Established criteria define the overall degree of environmental risk posed by shipments of waste, which subsequently determine the applicable control procedures. Shipments of waste posing a low or minimum environmental threat are generally subject to Article 18 controls (general information procedure). On the other hand, the more stringent Article 4 controls (prior informed consent procedure) apply to shipments of waste having a significant environmental risk. In terms of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste known as the Waste Shipment Regulations (WSR) and the Waste Management (Shipment of Waste) Regulation (S.L.549.65), the Environment and Resources Authority (ERA) is the competent authority in Malta responsible for Transfrontier Shipment (TFS) of waste.

Waste shipments subject to the prior informed consent procedure under Maltese jurisdiction shall only take place once the ERA issues its consent in writing. A notification (i.e. application) must cover a shipment of waste from its first place of loading until its interim and non-interim recovery or disposal is completed. To apply for exports of waste from Malta in line with this procedure, the notification has to be submitted to the competent authority of dispatch, (the country of export) against payment of applicable fees. Later on, following the completion of various processing stages, consent has to be sought from the competent authorities of destination and transit (if applicable) after the notification dossier is transmitted to all competent authorities concerned by the ERA (as competent authority of dispatch).

Kindly refer to the table below to view the administrative fees charged by the ERA:

​​Application fee for Transit of waste subject to Written Notification and Consent Procedure ​€250
​Application fee for Export of waste subject to Written Notification and Consent Procedure ​€350
​Application fee for Import of waste subject to Written Notification and Consent Procedure €500
​Processing of Movement Form (per shipment) ​€35

Procedure for export of waste subject to Article 4

Anyone intending to export waste subject to the prior informed consent procedure must contact the Environmental Permitting Unit through e-mail on [email protected] and provide the following details:

    • Description of the waste
    • Details of notifier
    • EWC code/s
    • Type of operation (recovery/disposal)
    • Country of destination

Once this information is vetted, a new notification number will be issued. This is required to complete various documentation in partial fulfilment of the notification. Preparation of a new notification should start weeks in advance before submission. Afterwards, the process described in the next sections will commence.

As well as completing and submitting the notification, notifiers must also make sure that:

    1. they have an insurance policy for cover against liability for damage to third parties;
    2. they comply with any other relevant legislation concerning moving, recovering/disposing of waste including but not limited to packaging and transport of dangerous goods;
    3. the waste is dealt with in an environmentally sound manner at all times, including when it is being recovered or disposed of in the country it is shipped to; and
    4. they obtain all necessary permissions from the regulatory authorities (‘competent authorities’) concerned in all interested countries before moving the waste.

N.B. Any requirements making reference to insurance policies against liability for damage to third parties shall include cover for material and immaterial damages including in cases of bodily injuries and death.

Section A: General requirements

The notifier must be in possession of a valid IPPC/Environmental Permit (as applicable) if the exporter is either:

    1. a licensed new producer who carries out waste management operation/s prior to shipment; OR
    2. a licensed collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location .

In the event that a broker acts as the notifier, a valid waste broker registration is required to export waste from Malta.

Original waste producers opting to export their waste directly from site of generation without using the services of third parties are not subject to the above requirements and may apply to export their waste accordingly.

Section B: Completion of a notification

The ERA recommends that the notification dossier is split in five appendices. Kindly refer to the instructions below for more information regarding the relevant and appropriate documentation to be included as part of the notification dossier:

 Appendix A: General information

    • Notification Form [Download Template]
    • Movement Form [Download Template​]
    • Additional movement tracking document (applicable if the waste is destined for an interim treatment operation) [Download Template]
    • Annex 1: List of intended carriers including shipping agents & freight forwarders.
    • Annex 2: Intended routing (point of exit and entry into each country concerned) and intended route (route between points of exit and entry) including possible alternatives in case of unforeseen circumstances (including maps).
    • Annex 3: List of waste producers (not applicable if the notifications only caters for exports from a single waste producer).
    • Annex 4: Contact details of all competent authorities concerned.
    • ​Annex 5: Description of the production process of the waste.
    • Annex 6: Description of the treatment process of the facility which receives the waste.
    • Annex 7: Special handling precautions, such as those required by producers’ handling instructions for employees, health and safety information, including information on dealing with spillage, and instructions in writing for the transport of dangerous goods. Reference may also be made to the ADR [i.e. The European Agreement concerning the International Carriage of Dangerous Goods by Road] (only applicable if the waste possesses any special handling requirements and hazardous wastes).
    • Annex 8: Material Safety Data Sheet or chemical analysis and accompanying HP criteria assessment (applicable on a case-by-case basis). Please refer to the ‘Additional information’ webpage for further details.
    • Annex 9: Additional information for notifications destined for recovery (only applicable for shipments destined for recovery):
      1. the planned method of disposal for the non-recoverable fraction after recovery;
      2. the amount of recovered material in relation to non-recoverable waste;
      3. the estimated value of the recovered material; and
      4. the cost of recovery and the cost of disposal of the non-recoverable fraction.

N.B. The order of the Annexes may change according to the specific requirements of each notification.

Appendix B: Statutory contracts

A legally enforceable contract between the notifier (applicant) and consignee has to be submitted if the two parties concerned are not under the control of the same legal company/entity. This contract must include all obligations specified in Article 5 of the WSR and shall be concluded and effective at the time of notification and 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). If a waste stream is destined for interim recovery or disposal operations, additional obligations apply.

Furthermore, in the event that a broker or dealer acts as the notifier, a legally enforceable contract between the waste producer and the broker/dealer is also required. This contract must include obligations which need to be fulfilled by both parties and shall be concluded and effective at the time of notification and 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).

Contract templates are available from the ERA upon request. No changes to the standard text in these templates are allowed.

Appendix C: Financial guarantee or equivalent insurance

Shipments of waste subject to the prior written informed consent procedure must be covered by a financial guarantee or equivalent insurance before waste leaves production or pre-processing/storage site. The intent is to ensure that sufficient funds are made available by the notifier to allow the competent authority to fulfil take back obligations in case a shipment cannot be completed. All financial guarantees or equivalent insurances must be issued by a local banking institution or insurance company licensed by the Malta Financial Services Authority and must be in favour of the ERA. The original financial guarantee or equivalent insurance must be delivered to the ERA where it is kept until a request for its release in writing (through e-mail) is made by the guarantor following submission of all recovery/disposal certificates.

If the notifier is unable to provide evidence of a financial guarantee or equivalent insurance prior to commencing shipments, a letter of intent may be submitted instead. The letter of intent (i.e. template available from the ERA) consists of a declaration from the notifier confirming his/her intentions to submit a financial guarantee or equivalent insurance while the notification is being assessed by the respective competent authorities. The competent authorities concerned may still provide their consent despite no financial guarantee or equivalent insurance is in place. However, shipments shall not commence until the original financial guarantee or equivalent insurance is received and approved by the ERA.

The validity period of the financial guarantee or equivalent insurance must commence on the date of authorisation (Notification Form Block 6) until all disposal/recovery certificates issued by the treatment facility are received by the ERA. However, the ERA understands that financial institutions may wish to limit their liabilities to specific dates. Therefore, a validity period of two (2) years from the date of authorisation is suggested to allow sufficient time for shipments to take place and waste to be treated after the notification expires. If any disposal/recovery certificates are pending prior to the expiry of a financial guarantee or equivalent insurance, the guarantor must inform the ERA in writing (through e-mail) a minimum of two (2) weeks before its expiry about his/her intentions to submit any pending recovery/disposal certificates or to renew the financial guarantee or equivalent insurance. The ERA may proceed to claim the financial guarantee or equivalent insurance for any shipments pending disposal/recovery certificates unless within at least two (2) full working day prior to expiry:

    • the notifier contacts the ERA in writing (through e-mail) giving reasons for any delays or about his/her intentions to renew the financial guarantee or equivalent insurance; or
    • the original renewed financial guarantee or equivalent insurance is received and approved by the ERA.

In circumstances where such arrangement is not possible, the ERA shall evaluate each occurrence on a case-by-case basis as long as this does not comprise the ability of the ERA to meet its obligations.

The assessment of financial guarantees or equivalent insurances is facilitated through their submission in a standard format. For this purpose, templates for the financial guarantee and equivalent insurance are available from the ERA upon request. The wording used shall be followed as closely as possible, subject to minor variations to accommodate individual banking/insurance practices or procedures. The use of a non-standard financial guarantee or equivalent insurance or significant variations thereof may result in delays for approval. More information is available on ‘Additional information’ webpage.

A financial guarantee or equivalent insurance can be released after the ERA receives all recovery/disposal certificates pertaining to the said notification. The guarantor/notifier shall submit a request in writing (through e-mail on [email protected]) for its release to initiate this process.

In order to calculate the amount of the financial guarantee or equivalent insurance, the notifier shall provide the ERA with the following information in an appropriate document:

    • Container size;
    • Number of active shipments covered by the financial guarantee or equivalent insurance (i.e. the maximum number of shipments that the notifier intends to have in transit and awaiting disposal or recovery, at any one time, subject to the issuing of recovery/disposal certificate/s);
    • Maximum quantity of waste to be covered by each active shipment;
    • Disposal/recovery cost per tonne;
    • Shipping costs from the facility/storage site in Malta to the recovery/disposal facility abroad; and
    • Storage costs for ninety (90) days at the last port of call. Storage arrangements in alternative locations may also be accepted on a case-by-case.

All costs provided must reflect the actual costs excluding any discounts based on predetermined agreements or preferential costs which cannot be extended to the ERA. The financial guarantee or equivalent insurance covering costs for transport, recovery or disposal and storage of waste must be calculated as follows:

Size of financial guarantee or equivalent insurance = N [3(SH+ST) + T (Q)]

    • N = number of active shipments
    • SH = Cost of shipment from the waste generator to the treatment facility
    • ST = Cost of storage for 90 days at the last port of call
    • T = Cost of treatment (per tonne)
    • Q = Quantity of waste (tonne)

N.B. Please note that this formula is only used for guidance purposes.

Appendix D: Documentation related to the treatment facility(ies)

A signed and dated declaration from the interim (where applicable) and/or non-interim facility(ies) confirming that the said facility is duly in possession of a valid environmental authorisation from the relevant competent authority for the receipt of the waste intended for export and to undergo the treatment specified in the notification is required. If such declaration is only available in languages other than English, a certified English translation thereof must also be submitted. The validity of the declaration shall not exceed one (1) year from the date of issue.

With respect to the content of above declaration please also note the following:

    1. The duration of the said environmental authorisation shall be specified. In case the authorisation is subject to an unlimited duration this must be mentioned accordingly.
    2. The reference number of the environmental authorisation and the details of the issuing competent authority shall be specified.
    3. The EWC Code and disposal/recovery operation shall be duly listed.

Alternatively, if such declaration cannot be submitted, the below requirements apply.

A copy of the relevant environmental authorisation (license certificates) of the disposal/recovery facility (for both interim and non-interim facilities if applicable) under which the latter operates according to import state law (for EU Member States pursuant to Directive 2010/75/EU of the European Parliament and the Council on industrial emissions) has to be provided including any variations of the original authorisation. The authorisation normally includes information such as type and duration as well as the categories of waste which can be accepted in the waste management facility. All original documentation which is not issued in or English language must be accompanied by a certified English translation thereof.

N.B. Certified English translations are only accepted by an independent and warranted or qualified translator.

In cases where the required information cannot be ascertained following assessment of the environmental authorisation (ex. in cases were the validity of the authorization and/or list of waste acceptance and/or recovery/disposal operation are not specified and in other specific circumstances deemed necessary) a declaration issued by the competent authority concerned in English language shall also be submitted by the notifier. Such declaration should clearly quote the environmental authorisation reference number, state that the disposal/recovery facility is currently in possession of a valid environmental authorisation issued by the competent authority concerned (include details of competent authority) to accept and treat waste classified as EWC Code/s XX XX XX for operation XX (refer to Annexes I & II of Directive 2008/98/EC on waste). Reference to any applicable import state legislation concerning the validity/waste acceptance/treatment operation of the environmental authorisation shall also be included.

For any notifications for the export of waste outside of the European Union, the ERA reserves the right to request an actual copy of the environmental license of the treatment facility in original language including a certified English translation thereof and any other documents which may be deemed necessary for the assessment of the notification.

Apart from the above requirements related to the environmental authorisation of the treatment facility(ies), a copy of a valid insurance policy against liability for damage to third parties for the disposal/recovery facility shall also be provided including full terms and conditions. If such document is only available in a language other than English, a certified English translation thereof must also be submitted.

Appendix E: Carrier’s documentation

The following documents related to prospective waste carriers (which should correspond to the list provided in Annex 1 of Appendix A) have to be included as part of the notification dossier:

    • Waste Carrier registration: Relevant license certificates (and/or authorisation/registration numbers) of all intended transport companies for the movement of waste according to export/transit/import state law to be provided for each prospective carrier, where applicable. If such document is not issued in English language, a certified English translation thereof must also be submitted.
    • Insurance Certificate: Copy of a third party liability insurance certificate for transport companies transporting the waste by road or rail and vessels transporting the waste by sea, which must cover damage to third parties including persons arising from the movement of waste. If such document is not issued in English language, a certified English translation thereof must also be submitted

OR

If the above documents cannot be obtained, a letter of declaration (standard template available from the ERA) from each carrier declaring that they are licensed to transport dangerous goods according to export/transit/import state law may be submitted instead. The carriers also need to disclose whether the said vehicles/vessels are insured for third party liability, covering damages to third parties including persons arising from the movement of the waste.

N.B. The ERA may still request further information/documentation pursuant to Part 3, Annex II of WSR on a case-by-case basis.   

Standard prior informed consent procedure

    1. A copy of the original notification shall be submitted in .pdf format via e-mail on [email protected], clearly indicating TFS Notification reference in subject. Due to e-mail data restrictions, notifiers may also opt to send a copy of the original notification using file sharing software. Nonetheless, all documents must still be sent in .pdf format. Notifiers must ensure that all documents are in the correct order (i.e. Appendices, Annexes, etc.) otherwise these may be referred back without processing.
    2. The above shall be accompanied by evidence of payment of the applicable notification and movement document processing fees. An invoice for payment can be issued upon request before completing payment. Payment must be carried out online directly through our payment gateway.
    3. Upon completion of steps 1 & 2 above, the ERA will issue receipt/cash sale and commence processing of the notification.
    4. The notification will be vetted and validated. If further information is required, the notifier will be informed accordingly via e-mail. In case no further information is required, the notification will be validated and the ERA will proceed directly to step 5. The notifier will be informed once the notification is validated. If a notification is not validated within sixty (60) days following submission of a notification this will be referred for dismissal.
    5. The notification is assessed by the ERA and if further information is required the notifier will be informed accordingly via e-mail. In case the notification is satisfactory, the ERA will proceed directly to step 8.
    6. The notifier shall submit the required information in .pdf format. It is important that such submission does not include any documents which have already been reviewed by the ERA.
    7. Steps 5 & 6 are repeated until the notification is considered satisfactory. If the additional information requested (if any) is not received and processed within sixty (60) days of the first review, the notification will be suspended for a period of forty (40) days. Submissions may still take place during the suspension period. If the reviewing process is not completed prior to the expiry of the suspension period, the notification will be referred for dismissal.
    8. Once the notification is considered completed to the satisfaction of the Authority, the notifier will be requested to submit a soft copy of the updated consolidated original notification for endorsement in line with instructions given in step 1.
    9. Following endorsement of the consolidated notification, cover letters will be sent to the notifier through e-mail including instructions to send the original notification dossier and copies thereof directly by the notifier to all parties concerned [i.e. competent authority of destination, consignee and competent authority(ies) of transit (if applicable)]. The notifier will be reminded that the original notification dossier (which shall include the original signed and dated notification document) shall be transmitted to the competent authority of destination. This transmission will also include the following statement:

                                                                                                                                                                      “The Authority shall not be held liable for the unsuccessful delivery of your notification to all parties concerned and for the omission/inclusion of documents other than those approved in our endorsed consolidated notification.”

    10. Upon collection of the notification dossiers by courier (from applicant’s premises), the notifier must submit scanned copies of waybills as evidence of delivery within three (3) working days following the receipt of the ERA’s instructions. Any associated fees must be paid by the notifier.
    11. The ERA will also transmit an electronic copy of the notification dossier and accompanying cover letters to all parties concerned.
    12. Subsequently, following the assessment of the notification by all other competent authorities concerned including any requests for additional information/documentation, each competent authority shall communicate its decision in writing as follows:
      • Consent without conditions;
      • Consent with conditions;
      • Objection

In certain cases, tacit consent may be assumed from competent authorities of transit. After the competent authority of destination transmits its decision, the ERA’s decision will follow. If a consent is granted by all competent authorities concerned and a financial guarantee or equivalent insurance covering the notification is received and approved by the ERA, shipments can commence in accordance to the Movement Document Tracking Procedure subject to clearance from our Compliance and Enforcement Unit.

Any interested parties are kindly requested to follow the above procedure to ensure a timely processing of the notification. The ERA reserves the right to decline processing notifications which do not comply with the above procedure (and standard requirements) and to supplement or amend the above mentioned procedure with a minimum three (3) days’ notice.

Waste imports/transits:

Kindly contact the TFS permitting Team on [email protected] for information regarding applicable procedures.

Export/transit/import of end-of-life vessels or other floating structures for recovery/disposal:

In the case of exports of ships (please refer to the definition laid down in Regulation (EU) 1257/2013 on ship recycling) kindly contact the TFS Permitting Team via e-mail on [email protected] to obtain further information about applicable requirements.

Compliance following authorisation

The notifier is responsible for all information included in the notification and any wrong declarations or information may be investigated accordingly. Shipments of waste may only take place after fulfilment of Article 16(a) and (b) and during the period of validity of the written and tacit (if any) consents granted by all competent authorities concerned. The ERA reserves the right to suspend or withdraw its consent and inform the notifier and all competent authorities concerned in writing (through e-mail) in case of any infringements or for any reason deemed appropriate by the Authority. Kindly contact the Compliance & Enforcement Unit on [email protected] for any queries regarding the Movement Document Tracking Procedure.

Last updated on: 28/09/2023.