Waste Management (Packaging and Packaging Waste) Regulations, 2006 (L.N. 277 of 2006)

L .N . 277 of 2006
ENVIRONMENT PROTECTION ACT
(CAP. 435)
PROD UCT SAFETY ACT
(CAP. 427)
Waste Management (Packaging and Packaging Waste)
Regulation s, 2006
IN exercise of the powers conferred by articles 9 and 11 of the
Environment Protect ion Act, and by article 38 of the Product Safety
Act, the Minister for Rural Affairs and the Environment and the Minister
for Competit iveness and Comm unications have made the following
regula tions:-
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1. (1) The title of these regulations is the Waste Management Citation and
(p k · d p k · W ) R 1 · 2006 co mmencement. ac aging an ac aging aste egu at1ons, .
(2) Unless otherwise prov ided in the provisions of these
regula tions, these regulations shall come into force on such date as the
Minister responsible for the environment may, by notice in the Gazette
appoint, and differen t dates may be so appointed for different provisions
and differen t purposes of these regulations.
2. (1) These reg ul ations provide additiona l measures, scope.
procedures and guidance to those in the Waste Management (Permit
and Contro l) Regulat ions, 2001, which aim , as a first priority, at L.N . 337 of 2001.
prevent ing the production of packaging waste and, as addi tional
fundamenta l principles, at reusing packag ing, at recycling and other
forms of recovering packaging waste and, hence, at reduc ing the final
disposa l of such waste.
(2) These regulations bring into effect the provisions of
European Parliament and Counc il Directive 94/62/EC 1 of20 Decem ber
1994 on packaging and packaging waste as amended by Directive
2004/12/EC2 of the European Parliamen t and of the Council of 11
February 2004 amend ing Directive 94/62/EC on packaging and
packaging waste and Directive 2005/20/EC3 of the European Parliament
and of the Council of 9 March 2005 amending Directive 94/62/EC on
packaging and packaging waste.
' OJL365,31.12.1994,p. 10 .
1 OJ L 47, 18.2.2004, p. 26.
3 OJ L 70, I 6.3.2005, p. 17.
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(3) These regulations shall apply to all packaging put on
the market in Malta and all packaging waste, whether it is used or
released at industrial, commercial, office, shop, service, household or
any other level, regardle ss of the material used, unless such packaging
is expressly excluded from the application of these regulations. These
regulations shall not apply to packag ing not intended for putting on the
market in Malta.
( 4) These regulations shall, until 31 st December, 2007, not
apply to packaging of non-alcoholic beverages, as defined in Non­
L.N. 15s of 1998. alcoholic Beverages (Control of Containers) Regul ations, 1998. Until
such date, such packaging shall continue to be regul ated by the Non ­
alcoholic Beverages (Control of Containers) Regulations, 1998.
Interpretation.
Cap. 435.
L.N. 337 of 200 1.
(5) After the 31 st of December, 2007, all packaging,
including non-alcoho lic beverages, shall be regula ted by these
regula tions which shall , in any case, apply without prejudice to any
other exist ing laws or regulati ons.
(6) These regulations sha ll apply witho ut prejudice to
existing provisions, in particular with regard to quality requirements
for packaging such as those regarding safety, the protect ion of health
and the hyg iene of the packed products or to existing transport
requirements, or to the provisions of the Waste Management (Permi t
and Control) Regulations, 2001.
3 . (l) In the se regulations, unless the context otherwise
requires:
"the Act" mean s the Environment Protection Act;
"agreement" mea ns the fom1al agree ment concluded between
the Competent Authority and the produce rs concerned, which has
to be open to all partners who wish to meet the conditions of the
agreeme nt with a view to working towards the objec tives of these
regulations;
"author ised packaging waste recovery scheme" means a
recovery scheme for packaging waste that is operated by a person
that has a valid waste management perm it under the Was te
Management (Permit and Contro l) Regulations, 200 1;
"aut horised waste management undertaking" means an
undertaking that holds a valid permit issued by the relevan t
compete nt authority under national laws and regulations relating
to environmental protection;
"categories of packaging" mean s glass, aluminium, steel,
paper and fibreboard, plastics, wood and textiles , or such other
categories as may be from time to time be specified by the
Competent Authority. An item of packaging waste shall be deemed
to be comprised of the constituent material which is proportionally
largest by weight;
"the Competent Authority" means the Malta Environment and
Planning Authority and such other body or person as the Mini ster
may by order in the Gazette , prescribe and different bodies or
persons may be designated as the competent authority for different
provisions and different purposes of these regulations;
"composite packaging" means packaging made of different
materials , and which cannot be separated by hand, none exceeding
a given percentage by weight;
"to convert " means to use or modify packaging or packaging
material in the production or formulation of packaging;
"energy recovery" means the use of combustible packaging
waste as a means to generate energy through direct incineration
with or without other waste but with recovery of the heat;
"filler " or "packer " mean s a person who puts goods into
packaging, and "fill" and "pac k" shall be cons trued accordingly;
"genera ted packaging waste" means the amoun t of packaging
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that becomes waste within the meaning of regulation 2 of the Waste
Management (Permit and Control) Regul ations, 2001, within the L.N . 337 0 F2001.
territory of Malta, after having been used to contain, protect, handle,
deliver and present goods;
"incidental presence" means the presence of a metal as an
unintended ingredient of a packaging or packaging component;
" intention al introduction" means the act of deliberately
utilising a substance in the formulation of a packaging or a
packaging component where its continued presence is desired in
the final packaging or packaging componen t to provide a spec ific
characteristic, appearance or quality and "intentionally introduced "
shall be construed accordingly. The use of recycled materials as
feedstock for the manufacture of new packaging materials, where
some portion of the recycled materials may contain amo unts of
regulated metals, is not considered intention al introduction;
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"the Minister " means the Minister responsible for the
respective Acts;
"organic recycling" mean s the aerobic (co mposting) or
anaerobic (b iomethaniza tion) treatment, under controlled
conditions and using micro -organisms, of the biodegrad able parts
of packaging waste, wh ich produces stabilized organic residues or
methane. Landfill sha ll not be considered a form of organic
recycling;
"packag ing" means all products made of any materials of any
nature to be used for the containment, protection, handling, delivery
and presenta tion of goods, from raw materials to processed goods,
from the producer to the user or the cons umer. "Non -return able"
items used for the same purposes shall also be considered to
constitu te packaging;
"packaging" consists only of -
(a) sales packaging or primary packaging, which is
packaging conceived so as to constitute a sales unit to the
fina l user or consumer at the point of purchase;
(b) grouped packaging or secondary packaging, which
is packaging conceived so as to constitute at the point of
purchase a grouping of a certain number of sales units whether
the latter is sold as suc h to the final user or consumer or
whether it serves only as a means to replenish the shelves at
the point of sale; it can be removed from the product witho ut
affecting its characteris tics;
(c) transport packaging or tertiary packaging , which
is packaging conceived so as to facilitate handling and
transport of a number of sales units or grouped packagings in
order to pre vent physical hand ling and transport damage.
Transport packag ing does not include road, rail, ship and air
containers;
Provided that:
(i) items shall be considered to be packag ing if they
fulfil the above mentioned definition without prejudice to other
functions which the packaging might also perform, unless
the item is an integral part of a product and it is necessary to
contain, support or preserve that product throughout its
lifetime and all elements are intended to be used, consumed
or disposed of together;
(ii) items designed and intended to be filled at the point
of sale and 'disposab le' items sold, filled or designed and
intended to be filled at the point of sale shall be considered to
be packag ing provided they fulfil a packag ing function;
(iii) packaging components and anc illary elements
integra ted into packag ing shall be cons idered to be part of
the packag ing into which they are integrated. Ancilla ry
elements hung directly on, or attached to, a product and which
perfo rm a pac kaging function sha ll be cons idered to be
packaging unless they are an integral part of this prod uct and
all elements are intended to be cons umed or disposed of
together;
The items listed in Schedule 1 are illustrative examples of
the appl ication of these criteria;
"packag ing waste" means any packaging or packag ing
material covered by the definition of waste in the Waste
Management (Permit and Contro l) Regu lations, 2001, excluding
production residues;
"packaging waste recovered or incinerated at waste
incinera tion plants with energy recovery" means the quantity of
packag ing waste generated in Malta that is recovered or incinerated
at waste incineration plants with energy recovery, irrespec tive of
whether the packaging waste is recovered or incinerated at waste
incineration plants with energy recove ry within Malta, in another
Membe r State or outs ide the Commun ity;
"prevention" means the reduction of the quantity and of the
harmfulness for the environment of:
- materials and substances contained in packaging and
packaging waste,
- packaging and packaging waste at production process
leve l and at the marketing, distr ibution, utilization and
elimination stages,
in particular by developing "clean" products and technology;
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"eco nomic operator" means a person who for the purpose of
trade or otherwise in the course of business, imports, manufactures,
converts, distributes, fills, packs, sells or otherwise supplies to other
persons or otherwise puts packaging material or packaging , or
packaged products, on the market; and "prod uce" shall be construed
accordingly;
"producer" means any person in Malta who puts packaging
or packaging material on the market for the first time within the
territory of Malta on a professional basis;
"product loops which are in a closed and controlled chain"
means product loops in which products circulate with a controlled
reuse and distribution system and in which the recycled material
originates only from these entities in the chain so that the
introduction of external material is just the minimum technically
feasible and from which these entities may only be removed in a
specially authorised procedure so that return rates are maximised;
"put on the market" means when a packaging or packaging
materi al is suppl ied or made available , whether in return for
payment or free of charge, to a third party in Malta and includes
import into the customs territory of Malta; and "putting a product
on the market" shall be construed accordingly;
"rate of recovery or incineration at waste incineration plants
with energy recovery " mean s the total quantity of packaging waste
recovered or incinerated at waste incineration plants with energy
recovery, divided by the total quantity of generated packaging
waste, expressed as a percentage;
"recovered packaging waste" means the quantity of packag ing
waste generated in Malta that is recovered , irrespective of whether
the packaging waste is recovered within Malta, in another Member
State or outside the Communit y;
"recycled packaging waste" means the quantity of packaging
waste generated in Malta that is recycled, irrespective of whether
the packaging waste is recycled within Malta, in another Member
State or outside the Community;
"recycling" mean s the reprocessing in a production process
of the waste materials for the original purpose or for other purposes
including organic recycling but excluding energy recovery;
"recycl ing rate" means the total quantity of recycled packaging
waste, divided by the total quantity of generated packaging waste,
expressed as a percentage;
"reuse" means any operation whereby packaging, which has
been conceived and designed to accomplish within its life cycle a
minim um number of trips or rotations, is refilled or used for the
same purpose for which it was conceived, with or without the
support of auxiliary products present on the market enabling the
packag ing to be refilled; such reused packaging will become
packag ing waste when no longer subject to reuse;
"seller" means a person who suppl ies packaging to a user or
a consumer of that packag ing, whether or not the filling of the
package has taken place at the time of the supply, and "sell" shall
be construed according ly.
(2) All other terms shall have the same mean ing as that
assigned to them in regu lation 2 of the Waste Management (Permit and
Control) Regulations, 2001.
4. (1) The Competent Authority shall take necessary measures
to ensure that packaging may be put on the market only if it complies
with all essent ial requirements defined by these regulations including
Schedule 2:
Provided that the requ irements for the manufacturing of
packaging shall in no case apply to packaging used for a given product
before the date of entry into force of these regulations.
(2) Packaging shall be deemed to comply with the essen tial
requirements of Schedule 2 to these regu lations if it comp lies with
Maltese standard MSA EN 13427::2004 or MSA EN 13428::2004 or
MSA EN 13429: :2004 or MSA EN 134230: :2004 or MSA EN
13431 ::2004 or MSA EN 13432::2004.
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Essential
requ irements of
packaging.
5. (1) Producers shall not import, manufacture, supp ly or use Concentration levels
packaging materia l and packag ing if the aggregate concentrations of ~!~:~~~~~ig~etals
lead, cadmium, mercury and hexavalen t chromium present in each
packaging material or packaging exceeds 100 parts per million (ppm)
by weigh t.
(2) The concentration levels referred to in sub-regulation
(1) hereof shall not apply to packaging entirely made of lead crystal
glass as defined in the relevan t regulations.
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Derogation for
plastic crates and
plastic pallets.
6. (1) Without prejudice to regulation 5 of the se regulations,
plastic crates and plastic pallets shall , until the 8th Februa ry, 2009, be
allowed to exceed the limits of 100 ppm by weight of the sum of the
concen tration level s of lead, cadmium, mercur y and hexavalent
chromium. This provision applies exclusively to plastic crates and plastic
pallets used in product loops which are in a closed and controlled chain.
(2) Plastic crates and plastic pallets referred to in sub­
regulation (1) hereof shall have been:
(a) manufactured in a controlled recycling process, in which
the recycled material originates only from other plastic crates or
plastic pallets and in which the introduction of external material is
just the minimum techni cally feasible, up to a maximum of 20%
by weight. Returned entities that are no longer reusable shall be
treated in accordance with paragraph (b) hereof:
Pro vided that no lead , cadmium , mercury or hexavalent
chromium shall be intentionally introduced as an element during
the manufacture or distribution as opposed to the incidental
presence of any of these elements:
Provided further that the plastic crate or plastic pallet to which
this derogation applies may only exceed the concentration limits
as a result of the addition of recycled materials;
(b) introduced in a controlled distribution and reuse system
complying with the following conditions:
(i) new plastic crates or pallets containing the regulated
metals shall be identified in a permanent and visible way,
(ii) the producer establishes to the satisfaction of the
Competent Authority a system of inventory and record
keeping, including a method of regulatory and financial
accou ntability, to document the compliance with this
derogation including the return rates, that is the percentage
of returnable entities which are not discarded after use but
are returned to the manufacturer or packer and, or filler or an
authori sed repre sentative. Such return rate shall be as high as
possible and shall in no case be lower than 90% over the life
cyc le of the plastic crates or plastic pallets. The system shall
accou nt for all the reusable entities put into, and removed
from service,
(iii) all returned entities that are no longer reusable shall
be either disposed of by a procedure specifically authorised
by the Competent Authority or be recyc led in a recycling
process, in which the recycled material is made up of plastic
crates or plastic pallets in the circuit, and the introduction of
external material is the minimum technically feasible, up to a
maximum of 20% by weight,
(iv) the manufacturer or his authorised representative
shall draw up and subm it to the Competent Authority on an
annual basis a written declaration of conformity, including
an annual report demonstrating how the conditions of this
derogation have been compli ed with. Possible change s to the
system and to authorised representatives shall be contained
therein,
(v) the manufacturer or his authorised representative
sha ll make thi s documentation at the disposal of the
Competent Authority for inspection purposes for at least four
years:
Provide d that where neither the manufacturer nor his
authorised representative is established wit hi n the
Community, the obligat ion to kee p the technical
documentation available is the responsibility of the person
who puts the product on the market.
7. Without prejudice to regu lation 5 hereof, glass packaging shall
be allowed to exceed the limit of 100 ppm by weight of the sum of the
concentration levels of lead, cadmi um , mercury and hexavalent
chromium.
Provided that:
(a) no lead , cadm ium , mercury or hexavalent chrom ium
shall be intentionally introduced during the manufacturing process.
The packaging material may only exceed the concen tration limits
because of the addition of recycled materials;
(b) where the average heavy metals concentration levels on
any twelve consecutive month ly contro ls made from the production
of each individua l glass furnace, representative of normal and
regular product ion acti vity, exceeds the 200 ppm limit, the
manufacturer or his authorised representative who puts the product
on the Market shall submit a report to the competen t authori ty;
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Derogation for glass
packaging.
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Recovery and
Recyc ling targets.
(c) such report as is mentioned in paragraph (b) of this
prov iso shall provide information as to:-
- measure values,
- descript ion of measurement methods employed,
- suspected sources for the presence of heavy metals
conce ntration levels,
- detailed description of the measures taken to reduce
the heavy metals concentration levels;
Provided that where neither the manufacturer nor his
aut hori sed repre sentative is established within the
Community, the obligation to keep the techni cal
documentation available is the responsibility of the person
who puts the product on the market;
(d) measurement results from production sites and
measurement methods employed shall be made available at any
time to the Competent Authority if requested.
8. (1) Produ cers shall take necessary measures to attain the
target s laid down in Schedu le 3 to these regulation s.
(2) For the purposes of achieving the objectives , and
satisfying the provisions of sub-regu lation (l) hereof, each producer
shall, by the dead line laid down in the first column of the tab le of
Schedule 3 to these regulations:
(a) recover or incinerate at waste incineration plants with
energy recovery the percentage stipulated in the second column of
the table of Schedule 3 to these regulations as a minimum by weight
of all packaging waste resulting from packaging and packaging
material the producer puts on the market; and
(b) recycle between the percentage stipulated in the third
column of the table of Schedule 3 to these regulation s as a minimum
and 80% as a maximum by weigh t of all packaging waste resulting
from packaging and packaging material the producer puts on the
market with a minimum of:
(i) the percentage stipulated in the fourth column of
the table of Schedule 3 to these regulation s as a minim um by
weight for glass contained in packaging waste;
(ii) the percentage stipulated in the fifth column of the
table of Schedule 3 to these regulations as a minimum by
weight for metals contained in packaging waste;
(iii) the percent age stipulated in the sixth column of
the table of Schedule 3 to these regulation s as a minimum by
weight for plastics contained in packaging waste, counting
exclusively material that is recycled back into plastics;
(iv) the percentage stipulated in the seventh column
of the table of Schedule 3 to these regulations as a minimum
by weight for paper and board contained in packaging waste;
and
(v) the percentage stipulated in the eighth column of
the table of Schedule 3 to these regulations as a minimum by
weight for wood contained in packaging waste.
(3) For the purpose of calculating the targets referred to in
sub-regulation (2) hereof, the Competent Authority shall consider that:
(a) generated packaging waste shall not include any kind
of residues from the production of packaging or packaging
materials, or from any other production process;
(b) packaging waste generated in Malta may be deemed to
be equal to the amount of packaging or packaging materi al put on
the market in the same calendar year (i.e. from 1 January to 31
December ) within the territory of Malt a by each producer;
(c) the data for total packaging shall cover all packaging as
defined in sub-regulat ion (3) of regulation 2 and sub-regulation
(1) of regulation 3 of these regulations. In particular for materials
occurring in smaller quantities and those not mentioned in these
regulations, estimates may be used. These estimates shall be based
on the best inform ation availab le and shall be described in
accordance with sub-regulation 2 of regulation 15 of these
regulations;
(d) reusable packaging shall be considered to be put on the
market when it is made avai lable for the first time , together with
the goods it is intended to contain , protect, handle, deliver or
present;
(e) reusable packaging shall not be considered packaging
waste when it is sent back for reuse;
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(f) reusable packaging shall not be considered to be put on
the market as packaging when it has been reused with a good and
is made available again;
(g) reusable packaging discarded at the end of its useful
life shall be considered packaging waste;
(h) packaging waste generated in Malta from reusable
packaging may be deemed to be equal to the amount of reusable
packaging or packaging material put on the market in the same
calendar year (i.e. from l January to 31 December) within the
territory of Malta by each producer;
(i) the weight of recovered or recycled packaging waste shall
be the input of packaging waste to an effective recovery or recycling
process. If the output of a sorting plant is sent to effect ive recycling
or recovery processes without significant losses, it sha ll be
acceptable to consider this output to be the weight of recovered or
recycled packaging waste;
U) the weight of recovered or recycled packaging waste shall
be measured using a natural humidity rate of the packaging waste
comparable to the humidit y of equivalen t packaging put on the
market;
(k) corrections shall be made to measured data relating to
the weight of recovered or recycled packaging waste, if the
humidity rate of that packaging waste regularly and significantl y
differs from that of packaging put on the market and if this factor
risks leading to substantia l over or under estimates of packaging
recovery or recycling rates. Those corrections shall be limited to
exceptional cases, caused by specific climatic or other conditions;
(I) the weight of recovered or recycled packaging waste
shall, as far as is practical, exclude non-packaging materials
collected together with the packaging waste;
(m) corrections shall be made to the data relating to the
weight of recovered or recycled packaging waste, if non-packaging
materials in the waste sent to an effective recovery or recyclin g
process risk leading to substant ial over or under estimates of
packaging recovery or recycling rates; and
(n) no corrections shall be made in the case of small amounts
of non-packaging materia ls, or for such contamination as can
regular ly be found in packaging waste.
( 4) In sub-regulation (3) hereof, the provisions on recovery
shall apply mutatis mutandis to packaging waste incinerated at waste
incineration plants with energy recovery.
(5) Packaging waste generated in other Member States or
imported from outside the Community and sent to Malta for subseq uent
recovery or incinera tion at waste incineration plants with energy
recovery within or outside Malta shall not count for the achievement of
the obligations and targets of sub- regulation (2) hereof.
(6) Packaging waste exported out of the Community, shall
only count for the achievement of the obligations and targets of sub­
regula tion (2) hereof if there is sound evidence that the recovery and, or
recyc ling operation took place under conditions that are broadly
equiva lent to those prescribed by the Community legislation on the
matter.
(7) Transboundary movements of packaging waste shall be
carried out in accordance with the following regulations, as amended
from time to time:
(i) Council Regulation (EEC) No. 259/93 of l February
1993 on the superv ision and control of shipments of waste within,
into and out of the European Community ;
(ii) Counc il Regul ation (EC) No. 1420/1999 of 29 April
1999 establishing common rules and procedures to app ly to
shipments to certain non-OECD countries of certain types of waste;
and
(iii) Commission Regulation (EC) No. 1547/1999 of 12 July
1999 determining the contro l procedure s under Council Regulation
(EEC) No. 259/93 to apply to ship ments of certain types of waste
to certain countries to which OECD Decision C(92)39 final does
not apply.
9. The Competent Authority shall maintain a database containing
annual records about packaging and packaging waste according to the
format specified in Schedule 4 to these regulations.
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Database for
packaging.
10. (l) The Competent Authority, in consultation with Powersofthe
d d · d · · d h M" · •b Competent pro ucers an in ustry organisa tions an as t e mister may prescn e, Authority.
may take such measures it may deem appropriate in order to:-
(a) implement other preventive measures in addition to the
measures to prevent the formation of packaging waste taken in
accordance with regul ation 4 of these regu lations. Such other
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measures may consist of national programmes, projects to introduce
producer responsibility to minimise the environmental impact of
packaging or simila r actions designed to bring together and take
advantage of the many initiatives taken in Malta as regards
prevention. The y shall comply with the objectives of these
regulations as defined in sub-regulation (2) ofregulation 1 of these
regulations;
(b) conduct infom1ation campaigns for users or consumers
and producers of packaging on:
(i) the meas ure s and targets referred to in these
regulations,
(ii) the return, collection and recovery syste ms
available to them,
(iii) their role in contributing to reuse, recovery and
recycling of packaging and packaging waste,
(iv) the meaning of markings on packaging existing
on the market,
(v) the appropriate elements of the management plans
for packaging and packaging waste as referred to in sub­
regulation (2) hereof;
(c) promote consumer information and awareness
campaigns;
( d) encourage, where appropria te, energy recovery, where
it is preferable to materia l-recycling for environmental and cost­
benefit reaso ns. This could be done by considering a sufficien t
margin between national recyclin g and recovery targets;
(e) encourage, where approp riate, the use of materials
obtained from recycled packaging waste for the manufacturing of
packaging and other products by:
(i) improv ing market condi tions for such materials;
(ii) reviewing existing regulations preventing the use
of those materials;
(f) encourage, where appropr iate, studies and pilot projects
concerning the following and other prevention instruments:
(i) additional preventio n measures to reduce the
env ironmental impact of packaging as far as poss ible without
compro mising its essent ial functions;
( ii ) the poss ib le deve lopment of a packaging
environ ment indicator to render packaging waste prevention
simpler and more effective;
(iii) packaging waste prevention plans;
( iv) encouragement of re use and, in particular ,
comparison of the costs and benefi ts of reuse and those of
recyc ling;
(v) producer responsibi lity including its financial
aspec ts;
(2) In pursuance of the objectives and measu res referred to
in these regulations, the Competent Authori ty shall include in the waste
management plans required pursuant to the provis ions of sub-regu lation
(3) of regulation 4 of the Waste Management (Permit and Control )
Regulations, 200 1, a specific chapter on the management of packaging
and packag ing waste, including measures taken pursuant to this
regula tion.
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11. Without prejud ice to othe r exist ing laws and regulations, the Freedom to put on
C A h . h ] ] . d h . h k f the market. ompetent ut onty s a not 1mpe e t e putting on t e mar et o
packaging that satisfies the provi sions of these regulat ions.
12. The Competent Authority may charge producer s such fees Charging of fees by
h f h d . . . f h I . theCompetent as necessary to covert e costs o t ea min istration o t ese regu ations. Authority.
13. (1) Produce rs or third parties acting on their behalf shall ,
with respect to packag ing waste arising from their activities, use existing
sys tems or set up systems, ind ividually or collective ly, or both, in
accordance with any existing laws and regu lation s, to prov ide for:
(a) the return and, or collect ion of used packaging and, or
packag ing waste from the consumer, other final user, or from the
waste stream in order to channel it to the most appropri ate waste
management alternatives;
(b) the reu se or recover y including recycling of the
packag ing and/or packaging waste collected;
Producers of
packag ing.
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Records.
(c) the use of material s obtained from recycled packaging
waste for the manufac turing of packaging and other products;
(2) For the purposes of achieving the objectives, and
satisfying the provisions of sub-regulation (1) hereof, the Competent
Authority may, with respect to packaging waste arising from their
activities, require any economic operator to:
(a) provide adequate facilities at their premises or at other
designated areas or premises for the deposition of packaging by
customers at no net cost to the latter, and for the reception,
segregation and storage of packaging waste;
(b) display a notice on such areas or premises indicating
that packaging waste of the type put on the market by the producer
will be accepted, free of charge;
(c) accept from any person, packaging waste of the type of
packaging or packaged product supplied by that producer;
( d) arrange for the collec tion of packaging waste from any
other producer to whom packaging or packaged products are
supplied by the producer;
(e) arrange for the packaging waste so accepted and/or
collected to be:
(i) taken back by a supplier of such packaging, or
(ii) recovered by the producer or by an operator of an
authorised packaging waste recovery scheme,
or
(iii) made available for recycling or recovery, name ly
that it is segregated, offered to recyclers or recoverers and
stored pending collection by a recycler or recoverer.
(3) No economic operator shall dispose of such packaging
waste without first making it available for reuse or recovery including
recycling.
14. Producers or third parties acting on their behalf shall keep
three-year records in relation to packaging or packaging material they
put on the market and in relation to packaging waste reused, recycled,
recovered or incinerated at waste incinera tion plants with energy
B 3973
recovery as well as disposed of, by weight for each category of material
specified, so as to ensure compl iance with the conditions as specified
under regulation 15 of these regulations.
15. (1) Notwithstanding the provisio ns of regulatio n 13 of these Packaging
regulations, producers or third parties acting on their behalf, shall provide declaration.
the Competen t Authority with a packaging dec laration on a quarter and
annual basis, which shall include the following information:
(a) names and addresses of producers who took back
packag ing or packag ing material;
(b) weights of packaging or packaging material put on the
market for each category of material specified;
(c) weights of packaging waste taken back at each premises
for each category of mater ial specified;
( d) a descr iption of any systems used or set up in accordance
with regulat ion 13 of these regulat ions;
(e) details of any deposit-refund scheme or other scheme
adopted in order to ensure the return of packaging by consumers;
(f) how the packaging waste in each category was reused,
recove red and, or recyc led, and how the balance was disposed of;
(g) how the consume rs were informed of this packaging
waste collection service or of the packag ing waste collect ion serv ice
of the third parties acting on his behalf;
(h) information about concen tration levels of heavy metals
such as lead,ca dmium, mercury and hexavalentchromium presen t
in packaging material or packaging put on the market within the
meaning of regulation 7 of these regulations, and the presence of
noxious and other hazardous substances and mater ials within the
meaning of the third indent of point 1 of Schedu le 2 to these
regula tions;
(i) information about packag ing was te considered as
hazardous due to contamination by product contents, within the
mean ing of the Waste Manageme nt (Perm it and Contro l)
Regu lations, 2001 in part icular if it is not suitable for recovery;
U) any other additional relevan t information as required by
the Competent Author ity.
B 3974
(2) For the purposes of achieving the objectives, and
satisfying the provis ions of sub-regula tion (1) hereof:
(a) producers or third parties acting on their behalf shall
complete the tables shown in Schedule 4 to these regulations on a
quarter and annua l basis:
Provided that the tables referred to hereof shall cover the whole
of each repo rting period (qua rter or calendar year , where
appropriate), and shall be submitted to the Authority within twenty
(20) working days follow ing the end of that period:
Provided further that compos ite packaging shall be reported
under the predominant material by weight. Additionally, separate
data on recove ry and recycling of composite materials may be
prov ided on a voluntary basis;
(b) producers or third parties acting on their behalf shall
send, together with the complete d tables referred to in paragraph
(a) hereof, an appropriate description of how the data has been
compiled. That description shall also give an explanation of any
estimates used:
Provided that significant corrections shall be reported in the
descriptions relating to the data compilation, provided for hereof;
(c) producers or third parties acting on their behal f shall
also report the following information to the Authority together with
the data referred to in paragraphs (a) and (b) hereof within the
same reporting period:
(i) an up-to -date list of all authorised waste
management undertakings that the producers or third parties
acting on their behalf used during the reporting period for the
carryi ng out of the waste management operations involved in
the systems referred to in regulation 13 of these regulations;
(ii) proof, to the satisfaction of the Competent
Authority, of reuse, recycling, recovery or incineration at
waste incineration plants with energy recovery as well as
disposal for the packaging waste managed by the syste ms
referred to in regu lation 13 of these regulations. This may
inc lude a signed declaration from an authorised waste
management undertaking or a copy of the certificate that the
packaging waste has been recovered or disposed of in an
environmentally sound manner (certificate of waste recovery
or disposal). The form of this certi ficate shall be part of the
consignment note that accompanies the shipment as per
Council Regulation (EEC) No. 259/93 of l February 1993 on
the supervision and control of shipments of waste within, into
and out of the European Communi ty;
(d) producer s or third parties acting on their behalf may
provide, on a voluntary basis, such further data on packaging and
packaging waste as is ava ilable. Such data may include the
fol lowing:
(i) data on production, export s and imports of empty
packaging;
(ii) data on reusable packaging; and
(ii i) specific sub-fr actions of packaging suc h as
compos ite packaging.
(3) The Competent Authority may specify the format in
which such information is to be made availa ble.
(4) The Competent Authority shall make the se reports
available in accordance with the Freedom of Acce ss to Information on
B 3975
the Environment Regulations, 2001. L.N. 211 or 2001.
(5) The Competent Authority shall take into account the
particu lar problems of small and medium- sized enterprises in providing
deta iled data.
16. The Competent Authority may exempt a producer from all
or part of these regulations provided the producer provides evidence to
the Competent Authori ty of participa ting in an authorised packaging
waste recovery scheme.
17. (1) If a producer choo ses to make use of an exi sting
author ised packaging waste recovery scheme , he shall be required to
submit to the Competent Authority a signed agreeme nt with the operator
of the authorised packaging waste reco very scheme to prove that the
scheme comp lies with the provision s of these regul ations.
(2) By 30 June 2006, the producer shall moreover submit
to the Competent Authority a statement of compliance with the provision
of these regulations, signed by the operator of the authorised packaging
waste recovery scheme , in respect of packaging or packaging material
put on the market by the producer between l January 2005 and 31
Participation in a
packag ing waste
recovery scheme.
Signed agreement
with operato r of a
packag ing waste
recovery scheme.
B 3976
Marking and
identification
system.
December 2005, and thereafter the information shall be provided by 31
March each year in respect of the packaging or packaging material which
has been put on the market by the producer during the immediately
preceeding year.
(3) The operator of the authorized packaging waste recovery
scheme referred to in sub-regulation (1) of this regulation shall:
(a) bind himself to carry out the activi ties agreed to and on
behalf of the producer in accordance with any existing laws and
regulations,
(b) provide the Competent Authority by 30 June 2006 with
the information referred to in regulation 15 of these regulations as
it applies mutatis mutandis to the producer, in respect of the
packaging or packaging material put on the market by the producer
between 1 January 2005 and 31 December 2005, and thereafter a
statement of compliance shall be provided by 31 March each year
in respect of the packaging or packaging material which has been
put on the market by the producer during the immediately
preceeding year, and
(c) provide the Competent Authority by 30 June 2006 with
a statement of compliance of the producer with the provisions of
these regulations, in respect of the packaging or packaging material
put on the market by the producer between I January 2005 and 3 I
December 2005, and thereafter the information shall be provided
by 31 March each year in respect of the packaging or packaging
material which has been put on the market by the producer during
the immedi ately preceeding year.
(4) The Competent Authority may spec ify the fom1at in
which such information is to be made availab le.
(5) The Competent Authority shall make this information
available in accordance with the Freedom of Access to Inform ation on
the Environment Regulations, 2001.
18. (1) Produc ers shall ensure that the nature of any packaging
material used is indicated on the packaging for the purposes of its
identification and classification in order to facilitate the collect ion, reuse
and recovery including recycling of packaging waste.
(2) Produ cers shall ensure th at packaging bears the
appropriate marking either on the packaging itself or on the label
according to any existing laws and regulations. Such marking shall be
clearly visible and easily legible, appropriately durable and lasting, even
when the packaging is opened.
B 3977
19. The users and consumers of packaging and the holders of Duty of users and
k · h II · h d · · · co11sumersof pac agrng waste s a co-operate wit , an participate !TI any system packaging.
set up for the reuse, recovery and recyc ling of packaging waste.
According ly, they shall segregate, deposit and return packaging as
required by the system.
20. (1) The Competent Authority shall maintain and make
ava ilable in accordance with this reg ulation a regis ter relating to the
producers who reg ister in accordance with regulation 21 of these
regulations and containing inforn1ation relat ing to producer registration
as prescribed in Schedu le 6 to these regulations.
(2) The Competent Authority shall:
(a) ensure that the register is open for inspection at its
principal office by members of the public free of charge at all
reasona ble hours; and
(b) permit members of the public to obtain copies of entries
in the register on payment of a fee as may be prescribed in Schedule
8 to the Waste Management (Permit and Con trol) Regula tions,
2001.
(3) The register may be kept in any form but shall be indexed
and arranged so that members of the public can readi ly trace information
contained in it.
( 4) The Competent Authority shall amend the relevant entry
in the register to record any change to the information entered and shall
note the date on which the amendment is made.
(5) For the avoidance of doubt , nothing in this regulation
shall require a register maintained by the Competent Authority to contain
information relating to any criminal proceedings (including prospective
proceedings) or to anything which is the subject matter of such
proceeding s, at any time before those proceedings are finally disposed
of.
(6) Nothing in this regulation shal l requ ire a register
maintained by the Compe tent Authority to conta in any information
which has been superseded by later infom1ation after four years have
elapsed from that later information being entered in the register.
Register of
producers.
B 3978
Registration.
L.N. 337 of 200 I.
Information and
reporting.
21. (1) By 31 January 2006 each producer shall apply to the
Competent Authority for registration, and from 1 Janu ary 2006 each
producer shall register with the Competent Authority by 31 January,
and each producer shall register with the Competent Authority by 31
Janu ary each year thereafter.
(2) Where a producer ceases to put packaging and packaging
material on the market he shall inform the Competent Authority within
20 working days of his ceasing to do so.
(3) An application by a producer to register shall:
(a) be made in writing;
(b) contain at least the information in Schedule 6 to these
regulations; and
(c) be accompanied by a fee as may be prescribed in
Schedule 8 to the Waste Management (Permit and Control)
Regulation s, 2001.
(4) The detai ls provided by a producer in comp liance with
the obligations referred to in sub-regulations (I), (2) and (3) hereof
shall be included in the Regi ster of Producers to be main tained by the
Compe tent Authority under regulation 20 of these regu lations.
(5) The Competent Authority shall confirm receipt of a
producer's application for reg istration in writing within 20 working days
of receipt and approve these applications within 20 working days of
confirming receipt.
22. (1) By 31 January 2006 each producer who applies for
registration under sub-regulation (1) of regulation 20 of these regulations,
shall provide to the Compet ent Authority the following information for
the year 2005:
(a) relating to the categories of packaging or packaging
material which he has put on the market as set out in table 1 of
Schedule 6 to these regulations; and
(b) the quantities and weight of packaging or packaging
material which he has placed on the market.
(2) By 31 January 2007 eac h producer shall provide to the
Competent Authority the information referred to in sub-regul ation (I)
hereof, in respect of packaging and packaging material put on the market
between 1 January 2006 and 31 December 2006, and thereafter the
information shall be prov ided by 31 January each year in respect of the
packaging and packaging mater ial which has been put on the market
during the immed iately preceeding year.
(3) The information referred to in sub-regulation (1 ) hereof
shall be provided in writing.
(4) The Competent Authority may specify the format in
which such informa tion is to be made availa ble.
B 3979
23. (l ) Where the business ofa producer is transfe rred in whole Transfer of a
or in part to another person the producer shall be treated as remaining Pt roducethr's business o ano er.
responsib le for packaging and packaging material in respect of which
he has made an app lication to register under regulation 21 of these
regulations, unless he is able to demonstra te to the Competent Authority
that the person to whom the transfer has been made has agreed to meet
the producer 's obligations in respect of any such packaging and
packaging material under these regulations.
(2) Where sub-regulat ion (1) hereof applies, the person to
whom the who le or part of a business is transferred is a producer for the
purposes of these regulations, and that person shall:
(a) apply to the Competent Authority for registration under
regulation 21 of these regulations; and
(b) undertake to meet the recovery and recycling targets in
regulation 8 of these regulations.
24. (I ) Persons who intend to operate a packaging waste
recovery scheme as required under the se regu lations , including the
collection, sorting, storage, export, recovery and recyc ling of packaging
waste on behalf of producers shall require and obtain a valid permit
from the Compe tent Authority in term s of the Waste Management
(Permit and Contro l) Regula tions , 200 1.
(2) Without prejud ice to the Waste Management (Permit
and Control) Regulat ions, 200 1, in apply ing for such a permit , any such
person shall provide the Competent Authority with the following
information as applicable:
(a) a copy of the Memorandum and Articles of Assoc iation;
(b) a copy of a valid development permit issued under the
Development Planning Act;
Permit requi red by
operators of
packag iag waste
recovery schemes .
Application for
permit to opera te a
packag ing waste
recovery scheme.
B 3980
L.N. 2 17of200 I.
Services offered by
scheme operators.
(c) a description of the proposed system which will provide
for the acceptance, at no net cost to the consumer, segregation,
storage and transportat ion of the packaging waste;
(d) detai ls of any deposi t-refund scheme or other scheme
adopted in order to ensure the return of packaging by consumers;
(e) annual weig hts of packaging waste in each category to
be reused, recovered and recyc led;
(f) annual packaging waste recove ry targets to be achieved
unde r the proposed scheme;
(g) proposals for determining and verifying the level of
recovery of packaging waste under the proposed scheme, including
estimations and assumptions to be made in this process;
(h) proposa ls for the certification of producers who will
make use of this scheme;
(i) proposals of how the information in regulation 15 hereof
will be compiled and made available to the Competent Authority;
(j) any other relevant information requested by the
Competent Authority.
(3) The Compe tent Authori ty may spec ify the fom1at in
whic h such information is to be made availab le.
(4) The Competent Authori ty shall make this information
avai lable in accordance with the Freedom of Access to Informa tion on
the Environmen t Regulations, 200 1.
25. The services offered by operato rs of packaging waste
recovery schemes shall:
(a) be available to producers of the sectors concerned and
open to the participation of the compete nt authority under non­
discrimina tory condi tions and shall be designed so as to avoid any
barriers to trade or distor tions of competition in conformity with
the relevant regu lations; and
(b) take into acco unt, in particular, requirements regarding
the protection of environmen tal and consumer health, safety and
hyg iene, the protectio n of the quality, the authenticity and the
B 3981
technical characteristics of the packed goods and materials used;
and the protection of industrial and commercial property rights.
26. (1) For the purposes of achieving the objectives , and Agreements.
satisfying the provisions of these regulations, econom ic operator s may
be parties to agreements with the Competent Authority. Such agreements
shall specify the detailed rules of implementation of these regula tions.
(2) Moreover:
(a) these agreements shal l be enforceable at law;
(b) they shall specify the objectives with the corresponding
deadlines;
(c) they shall be published in the Gazette;
(d) the results achieved unde r an agreement shall be
monitored regu larly, reported to the competent authorities and made
avai lable to the public under the conditions set out in the agreement;
(e) the competent authorities shall make provis ions to
examine the progress reached under an agreement.
27 . Any person shall be guilty of an offence under the se Offencesunder
these regulations.
regula tions if:
(a) he fails to comply with any provision of these regulations
or fails to comply with perm it conditions or with any order lawfully
given in terms of any provision of these regulation s; or
(b) he contravenes any restriction , prohibition or
requirement imposed by or under these regulations; or
(c) he acts in contravent ion ofany of the provisions of these
regulations; or
(d) he conspires or attempts, or aids, or abets, any other
person by whatever means, including adver tising , counselling or
procuremen t to contravene the provisions of these regulation s or
to fail to comply with any such provi sions (including any order
lawfully given in terms ofany of the provision of these regulat ions)
or to contravene any restriction, prohibition or requirement imposed
by or under the said regulations.
B 3982
Penalties.
Applicability of
Cap.9.
28. Any person who commits an offence against these regulations
shall, on conviction, be liable:
(a) on a first conviction, to a fine (multa) of not less than
five hundred Maltese liri (Lm500), but not exceeding one thousand
Maltese liri (Lm 1,000);
(b) on a second conviction or subsequent convictions, to a
fine (multa) of not less than one thousand Maltese liri (Lml ,000),
but not exceeding two thousand Maltese liri (Lm2,000 ), or to
imprisonment for a term not exceeding two years, or to both such
fine and imprisonment:
Pro vided that whenever any person is found guilty of
committing an offence under these regulations by means of a
vehicle , the owner of the said vehicle, where applicable, is held
liable in the same manner and degree:
Provided further that the court may order any person who has
been found guilty of commi ttin g an offence against these
regulations to pay for the expenses incurred by the Competent
Authority mentioned in these regulations as a result of the said
offence, the revocation of the permit issued by the Competent
Authority and the confiscation of the corp us delicti, including the
vehicle, if applicable.
29. (1) The prov isions of articles 23 and 30 of the Criminal
Code shall, mutatis mutandis, apply to proceedings in respect of offences
against these regu lations, so however that the disqualification from
holding or obtaining a licence, permit or author ity shall in no case be
for less than one year.
(2) Notwiths tanding the provisions of article 370 of the
Crimina l Code , proceedings for an offence agains t these regulations
shall be held before the Court of Magistrates (Malta) or the Court of
Mag istrates (Gozo ), as the case may be, and shall be in accordance
with the provisions of the Criminal Code regulating the procedure before
the said courts as courts of criminal judicature.
(3) Notwi thstand ing the provisions of the Criminal Code,
the Attorney General shall always have a right of appeal to the Court of
Criminal Appeal from any j udgement given by the Cour t of Magistrates
(Malta) or the Court of Magistrates (Gozo) in respec t of proceedings
for any offence against these regulations.
B 3983
30. The Waste Management (Packaging and Packaging Waste) RevokesL.N .98of
2004.
Regulat ions, 2004, are hereby revoked.
B 3984
SCHEDULE 1
ILLUSTRATIVE EXAMPLES FOR CRITERIA REFERRED TO SUB­
REGULATION (1) OF REGULATION 3
1. Illustrative example s for criterion (i):
(a) Packaging
Sweet boxes ; and
Film ove1wrap around a CD case.
(b) Non -packaging
Flower pots intended to stay with the plant throughout its
life ;
Too l boxes ;
Tea bags ;
Wax layers around cheese; and
Sausage skins.
2. Illustrative example s for criterion (ii) :
(a) Packaging , if designed and intended to be filled at the point of sale
Paper or plastic can ier bags;
Disposable plates and cups ;
Cling film ;
Sandwich bags ; and
Alumin ium foil.
(b) Non -packaging
Stirrer; and
Disposab le cutle1y.
3. Illu strati ve example s for crit erion (iii):
(a) Packaging
B 3985
Label s hung directly on or attached to a product.
(b) Part of packaging
Mascara brnsh which fmm s part of the container closure;
Sticky labels attached to another packaging item;
Staples;
Plastic sleeve s; and
Device for measuring dosage which forms part of the
container closure for detergents.
B 3986
SCHEDULE 2
ESSENTIAL REQUIREME NTS ON THE COMPOSITIO N AND THE
REUSABLE AND RECOVERABLE , INCLUDI NG RECYCLABLE , NATURE
OF PACKAGING
1. Requirements specific to the manufacturing and composition of packaging:
Packaging shall be so manufactured that the packaging volume and
weight be limited to the minimum adequate amount to maintain the
necessaiy level of safety, hygiene and acceptance for the packed
product and for the consumer.
Packaging shall be designed, produced and commerc ialized in such a
way as to pe1mit its reuse or recove1y, including recycling, and to
minimize its impact on the environment when packaging waste or
residues from packaging waste management operations are disposed
of.
Packaging shall be so manufactured that the presence of noxious and
other hazardous substances and materials as constituents of the
packaging material or of any of the packaging components 1s
minimized with regard to their presence in emissions, ash or leachate
when packagi ng or residues from management operations or
packaging waste are incinerated or landfilled.
2. Requirements specific to the reusable nature of packaging:
The following requirement s must be simultaneously satisfied:
the physical prope1ties and characte ristics of the packagi ng shall
enable a number of trips or rotations m normally predictable
conditions of use,
- possibility of process ing the used packaging in order to meet health
and safety requirements for the workforce,
- fulfil the requirements specific to recoverable packaging when the
packaging is no longer reused and thus becomes waste.
3. Requirements specific to the recoverable nature of packaging :
(a) Packaging recoverable in the f orm of material recycling
B 3987
Packaging must be manufachired in such a way as to enable the recycling of a certain
percentage by weight of the material s used into the manufacture of marketa ble
products, in comp liance with curren t standards in the European Community. The
establishment of this percentage may va1y, depending on the type of material of which
the packaging is composed.
(b) Packaging recoverable in the form of energy recove,y
Packaging waste processed for the purp ose of energy recove1y shall have a minimu m
inferior calorific value to allow optimization of energy recove1y.
( c) Packaging recoverable in the form of co111posting
Packaging waste processed for the purpose of composti ng shall be of such a
biodegradab le nature that it should not hinder the separate collection and the
composti ng process or activity into which it is introduced.
( d) Biodegradable packaging
Biodegradable packaging waste shall be of such a narure that it is capable of
underg oing physica l, chemical , the1mal or biologic al decomposition such that most of
the finished compost ultimate ly decomposes into carbon dioxide, biomass and wate r.
B 3988
SCHEDULE 3
Regulation 8
RECYC LING AND RECOVE RY TARG ETS
Table: Minimum overall reco very target s, overa ll recycl ing target s and m ate rial
speci fic recycl ing targets for the perio d 2004 - 2013
Paper and
Overall Overall Glass Metals Plastics Board Wood
Deadline Recovery Recyclin2 Recyclin2 Recyclin2 Recyclin2 Recyclin2 Recyclin2
1 May 2004 20% 18% 15% 15% 5% 15% n.a.
31 December 2004 27% 21% 15% 15% 5% 15% n.a.
31 December 2005 28% 25% 15% 15% 5% 15% n.a.
31 December 2006 34% 29% 20% 22% 7% 20% 3%
31 December 2007 41% 35% 25% 27% 10% 25% 5%
31 Decem ber 2008 47% 41% 30% 31% 13% 30% 7%
31 December 2009 50% 45% 35% 34% 15% 35% 9%
31 December 2010 53% 48% 43% 38% 17.5% 42% 11%
31 December 2011 56% 51% 50% 41% 19.5% 50% 13%
31 December 2012 58% 53% 55% 46% 21.5% 55% 14%
31 December 2013 60% 55% 60% 50% 22.5% 60% 15%
Notes :
(!) The overall recovery includes recovery and incineration at waste incineration plants with energy recovery.
(2) There is no maximum target for the overall recovery.
(3) The maximum target for overall recycling is 80%.
( 4) For the recyclin g target for plastics, exclusively material that is recycled back into plastics shall be counted.
B 3989
SCHED ULE4
DATA TO BE INCLUDED BY THE COMPETK T AUTHORITY IN ITS
DATABA SE 0 PACKAG ING AND PACKAGI NG WAS TE (I
ACCORDA NCE WITH TABLES 1 TO 4)
Table 1: Quantitie s of packaging material or packaging put on the market by each
produ cer
(Tonnes)
Producer ' s details:
Material Packaging material or packaging put on the market
GLASS
PLASTIC
PAPER/BOARD
Aluminium
METAL Steel
Total
WOOD
OTHER
TOTAL I
Notes :
(5) The data in this table refer only to quantities that are supposed to be counted under the obligations of the
regulations.
(6) Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimate s should
be explained in the desct~ption of the methodology.
(7) Dark shaded boxes: Provision of data is volunta1y.
B 3990
Table 2: Quant ities of packaging waste generated in Malta and recovered or
incinerated at waste incineration plant s with energy recovery with in or outside
Malta
(Tonnes)
Recovered or incinerated at waste incinerat ion plants with energy recove1y by:
Incineration Total recove1y
Packaging
Other Other at waste and incineration
Material waste Material Total Energy at waste fonns of forms of incinerators generated recycling recycling recycling recove1y with energy incinera tion recove1y plants with recove1y energ y recove1y
la) lb) (c) Id) /e) It) (z) (h)
GLASS
PLASTIC
PAPER/BOARD
Al11111ini11111
M ETAL Steel
Total
WOOD
OTHER
TOTAL
Notes:
(!) White boxes: Provision of data is mandato1y. Estimates may be used though they should be based on empirical
ual« anu cxplaincu in lhc ue s~ripliu n uf lhc mdhuuulug y.
(2) Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimates should
be expla ined in the descr iption of the methodolo gy.
(3) Dark shaded boxes: Provision of data is volunta1y.
(4) For the purpose of these regulations, the data on material recycling for plastics shall include all material recycled
back into plastics.
(5) Column (c) includes all forms ofrecycling including organic recycling but excluding material recycling.
(6) Column (d) must be the sum of columns (b) and (c).
(7) Column (f) includes all forms of recove1y excluding recycl ing and energy recovery.
(8) Column (h) must be the sum of columns (d), (e), (f) and (g).
(9) Rate of recovery or incineration at waste incineration plants with energy recovery for the purpose of sub­
regulation (2) of regulation 8 of these regulatio ns: column h/column a.
(10) Recycl ing rate for the purpose of sub-regulation (2) ofre gulation 8 of these regulations: column (d)/column (a).
( I I) The data for wood shall not be used for the purpos e of evaluating the minimum recycling targets for materials
contained in packagi ng waste, as provided for in sub-regulation (2) of regulation 8 of these regulations.
B 3991
Table 3: Quantities of packaging waste sent to other Member States or exported
outside the Communit y for recovery or incin eration at waste incineration plants
with energy recovery
(Tonnes)
Packaging waste sent to other Member States or exported outside the
Community for:
Incineration
Materia l at waste
Material Other fonns Energy Other forms incineratio n
recycling of recycling recove1y of recovery plants with
energy
recovery
GLASS
PLASTIC
PAPER AND BOARD
Alumi nium
METAL Steel
Total
WOOD
OTHER
TOTAL
Notes:
(!) The data in this table refer only to quantities that are supposed to be counted under the obligations of these
regulations. They are a subset of the data already provided in the table 2.
(2) Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable . These estimates should
be explained in the description of the methodology.
(3) Dark shaded boxes: Provision of data is volunta,y.
For the purpose of these regulations, the data on material recycling for plast ics shall include all material recycled back
into plastics.
B 3992
Table 4: Quantitie s of packaging waste generated in other Member States or
imported from outside the Community and sent to Malta for recovery or
incineration at waste incineration plants with energy recovery
(Tonnes)
Packaging wast e generated in other Member States or impotie d from
outside the Commun ity and sent to the Member State for:
Incineration
Material at waste
Material Other fonns Energy Other forms incineratio n
recycling of recycling recovety ofrecovety plants with
energy
recove1y
GLASS
PLASTIC
PAPER AND BOARD
Alu111ini11111
METAL Steel
Total
WOOD
OTHER
TOTAL
Notes:
(1) The daia in this table are provided for informat ion purpos es only. They are neither contained in table 2 nor can
they be counted for the fulfillment of targets by Malta.
(2) Dark shaded boxes: Provision of data is volunta1y.
(3) For the purpose of ihese regulations, the data on mate1~al recycling for plasiics shall include all mate1~al recycled
back into plastics.
B 3993
SCHEDULE 5
Regulation 21
INFORMA TION TO BE CONTA INED IN AN APPLI CATION FOR
PRODUCER REGISTRA TION
1. The address and telep hone number of the producer and where:
- the producer is a company , th e registered office ;
- th e producer is not a company , the principa l place of business.
2. The business name of the produce r if different from that referred to 111
paragraph 1.
3. The details of the person to whom the Competent Authority may address
commun ications .
B 3994
SCHEDULE 6
Regulation 20
PUBLIC REGISTER
The following information shall be contained in the register in relation to a producer
whose application for registrat ion has been approved by the Competent Authority
under regulation 21 of these regulations.
1. the producer 's name;
2. the Malta address of the registered office or principal place of business of the
producer; and
3. a statement each year as to whether the producer has met his obligation under
regulation 17 of these regulations to furnish a statement of compliance.
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