S.L. 549.176 Art. 12Applicabilityofthe Criminal Code.  Cap. 9.

The provisions of articles 23 and 30 of the Criminal Code shall apply mutatis mutandis, to proceedings in respect of offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one (1) year.

SCHEDULE 1 (regulation 4)

WRITTEN MANDATE DECLARATION

Name of Producer:

Address:

hereby appoints

Name of legal or natural person established in Malta:

Address:

as the producer’s authorised representative in Malta in (FISHING GEAR CONTAINING PLASTIC)

accordance with regulation 4.

Name of legal or natural person established in Malta:

hereby represents and undertakes the responsibilities as the authorised representative in Malta for

Name of Producer:

in accordance with the Extended Producer Responsibility (Fishing Gear Containing Plastic) Regulations (S.L. 549.176).

This mandate, signed by both parties, commences on the date of signature unless otherwise declared, and shall cease once either party informs the competent authority in Malta managing the national register that this mandate has been terminated.

On one part,

Name of Producer:

Signature:

Date:

On the other part,

Name of Authorised Representative:

Signature:

Date:

SCHEDULE 2 (regulation 8)

INFORMATION WHICH SHALL BE SUBMITTED ON APPLYING FOR AN AUTHORISATION TO OPERATE A PRODUCER RESPONSIBILITY ORGANISATION UNDER THESE REGULATIONS

Part A: Information which shall be included in an application for registration of a producer responsibility organisation

- The name of the producer responsibility organisation;

- The name of the operator and, where the operator is a partnership, the names of all the partners;

- The address and telephone number of the registered office of the operator or if not a company, the main place of business of the operator, and, if more than one, all the operators; and - A signed declaration stating that the information provided is truthful.

Part B: Information which shall be included in the work plan to operate a producer responsibility organisation

- A copy of the Memorandum and Articles of Association;

- A copy of the Certificate of Registration issued by the Registry of Companies, where applicable;

- A business and financial plan in relation to the proposed organisation;

- Quality Control and Quality Assurance measures to be adopted by the proposed organisation;

- Administrative measures to be adopted to ensure effective control of the process;

- A copy of the rules of membership of the producer responsibility organisation;

- A description of the modalities whereby the objectives of regulation 4 shall be achieved together with details of the membership fee structure;

- A description, including projected amounts by weight and number of items of fishing gear containing plastic placed on the national market by the producers participating in the organisation;

- Proposals for an adequate guarantee referred to in regulation 7(8), intended to cover the costs established in sub-regulations (6) and

(7) of regulation 4 in case the authorisation is revoked or in case of permanent cessation of its operation or insolvency;

- Proposals for the calculation of the costs referred to in sub-regulations (6) and (7) of regulation 4, including the provision of the necessary waste-collection infrastructure required to be installed at producers’ premises or other designated areas or premises as referred to in regulation 4(8);

- Proposals of how the information under the provisions of these regulations shall be compiled and made available to the Authority;

- Proposals for meeting the annual collection rate of waste fishing gear containing plastic;

- Intended public awareness campaigns to be financed and, or organised by the proposed organisation;

- Projected date of commencement for the activity; and (FISHING GEAR CONTAINING PLASTIC)

- Any other relevant information as required by these regulations or as requested by the Authority.

SCHEDULE 3 (regulations 7 and 8)

LIST OF AUTHORISED SIGNATORIES

For the purposes of issuing and signing official documentation including correspondence, the competent authority shall only accept documentation from a producer or an authorised producer responsibility organisation that is signed by the following:-

- A natural person, if the producer is a natural person; or

- A partner, where the producer or an authorised producer responsibility organisation is a partnership; or

- A director or company secretary of that company, where the producer or an authorised producer responsibility organisation is a company registered in Malta; or

- A person who has control or management of the body, where the producer or an authorised producer responsibility organisation is an unincorporated body; or

- The president or any other member of the committee of management, where the producer or an authorised producer responsibility organisation is a co-operative.

SCHEDULE 4 (regulation 7)

INFORMATION TO BE CONTAINED IN AN APPLICATION FOR REGISTRATION OR RENEWAL

Part A: Information to be submitted upon registration:

- Name and address of the producer and where:

(i) the producer is a company, the registered office;

(ii) the producer is not a company, the principal place of business;

- National identification code of the producer, including the national tax number and the company number,where applicable, of the producer;

- The NACE Code and the employment size of the company, where applicable; - The details of the contact person to whom the competent authority shall address any communications;

- Details on the commercial nature of the producer,e.g. manufacturer, importer or distance seller;

- Type of fishing-gear containing plastic placed on the market;

- A signed declaration stating the information provided is truthful;

- The date of the application for registration; and

- Name of the Producer Responsibility Organisation that the producer is a member of and a copy of the agreement with such Organisation.

Part B: Information to be submitted upon renewal

- Registration number of the producer and any national identification code of the producer, including the national tax number and the company number,where applicable, of the producer;

- The NACE Code and the employment size of the company, where applicable;

- Quantities of fishing-gear containing plastic placed on the national market, by weight and number of items during the specific reporting period in accordance with the reporting formats to be established by the competent authority;

- A signed declaration stating that the information provided is truthful;

- The date of the application for renewal of registration;

- An appropriate description of how the data has been compiled, including any explanation of any estimates used; and

- Name of the Producer Responsibility Organisation that the producer is a member of and an affirmation of the agreement with such Organisation.

SCHEDULE 5 (regulation 6)

ADMINISTRATIVE PENALTIES FOR NON-REGISTRATION AND NON-RENEWAL

- Any producer who fails to apply for registration in accordance with sub-regulation (1) of regulation 6 shall be liable to an administrative penalty of two thousand five hundred euro (€2,500) per (FISHING GEAR CONTAINING PLASTIC)

tonne of fishing gear containing plastic placed on the market from the first placing of the fishing gear containing plastic on the market until he applies for registration.

- Any producer who fails to renew his registration by the end of the year in accordance with sub-regulation (1) of regulation 6 shall be liable to an administrative penalty of two thousand five hundred euro (€2,500) per tonne of fishing gear containing plastic placed on the market from the beginning of the year in which he should have renewed until he applies for renewal:

Provided that where the authorised producer responsibility organisation has agreed to register or renew the registration of a producer on his behalf, the penalties above-mentioned shall, in either case, be due by the authorised producer responsibility organisation who failed to apply or renew:

Provided that in both instances where less than one (1) tonne of fishing gear containing plastic is placed on the market, the administrative penalty shall be calculated pro-rata, with a minimum penalty of five hundred euro (€500).

SCHEDULE 6 (regulation 5)

ADMINISTRATIVE PENALTY

The Authority may impose an administrative penalty in accordance with article 81 of the Act when an authorised producer responsibility organisation acting on behalf of producers placing on the market fishing gear containing plastic fails to achieve the applicable minimum collection target during the previous year. The administrative penalty shall be calculated as per the table below.

Administrative Penalty (€) per Achieved Collection Target (%) tonne of uncollected fishing gear from collection target

Between 0% and <1% 2500

Between 1% and <2% 2250

Between 2% and <3% 2000

Between 3% and <4% 1500

Between 4% and <5% 1000 Provided that the Authority may waive the administrative penalty in case where the party notified with the Authority’s intention to issue an administrative penalty provides evidence to the satisfaction of the Authority that the non-attainment of the target is due to exceptional reasons beyond his control.