Updated: Companies blitz government and file judicial protest over eco-contribution

The companies have filed their protest and against resources minister George Pullicino and finance minister Tonio Fenech.

Last week, the Chamber of Commerce, Industry and Enterprise said it was "exasperated" by the government's inability to implement the Legal Notice  concerning  the Legal Notice, and accused government of “mishandling the matter” ever since the scheme was introduced.

The Chamber said that after five years of delay, a Legal Notice to regulate the issuing of exemptions from eco-contribution was published on February 16. However, it said, the government has been found lacking in its preparedness to implement this Legal Notice because it was published without the backing of complementary regulation and yet, yesterday marked another deadline for the payment of the eco-contribution by companies.

"Since last February, eligible companies are not able to benefit from such exemptions because the necessary administrative arrangements have still not been put into place. The application process to qualify for exemptions has as yet not been communicated except the recent setting up of an Approving Body. This is totally unacceptable," the Chamber said.

It said the government can no longer tell the law-abiding business community to wait for the exemption that is rightfully theirs at law.

"This is costing dearly to the companies in question, the economy and the environment. In the process, until it is convenient for the government to implement the law and bring its house in order, legitimate companies have to incur extra costs and double payments of eco-contribution plus the relevant expenses to participate in private waste management schemes which participation is required by law," it said.

The government can no longer expect law-abiding businesses to operate and compete while incuring and paying these double costs, the Chamber said.

"Out of fairness to law-abiding companies, the Malta Chamber insists that the law that has been published is implemented forthwith and in its entirety.

"If the government has no interest in implementing its own laws then it should inform the business community immediately so that each company can take the appropriate actions within the parameters of the law," the Chamber said.

In the judicial letter, the companies explained that they have recently been asked to pay eco-contribution which in fact in law they are exempt from paying. The payment must be made because of penalties contemplated by law, with the companies in the protest pointing out that they have for the last two and a half years been denied their legitimate rights, creating a serious prejudice to them and forcing considerable costs on them, for which the Ministers are fully responsible.

The judicial protest, filed by lawyer Albert Grech, calls on the Ministers to observe the provisions of the legal notices so that companies can obtain the exemption allowed to them by law, and holds the government responsible for all damages caused and which may be caused through its abusive and illegal behaviour

On its part, in a statement issued in the afternoon, the Chamber expressed its support to its members who, “in their own right” had decided to file a judicial protest against Government on the matter. The MCCEI reiterated that the Government could “no longer” tell the law-abiding business community to wait for the exemption that was “rightfully theirs at law” and meanwhile expecting them to incur additional and unnecessary costs. The Chamber insisted that the LN 84/2010 was “implemented forthwith and in its entirety”.