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The conditions on which the contribution shall be chargeable
and the rate of the contributions to be adopted shall be those in force on the
date on which the products are placed on the market.
Recovery of
Waste
In cases of “recovery of waste” from products on which
eco-contribution is paid in terms of this Act, the producers of those products
may apply to the Competent Authority for a credit of the contribution paid
thereon, or part thereof, against eco-contributions which may fall due in future
in terms of such regulations as the Minister may prescribe.
(where “recovery
of waste” means the re-use, recycling or reclamation of waste or any other
process aiming to extract secondary raw materials or energy from such
waste)
Liability for payment of Eco-Contribution
The liability for
the payment of the eco-contribution shall lie with the producer. Where two or
more persons are liable for the payment of the contribution, their liability
under the Act shall be joint and several.
Time of payment of
eco-contribution
The eco-contribution shall be payable on a quarterly
basis in arrears on submission of the return relative to the preceding
quarter.
Power of the Minister to make regulations
The Minister
may make regulations for the better carrying out of the provisions of this Act
and such regulations may provide for the giving of a guarantee or other form of
security by producers in order to ensure the payment of the eco-contribution due
in terms of this Act, and the manner in which such guarantee or other security
may be enforced.
Enforcement and Sanctions
Any person who
contravenes or fails to comply with any of the provisions of this Act or of
regulations made thereunder shall be guilty of an offence, and shall be liable
to:
ï‚· a penalty of a fine (multa) not exceeding Lm5000; OR
ï‚· an amount
equal to three times the amount of the eco-contribution payable on the products
in respect of which the offence is committed, whichever shall be higher; OR
ï‚· to imprisonment for a term not exceeding six months; OR
ï‚· to both such
fine and imprisonment, in respect of any conviction.
Reasonable
excuse
An insufficiency of funds to pay an eco-contribution due shall not
constitute a reasonable excuse.
Right of Access
The Authority, or
any person appointed by it for such purpose, shall, upon the production of his
written authority and at all reasonable times, have the right to enter upon any
land, building or place for the purposes of inspecting any stocks, books,
records or documents, in order to ensure compliance with the provisions of the
Act.
Registration
Every producer must apply to the Competent
Authority on the prescribed registration form or on such other form approved by
the Competent Authority, within thirty days of entry into force of the Act or
within thirty days from the date on which a person becomes a producer in terms
of the Act, whichever is the later.
On registration, the producer must
inform the Competent Authority of his opening stock of products as at the date
of registration.
On registration, a registration number shall be assigned
to the producer.
Reporting
A producer shall submit to the
Competent Authority returns, on a quarterly basis, containing data:
(i) on
the volume of products brought into Malta or manufactured, as
applicable;
(ii) on the volume of products placed on the market during the
relative quarter;
(iii) on the eco-contribution payable thereon;
(iv) such
other information as may be required by the Competent Authority in such format
as shall be established by the Authority:
Provided that producers shall
be bound to submit the first return after the lapse of three months from entry
into force of the Act.
Records and statements
The producer shall
be required to:
(a) maintain, for all products of which he is or is deemed to
be a producer, accurate accounts and records of stock and product
movements;
(b) comply with all requests to monitor, check and produce for
inspection any accounts, records and any stocks of
products.
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