Changes in shipment after consent

If any changes are made to the details and/or conditions of a consented shipment, including but not limited to quantity, number of shipments, route, routing, or carriers, the notifier shall inform the competent authorities concerned and the consignee immediately and, where possible, before shipments commence.  In order to allow sufficient processing time, the ERA requires that a formal amendment request in writing (through e-mail), including all details and giving appropriate reasons, is lodged at least five (5) full-working days before any planned shipment(s). The ERA will only authorise an amendment after receipt of ‘no objection’ or consent from all other competent authorities concerned. If an amendment is determined favourably by the ERA, copies of the original amendment documents approved by the ERA including accompanying documentation shall be sent to all competent authorities concerned for their information by the notifier according to Article 17 of Regulation (EC) 1013/2006 on shipments of waste (WSR). Evidence of this transmission shall be forwarded to the ERA in writing (through e-mail). The ERA shall not be held responsible for any delays or cancellation of shipments due to late, invalid or incomplete requests. In case a request for amendment is not approved by any one of the competent authorities concerned, a new notification may have to be submitted.

Expiry of notification

A Notification shall expire if:

    • The date of validity indicated in Block 20 of the Notification Form has elapsed; or
    • All waste shipments allowed under the notification have been utilized before the expiry date; or
    • The maximum quantity of waste allowed under the notification is exceeded before the expiry date; or
    • If any of the competent authorities concerned withdraw their consent.

Interim operations

Shipments of waste may undergo interim operations in an interim facility before transport to a non-interim facility (multiple facilities are allowed as well) for final disposal/recovery operations. Most often interim operations consist of pre-processing or temporary storage of waste. For shipments of waste destined for interim operations, the notifier has to complete an Additional Movement Tracking Document which shall accompany the Movement Form throughout its route. Templates of this document are available from the ERA through this link. A list of interim operations can also be viewed below:

    • R12: exchange of wastes before recovery
    • R13: accumulation of wastes before recovery
    • D13: blending or mixing of wastes before disposal
    • D14: repackaging of wastes before disposal
    • D15: storage of wastes before disposal

Third party insurance requirements (Annex II No. 21 of Regulation (EC) 1013/2006 on shipments of waste)

When signing the declaration in Block 17 of the Notification document, a notifier is automatically confirming that an appropriate insurance against liability for damage to third parties is in place. This insurance must be effective at the time of the notification for the duration of the shipment until a certificate is issued in accordance with Article 15(e), Article 16(e) or, where appropriate, Article 15(d). Any competent authority concerned may also ask for a copy of such insurance arrangements. This requirement is separate and not related to the requirement to establish a financial guarantee or equivalent insurance pursuant to Article 6 of WSR.

Language

The official languages of the ERA are Maltese and English. A certified translation carried out by an independent warranted/qualified translator may be requested by the ERA for documents or communications received in other languages at expense of the notifier.

Pre-consented facilities

Competent authorities may issue a pre-consent to certain treatment facilities under their jurisdiction. Exports of waste destined for recovery to pre-consented facilities may be approved for up to three (3) calendar years as opposed to standard facilities where a notification can only be approved for a period not exceeding one (1) calendar year. Hence, notifiers are kindly requested to check whether the intended treatment facility is pre-consented and in case this confirmation is received, a copy of the said pre-consent in original language including a certified English translation thereof shall be submitted.

Time periods for the obtaining of a written decision

    • For shipments of waste destined for recovery or disposal within the Community, the competent authorities of destination, dispatch and transit shall have thirty (30) days following the transmission of the acknowledgement by the competent authority of destination to submit their decision and any imposed conditions to the notifier and all other competent authorities concerned. Tacit consent by a competent authority of transit may be assumed if no objection is lodged within the thirty (30) day time limit. Nonetheless, a written confirmation regarding the applicability of tacit consent is still required.
    • For shipments of waste destined for disposal within the Community with transit via one or more third countries, the competent authority of dispatch shall ask the competent authority of the third countries concerned whether they wish to send their written consent to the planned shipment. In case of parties to the Basel Convention, within sixty (60) days following the transmission of the acknowledgement by the competent authority of destination, unless it has waived this right in accordance with the terms of that Convention or in the case of countries not parties to the Basel Convention, within a period agreed between the competent authorities concerned.
    • For shipments of waste destined for recovery within the Community with transit via one or more third countries to which the OECD Decision does not apply, Article 31 of the WSR applies. However, when a shipment of waste takes place within the Community, including shipments between localities in the same Member State, with transit via one or more third countries to which the OECD Decision applies and the waste is destined for recovery, the consent referred to in Article 9 may be provided tacitly. Therefore, if no objection is lodged or no conditions have been specified, the shipment may start thirty (30) days following the transmission of the acknowledgement from the competent authority of destination.

Refunds of applicable fees

Notification processing fees are non-reimbursable and non-transferable. Any request for refund of movement document processing fees must be sent via e-mail on [email protected] within two (2) months following the expiry of the notification. The ERA may resolve not to process any requests for refund of these fees if such request is not received within the stipulated timeframe.

Release of a financial guarantee or equivalent insurance

After the commencement of shipments following the receipt of consents (written tor tacit as applicable) from all competent authorities concerned and confirmation that the financial guarantee/ equivalent insurance is satisfactory, a request for the release of a financial guarantee or equivalent insurance may be made after submission of any pending recovery or disposal certificates (Block 19 of the Movement Form). If a financial guarantee or equivalent insurance is released during the period of validity of a Permit, further shipments cannot proceed until such time that a new financial guarantee or equivalent insurance is submitted to the ERA and confirmed as satisfactory.

In cases where a financial guarantee or equivalent insurance covers multiple notifications and certain notifications are still active, the guarantor/notifier may request the release of specific notifications from the said financial guarantee or equivalent insurance after submission of any associated pending recovery or disposal certificates. The release of any withdrawn or dismissed notifications may also be requested and in such cases submission of pending recovery or disposal certificates is not applicable.

Written confirmation from the ERA (through an official letter addressed to the local banking institution or insurance company) is required for each financial guarantee/equivalent insurance amendment which necessitates the release or replacement of notification and/or a reduction in the amount of the financial guarantee or insured sum (as applicable). In cases where a financial guarantee/equivalent insurance amendment is related to the addition of notifications or an increase in the amount of the financial guarantee or insured sum (as applicable), a prior written confirmation from the ERA is not required. However, in all cases the original financial guarantee/equivalent insurance amendment must be sent to the ERA.

Requests in writing shall be made to the ERA via e-mail on [email protected]. The ERA reserves the right to refuse any financial guarantee or equivalent insurance including their amendments which are not in line with the requirements of WSR, the Environment Protection Act and internal standard policies and procedures.

Signatories for TFS notifications

All notifiers shall ensure that only authorised legal representatives of the company are listed as a contact person in Block 1 of the notification and movement form and any other relevant documentation including but not limited to statutory contracts. Furthermore, only such authorised legal representatives shall sign the notification form in Block 17 and movement form in Block 15 as well as any other official documentation as part of the notification including but not limited to statutory contracts, documentation related to financial guarantees, declarations, etc. In cases where a notifer is acting as a registered broker or dealer pursuant to Article 2 iv) & v) of Regulation (EC) 1013/2006 on shipments of waste, the notifier is also required to ensure that any contact person or signatory on behalf of the original waste producer(s) is an authorised legal representative of the said company.

Where a company wishes to delegate/appoint an employee, who is not listed as an authorised legal representative of that company in the Memorandum and Articles of Association, as a contact person and/or signatory for the purpose of documentation related to transboundary movements of waste, a Board Resolution signed by all company’s directors, to this effect may be prepared and submitted accordingly as part of the notification dossier. Alternatively, a letter confirming the existence of such Board Resolution, signed and dated by the Company’s Secretary (including. ID Card Number) may also be accepted instead. In cases where the above requirements are not fulfilled, the notifier may either be requested to update the relevant documentation as necessary or to supply additional documentation/information with the possibility of subsequent suspension and dismissal of the notification.

N.B. The above is not applicable in cases where the notifer or waste producer is a private person, Government Ministry or Entity.

Submission of chemical analysis and/or HP criteria assessment

A chemical analysis and/or a desk-based HP criteria assessment, in accordance with Annex 3 of Directive 2008/98/EC, may be requested on a case-by-case basis to assist in the assessment of the composition and hazardous properties of the waste intended for export. These documents may be requested in case export of any of the following wastes is foreseen:

    1. Dredging waste
    2. Wastes consisting of mixture whose composition is unknown or not clear.
    3. Wastes originating from exceptional circumstances including major accidents.
    4. Wastes whose nature or origin is unknown.
    5. Waste which the ERA does not have any previous knowledge upon.

This list shall not be considered as exhaustive.

Last updated on: 28/09/2023.