Waste Management (Packaging and Packaging Waste) (Amendment) Regulations, 2021 (L.N. 152 of 2021)

B 1240
L.N. 152 of 2021
ENVIRONMENT PROTECTION ACT
(CAP. 549)
PRODUCT SAFETY ACT
(CAP. 427)
Waste Management (Packaging and Packaging Waste)
(Amendment) Regulations, 2021
IN EXERCISE of the powers conf erred by articles 54 and 55 of
the Environment Protection Act, and by article 38 of the Produc t
Safety Act, the Minister for the Environment, Climate Change, and
Planning, after consultation with the Environment and Resources
Authority, and the Minister for T ourism and Consumer Protection ,
after consultation with the Malta Competition and Consumer Affa irs
Authority, have made the following regulations:-
Citation.
S.L. 549. 43.
1. The title of these regulations is the Waste Management
(Packaging and Packaging Waste) (Amendment) Regulations, 2021
and these regulations shall be read and construed as one with t he
Waste Management (Packaging and Packaging Waste) Regulations,
hereinafter referred to as "t he principal regulations".
Amends
regulation 2 of
the principal
regulations.
2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "as amended
by Directive 2004/12/EC of the European Parliament and of the
Council of 11 February 2004 amending Directive 94/62/EC on
packaging and packaging wast e and Directive 2005/20/EC of
the European Parliament and of the Council of 9 March 2005
amending Directive 94/62/EC on packaging and packaging
waste" shall be substituted by the words "as amended by
Directive 2004/12/EC of the European Parliament and of the
Council of 11 February 2004 amending Directive 94/62/EC on
packaging and packaging waste, Directive 2005/20/EC of the
European Parliament and of the Council of 9 March 2005
amending Directive 94/62/EC on packaging and packaging
waste, Directive (E U) 2015/720 of the Eur opean Parliament and
of the Council of 29 April 2015 amending Directive 94/62/EC
as regards reducing the consumption of lightweight plastic
carrier bags and Directive (EU) 2018/852 of the European
Parliament and of the Council of 30 May 2018 amending
Directive 94/62/EC on packaging and packaging waste."; and
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(b) sub-regulation (4) thereof shall be substituted by the
following new sub-regulation:
"(4) These regulations lay down measures aimed,
as a first priority, at preventing the production of
packaging waste and, as additi onal fundamental principles,
at reusing packaging, at recycling and other forms of
recovering packaging waste a nd, therefore, at reducing the
final disposal of such waste in order to contribute to the
transition towards a circular economy.".
Amends
regulation 3 of
the principal
regulations.
3. Regulation 3 of the principal r egulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be amended as
follows:
(i) immediately after the definition "the Act",
there shall be added the following new definition:
(ii) the definition "authorised packaging waste
recovery scheme" shall be substituted by the following
new definition:
(iii) the definition "back-end store packaging"
shall be deleted;
(iv) the definition "composite packaging" shall
be substituted by the following new definition:
" "composite packa ging" shall mean
packaging made of two or more layers of different
materials which cannot be separated by hand and
S.L. 595. 28.
" "the Agency" means the Resource,
Recovery and Recycling Agency established
by the Resource, Recovery and Recycling
Agency (Establishment) Order;";
L.N. 151 of
2021.
" "authorised packaging waste recovery
organisation" means a producer responsibility
organisation as defined in regulation 3 of the
Extended Producer Responsibility Framework
Regulations as authorised by the competent
authority in accordance with these regulations,
whose members, by virtue of these regulations
and their membership of that organisation, are
exempt from part of these regulations;";
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form a single integral uni t, consisting of an inner
receptacle and an outer enclosure, that it is filled,
stored, transported and emptied as such;";
(v) the definition "consumer packaging" shall
be deleted;
(vi) the definition "disposal" shall be deleted;
(vii) the definition "energy recovery" shall be
deleted;
(viii) immediately after the definition
"distributor", there shall be added the following new
definition:
(ix) immediately after the definition
"lightweight plastic carrier b ags", there shall be added the
following new definition:
" "making available on the market" means any
supply of packaging, packaging material or
packaged goods for distribution, consumption or
use on the market in Malta in the course of a
commercial activity, whether in return for payment
or free of charge;";
(x) immediately after the definition "the
Minister", there shall be added the following new
definition:
(xi) the definition "organic recycling" shall be
deleted;
(xii) the definition "packaging waste recovered
or incinerated at waste incineration plants with energy
recovery" shall be deleted;
L.N. 151 of
2021.
" "Extended Producer Responsibility
Consultative Committee" or "EPR Consultative
Committee" means the committee established
under regulation 5 of the Extended Producer
Responsibility Framework Regulations;";
S.L. 549. 63.
" "municipal packaging waste" means the
share of packaging waste in municipal waste as
defined in the Waste Regulations;";
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(xiii) immediately after th e definition "packaging
waste" there shall be added the following new definition:
" "placing on the market" means the first
making available of packa ging, packaging material
or packaged goods on the m arket in Malta;";
(xiv) the definition "prevention" shall be deleted;
(xv) the definition "put on the market" shall be
deleted;
(xvi) the definition "rate of recovery or
incineration at waste incin eration plants with energy
recovery" shall be deleted;
(xvii) the definition "recovered packaging waste"
shall be deleted;
(xviii) the definition "recycled packaging waste"
shall be deleted;
(xix) the definition "recycling" shall be deleted;
(xx) the definition "recycling rate" shall be
deleted;
(xxi) the definition "re use" shall be deleted;
(xxii) immediately after the definition "product
loops which are in a closed and controlled chain", there
shall be added the following new definition:
" "reusable packaging" shall mean packaging
which has been conceived, designed and placed on
the market to accomplish within its lifecycle
multiple trips or rotations by being refilled or
reused for the same purpose for which it was
conceived;"; and
(b) sub-regulation (2) thereof shall be substituted by the
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following new sub-regulation:
Substitutes
regulation 8 of
the principal
regulations.
4. Regulation 8 of the princip al regulations shall be
substituted by the fo llowing new regulation:
S.L. 549. 63.
L.N. 151 of
2021.
(2) The definitions "disposal", "waste",
"waste management", "collection", "separate
collection", "prevention", "reuse", "treatment",
"recovery" and "recycling" shall have the same
meaning as that laid down in regulation 4 of the
Waste Regulations and the definition "extended
producer responsibility scheme" shall have the
same meaning as that laid down in the
Extended Producer Responsibility Framework
Regulations.".
"
Recovery
and recycling
targets.
8. (1) Producers or authorised packaging
waste recovery organisati ons acting on their behalf
shall take necessary measures to attain the targets
laid down in Schedule 3.
(2) Without prejudice to paragraph (a) of
section 2 and paragraph (a) of section 3 of Schedule
3, the Minister may postpone the deadlines for
attaining the targets referred to in paragraph (b) of
section 2 and paragraph (b) of section 3 of Schedule
3 by up to five years, under the following
conditions:
(a) the derogation is limited to a
maximum of 15 percentage points from a
single target or divided between two targets;
(b) as a result of the derogation, the
recycling rate for a single target is not
reduced below 30%;
(c) as a result of the derogation, the
recycling rate for a single target referred to in
paragraph (b)(v) and (vi) of section 2 and
paragraph (b)(v) and (vi) of section 3 of
Schedule 3 is not reduced below 60%; and
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S.L. 549. 63.
(d) at the latest twenty-four months
before the respective deadline laid down in
paragraph (b) of section 2 and paragraph (b)
of section 3 of Schedule 3, the Minister
notifies the European Commission of his
intention to postpone the respective deadline
and submits an implementation plan in
accordance with Annex IV to Directive 94/
62/EC. The Minister may combine that plan
with an implementation plan submitted
pursuant to the Waste Regulations.
(3) Packaging waste generated in Malta may
be deemed to be equal to the amount of packaging
placed on the market in the same calendar year
within the territory of Malta by each producer.
(4) For the purpose of calculating whether the
targets laid down in sections 2 and 3 of Schedule 3
have been attained:
(a) the weight of packaging waste
generated and recycled in a given calendar
year shall be calculated; and
(b) the weight of packaging waste
recycled shall be calculated as the weight of
packaging that has become waste which,
having undergone all necessary checking,
sorting and other preliminary operations to
remove waste materials that are not targeted
by the subsequent reprocessing and to ensure
high-quality recycling, enters the recycling
operation whereby waste materials are
actually reprocessed into products, materials
or substances.
(5) For the purposes of sub-regulation (4)(a),
the weight of packaging waste recycled shall be
measured when the waste enters the recycling
operation:
Provided that by way of derogation, the
weight of the packaging waste recycled may be
measured at the output of any sorting operation:
Provided further that:
(a) such output waste is subsequently
recycled; and
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(b) the weight of materials or
substances that are removed by further
operations preceding the recycling operation
and are not subsequently recycled is not
included in the weight of waste reported as
recycled.
S.L. 549. 63.
(6) The competent authority shall establish an
effective system of quality control and traceability
of the packaging waste to ensure that the conditions
laid down in sub-regulations (4)(a) and (5)(a) and
(b) are met. To ensure the reliability and accuracy of
the data gathered on recycled packaging waste, the
system may consist of electronic registries set up
pursuant to regulation 33(5) of the Waste
Regulations, technical speci fications for the quality
requirements of sorted waste, or average loss rates
for sorted waste for various waste types and waste
management practices res pectively. Average loss
rates shall only be used in cases where reliable data
cannot be otherwise obtained and shall be
calculated on the basis of the calculation rules
established in accordance with Article 11a(10) of
Directive 2008/98/EC.
(7) For the purposes of ca lculating whether the
targets laid down in sections 2 and 3 of Schedule 3
have been attained, the amount of biodegradable
packaging waste that enters aerobic or anaerobic
treatment may be counted as recycled where that
treatment generates compost, digestate, or other
output with a simila r quantity of rec ycled content in
relation to input, which is to be used as a recycled
product, material or substance:
Provided that where the output is used on
land, the competent authority may count it as
recycled only if this use results in benefits to
agriculture or ecological improvement.
(8) The amount of packaging waste materials
that have ceased to be waste as a result of a
preparatory operation befo re being reprocessed may
be counted as recycled provided that such materials
are destined for subsequent reprocessing into
products, materials or substa nces to be used for the
original or other purposes:
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Provided that end-of-waste materials to be
used as fuels or other means to generate energy, or
to be incinerated, backfilled or landfilled, shall not
be counted towards the attainment of the recycling
targets.
(9) For the purposes of calculating whether the
targets laid down in sections 2 and 3 of Schedule 3
have been attained, the recycling of metals
separated after incineration of waste in proportion
to the share of the packaging waste incinerated may
be taken into account pr ovided that the recycled
metals meet certain quality criteria laid down in
Commission Decision 2005/270 (EC) establishing
the formats relating to the database system pursuant
to Directive 94/62/EC of the European Parliament
and of the Council on Packaging and Packaging
Waste as amended.
(10) Packaging waste sent to another Member
State for the purposes of recycling in that other
Member State may only be counted towards the
attainment of the targets laid down in sections 2 and
3 of Schedule 3 by the competent authority in which
that packaging waste was collected.
(11) Packaging waste exported from the
European Union shall count towards the attainment
of the targets laid down in sub-regulation (1) only if
the requirements of sub-regulation (6) are met and
if, in accordance with Regulation (EC) No 1013/
2006 of the European Parliament and of the
Council, the exporter can pr ove that the shipment of
waste complies with the requirements of that
Regulation and that the treatment of packaging
waste outside the Europe an Union took place in
conditions that are broadly equivalent to the
requirements of the relevant European Union
environmental law.
(12) For the application of this regulation, the
rules for calculation, ve rification and reporting of
data, in particular as regards the weight of
packaging waste gene rated, laid down in
Commission Decision 2005/270 (EC) establishing
the formats relating to the database system pursuant
to Directive 94/62/EC of the European Parliament
and of the Council on Packaging and Packaging
Waste as amended shall apply.".
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Substitutes
regulation 9 of
the principal
regulations.
5. Regulation 9 of the princip al regulations shall be
substituted by the fo llowing new regulation:
Amends
regulation 10 of
the principal
regulations.
6. Regulation 10 of the princ ipal regulations shall be
amended as follows:
(a) the marginal note thereof shall be substituted by the
words "National measures.";
(b) in sub-regulation (1) thereof, the words "The
competent authority shall take such measures" shall be
substituted by the words "The Minister, in consultation with th e
competent authority and the Agency, shall take measures"; and
(c) paragraph (a) of sub-regul ation (1) thereof shall be
substituted by the following new paragraph:
"(a) ensure that, in addition to the measures taken
in accordance with regulation 4, other preventive measures
are implemented in order to prevent generation of
packaging waste and to minimise the environmental
impact of packaging. Such other preventive measures may
consist of national programmes, incentives through
extended producer responsibility schemes to minimise the
environmental impact of pa ckaging, or similar actions
adopted, if appropriate, in c onsultation with relevant
stakeholders such as economic operators, and consumer
and environmental organisations, and designed to bring
together and take advantage of the many initiatives taken
within Malta as regards prevention.
The Minister shall make use of economic
instruments and other measures to provide incentives for
the application of the was te hierarchy such as those
indicated in Annex IVa to Directive 2008/98/EC or other
appropriate instruments and measures;".
Adds new
regulation to the
principal
regulations.
7. Immediately after regulation 10 of the principal
"Information
systems and
reporting.
9. The competent authority shall maintain a
database containing annual records about packaging
and packaging waste according to the format
specified in Article 12(2) and Annex III to Directive
94/62/EC, as amended.".
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regulations, there shall be added the following new regulation:
"Reuse.
S.L. 549. 63.
10A. (1) In line with the waste hierarchy laid
down in regulation 4A of th e Waste Regulations, the
Minister, in consultation with the competent
authority and the Agency, shall take measures to
encourage the increase in the share of reusable
packaging placed on the market and of systems to
reuse packaging in an environmentally sound
manner, without compromis ing food hygiene or the
safety of consumers. Such measures may include,
inter alia:
(a) the use of deposit-return schemes;
(b) the setting of qualitative or
quantitative targets;
(c) the use of economic incentives;
(d) the setting up of a minimum
percentage of reusable packaging placed on
the market every year for each packaging
stream.
(2) The competent authority may decide that
producers or authorised packaging waste recovery
organisations acting on their behalf attain an
adjusted level of the targets referred to in sections 2
and 3 of Schedule 3 for a given year by taking into
account the average share, in the preceding three
years, of reusable sales packaging placed on the
market for the first time and reused as part of a
system to reuse packaging.
(3) The adjusted level referred to in sub-
regulation (2) shall be calculated by subtracting:
(a) from the targets laid down in
paragraph (a) of section 2 and paragraph (a) of
section 3 of Schedule 3, the share of the
reusable sales packaging referred to in sub-
regulation (2) in all sal es packaging placed on
the market; and
(b) from the targets laid down in
paragraph (b) of section 2 and paragraph (b) of
section 3 of Schedule 3, the share of the
reusable sales packaging referred to in sub-
regulation (2), composed of the respective
packaging material, in a l l s a l e s p a c k a g i n g
composed of that material placed on the
market:
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Amends
regulation 13 of
the principal
regulations.
8. Regulation 13 of the princ ipal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be amended as
follows:
(i) in paragraph (a) thereof the words ", ensuring
that these systems are open to all economic operators"
shall be deleted;
(ii) in paragraph (b) thereof, the words
"packaging waste collected;" shall be substituted by the
words "packaging waste collected."; and
(iii) paragraph (c) thereof shall be deleted;
(b) sub-regulation (4) thereof shall be substituted by the
following new sub-regulation:
"(4) The systems referred to in sub-regulation (1)
shall be open to the participation of the economic operators
of the sectors concerned and to the participation of the
competent public authoritie s. They shall also apply to
imported products under non-discriminatory conditions,
including the detailed arrangements and any tariffs
imposed for access to the systems, and shall be designed so
as to avoid barriers to trade or distortions of competition in
conformity with the Treaty on the Functioning of the
European Union.";
Provided that no more than five percentage
points of such share shall be taken into account for
the calculation of the res pective adjusted target
level.
(4) The amounts of wooden packaging that is
repaired for reuse may be taken into account in the
calculation for the attainment of the targets laid
down in paragraphs (a) and (b)(ii) of section 2 and
(a) and (b)(ii) of section 3 of Schedule 3.
(5) The rules for calculation laid down in
Commission Decision 2005/270 (EC) establishing
the formats relating to the database system pursuant
to Directive 94/62/EC of the European Parliament
and of the Council on Packaging and Packaging
Waste as amended shall apply for sub-regulations
(2), (3) and (4).".
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(c) sub-regulation (5) thereof shall be substituted by the
following new sub-regulation:
"(5) The measures referred to in sub-regulations
(1), (4) and (8) shall form part of a policy covering all
packaging and packaging waste and shall take into
account, in particular, requirements regarding the
protection of the environment and consumer health, safety
and hygiene, the protection of the quality, the authenticity
and the technical characteristics of the packed goods and
materials used, and the protection of industrial and
commercial property rights.";
(d) sub-regulation (6) thereof shall be substituted by the
following new sub-regulation:
"(6) Those producers who opt to self-comply for
transport packaging shall ensure that packaging waste
arising on their premises undergoes proper treatment,
necessary for the achievement of the recovery and
recycling targets set out in Schedule 3.
Without prejudice to regulation 28, a self-
compliant producer who fails to achieve the minimum
overall recycling target set out in regulation 8 shall submit
to the competent authority an additional fee as prescribed
in Part B of Schedule 8:
Provided that until the producer submits to
the competent authority the additional fee as prescribed in
Part B of Schedule 8, he shall not be deemed to have
renewed his registration in accordance with regulation
21(2).";
(e) sub-regulation (7) thereof shall be substituted by the
following new sub-regulation:
"(7) An authorised packaging waste recovery
organisation shall finance any systems set up for
the collection, treatment, recovery and
environmentally sound disposal of municipal
packaging waste generated:
Provided that an authorised packaging
waste recovery organis ation shall make the
necessary arrangements with Local Councils for:
(a) the door-to-door collection of
municipal packaging waste generated; and
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(f) immediately after sub-regulation (7) thereof, there shall be
added the following ne w sub-regulations:
S.L. 549. 63.
(b) the provision of recycling points for
the separate collection, by categories, of
municipal packaging waste generated
according to the quota stipulated in regulation
10(2) of the Waste Regulations. For the
purposes of recycling points under this
provision, separate collection shall not
include co-mingled collection in accordance
with the definition of co-mingled collection
in regulation 4 of the Waste Regulations:
Provided further that should authorised
packaging waste recovery organisations fail to
reach an agreement with p articular Local Councils,
the competent authority, in consultation with the
EPR Consultative Committee, shall allocate those
Local Councils without arrangements amongst
authorised packaging waste recovery organisations
on the basis of:
(a) the latest quarterly declaration
submitted by the authorised packaging waste
recovery organisation in accordance with
regulation 17(1); and
(b) the actual demographics of those
Local Councils.
L.N. 151 of
2021.
"(8) The competent authority, in consultation
with the EPR Consultative Committee, shall ensure
that by 31 December of 2024 extended producer
responsibility schemes are established for all
packaging in accordance with the provisions of the
Extended Producer Responsibility Framework
Regulations.
S.L. 549. 63.
(9) The Minister, in consultation with the
competent authority and the Agency, shall take
measures to promote high quality recycling of
packaging waste and to meet the necessary quality
standards for the relevant recycling sectors. To that
end, regulation 10C(1) of the Waste Regulations
shall apply to packaging waste, including for
composite packaging.".
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Amends
regulation 16 of
the principal
regulations.
9. Regulation 16 of the principal regulations shall be
amended as follows:
(a) in sub-article (1) thereof, the second figure "16."
shall be deleted; and
(2) sub-regulations (2), (3) and (4) thereof shall be
substituted by the following new sub-regulations:
"(2) For the purposes of achieving the objectives
of these regulations, producers are obliged to join a
packaging waste recovery organization duly authorized by
the competent authority for all packaging placed on the
market:
Provided that producers can opt to be self-
compliant for transport packaging or the share thereof
placed on the market.
(3) If the producer opts to self-comply, the
producer is obliged to sign an agreement with the
distributor(s) to collect back t he transport packaging waste.
If no agreement is in place, participation in a packaging
waste recovery organisation for all of the transport
packaging at the distributor’s end shall be required.
(4) In the case of producers who opt to join an
authorised packaging waste recovery organisation for the
transport packaging, they sha ll do so for all categories of
packaging.".
Amends
regulation 17 of
the principal
regulations.
10. Regulation 17 of the principal regulations shall be
amended as follows:
(a) in paragraph (c) of sub-regulation (1) thereof, the
words "in a statement of compliance.", shall be substituted by
the words "in a statement of compliance;", and immediately
thereafter there shall be added the following new paragraph:
"(d) Provide on a quarterly basis, a declaration,
containing information on the actual weight of packaging
or packaging material placed on the national market by the
members of the authorised packaging waste recovery
organisations during the previous quarter of the calendar
year. Such declaration shall be submitted to the Authority,
in the format established by the Authority, within one (1)
calendar month following the end of that quarter.";
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(b) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation:
"(2) The authorised packaging waste recovery
organisation shall submit a half-yearly report to the
competent authority within three (3) calendar months
following the end of that period, whereas an annual report
shall be submitted to the competent authority within four
(4) calendar months of the closing of the year.
The half-yearly and annual reports shall
contain at least the informati on set out in Part A and Part B
of Schedule 7 together with any other information as
specified in the authorisatio n issued by the competent
authority.
The half-yearly and annual reports shall be
issued and signed by any of t he authorised signatories
referred to in Schedule 13."; and
(c) in sub-regulation (3) thereof, the words "a copy of
the quarterly" shall be substituted by the words "a digital cop y
of the half-yearly".
Amends
regulation 21 of
the principal
regulations.
11. Immediately after sub-regulat ion (7) of regulation 21 of
the principal regulations, ther e shall be added the following n ew sub-
regulations:
"(8) A producer who sells packaging or packaging
material by means of distance communication directly to
consumers in Malta and is established in another EU Member
State or third country shall upon applying for registration
according to sub-regulation (1) appoint a legal o r natural pers on
established in Malta as an author ised representative responsibl e
for fulfilling his obligations in Malta, pursuant to these
regulations, for the packaging or packaging material being sold
on the territory of Malta.
(9) Appointment of an authorised representative shall
be made by written mandate by means of a declaration as set out
in Schedule 14.".
Amends
regulation 24 of
the principal
regulations.
12. Regulation 24 of the principal regulations shall be
amended as follows:
(a) in sub-regulation (5) thereof, the words "Such period shall
in no case exceed three(3) years" shall be deleted;
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(b) sub-regulation (10) thereof shall be substituted by the
following:
"(10) Without prejudice to regulation 28, an authorised
packaging waste recovery organisation that fails to achieve the
the minimum overall recycling target set out in regulation 8 sh all
submit to the competent authority an additional fee as
prescribed in Part B of Schedule 11.".
Amends
Schedule 2 to
the principal
regulations.
13. Schedule 2 to the principal regulations shall be amended as
follows:
(a) the second sub-paragraph under paragraph 1 thereof
shall be substitu ted by the following:
"- Packaging shall be designed, produced and
commercialised in such a way as to permit its reuse or
recovery, including recycling, in line with the waste
hierarchy, and to minimise its impact on the environment
when packaging waste or residues from packaging waste
management operations are disposed of.";
(b) in sub-paragraph (c) of paragraph 3 thereof, the
word "should" shall be substituted by the word "does"; and
(c) in sub-paragraph (d) ther eof, immediately after the
words "biomass and water." there shall be added the words
"Oxo-degradable plastic packagi ng shall not be considered as
biodegradable.".
Substitutes
Schedule 3 to
the principal
regulations.
14. Schedule 3 to the principal regulations shall be substituted
by the following new Schedule:
"SCHEDULE 3
(Regulation 8)
RECOVERY AND RECYCLING TARGETS
1. Producers or authorised packaging waste recovery
organisations acting on their behalf shall take the necessary measures
to ensure that in any year:
(a) 60% as a minimum by weight of packaging waste is
recovered or incinerated at waste incineration plants with
energy recovery; and
(b) a minimum of 55% and a maximum of 80% by
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weight of packaging waste is recycled; and
(c) the following minimum recycling targets for
materials contained in pack aging waste are attained:
(i) 60% by weight for glass;
(ii) 60% by weight for paper and board;
(iii) 50% by weight for metals;
(iv) 22.5% by weight for plastics;
(v) 15% by weight for wood.
2. By not later than 31 December 2025, producers or
authorised packaging waste recovery organisations acting on the ir
behalf shall take the necessary measures to ensure that in any year:
(a) a minimum of 65% by wei ght of all packaging waste
will be recycled; and
(b) the following minimum targets by weight for
recycling will be met regarding the following specific material s
contained in packaging waste:
(i) 50% of plastic;
(ii) 25% of wood;
(iii) 70% of ferrous metals;
(iv) 50% of aluminium;
(v) 70% of glass;
(vi) 75% of paper and cardboard.
3. By not later than 31 December 2030, producers or
authorised packaging waste recovery organisations acting on the ir
behalf shall take the necessary measures to ensure that in any year:
(a) a minimum of 70% by wei ght of all packaging waste
will be recycled; and
(b) the following minimum targets by weight for
recycling will be met regarding the following specific material s
contained in packaging waste:
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(i) 55% of plastic;
(ii) 30% of wood;
(iii) 80% of ferrous metals;
(iv) 60% of aluminium;
(v) 75% of glass;
(vi) 85% of paper and cardboard.".
Deletes
Schedule 4 to
the principal
regulations.
15. Schedule 4 to the principal re gulations shall be deleted.
Amends
Schedule 5 to
the principal
regulations.
16. Schedule 5 to the principal regulations shall be amended as
follows:
(a) the words "Name and addr ess" shall be substituted
by the words "- Name and address", and the phrase shall
become the first paragraph of Part A thereof;
(b) the sixth paragraph of Part A thereof shall be
substituted by the following new paragraph:
"- Type of packaging or packaging material
placed on the market (sales packaging or grouped
packaging or transport packaging)"; and
(c) the third and fourth paragraphs of Part B thereof
shall be substituted by the following new paragraphs:
"- Quantities of packaging or packaging
material placed on the national market, by weight and by
material during the specific reporting period in accordance
with the reporting formats to be established by the
competent authority;
- Quantities of sales packaging or packaging
material placed on the national market, by weight and by
material during the specific reporting period in accordance
with the reporting formats to be established by the
competent authority;
- Quantities of reusable packaging or
packaging material placed on the national market, by
weight and by material during the specific reporting period
in accordance with the reporting formats to be established
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B 1258
by the competent authority;
- Quantities of reusable sales packaging or
packaging material placed on the national market, by
weight and by material duri ng the specific reporting period
in accordance with the reporting formats to be established
by the competent authority;
- The number of rotations for all reusable
packaging during the specific reporting period multiplied
by their mass in accordance with the reporting formats to
be established by the competent authority;
- The number of rotations for all reusable sales
packaging during the specific reporting period multiplied
by their mass in accordance with the reporting formats to
be established by the competent authority;
- Quantities, by weight, of wooden packaging,
that has been repaired during the specific reporting period
in accordance with the reporting formats to be established
by the competent authority;
- Quantities, by weight and by material, of
collected packaging waste that has been recycled and
recovered during the specific reporting period in
accordance with the reporting formats to be established by
the competent authority;".
Amends
Schedule 7 of
the principal
regulations.
17. Schedule 7 to the principal regulations shall be amended as
follows:
(a) the sub-heading thereof shall be substituted by the
following new sub-heading:
"Information to be contained in the half-yearly and
annual reports of an authoris ed packaging waste recovery
organisation"; and
(b) the second and third paragraphs of Part A thereof
shall be substituted by the following new paragraphs:
"- Quantities of packaging or packaging
material placed on the national market by the producers
who participate in the produc er responsibility organisation,
by weight and by material during the specific reporting
period in accordance with the reporting formats to be
established by the competent authority;
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B 1259
- Quantities of sales packaging or packaging
material placed on the national market, by weight and by
material during the specific reporting period in accordance
with the reporting formats to be established by the
competent authority;
- Quantities of reusable packaging or
packaging material placed on the national market, by
weight and by material during the specific reporting period
in accordance with the reporting formats to be established
by the competent authority;
- Quantities of reusable sales packaging or
packaging material placed on the national market, by
weight and by material during the specific reporting period
in accordance with the reporting formats to be established
by the competent authority;
- The number of rotations for all reusable
packaging during the specific reporting period multiplied
by their mass in accordance with the reporting formats to
be established by the competent authority;
- The number of rotations for all reusable sales
packaging during the specific reporting period multiplied
by their mass in accordance with the reporting formats to
be established by the competent authority;
- Quantities, by weight, of wooden packaging,
that has been repaired during the specific reporting period
in accordance with the reporting formats to be established
by the competent authority;
- Quantities, by weight and by material, of
collected packaging waste that has been recycled and
recovered during the specific reporting period in
accordance with the reporting formats to be established by
the competent authority;".
Amends
Schedule 8 to
the principal
regulations.
18. Part B of Schedule 8 to the pri ncipal regulations shall be
substituted by the following new Part:
"Part B: Additional fee for a self-compliant producer of
packaging or packaging material
A self-compliant producer of packaging or packaging
material who failed to achieve t he overall minimum recycling
target set out in Schedule 3 during the previous operational ye ar,
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shall submit an additional fee to the Authority within 3 months
of the following year, c alculated as follows:
A*(B - C)*D = AF self-compliant
where:
"A" is the weight, in tonnes of transport packaging placed
on the market in Malta during the operational year;
"B" is the overall minimum r ecycling target set out in
Schedule 3 applicable for that operational year;
"C" is the rate of transport packaging waste recycled by the
self-compliant producer during the previous operational year,
provided that, if C is great er than or equal to B, AF self-compliant
would be considered to be equal to zero (0);
"D" is a fee equivalent to:
- three hundred and twenty euro (€320) per
tonne if the difference between "B" and "C" is more than
25 percentage points;
- two hundred and fifty euro (€250) per tonne if
the difference between "B" and "C" is between 10 to 25
percentage points, both inclusive; and
- one hundred and eighty euro (€180) per tonne
if the difference between "B" and "C" is less than 10
percentage points;
"AF
self-compliant " is the additional fee for a self-compliant
producer who failed to achieve the overall minimum recycling
target.
The competent authority shall indicate the administrative
procedure for the issuing and collection of such additional fee ,
and shall notify the producer accordingly.
All revenue generated under Part B of this Schedule shall
be payable to the Waste Management Fund as established in
regulation 37 of the Waste Regulations (S.L. 549.63).".
Amends
Schedule 11 to
the principal
regulations.
19. Part B of Schedule 11 to the p rincipal regulations shall be
substituted by the following new Part:
"Part B: Additional fee for an authorised packaging waste
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B 1261
recovery organisation
A packaging waste recovery organisation that failed to
achieve the overall minimum recycling target set out in
Schedule 3 during the previous operational year shall submit an
additional fee to the Authority within 6 m onths of the followin g
year, calculated as follows:
A*(B - C)*D = AF PRO
where:
"A" is the total weight, in tonnes of packaging or
packaging material put on the market in Malta by its members
during the previous operational year;
"B" is the overall minimum recycling target set out in
Schedule 3 applicable for that operational year;
" C " i s t h e r a t e o f t o t a l p a ckaging waste recycled by the
packaging waste recovery organisation during the previous
operational year, provided that, if C is greater than or equal to B,
AFPRO would be considered to be equal to zero (0);
"D" is a fee equivalent to:
- one hundred euro (€100) per tonne if the
difference between "B" and "C" is more than 25 percentage
points;
- seventy-five euro (€75) per tonne if the
difference between "B" and "C" is between 10 to 25
percentage points, both inclusive; and
- fifty-five euro (€55) per tonne if the
difference between "B" and "C" is less than 10 percentage
points;
"AF
PRO" is the additional fee for an authorised packaging
waste recovery organisation that failed to achieve the overall
minimum recycling target.
The competent authority shall indicate the administrative
procedure for the issuing and collection of such additional fee ,
and shall notify the authoris ed packaging waste recovery
organisation accordingly.
All revenue generated under this Schedule shall be payable
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to the Waste Management Fund as established in regulation 37
of the Waste Regulations (S.L.549.63).".
Adds a new
schedule to the
principal
regulations.
20. Immediately after Schedule 13 to the principal regulations
there shall be added the following new Schedule:
"Schedule 14
(Regulation 21A)
Written Mandate Declaration
Name of Producer:
Address:
hereby appoints
Name of legal or natural person established in Malta:
Address:
, as the producer’s authorised representative in Malta in
accordance with regulation 21A.
Name of legal or natural pe rson established in Malta:
hereby represents and undertak es the responsibilities as the
authorised represent ative in Malta for
Name of Producer:
, in accordance with the Waste Management (Packaging &
Packaging Waste) Regulations.
This mandate, signed by both parties, commences on the date of
signature unless otherwise declared, and will cease once either
party informs the competent authority in Malta managing the
national register that this mandate has been terminated.
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On one part,
Name of Producer:
Signature:
Date:
On one other part,
Name of Authorised Representative:
Signature:
Date:".
Amends various
provisions of
the principal
regulations.
21. (1) In the principal regulations, the words "packaging
waste recovery scheme", wherever they occur, shall be substitut ed by
the words "packaging waste recovery organisation".
(2) In the principal regulations , the word "scheme", wherever
it occurs, provided that such wo rd is not part of the phrase "p ackaging
waste recovery scheme", shall be substituted by the words "producer
responsibility organisation".
(3) In the principal regulations, the words "put on the market" ,
wherever they occur, shall be s ubstituted by the words "placed on the
market"; and for the words "putting on the market", wherever th ey
occur, there shall be substituted the words "placing on the mar ket".
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________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
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