Packaging and Packaging Waste – A Change to Annex 1 of Directive 94/62/EC

Packaging and Packaging waste producers are todue note of changes to be shortly adopted to Annex 1 of the Packaging Waste Directive. The amendment of Annex 1 of Directive 94/62/EC replaces the current text set out in this Directive.

 

For reasons of legal certainty and harmonisation of the interpretation of the definition of ‘Packaging', it has become necessary to review and amend the list of illustrative examples.

As indicated in the revised Annex, the following items shall be addressed as a priority: CD and video cases, flower pots, tubes and cylinders around which flexible material is wound, release paper of self adhesive labels and wrapping paper.

The Directive deems Member States, including Malta to bring into force the laws, regulations and Provisions necessary to comply with these Changes by 31st December 2011, at the latest.

A copy of Annex 1 and the illustrative examples shall be sent shortly to all GRTU members and any addittional information required is to be obtained by contacting GRTU on 21 232881/3.

Addittionaly Green MT, GRTU's subsidiary, continues to urge ‘producers' of packaging to join the National Authorised Scheme operated by Green MT. Producers or importers are being advised that failure to abide to the obligations of Legal Notice 277 of 2006 will place these producers liable to administrative and other penalties very shortly.

Currently Green MT operates logistical collections of separated waste from 41 Local Councils. Green mt has reached 280 members who place packaging on the market. Last year alone 120 member producers placed 11,585 tons of Packaging waste on the market. Green MT recovered 14, 600 tons of packaging waste in 2010 and just over 17,400 tons since July 01, 2009.

Green MT is the largest Scheme in volume terms, that has now taken the responsability both to shoulder obligations of its members and also to continue to provide support to all Local Councils for the recovery of separated waste from these Local Councils.

These operations are in the hanging unless Government Authorities, including MEPA and the Approving Body (Eco Contribution Exemption) provide the necessary enforcement so that current free riders to the system join the Approved Authorised Scheme. Every day a decision is not taken is another nail in the coffin to Authorised Schemes.

Government has provided much talk about initiatives in collection of separated waste and recyclables. Today Government does not fork out a cent for these operations. Private industry, importers and traders pay for these services through contribtion to Authorised Schemes. However a substantial amount of producers have not joined Schemes, (2000 producers). The Government continues to allow such a situation because it is not receiving the final bill for the services provided.

We are counting the days and the promises. Unless Government keeps his word, we shall take the matter up  with the European Commission in the strongest of ways. We will use all means possible to make sure that what private industry has started with the best technical practices at the lowest of cost in recovery and final recycling of packaging waste will continue.

GRTU has given too much of its energy to make sure this operation continues in the best interest of the business community.  We will not be deterred. There will be no turning back. We will stand up to be counted.

MRA extension regarding photovoltaic grants

GRTU expresses its satisfaction at the extension of the time limit for applications under the Photovoltaic Scheme. Following a resolution of GRTU members from the Renewable Energy Enterprise Section, GRTU held high level discussions with the PPCD and the MRA and GRTU was successful in its demands and as a result the Malta Resources Authority (MRA) has now agreed to extend by two months the time limit for the submission of applications under Part B who received a grant letter for their Photo Voltaic System (PVs).

 

This is an important step forward for enterprises in this sector and should solve most of the out of stock problems that many members have been facing. The result is also a better service and greater satisfaction for all users and consumers interested in Photo Voltaic Systems.

GRTU is now inviting traders and producers in the Renewable Energy Enterprise Sector, experts in this specialization and the General Public to write to GRTU and submit suggestions, clarifications or questions that GRTU may forward to the Malta Resources Authority (MRA) with regards to future Solar Water Heater and Photo Voltaic Schemes.

Any comments should be sent to GRTU by e-mail on and submit views by not later than Monday 14th at 9am so that these issues will be discussed during a meeting being held with the Malta Resources Authority (MRA) on the same day.

Anti-Dumping or Dumping Malta?

 GRTU has today written to the Minister for Finance with great concern as just this week we learnt that next week we will see the introduction of a new, hefty anti-dumping duty on imports of ceramic tiles from China.

 

It is too evident that Maltese import a significant quantity of ceramic tiles from China and that such a duty will lead the sector into harsh circumstances. Not only will this make importation from China highly uncompetitive but will put importers in a very difficult position as they have the prices on the orders arriving within this month and after fixed and they cannot just now inform their clients that the tiles they have ordered have increased in price due to the imposition. This will drive prices up for our consumers.

GRTU cannot therefore understand that while having the data and figures in hand Government did absolutely nothing to stop this from happening. This is not the first time we have come to this situation and GRTU believes Government by now should be very aware that unless we have the strong local industry to protect Government should go against any kind of duty imposed on our importers and consumers.

It is absolutely unacceptable that Government not only does not put up a fight and tries to get the backing of other countries but agrees as if it exists only to process and not analyse the impact of the decisions it takes. Unfortunately we do not have confirmed that Malta voted in favour but this is what it looks like. GRTU told Government that we would appreciate having this information confirmed as we have tried to get but have been denied of this information. Again it is something we fail to understand.

GRTU concluded by saying that if Government took a position we sincerely hope there is a good justification and that Government would stand up to be counted. GRTU awaits an immediate reply from Government.

For more information visit: http://www.fta-eu.org/de/login/ftanewsflash475.pdf

Jum Dinji ghad-Drittijiet tal-Konsumatur

Jum Dinji ghad-Drittijiet tal-Konsumater – Insahhu l-fiducja bejn il-konsumatur u n-Negozji

Fl-okkażjoni tal-Jum Dinji għad-Drittijiet tal-Konsumatur, id-Dipartiment tal-Konsumatur u tal-Kompetizzjoni qiegħed jorganizza numru ta' attivitajiet biex ikompli jeduka u jinforma lill-konsumaturi Maltin u Għawdxin fuq id-drittijiet tagħhom bħala konsumaturi.

Nhar l-15 ta' Marzu 2011 ser tiġi organizzata konferenza li ser ikollha bħala suġġett "Insaħħu l-Fiduċja bejn il-Konsumatur u n-Negozji".  Din il-konferenza ser issir fil-lukanda The Palace  f'tas-Sliema, u ser tiġi indirizzata mill-Onor Chris Said, Segretarju Parlamentari għall-Konsumatur, Kompetizzjoni Ġusta, Kunsilli Lokali u Konsultazzjoni Pubblika, flimkien ma kelliema oħra distinti.

Jekk inti, u/jew rappreżentanti oħra mill-organizzazjoni tiegħek tixtiequ tattendu għal din il-konferenza tistgħu tinfurmaw permezz ta' emajl fuq

Biex tirriservaw post tistgħu ukoll iċċemplu lil Ms. Melanie Camilleri fuq in-numru tat-telefon 21 446250-5.  Id-data ta' l-egħluq biex tirreġistraw hija nhar L-Erbgħa, 9 ta' Marzu 2011.

Commission acts to make Single Market deliver better

The Commission is taking action to help citizens and businesses to benefit fully from the opportunities offered by the Single Market by publishing a strategy to improve governance of the single market. The expansion of the Internal Market Information (IMI) system to other areas of EU law such as, potentially, gambling and e-commerce will help to achieve this. IMI is a multilingual online application that allows national, regional and local authorities to communicate quickly and easily with their counterparts elsewhere in the EU.

 

Key elements of the proposed strategy

1. Adding new policy areas to IMI: IMI currently facilitates administrative cooperation for the recognition of professional qualifications and for services. It has been designed from the outset as a flexible system that can easily be customised to support administrative cooperation required by all sorts of single market legislation. There is great interest to expand IMI to other areas of cross-border cooperation, like, for example, gambling and e-commerce.

2. Further development of IMI functionality: In the long run IMI should become a comprehensive toolkit for any type of administrative cooperation. To this end, the Commission will explore adding functionality to IMI that will allow its use, for example, for notification procedures.

3. Synergies with existing IT tools: IMI also has the potential to complement the functionality of existing IT systems and vice versa. Synergies could be achieved by linking IMI up with systems that are used by the same user groups, such as the Regulated Professions Database. For example, different IT systems could be made accessible with a single login, or data entered into one system could be automatically updated in the other. This could save time and trouble for users.

Next steps:

In the first half of 2011 the Commission will submit a proposal for a legislative instrument to govern the operation of IMI. This instrument is needed in order to consolidate the current rules on IMI and to create a comprehensive data protection framework. This has been requested by the European Data Protection Supervisor in order to provide a higher level of legal certainty, especially in view of further expansion. A roadmap for future technical developments in IMI and expansion of IMI into other areas will be proposed in the annual IMI report due for February 2012.

Background

IMI is a secure online application that has been developed by the Commission in close cooperation with EU Member States, and has been operational since November 2008. IMI allows competent authorities to communicate quickly and easily with their counterparts abroad. IMI helps users to:

find the right authority to contact in another Member State;

communicate with that authority using pre-translated sets of standard questions and answers;

track the progress of the information exchange.

How is IMI used in practice?

IMI is used by competent authorities at the national, regional and local level in the EU, Iceland, Liechtenstein and Norway who deal with the specific legislation supported by it. IMI helps them overcome the main barriers to seeking assistance from other Member States such as:

uncertainty about who to contact; language barriers; lack of established procedures for cooperation.

For example, a Hungarian dentist who wants to work in Germany needs to have his professional qualification recognised by the competent regional chamber of dentists in Germany, who may in turn need to verify the dentist's Hungarian diploma. Using IMI, the authority can identify its Hungarian counterpart in the database of competent authorities and select a question in German. The Hungarian authority will receive the question in Hungarian and can select a corresponding reply in Hungarian that will be sent to the German authority in German. This works much faster than exchanging information by fax or letter, which often needed to be translated as well. Out of all requests made through IMI, 58% receive a reply within two weeks.  For the dentist, this means that his application will be processed quickly without the need to request costly translations and that he will be able to start his work in Germany without delay.

Europe’s Small Business Act strengthens small businesses and drives growth

Europe's 2020 strategy and Europe's economy heavily rely on Small and Medium-sized Enterprises (SMEs) achieving their potential. In the EU, some 23 million SMEs employ 67% of the private sector workforce. The Small Business Act (SBA) is the EU policy framework aimed at strengthening SMEs so that they can grow and create employment. Between 2008 and 2010, the Commission and EU Member States implemented actions set out in the SBA to alleviate administrative burden, facilitate SMEs' access to finance and support their access to new markets. Although most initiatives foreseen by the SBA have been initiated, a review of implementation so far reveals that more must be done to help SMEs.

 

Successful SBA Initiatives since 2008

The Small Business Act is the first comprehensive SME policy framework for the EU and its Member States. Since its adoption in June 2008, considerable progress has been made through actions to strengthen SMEs in a number of areas:

100 000 SMEs have benefited from the financial instruments of the Competitiveness and Innovation Framework Programme, creating more than 100 000 jobs.

Through the late payment directive public authorities are now required to pay their suppliers within 30 days, improving the cash flow of businesses.

In most EU Member States the time and cost of setting up a company has been considerably reduced, lowering the EU average for a private limited company from 12 days and €485 in 2007 to 7 days and €399 in 2010.

Streamlined online procedures and opportunities for joint bidding have made participation in public procurement easier for SMEs.

The new EU SME Centre in China helps SMEs accessing the Chinese markets.

Although all Member States have acknowledged the importance of a rapid implementation of the SBA, the approach taken and the results achieved vary considerably between Member States. The review underlines that Member States have to step up their efforts to promote entrepreneurship and SMEs to support entrepreneurship in today's difficult economic climate.

Giving fresh impetus to the SBA

The Commission is determined to continue to give priority to SMEs. To reflect the latest economic developments, align the SBA with the priorities of the Europe 2020 strategy and continuously improve the business environment for SMEs, the review proposes further action in a number of priority areas:

Improved access to finance to invest and grow

Access to loan guarantees for SMEs through strengthened loan guarantee schemes;

Action plan for improving SMEs' access to finance, including access to venture capital markets, as well as targeted measures aimed at making investors more aware of the opportunities offered by SMEs;

Allow all banks, independent of size, to easily implement EIB loans and EU instruments.

Smart regulation to enable SMEs to concentrate on core business

Improved EU legislation through an SME Test for the Commission's legislative proposals paying specific attention to the differences between micro, small and medium enterprises;

Development of "points of single contact" in Member States to facilitate administrative procedures;

Quantified targets for reduced "gold plating", the practice of national bodies to exceed the terms of EU directives when translating them into national law.

Making full use of the Single Market

Proposal for a Common Consolidated Corporate Tax Base;

Measures to facilitate cross-border debt recovery;

Revision of the European standardisation system making standards more SME-friendly and easily accessible;

Guidance to SMEs making use of labelling of origin rules.

Helping SMEs face the challenges of globalisation and climate change

Proposals to support SMEs in markets outside the EU;

New strategy for globally competitive clusters and networks;

Specific action on regional knowledge transfer between environmental and energy experts within the Enterprise Europe Network.

The review also proposes strengthened governance for the implementation of the SBA, with business organisations at the frontline.

New Directive on Driving Licences

The rules and regulations pertaining to the whole process on driving and driving licences is a regulatory framework stipulated by the European Union and all Member States including Malta must transpose the Directives to local legislation.

 

Currently, all licensing aspects are regulated by Motor Vehicles (Driving Licences) Regulations (Subsidiary Legislation 65.18), parts of which were transposed from Directive 91/439/EC. A new Directive 2006/126 was brought into effect by the Commission, replacing Directive 91/439, and as of the 19th January 2013, a number of new measures will come into force.

The essential elements of the new Directive relate to a common transport policy, reducing possibilities of driving licence card fraud, contributing to improving road safety, and facilitating the free movement of persons taking up residence in a Member State other than the one issuing the licence. The other main elements of the Directive include the following.

Harmonisation of categories, particularly those for mopeds and motorcycles

Improved progressive access to bus and truck categories by established minimum ages

Harmonised periodical medical checks and truck categories

GRTU has a list of changes under the new Directive. Kindly contact the GRTU for this information. Feedback should be received 18 March 2011.

New Call for 2011 LIFE + Open

LIFE+ is the European Union's direct funding programme for the Environment providing funding opportunities for the conservation of protected habitats and species, the halt of loss in biodiversity and the implementation of environmental policy as a key dimension of sustainable development. Environment protection is of crucial importance to the European Union. LIFE+ is there to provide complementary support to other funding instruments aimed at protecting our environment.

 

LIFE+ is subdivided into three distinct strands, thus a vast array of projects can be implemented. These strands are:

LIFE+ Nature & Biodiversity, which may include the conservation of threatened habitats and species as well as actions to halt the loss in  biodiversity;

LIFE+ Environmental Policy & Governance which aims specifically at contributing to the implementation, updating and development of Community environmental policy and legislation, including nature and biodiversity, climate change, water, air, soil, urban environment, noise, chemicals, environmental health, waste and natural resources as well as the integration of environment into other policies, thereby contributing to sustainable development; and

LIFE+ Information & Communication which deals with information campaigns related to all the environmental aspects mentioned above. Such proposed projects must seek to raise awareness on environmental issues so as to achieve a positive change in people's attitude towards the environment.

The new application package including applications and all the related documentation and guidelines, will be found online on the official website being http://ec.europa.eu/environment/life/funding/lifeplus.htm  .In addition, one can also find a database listing all the projects that have been funded under LIFE/LIFE+ together with a brief description of the projects as well as links to their websites on http://ec.europa.eu/environment/life/project/Projects/index.cfm

Chemicals/REACH: six dangerous substances to be phased out by the EU

Six substances of very high concern will be banned within the next three to five years unless an authorisation has been granted to individual companies for their use. These substances are carcinogenic, toxic for reproduction or persist in the environment and accumulate in living organisms. Operators wishing to sell or use these substances will need to demonstrate that the required safety measures have been taken to adequately control the risks, or that the benefits for the economy and society outweigh the risks. Where feasible alternative substances or techniques exist, a timetable for substitution will also have to be submitted. The Commission decision follows the successful first phase of registration and notification of chemicals. It is part of REACH, Europe's initiative to make the use of chemicals safer.

 

Six substances of very high concern have been moved from the candidate list to the authorisation list, known as Annex XIV, under the EU's REACH regulation (Regulation No 1907/2006 for Registration, Evaluation, Authorisation and Restriction of Chemicals). Substances in Annex XIV cannot be placed on the market or used unless authorisation has been granted for a specific use.

The adopted measures constitute a first step in the implementation of the authorisation requirement laid down in the REACH Regulation. It is part of an ongoing process whereby additional substances will be added to Annex XIV in the future. The objective is to ensure that the risks from substances of very high concern are properly controlled and that these substances are progressively replaced by economically and technically viable alternatives. To that end, the Commission aims to put forward a greater number of known substances of very high concern for inclusion in the candidate list. The Commission and the European Chemicals Agency are fully committed to achieve this goal with the active engagement of the Member States.

The following 6 chemicals are the first entrants in the Annex XIV: 5-ter-butyl-   2,4,6-trinito-m-xylene (musk xylene), 4,4'-diaminodiphenylmethane (MDA), hexabromocyclododecane (HBCDD), bis(2-ethylexyl) phthalate (DEHP), benzyl butyl phthalate (BBP) and dibutyl phthalate (DBP).

Background

Chemicals listed in Annex XIV are selected from a candidate list of substances of very high concern based on recommendations made by the European Chemicals Agency (ECHA).

Substances of very high concern are chemicals which meet one or more of the criteria set out in Article 57 of the REACH Regulation and which have been identified as substances of very high concern in accordance with the procedure set out in Article 59 of the Regulation. There are currently 46 substances of very high concern on the candidate list.

Guidance documents on the preparation of applications for authorisation and on the socio-economic analysis have been published by ECHA on its website.

For each substance listed a "sunset date" is provided, ranging from 2014 to 2015. From this date the substance may only be placed on the market or used if an authorisation has been granted or an application for authorisation has been made before the "latest application date". This is the date by which anyone wishing to keep using a listed chemical after the sunset date must make an application.

These requirements apply regardless of the tonnage at which the substance is placed on the market or used, as no lower limits are provided for the authorisation requirement. Some uses of substances, such as intermediates, are excluded from the authorisation requirement.

Authorisation applications must be submitted to ECHA. The Agency's Risk Assessment Committee and Socio Economic Committee will then consider each application and submit their opinion to the European Commission. The final decision will be taken by the European Commission.

Malta Chamber of SMEs
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