Established criteria define the overall degree of environmental risk posed by shipments of waste which subsequently determine the control procedures that shall apply for transboundary movements of waste. Shipments of waste posing minimum or no environmental threat are generally subject to Article 18 controls (general information procedure). Meanwhile, more stringent Article 4 controls (Prior Written Notification and Consent Procedure) apply to shipments of waste having 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 under Maltese jurisdiction subject to the Prior Written Notification and Consent Procedure can only take place once the ERA issues its consent in writing. A Notification (application) shall 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, the application has to be submitted to the competent authority of dispatch, (the country of export) against payment of application and processing fees. Subsequently consent also 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 for viewing of the applicable 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|
*Please note that application fees are non-reimbursable and non-transferable.
Procedure for export of waste subject to Article 4
Anyone intending to export waste subject to the Prior Written Notification and Consent Procedure should contact the Environmental Permitting Unit on email@example.com and include the following details:
- Description of waste
- Details of notifier
- EWC code/s
- Type of operation (recovery/disposal)
- Country of destination
Once this information is validated, a new notification number will be issued. This is required to complete all relevant documentation. Preparation of the new notification should start weeks in advance before submission. Afterwards, the process described in the next sections shall commence.
As well as completing and submitting the notification, applicants must also make sure that:
- they have insurance to provide cover for any liabilities if the shipment causes harm to third parties;
- they comply with all other relevant legislation concerning moving, recovering or disposing of waste example regarding packaging and carrying of dangerous goods;
- 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
- they obtain all necessary permissions from the regulatory authorities (‘competent authorities’) in all countries concerned before moving the waste.
Section A: General requirements
A valid IPPC or Environmental Permit issued by the ERA is required if the applicant carries out any waste management operation/s in his/her facility/site. These authorisations guarantee that the type of waste intended for export can be either produced or stored in this facility/site. In the event that a broker or dealer acts as the notifier, a valid Waste Broker registration issued by the ERA is required to export waste from Malta.
Section B: Completion of Notification
The Notification dossier submitted to the ERA must consist of five Appendices. Kindly refer to the list below for more information regarding the relevant and appropriate documentation to be included as part of the Notification:
Appendix A: General Information
- Notification Form [Download Template]
- Movement Form [Download Template]
- Annex 1: List of waste carriers
- Annex 2: Details of shipping route
- Annex 3: List of waste generators
- Annex 4: Contact details of all competent authorities
- Annex 5: Material Safety Data Sheet (if any)
- Annex 6: Description of the production process of this waste stream
Appendix B: Statutory Contracts
A legally enforceable contract between the notifier (applicant) and consignee (receiving facility) has to be submitted if two establishments are not under the control of the same legal entity. This contract must include all obligations specified in the WSR and shall be concluded and effective at the time of notification until expiry. If a waste stream is destined for interim recovery or disposal operations, additional obligations are obligatory.
Furthermore, in the event that a broker or dealer acts as the notifier, a legally enforceable contract between the waste generator/producer and the broker or dealer is also required. This contract must include obligations which need to be fulfilled both entities and shall be concluded and effective at the time of notification until expiry.
Contract templates are available upon request and no changes shall be made to these documents otherwise these will not be accepted.
Appendix C: Financial guarantee or equivalent insurance
Shipments of waste subject to the prior written notification and consent procedure must be covered by a financial guarantee or equivalent insurance before waste leaves production or pre-processing/storage site. The purpose is to ensure that enough finances are made available by the notifier to the competent authority to fulfil take back obligations in case of any accidents or legal infringements. All financial guarantees or equivalent insurances must be issued by a local banking institution or insurance company licensed by the MFSA and shall be in favour of the ERA. The original financial guarantee or equivalent insurance must be delivered to the ERA where it will be kept until a request for its release in writing (through e-mail) is made by the guarantor.
If the notifier is unable to provide evidence of the financial guarantee/insurance prior to commencing shipments, a letter of intent may be submitted. The letter of intent consists of a declaration from the notifier regarding his/her intentions to submit a financial guarantee or equivalent insurance while the Notification is reviewed by the respective competent authorities. The ERA can still issue its consent despite no financial guarantee or equivalent insurance is in place. However, shipments cannot commence until the original financial guarantee or equivalent insurance is received and approved.
The validity period of the financial guarantee/ insurance must commence on the date of authorisation (Notification Form Block 6) until all disposal/recovery certificates issued by the consignee 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 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 or recovery certificates are pending prior to the expiry of a financial guarantee/insurance, the guarantor must inform the ERA in writing (through e-mail) a minimum of two weeks before expiry about his/her intentions to submit pending recovery/disposal certificates or renew the financial guarantee/insurance. The ERA will proceed to claim the financial guarantee/insurance for any pending disposal or recovery certificates if within at least one full working day prior to expiry:
- The guarantor fails to contact the ERA in writing (through e-mail) giving reasons for any delays or other issues about his/her intentions to renew the financial guarantee/insurance, or
- The original renewed financial guarantee/insurance is not received and acknowledged by the ERA.
In circumstances where such arrangement is not possible, the ERA shall evaluate each case on a case by case basis as long as this does not comprise the ability of the Authority to meet its obligations.
The assessment of financial guarantees or equivalent insurance shall be facilitated by their submission in a standard format. For this purpose, templates of 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. Changes to the wording of the standard templates will be referred internally for legal advice as to whether such changes are significant. The use of non-standard financial guarantee/insurance or significant variations from the standard template may lead to delays for acceptance.
The financial guarantee/insurance can be released when the ERA receives all recovery or disposal certificates pertaining to the said Notification. However, the guarantor/notifier shall make a request in writing (through e-mail) for its release.
In order to calculate the amount of the financial guarantee/insurance, the notifier shall provide the ERA with the following information in an appropriate document:
- Number of active shipments covered by the financial guarantee/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.)
- Quantity of waste to be covered by each active shipment
Disposal cost per tonne
- Shipping costs from the facility/storage site in Malta to the recovery/disposal facility abroad
- Storage costs for 90 days at the last port of call
The financial guarantee or equivalent insurance covering costs for transport, recovery or disposal and storage of waste can 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 receiving 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)
(Please note that this formula is only used for guidance purposes)
Appendix D: License certificate of the disposal/ recovery facility
A copy of the relevant authorization (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 authorization. This authorization usually includes information such as type and duration as well as the categories of waste which can be accepted in this waste management facility. All original documentation which is not available in Maltese or English language must be accompanied by a certified English translation thereof.
In cases where the required information cannot be ascertained following assessment of the environmental authorization (eg. 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 applicant. Such declaration should clearly quote the environmental authorization reference number, state that the disposal/recovery facility is currently in possession of a valid environmental authorization 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 authorization must also be included.
Furthermore, a copy of a valid insurance policy against liability for damage to third parties covering the disposal/recovery facility shall also be provided.
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 in 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.
- Insurance Certificate – Copy of a third party liability insurance certificate for vehicles transporting the waste by road and vessels transporting the waste by sea for each transport company, which shall cover damage to third parties including persons arising from the movement of waste.
If the above documents cannot be obtained, a letter of declaration from each carrier declaring that they are licensed to transport dangerous goods according to export/transit/import state law can be submitted. The carriers also need to disclose whether their vehicles/vessels are insured for third party liability, covering damage to third parties including persons.
Standard Written Notification and Consent Procedure
- The Notification dossier including all original documentation must be submitted to the ERA against payment of application and movement document processing fees.
- The Notification dossier is reviewed by the ERA and any required changes or missing information will be referred back to the attention of the notifier.
- Once the Notification dossier satisfies the requirements of the Authority, the ERA will initiate the formal notification procedure on behalf of the notifier, and transmit the Notification to all competent authorities concerned. For this purpose, once all relevant documentation is in place, the notifier has to collect the original Notification dossier together with the accompanying covering letters to make an appropriate number of copies which need to be returned to the ERA. The original Notification dossier is transmitted by the ERA to the competent authority of destination with copies to the consignee and competent authorities of transit (if applicable). The notifier is kindly requested to make the necessary arrangements including payment of relevant fees with a courier company of his/her choice to collect the documents from the ERA’s premises when the original Notification dossier and copies are returned.
- Once the competent authority of destination is satisfied with the Notification, it shall transmit an acknowledgement (Notification Form Block 19 completed) to the notifier with copies to all competent authorities concerned. This shall be done within three working days of receipt of the properly completed Notification.
- Subsequently, all competent authorities shall communicate their decision in writing according to the following:
- Consent without conditions;
- Consent with conditions;
After the competent authority of destination transmits its decision, the ERA’s decision shall follow. If consent is given by all competent authorities concerned and a financial guarantee or equivalent insurance covering the notification is received and acknowledged by the ERA, shipments can commence in accordance to the Movement Document Tracking Procedure. Please refer to the sections below for more information regarding time periods for consent.
Any interested individuals are kindly requested to abide by the above procedure to ensure a timely processing of documentation. The ERA reserves the right to supplement or amend the above mentioned procedure as necessary.
Kindly contact the Environmental Permitting Unit on firstname.lastname@example.org for information regarding the TFS procedure for imports/transits of waste.
Export/transit/import of vessel for recovery or disposal:
Kindly contact the Environmental Permitting Unit on email@example.com for information regarding applicable procedures.
Compliance following authorisation
Please note that all information included in the Notification is the sole responsibility of the notifier and any wrong declarations or information shall be investigated accordingly. All shipments of waste may only take place after fulfillment of Article 16(a) and (b) and during the period of validity of the tacit and written consents of 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 as deemed appropriate by the Authority. Kindly contact the Compliance & Enforcement Unit on firstname.lastname@example.org for any queries regarding the Movement Document Tracking Procedure.
Last updated: 19/11/2020