaller scale activities are regulated through a set of General Binding Rules (GBRs) which apply to specific small enterprises such as waste carriers and waste brokers. Other small enterprises have been grouped together. Larger scale activities are regulated through an Environmental Permit issued on an individual basis by ERA. Certain enterprises of limited environmental significance (e.g. insurance companies) are exempt from control through a GBR or Permit.

The environmental conditions set out in this General Binding Rule (GBR) are aimed at improving the environmental performance of certain activities involved in the management of wastes generated by other enterprises. Waste management is defined as any activity whereby waste is handled including: Storage, Collection, Sorting, Transport, Treatment, Recovery and Disposal of Waste, the Brokerage and Supervision of such activities and the post-closure Management of Disposal and Recycling facilities. All classes of enterprises with NACE Divisions 38.21 and 38.22 are subject to an Environmental Permit. Enterprises with NACE Divisions 38.11 and 38.12 are subject to either an Environmental Permit or Registration, depending on the type of waste being collected and transported.

This GBR relates solely to enterprises within NACE Classes referred to in the last page of this document.

The Brokerage of Waste

Broker, as defined under Directive 2008/98/EC means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste. Activities include but are not limited to, the arranging for the collection, recycling, recovery or disposal of waste on behalf of another person.

Such enterprises must register with ERA and receive confirmation from ERA of the acceptability of their activity. Further information on the registration and permitting of other waste management activities can be found in ERA Guidance Note No. 12.

The Environmental Conditions in this GBR:

  • Apply immediately on start-up of operations by new enterprises.
  • Apply immediately after confirmation of registration by ERA.
  • Do not override the requirements of any other legislation, including any possible need for development consent
  • Will be enforced through ERA inspections, with the possibility of significant penalties and undesirable publicity.
  • Apply until such time as they may be superseded for individual enterprises by the requirements of an Environmental Permit, other legal requirements or the amendment of this GBR.

Information which shall be provided with the application form:

All applications should provide the following:

a) A general description of the brokerage activity carried out, including EWC codes brokered;

b) Details of person and/or company under which the application is being made;

c) A true copy of the Memorandum and Articles of Association of the company;

d) Copy of Maltese ID card (if Maltese National);

e) Copy of Passport (if not a Maltese National);

f) Copy of Maltese working permit (if not an EU National).

Additional information required by brokers based in foreign country:

a) A true copy of the waste broker permit issued by the national competent authority (in original Language) of the country;

b) An English translation of the waste broker permit issued by the national competent authority;

c) An English translation of the Memorandum and Articles of Association of the company;

d) In the case that a Maltese company is legally representing the broker company in Malta, a true copy of the Maltese company’s Memorandum and Articles of Association.

GBR Environmental Conditions

  1. A broker is defined under Directive 2008/98/EC as any undertaking arranging for the recovery or disposal of waste on behalf of others, including such activities which do not take physical possession of the waste. Activities include but are not limited to, the arranging for the collection, recycling, recovery or disposal of waste on behalf of another person.
  1. The ‘Registration Holder’ refers to the waste broker registered to carry out waste brokerage activities as defined by Directive 2008/98/EC, under this registration confirmation.
  1. The Registration Holder shall recognize that s/he has a duty of care to protect the environment. The operator shall be familiar with and abide by the legal obligations defined under the Waste Management (Activity Registration) Regulations, 2007 (S.L.549.45) and the Waste Regulations, 2011 (S.L.549.63) and is to engage in good environmental practice.
  1. The Registration Holder is permitted to carry out transactions on all wastes, as listed in the European Waste Catalogue (EWC) as per Commission Decision 2000/532/EC and having hazardous codes (if applicable) as listed under Schedule 3 of the Waste Regulations, 2011 (S.L.549.63).
  1. The Registration Holder shall ensure that waste transfers and shipments carried outside Maltese territories are covered with the necessary permits as required under Council Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14th June 2006 on shipments of waste.
  1. The Registration Holder shall maintain adequate records at the registered office of each waste management activity/ transaction. Such a record shall include:

a) Details of the waste producers;

b) A description of the waste;

c) Its equivalent EWC code as per Commission Decision 2000/532/EC;

d) Its pertaining H code (if applicable) as listed under Schedule 3 of the Waste Regulations, 2011 (S.L.549.63);

e) The waste quantities as per EWC code;

f) The originating source of the waste;

g) Information on waste handling, packaging, containment and storage undertaken;

h) Information on the frequency and method of transportation and details of the waste carriers engaged;

i) Information on the waste management facilities to which such waste was consigned and details of the waste managers engaged; and

j) Associated dates when the above listed activities were carried out.

  1. The Registration Holder shall inform the ERA of her/his intention to export waste at least one week prior to which such waste is packaged and exported. This notice shall include the following information:

a) Type of waste (including EWC Code);

b) Waste generators;

c) Number of containers to be loaded;

d) Address of the loading depot; and

e) Date and time of loading.

Such notification shall be sent by e-mail on the following address: . Failure to do so may result to result in the shipment being objected to.

  1. The Registration Holder shall submit to the Competent Authority the shipment notification at least 3 working days prior to the shipment taking place on . Failure to do so may result in the shipment being objected to.
  1. The Registration Holder shall keep the records listed under condition 6 for a minimum period of 5 years. These records must be made available for inspection upon request by an authorized ERA Official.
  1. The Registration Holder shall submit the data of the total amount of waste collected as per condition 6 above of the previous calendar year (January - December) to the ERA by not later than the 31st March of the subsequent year. Not applying for a renewal of this permit does not exonerate the Registration Holder from providing this data.
  1. The Registration Holder shall ensure that hazardous wastes transferred within Maltese territory or waters are accompanied by a hazardous waste consignment note and a valid hazardous waste consignment permit issued by the ERA. The Registration Holder is also bound to ensure that the waste is adequately described on the waste consignment note.
  1. The Registration Holder shall retain this registration confirmation in the premises from where s/he operates at all times and available for inspection.
  1. The Registration Holder is responsible for the proper management of the waste before its transfer.
  1. The Registration Holder shall ensure that waste is safely stored and presented for collection in appropriate and secure containment or packaging, and labeled in accordance with international and national standards. The holder of this registration shall ensure that waste is safely contained during transportation and shall further prevent the escape of this waste from his control or that of any other person.
  1. The Registration Holder shall ensure that there is no mixing of different categories of waste under her/his control, and that there is no mixing of hazardous with non-hazardous wastes under her/his control, unless prior approval has been issued in writing from the ERA.
  1. The Registration Holder shall ensure that engaged local and foreign waste management/processing/disposal facilities/sites are authorized and are in possession of a valid Environmental Permit or Waste Management Permit to receive and manage the particular waste under consideration. No temporary interim storage of waste on any site shall be allowed unless this site is already covered by an Environment Permit or a Waste Management Permit issued by the Authority.
  1. In the case of the export of waste, the Registration Holder shall ensure that the waste is loaded onto containers at the site of generation and is transported directly to port.
  1. The Registration Holder shall keep ERA updated with change in details of the Company and any brokerage activity, when such a situation arises.
  1. The ERA reserves the right to request updates and/or further information on the activity in question as deemed necessary.
  1. The Registration Holder shall seek the Authority’s written agreement prior to any operational changes by sending to the Authority: written notice of the details of the proposed change, including an assessment of its possible impacts and any relevant supporting assessments and drawings, and the proposed implementation date.
  1. Any such change shall not be implemented until agreed to in writing by the Authority. As from the agreed implementation date, the permit holder shall carry out the activity in accordance with that change, and relevant provisions in the Application shall be deemed to be amended.
  1. The Registration Holder shall not use this Registration inappropriately or fraudulently.
  1. The ERA may inspect and monitor the activity and send officers and/or other on-site monitors appointed by the Authority at the expense of the Registration Holder, to ensure the safeguarding of the natural assets and to act as an on-site liaison between the Registration Holder and the ERA if the case arises.
  1. This Registration is granted saving third party rights. The Registration Holder is not exempt from any other legislation or regulations, codes of practice, conditions or requirements imposed by any other competent authorities, including the obtaining of permits, licenses, or clearances.
  1. The Registration Holder shall inform the ERA of her/his intention to cease brokerage operations by a period of at least three months prior to which s/he is to cease such operations.
  1. The Registration Holder shall apply for a renewal with the ERA of this registration not later than 30 days prior to the expiry of this registration. Application is only validated provided that the information as requested above is submitted.
  1. The ERA may add, amend, suspend or revoke this Registration at any time it deems necessary. The ERA may impose other additional rules or conditions, or may amend one or more of the listed rules or conditions, as it deems necessary for the proper conservation of a protected site or area, biodiversity and the environment in general, and to ensure public safety.
  1. The Registration Holder is able to request the Authority to change or amend any of the conditions of this registration with which the Registration Holder is no longer in a position to achieve compliance by applying for a Variation Notice. The changes in the registration conditions are only affected once official documentation from the Authority notifies the Registration Holder that the Variation Notice is in effect. Until such a time, the Registration Holder retains the responsibility to achieve full compliance with these conditions.
  1. Any aggrieved person may appeal from this decision before the Environment and Review Tribunal within 30 days in terms of Article 63 of the Environment Protection Act.
  1. This Registration is not transferable.

GBR No. 13

NACE Classes of the

Waste Brokers and Waste Dealers Group

38 Waste collection, treatment and disposal activities; materials recovery

38.11 Collection of non-hazardous waste

38.12 Collection of hazardous waste

38.21 Treatment and disposal of non-hazardous waste

38.22 Treatment and disposal of hazardous waste

38.3 Materials recovery

38.32 Recovery of sorted materials

46 Wholesale trades, except of motor vehicles and motorcycles

46.77 Wholesale of waste and scrap

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March 2018