Beverage Containers Recycling Regulations, 2020 (deposit return)

B 2010
L.N. 311 of 2020
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Beverage Containers Recycling Regulations, 2020
I N E X E R C I S E o f t h e p o w e r s c onferred by article 54 of the
Environment Protection Act, the Minister for the Environment,
Sustainable Development and Cli mate Change has made the followi ng
regulations:-
PART I
Preliminary
Citation, scope
and
commencement.
1. (1) The title of these regulations is the Beverage
Containers Recycling Regulations, 2020.
(2) The objective of th ese regulations is to enhance the circula r
economy by making provi sion for the establis hment and operation of a
beverage container refund scheme , enhance the collection and
recycling of beverage containers, increase national recycling e fforts,
reduce litter and fulfil the objectives of the Act.
(3) These regulations shall come into force on the 3rd July,
2020, except for regulations 13 to 30 and regulations 33 to 37, both
regulations inclusive, which shal l come into force on such date o r
dates as the Minister may by notice in the Gazette appoint.
S.L. 549. 43.
(4) The purpose of these regul ations is to implement the
provisions of Directive 94/62/EC of the European Parliament and of
the Council of the 20th December 1994 on packaging and packagin g
waste with respect to beverage c ontainers and the provisions of these
regulations and of the Waste Management (Packaging and Packagin g
Waste) Regulations shall be applied and interpreted accordingly .
S.L. 549. 43.
(5) These regulations shall not exempt producers placing
beverages in containers on the market from their obligations under the
Waste Management (Packaging and Packaging Waste) Regulations fo r
any beverages or beverage contai ners or other forms of packagin g that
are not covered under these regulations.
Interpretation. 2. (1) In these regulations, unless the context requires
otherwise:
Cap. 549. "Act" means the Environment Protection Act;
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S.L. 595. 28.
"Agency" means the Resource, Recovery and Recycling Agency
established by virtue of the Resource, Recovery and Recycling Agency
(Establishment) Order;
"Authority" means the Environment and Resources Authority
established under article 6 of t he Act and includes any body or other
person acting on its behalf under powers delegated by the Autho rity
under the Act;
"barcode" means the global trade item number (GTIN), the
international article number (E AN) or the quick response (QR) c ode
for the beverage in a beverage container;
"beverage" means any of the beverages listed in the First
Schedule;
"beverage container" means any container of a beverage which
beverage container is of a type listed in the Second Schedule;
"catering establishment" means an establishment providing
hospitality and food services in the territory where beverages in
beverage containers are consum ed by consumers on its premises;
"catering undertaking" means any person who makes available
beverages in beverage containers on the market within a caterin g
establishment;
S.L. 595. 28.
"Chief Executive" means the chief executive of the Agency,
established by virtue of regulat ion 6 of the Resource, Recovery a n d
Recycling Agency (Establishment) Order;
"clearing centre" means the centre operated by the operator
where collected beverage contain ers are transmitted from redemp tion
locations for final receipt and processing for the purposes of recycling;
"collection" means the gathering of empty beverage containers,
including the preliminary sorting and preliminary storage there of for
the purposes of transport to the clearance centre pursuant to P art III or
to a producer of beverages placing, or intending to place, refillable
containers on the market pursuant to Part IV , and "collected" shall be
interpreted accordingly;
"consumer" means every person who acquires, whether
gratuitously or for a consideration, a beverage in a beverage c ontainer
for consumption;
"deposit" means the deposit to be paid upon the purchase of a
beverage in a beverage container imposed pursuant to regulation 1 5
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and regulation 21 respectively, which deposit shall be of a value which
is not less than the value indicated in the Third Schedule;
"distributor" means any person who makes available on the
market beverages in beverage cont ainers on a wholesale level to
another person;
"environmental contribution" m eans such contribution that a
person is to pay the Agency in li ne with the polluter pays prin ciple
under these regulations to mitigate damages to the environment;
"licence agreement" means the agreement between the Agency
and the operator pursuant to sub-regulation (4) of regulation 4 ;
"making available on the market" means any form of supply of a
beverage, in a beverage container for distribution, consumption or use
on the market packed in containers within the territory in the course of
a commercial activity, whether in return for payment or free of charge,
and "make available on the marke t" shall be interpreted accordi ngly;
"Minister" means the Minister r esponsible for the environment;
"operator" means the person licensed by the Agency to operate
the Scheme pursuant to regulation 4;
"placing on the market" means the first making available of a
beverage in a beverage container on the market within the terri tory,
and "place on the market" shall be inter preted accordingly;
"producer" means any person importing, bottling, canning, or
otherwise filling beverages in b everage containers intended to be
placed on the market in the territory, irrespective of the bott ling,
canning, filling or importing technique used, and irrespective of how
the beverage in beverage contai ner is placed on the market, including:
S.L. 378. 17.
(i) placing on the market by m eans of distance contracts
as defined in regulation 2 of the Consumer Rights Regulations;
and
S.L. 378. 17.
(ii) placing on the market directly to private households
or to consumers other than pri vate households, including by
means of distance contracts as defined in regulation 2 of the
Consumer Rights Regulations;
"recycling" means the reproce ssing in a production process of
beverage containers for the original purpose or for other purpo ses
including organic recycling but excluding energy recovery;
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"redemption location" means a place where beverage containers
are to be returned for collection purposes, as specified in regulation 18,
and includes a location where an RVM is placed;
"refillable container" means a beverage container in relation t o
w h i c h a s y s t e m i s i n p l a c e i n t h e t e r r i t o r y f o r i t s r e u s e , w h e re the
producer has obtained an exempti on from the Scheme in terms of
regulation 19;
S.L. 441. 07.
"retailer" means any person who makes available on the market
beverages in beverage containers at the retail level to consumers in the
territory, and includes street haw kers, as defined in the Tradi ng
Licenses Regulations;
"retail establishment" means a n establishment operated by a
retailer;
"reuse" means any operation whereby a beverage container,
which has been conceived and designed to accomplish within its life
cycle a minimum number of trips or rotations, is refilled or us ed for the
same purpose for which it was conceived, with or without the su pport
of auxiliary products present on the market enabling the bevera ge
container to be refilled, and such reused beverage container will
become packaging waste when no longer subject to reuse;
"RVM" means an automated reverse vending machine with
compaction which refunds the deposit value to consumers;
"Scheme" means the system set up by Part III for the
establishment and operation of a beverage container refund syst em;
"single use container" is a beverage container which is not a
refillable container;
"supply chain" means the chain of supply of the beverage from
producer to consumer;
"territory" means Malta as defined in article 124 of the
Constitution of Malta.
(2) Any other term or expression used in these regulations
which is defined in article 2 of the Act shall, unless otherwis e
expressly defined in these regulations or the context otherwise
requires, have the same meaning as is assigned to it in the sai d article 2
of the Act.
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PART II
Licence to Operate the Scheme
Licence for the
operation of a
beverage
container refund
scheme.
3. No person may set up, establish and operate a beverage
container refund system except in accordance with a licence iss ued in
terms of the provisions of these regulations.
Application for
a licence.
4. (1) Any application for the grant of a licence shall be
made to the Agency and shall contain such information, document s
and other material as provided in these regulations.
(2) The Agency shall issue a licence to a non-governmental
organisation to operate the Scheme across the whole territory w ithout
limiting those areas to those where the collection is most prof itable:
Provided that the organisation is a legal person whose
shareholders if a company, its partners if a partnership, its m embers if
an association, or its founders if a foundation, are, whether d irectly or
indirectly, producers, and retailers, and where the said shareh olders,
partners, members or founders, as the case may be, represent, d irectly
or indirectly, as a minimum, thos e producers and retailers that place on
the market the majority of single use beverage containers.
(3) In the absence of there being an organisation pursuant to
sub-regulation (2), the Agency sh all exercise all such powers a s may
be necessary or expedient, for the purposes of implementing the
Scheme under the provisions of th ese regulations, to select and issue a
licence to an alternative operator through a competitive bid.
(4) The licence shall provide the operator with the right, and
impose the concomitant obligation, to operate the Scheme, as pr ovided
for in an agreement to be entered into between the Agency and the
operator:
Provided that nothing containe d in the licence agreement
shall be contrary to these regulations.
(5) Nothing in this regulation s hall be interpreted as exemptin g
the operator from complying with the requirements of any law.
Suspension or
revocation of
licence.
5. (1) The Agency may suspend a licence for such period as
it may determine, or may revoke, or vary the provisions of, any such
licence.
(2) The powers vested in the Ag ency in terms of sub-regulation
(1) shall only be exercisable in any of the following circumsta nces,
where:
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(a) a material change of circumstances has occurred
substantially effecting the fulfilment of the requirements
stipulated in regulation 4;
(b) the licence agreement is terminated or suspended, as
the case may be, pursuan t to its terms; or
(c) the requirements in relation to the licence as
established by regulations 4 and 7 have not been complied with.
Duration and
renewal of
licence.
6. (1) Subject to the provisions of these regulations, the
licence granted by the Agency sha ll, unless previously renewed or
revoked, continue to be valid until such time as it is renewed by the
Agency following an inspection.
(2) The Agency shall establish the period of validity of the
licence:
Provided that such period shall not be longer than twelve
(12) years.
(3) Following the inspection mentioned in sub-regulation (1),
the Agency:
(a) may renew the licence, wi th or without modifications,
for such a further period as specified; or
(b) if, having regard to the provisions of these
regulations, it considers it necessary or expedient to do so, m ay
for serious breach for reasons which shall be given in writing
refuse to renew the licence.
Responsibilities
of the licensed
operator.
7. (1) The licensed operator shall also fulfil the following
obligations:
(a) it is a legal person whose main object is the operation
of the Scheme pursuant to these regulations, and the doing of a ll
such other things as are incide ntal or conducive to the attainm ent
of such object and the carrying out of other activities as may be
authorised by the Agency;
(b) it is run on a not for profit basis, or on a basis where
profit is not inte nded for distribution;
(c) its management is independent and operates at an
arms’ length basis from its shar eholders, partners, members or
founders as the case may be;
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(d) it assumes the collective extended producer
responsibility on behalf of produc ers and retailers of single u se
containers; and
(e) it allows for the partici pation, whether directly or
indirectly, of all producers and retailers in a non-discriminat ory
manner, regardless of their origin or size, without placing a
disproportionate regulatory burden on producers, including smal l
and medium-sized enterprises, of small quantities of products.
(2) It shall be the duty of the operator to notify the Agency
forthwith if it no longer complie s with any of the requirements of these
regulations. Whether the operator so notifies the Agency or not , where
the operator no longer complies w ith any of the requirements li sted in
these regulations, the Agency sha ll by notice inform the operat or that it
no longer complies with the provisions of these regulations and, if the
situation is not remedied to the satisfaction of the Agency wit hin a
period of three (3) calendar mont hs from the date that notice i s given
to the operator, the Agency shall be entitled to revoke the licence.
(3) It shall also be the duty of the operator to notify the Agen cy
forthwith of any resolution or intended resolution, or any application
or intended application to the court, or any other action, for the
dissolution and winding up of the operator as soon as it become s aware
of such resolution or intended resolution, application or inten ded
application or action.
(4) It shall be the duty of the operator to notify all participa nts
in the Scheme in the event that a court makes an order that the operator
be wound up or a resolution for a voluntary wi nding up of the o perator
is passed, informing the said par ticipants that their extended producer
responsibility obligations for the beverage containers registered with
the Scheme will not continue to be met by the operator.
Functions and
powers of the
operator.
8. (1) Without prejudice to any other function imposed on
the operator in terms of the licence agreement, the operator sh all have
the following functions and powers:
(a) to maintain and make available a register relating to
the participants of the Scheme;
(b) to establish and operate a clearing centre;
(c) to supply and operate RVMs;
(d) to take responsibility of a ll the collected single use
containers;
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(e) to establish and provide t he necessary IT solution and
infrastructure to monitor and control the operations of each
redemption location;
(f) to make arrangements for the gathering of single use
containers from the redemption locations to the clearing centre ;
(g) to sell all the processed beverage containers as
recyclable material, directly and/or through an authorised enti ty,
and to provide the Agency with d ocumentation to that effect in
order for the said material to count towards Malta’s recycling
targets;
(h) to carry out procurement in a manner that is
transparent and non-discriminatory;
(i) to establish and provide the necessary solutions and
infrastructure to monitor th e Scheme, and to report any
irregularities to the Agency;
(j) to maintain and operate a separate deposit refund
account recording all financia l movements of receipts and
payments of the deposits, pursuant to regulation 10; and
(k) to finance and participate in public campaigns
determined by the operator to ens ure the success of the Scheme.
(2) Upon return to a redemption location, single use containers
shall become the property of the operator who shall be entitled to keep
the proceeds from the sale of the material from collected singl e use
containers.
Targets.9. The operator shall be bound to take all measures that are
necessary to achieve the collect ion targets set out in the Fift h Schedule
and shall perform their recycling efforts so as to meet as a mi nimum
the recycling targets as set out in European Union Legislation
applicable from time to time with respect to the type of materi als out
of which the beverage container s under these regulations are ma de.
Separate deposit
refund account.
10. (1) The operator shall maintain and operate a separate
deposit refund account, recording all financial movements of re ceipts
and payments of the deposit by the operator. The deposit value
imposed on every single use container placed on the market and paid
by producers in terms of regulation 15 shall be placed in the d eposit
refund account. Refunds of the de posit value in terms of regulation 16
shall be made from the deposit refund account.
(2) The amount of any unclaimed deposits resulting at the
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operator’s financial year end shal l be posted as r evenue of the operator
provided that:
(a) the operator shall firstly make sufficient provision to
satisfy any claims for deposits that may be paid in the future and
for any amounts due to the Agency for the relative financial ye ar;
and
(b) the operator shall utilise the remainder for the better
management and operation of the Scheme.
Conditions for
participation in
the Scheme.
11. (1) The operator shall be en titled to establish conditions
for registration and participation in the Scheme by producers,
distributors, retailers and catering undertakings. In so doing, t h e
operator shall ensure that any condition for participation in t he Scheme
is objective, non-discriminato ry, fair and reasonable.
(2) The operator sha ll submit to the Agency any conditions for
registration and participation in the Scheme referred to in sub -
regulation (1), or any changes thereto, for the Agency’s approv al
before implementing them, provided that if no reply is received from
the Agency within thirty (30) d ays of submission, the condition s so
submitted shall be deemed to be approved by the Agency.
(3) The Agency may request th e operator that a condition
established in terms of sub-regulations (1) and (2) be amended,
provided that before requesting the operator to change any cond itions
as aforesaid, the Agency shall write to the operator informing it of its
objections to any condition so imposed, and grant the operator a period
of not less than thirty days as the Agency may deem appropriate in the
circumstances during which the operator may make its submission s to
the Agency or enter into discussion with the Agency as the case may
be.
(4) The provisions of sub-regula tions (2) and (3) shall not be
applicable to the registration fees imposed pursuant to sub-reg ulations
(3) and (5) of regulation 13, or to the administration fee impo sed
pursuant to sub-regulation (4) of regulation 13 and sub-regulat ion (1)
of regulation 17 or to the handling fee imposed pursuant to sub -
regulation (3) of regulation 18.
Exchange of
information
between the
operator and the
Agency.
12. (1) For the purpose of enabling the Agency and the
operator to perform their functions under these regulations, an d strictly
to the extent required for this purpose, the operator shall sha re and
exchange information with the Agency, and the Agency and the
operator shall collaborate with one another.
(2) Without prejudice to the gen erality of sub-regulation (1),
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the operator shall:
(a) present its annual management accounts and audited
annual accounts to the A gency on a yearly basis;
(b) present its audited statem ents for the operation of the
deposit refund account on a yearly basis;
(c) file reports with the Agency on a quarterly basis but
in any case not later than fifteen (15) days from the end of ea ch
quarter with information on a ggregate volumes by typology of
single use containers placed on and collected from the market
and the material of the empty be verage containers processed for
recycling;
(d) provide the Agency with i nformation in its possession
which is required by the Agency for the purpose of preparing the
report referred to in regulation 36; and
(e) provide the Agency with detailed information where
this is required for the Agency to enforce the provisions of th ese
regulations in accordance with the provisions of Part VI:
Provided that these reports w ill be transmitted on standard
forms.
(3) The operator shall transmit information to the Executive
Police, the Commissioner for Revenue, the Director General
(Customs), the Director General ( Technical Regulations) and any other
competent authority, as and when this is necessary to ensure
compliance with any law.
PART III
The Scheme
Registration.13. (1) Producers, distributors, retailers and catering
undertakings making available, or intending to make available, on the
market any beverage container sh all register with the licensed operator
and shall register any such bev erage container by providing the
licensed operator with all the details that it may require for the
purposes of the operation of the Scheme from time to time inclu ding
but not limited to:
(a) details of the producer, distributor, re tailer or catering
undertaking as applicable; and
(b) in the case of a producer, the barcode and any other
pertinent details for each bever age container placed or being
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placed on the market , and any specific markings intended for th e
purposes of identification of the beverage container, as well a s an
indication of whether the depos it logo referred to in regulatio n
17 will be affixed to t he beverage container:
Provided that if a person seeks registration as a
catering undertaking, that person must show to the satisfaction of
the operator that beverages are consumed on the premises
operated by that person. If in th e opinion of the operator the
person does not qualify as a catering undertaking and, or a
catering establishment, the operator shall have the authority t o
refuse registration as such:
Provided further that in the case of refusal of
registration as a catering undertaking as aforesaid, the person
may submit the matter to the Agency. The Agency shall
immediately request the operator to give its reasons for refusing
to register the person as a catering undertaking within a time
period specified by the Agency, which shall in no case be less
than two (2) working days or more than five (5) working days.
The Agency shall decide the matter within thirty (30) days of
submission of the request as aforesaid. The Agency shall notify
the person submitting the request and the operator of its decision.
(2) When registering with the licensed operator in terms of
sub-regulation (1):
(a) a person who operates in the supply chain in more
than one function, shall duly register with the operator for ea ch
function as producer and, or dis tributor and, or retailer and, or
catering undertaking as the case may be;
(b) a retailer who operates more than one retail
establishment shall register e ach retail establishment; and
(c) a catering undertaking who operates more than one
catering establishment shall register each catering establishme nt.
(3) Producers, distributors, retailers and catering undertakings
shall pay the operator registration fees as the operator may, subject to
the provisions of sub-regulation (1) of regulation 11, establish from
time to time. The operator shall be entitled to charge a registration fee
for the registration of the producer, distributor, retailer and c a t e r i n g
undertaking in each function registered, for every retail estab lishment
and every catering establishment registered, as well as for eve ry
barcode registered with the operator.
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(4) The licensed operator may charge producers an
administration fee in respect of each beverage container placed on the
market.
(5) In the event that the shape, material, volume or type of a
beverage container which is regis tered in terms of regulation 13 is
altered, the producer shall inform the licensed operator of suc h
alteration before placing the beve rage in the altered beverage container
on the market even if the barcode for the beverage remains the same,
and the producer shall provide the operator with all the detail s it may
require and pay the operator any fee set by the operator from t ime to
time.
(6) Without prejudice to the pr ovisions of sub-regulation (7),
the producer, distributor, retail er or catering undertaking registered
with the licensed operator in terms of this regulation shall en sure that
the details registered with the operator are correct at all tim es.
(7) Where a producer registere d with the licensed operator
subsequently obtains an exemption from participating in the Sch eme in
terms of regulation 19, the produc er shall inform the operator
accordingly and the licensed opera tor shall de-register the pro ducer,
the barcodes and the relative beverage containers.
(8) Where a producer, distributor, retailer or catering
undertaking intends to stop its operations in the market for be verages,
or where a producer intends to stop placing on the market particular
beverages, it shall inform t he licensed operator accordingly.
(9) Any producers, distributors, retailers or catering
undertakings placing and, or making available on the market bev erages
sold in beverage containers that fail to comply with the provis ions of
this regulation shall be guilty of a n offence against these regulations.
Participation.14. (1) Any producer, distributor, retailer or catering
undertaking registered in terms of regulation 13 shall comply w ith the
conditions for participation in the Scheme as laid down by the licensed
operator from time to time in accordance with regulation 11.
(2) Without prejudice to the gen erality of sub-regulation (1),
producers, distributors, retailers and catering undertakings sh all be
bound to report to the licensed operator the following informat ion:
(a) in the case of producers, the volumes by quantity and
weight by typology of single use containers placed on the
market, with reference to the relevant barcode and any specific
markings;
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(b) in the case of retailers and catering undertakings,
upon the request of the licensed operator and if it is necessar y for
the proper operation of the Scheme, documentation relating to
the invoicing of beverages in beverage containers and any
related information; and
(c) in the case of producers and distributors, upon the
request of the licensed operator, and if it is necessary for th e
proper operation of the Scheme and to the extent so necessary,
the details of the persons to whom beverages in single use
containers are sold, distributed or transferred:
Provided that producers, distributors, retailers and
catering undertakings s hall be obliged to pr ovide the informati on
requested in terms of paragraphs (b) and (c) of sub-regulation (2)
within five (5) working days from receipt of the request for
information.
(3) A producer, distributor, retailer or catering undertaking
who fails to comply with the obl igations for participation in t he
Scheme in terms of sub-regulations (1) and (2) shall be guilty of an
offence against these regulations.
(4) The licensed operator shall provide a registration number to
each producer which is duly registered with it in terms of regulation
13. Producers shall make the regis tration number clearly visible on
their invoices and fiscal receipts. Producers who fail to compl y with
the provisions of this regulation shall be guilty of an offence against
these regulations.
Deposit for
single use
containers.
15. (1) Every single use container made available on the
market shall be subject to the payment of a deposit. The deposi t value
shall not be subject to V AT and shall be indicated separately f rom the
price on all receipts and invoi ces at every stage of the supply chain.
( 2 ) T h e d e p o s i t r e f e r r e d t o in sub-regulation (1) shall be
imposed and paid at every stage of the supply chain.
(3) The deposit shall be due by the producer to the licensed
operator upon the producer placi ng the single use container on the
market. The administration fees , if any, shall be due at the sa me time.
(4) Producers shall re-claim the full value of the deposit upon
the onward sale of the beverage to their successor in the supply chain,
but shall not have any claim for any portion of the administrat ion fee.
(5) Distributors, retailers and catering undertakings shall pay
the deposit value to their pred ecessor in the supply chain.
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(6) Distributors shall re-claim the value of the deposit from
their successors in the supply chain.
(7) Retailers shall re-claim the value of the deposit from the
consumer who shall be entitled to claim the value of the deposit in
terms of sub-regulation (1) of regulation 16. Catering undertak ings
shall only re-claim the value of the deposit from the consumer where
the consumer removes the beverage container away from the cater ing
establishment.
(8) Catering undertakings shall not charge the amount of the
deposit to the consumer who consum es the beverage at the catering
establishment and leaves the bev erage container at the catering
establishment, but shall be entitled to claim the value of the deposit in
terms of regulation 16.
(9) The licensed operator shall re fund to the retailers providin g
redemption locations the value of the deposits refunded by them on the
return of single use containers, except in those cases where th e
redemption location is operated directly by the operator in whi ch case
the value of the deposits shall be refunded directly by the lic ensed
operator.
Refund of
deposit value.
16. (1) Any person, including a consumer, who returns a
single use container upon which a deposit has been paid shall b e
entitled to a refund of the depos it value from the redemption l ocation.
The licensed operator may issue instructions from time to time
regarding the return of single us e containers, in particular to facilitate
the return of large quantities of single use containers:
Provided that no refund shall be due if:
(a) the barcode and, or specific markings, if any, of the
empty beverage container is not duly registered with the
operator; or
(b) the barcode, or, if any, the specific markings of the
beverage container or deposit logo is damaged to an extent that
the refund for the empty beverage container cannot be processed ;
or
(c) the beverage container is damaged to an extent that
refund for the empty beverage c ontainer cannot be processed; or
(d) the empty beverage container contains or is otherwise
contaminated by a substance other than residue of the beverage
or ordinary dust; or
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(e) more than twenty-four ( 24) months have passed since
the beverage container was acquired by the consumer.
(2) Deposits redemption vouche rs which, for any reason
whatsoever, are not redeemed wit hin twelve (12) months from the date
of issue shall be posted as revenue of the licensed operator.
(3) Each redemption location shall have a clearly visible and
legible sign containi ng the information i ndicated in sub-regula tion (1).
The licensed operator shall determine the specifications and th e
precise wording of the notice to be displayed for these purpose s.
(4) Without prejudice to the g enerality of the foregoing
provisions, the licensed operator shall issue instructions to c atering
undertakings regarding the return of single use containers cons umed at
catering establishments, and the refund by the licensed operato r of the
deposit paid by the catering undertakings to their predecessor in the
supply chain.
Trading in
single use
containers.
17. (1) Single use containers shall either have a market-
specific barcode or market-specific markings or a non-market sp ecific
barcode and non-market specific ma rkings, if any. The licensed
operator shall charge producers which opt to use non-market spe cific
barcodes without any market-specific markings an additional
administration fee for each single use container placed on the market.
(2) Producers placing, or intending to place, single use
containers on the mark et shall have the option to stamp or affi x to
single use containers a depos it logo. The deposit logo shall be
developed by the operator, approved by the Agency, and its use shall
be licensed to producers.
(3) Only producers that are duly registered with the licensed
operator pursuant to regulation 13 may stamp or affix the depos it logo
to their beverage packaging.
(4) Any producer acting in breac h of sub-regulations (1) and
(3) shall be guilty of an offence against these regulations.
Redemption
locations and
RVMs.
18. (1) Each retail establishment shall have a system in place
for the return of single use containers by cons umers and, subject to the
provisions of sub-regulation (1) of regulation 16, shall be obl iged to
accept the said single use containers and to refund the relativ e deposit
even if the relative beverage had not been sold by that retail
establishment:
Provided that where a retailer operates a manual system for
the return of beverage containe rs, the retailer shall not be obliged to
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accept the return of beverage cont ainers where the barcode indicated
on the beverage container is not t he same as the barcode of bev erages
sold by that retailer:
Provided further that the licensed operator may, where it
deems fit, establish a redemptio n location to be used by more t han one
retail establishment, in which c ase the retailer shall not be o bliged to
have a redemption location on i ts premises or a manual system f or the
return of single use containers:
Provided further that catering undertakings shall be obliged
to gather single use containers consumed at catering establishm ents.
(2) The licensed operator shall decide, on the basis of objectiv e
and non-discriminatory criteria, which system for the return of single
use containers shall be used by each retail establishment and w hether
an RVM shall be provided to the retail establishment.
(3) Retailers shall be paid a handling fee by the licensed
operator, as set by the licensed operator on the basis of objec tive and
non-discriminatory criteria taking into account the type of sys tem used
for the return of beverage containers, developed by an independ ent
person approved by the Agency. Re tailers shall not have a claim for
any handling or similar fees for fulfilling their obligations in terms of
these regulations, except for a ny fees due to them as aforesaid .
( 4 ) R e t a i l e r s w h o o p e r a t e a m anual system for the return of
beverage containers shall not be obliged to accept returns of beverage
containers by consumers or other persons which exceed fifty (50 )
beverage containers at any one time.
(5) Any person responsible for events such as festivals,
concerts, markets, fairs, sports events and any other event whe re
beverages will be sold in single use containers shall have a system in
place for the return of single use containers and shall registe r with the
licensed operator giving such details about the event as the li censed
operator may require, and the operator shall determine the best method
for collection of empty single use containers at the event in q uestion.
(6) The licensed operator shall be responsible for obtaining any
necessary licenses, authorisatio ns or permits for the placement a n d
operation of the RVM.
(7) The licensed operator shall make arrangements for the
gathering and delivery of singl e use containers from retail
establishments and catering estab lishments to the clearing centre.
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(8) No person, other than the l icensed operator, may place
RVMs within the territory for u se by any producer, distributor, retailer,
catering undertaking or consumer participating in the Scheme.
(9) Any person acting in breach of the provisions of sub-
regulations (1), (2), (3), (5), ( 7) and (8) shall be guilty of an offence
against these regulations.
PART IV
Refillable Containers
Exemption from
the Scheme for
refillable
containers.
19. (1) A producer may make a request, in writing, to the
Agency for beverage containers to be exempted from the Scheme.
(2) The Agency shall grant the exemption, and shall issue an
exemption certificate atte sting thereto, provided that:
(a) the producer registers with the Agency in accordance
with regulation 20;
(b) the Agency is satisfied that the producer has in place
an appropriate system for the collection and reuse of its bever age
containers within the territory which system shall require
consumers to pay a deposit in re spect of the beverage container
at the moment of purch ase and which deposit is to be returned t o
consumers by retailers and, or catering undertakings on the
return of the beverage container at no additional cost to
consumers, in accordance with these regulations;
(c) the producer undertakes to meet all obligations set
out in these regulations with respect to refillable containers and
such conditions as may be imposed by the Agency when granting
the exemption; and
(d) the beverage container has a market-specific barcode
or non-market-specific barcode in accordance with regulation
24.
Registration
with the
Agency.
20. (1) Producers that are placing, or intending to place, on
the market any beverage in a refillable container shall registe r with the
Agency and shall provide the Agenc y with all the details that i t may
require for the purposes of these regulations from time to time t o
qualify for the necessary exemption from the Scheme.
(2) Upon registration, the produc er must provide the Agency
with sufficient information for the Agency to ensure that the s ystem in
place for the refillable containers in question is adequate in order to
reach Malta’s recycling targets.
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(3) The Agency shall charge p roducers placing, or intending to
place, on the market any beverage in a refillable container the
applicable registration fee indicated in the Fourth Schedule.
(4) Producers placing refillable c ontainers on the market, who
either no longer wish to operate the system for the refillable containers
in question, or who no longer wish to reuse beverage containers shall
inform the Agency accordingly a nd shall register with the opera tor
pursuant to regulation 13.
(5) Any producer placing on the market beverages sold in
refillable containers who fails to comply with the provisions o f this
regulation shall be guilty of an offence against these regulati ons.
Deposit for
refillable
containers.
21. (1) Every refillable container made available on the
market shall be subject to the p ayment of a deposit. The deposi t value
shall not be subject to V AT and shall be indicated separately from the
price on all receipts and invoices at every stage of the supply chain.
(2) Producers who place refillable containers on the market
shall charge the deposit value on the onward sale of the bevera ge from
their successors in the supply chain.
(3) The provisions of sub-regulat ions (5), (6), (7) and (8) of
regulation 15 shall apply mutatis mutandis to refillable containers.
(4) Consumers shall be entitled to reclaim the value of the
deposit paid on the purchase of the beverage in a refillable co ntainer
upon collection of the refillabl e container by the producer who placed
the refillable container on the market as the said producer may direct.
(5) Producers of refillable containers shall reclaim ownership
of the refillable container upon c ollection of the refillable c ontainer.
(6) Producers who place refillable containers on the market
shall maintain and ope rate a separate deposit refund account re cording
all financial movements of receipts and payments of the said de posits.
The provisions of sub-regulation (2) of regulation 10 shall apply
mutatis mutandis to the producers who place refillable containers on
the market.
(7) Producers who place refillable containers on the market
shall take all measures that are necessary to achieve the colle ction
targets set out in the Fifth Schedule.
(8) Any producer placing refillable containers on the market
who fails to comply with any provisions of this regulation shall be
guilty of an offence against these regulations.
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Exchange of
information
between the
producers and
the Agency
regarding
refillable
containers.
22. (1) Producers who place refillable containers on the
market shall supply the Agency with:
(a) the aggregate volume of r efillable containers that
have been placed on the market by quantity, and weight by
typology of the refillable container;
(b) the aggregate volume of refillable containers
collected from the ma rket by quantity and weight by typology of
refillable container;
(c) any such other information as may be required by the
Agency from time to time.
Such information shall be filed with the Agency on a quarterly
basis but in any case not later than fifteen (15) days from the end of
each quarter.
(2) Producers who place refillable containers on the market
shall also provide the Agency with information in its possessio n which
may be required for the purpose of preparing the report referre d to in
regulation 36.
(3) Every producer who places r efillable containers on the
market who does not comply with t he provisions of sub-regulatio ns (1)
and (2) shall be guilty of an offence against these regulations .
Audit. 23. (1) The Agency shall have the right to audit producers
who place refillable containers on the market and may, at any t ime,
revoke the exemption granted in accordance with regulation 19 w here
it considers that the system for the collection and reuse of th eir
beverage containers within the territory is no longer appropria te or
where the Agency determines that the producer has breached his
obligations under these regulations.
(2) The Agency may also revoke the exemption granted in
accordance with regulation 19 wh en the system for collection an d
reuse of the beverage containers is not meeting the expected co llection
targets.
(3) In the event that the Agency revokes the exemption granted
in accordance with sub-regulations (1) or (2), the beverage containers
shall be considered to be single use containers, and:
(a) the producer has to abide by the obligations imposed
on producers of single use containers in Part III; and
(b) the beverage containers shall be subject to the rules
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B 2029
contained in Part III:
Provided that any targets imposed on the said
producer by the Agency shall not b e transferred to the operator ,
and any penalties imposed on th e said producer shall continue t o
be due by the said producer:
Provided further that the beverage containers shall
only be considered within th e targets of the operator upon
registration by the producer with the operator as provided for in
regulation 13.
Deposit logo for
refillable
containers.
24. (1) Beverages in refillable containers shall have a
market-specific barcode or a non-market specific barcode.
(2) Producers who place refillable containers on the market
shall have the option of stampi ng or affixing to refillable con tainers a
deposit logo, which shall be developed by the producer and appr oved
by the Agency.
(3) Only producers that are duly registered with the Agency
pursuant to regulation 20 may st amp or affix the deposit refund logo to
the refillable container.
(4) Any producer in breach of this regulation shall be guilty of
an offence against these regulations.
PART V
Provisions Applicable to all Beverage Containers
Return of
beverage
containers.
25. (1) Retailers operating redemption locations and catering
undertakings shall receive the empty beverage containers on beh alf of
the licensed operator or the producer of beverages in refillabl e
containers, as the case may be, until the beverage container is gathered
by the licensed operator or the p roducer of beverages in refill able
containers.
(2) Any retailer or catering undertaking acting in breach of the
provisions of sub-regulation (1) shall be guilty of an offence against
these regulations.
Notices by
retailers.
26. (1) A retailer must, in the price indication for the
beverage, indicate the amount of deposit which has to be paid b y the
consumer separately as well as t he total price for the beverage . In the
case of beverages being offered for sale in single units, the p rice
indication shall indicate the de posit being paid for the beverage
container, whilst in the case of beverages being offered for sa le in
multi-packs, the price indication shall indicate the total valu e of the
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deposit being paid for all the beverage containers in the multi-pack.
(2) A retailer shall display a clear and prominent notice in the ir
retail establishment that there is a separate charge for the de posit and
that the consumer may redeem the deposit refund once the beverage
container is duly returned to a redemption location. The Agency shall
determine the specifications a nd the precise wording of the not ice to
be displayed by retailers for the purposes of this provision.
(3) A retailer which does not comply with the provisions of
sub-regulations (1) or (2) shall be found guilty of an offence against
these regulations.
Beverages for
export.
27. Producers shall not be obliged to charge a deposit in the
case of beverages released for export.
Clarifications by
the Agency.
28. Where the licensed operator, o r any producer, distributor,
retailer or catering undertaking require confirmation as to whe ther a
beverage or a beverage container falls within the scope of the First
Schedule, the licensed operator, producer, distributor, retaile r or
catering undertaking may submit t he matter to the Agency, which shall
decide the matter within thirty (30) days of submission thereof . The
Agency shall notify the person submitting the request and the o perator
of its decision.
PART VI
Enforcement And Penalties
General
prohibition.
29. No person shall place and / or make available beverages in
beverage containers on the market unless he complies with the
provisions of these regulations. Any person acting in breach of t h i s
regulation shall be guilty of an offence against these regulati ons.
Investigations. 30. (1) It shall be the duty of the Chief Executive to ensure
that the provisions of these regulations are observed, and to gather
information that may be necessary for him to carry out his func tions;
and for such purpose he shall have the power to carry out
investigations of his own motion or at the request of the Minis ter or
upon a reasonable allegation in writing of a breach of the prov isions of
these regulations by a complainant or by the licensed operator.
(2) Where the Agency receives a complaint by the licensed
operator in terms of sub-regulation (1), the Agency shall inform the
licensed operator within seven (7) days whether it intends to a ct upon
the complaint and the steps it intends to take or has already t aken in
this regard.
(3) During the course of any i nvestigation carried out by the
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Agency in accordance with sub-regulation (1), or in order to en sure
compliance with these regulations, without prejudice to the provisions
of regulations 12, 22 and 37 of t hese regulations, the Chief Ex ecutive
shall be empowered to request any specific information and
documentation from any person subject to these regulations, within
such time as in the circumstances the Chief Executive may consi der
reasonable:
Provided that nothing in this sub-regulation may be
construed as authorising the Chief Executive to order the production of
any document or the disclosure of any information which may be
subject to the duty of pr ofessional secrecy.
(4) When sending a request for information in terms of sub-
regulation (3), the Chief Executiv e shall state the legal basis a n d
purposes of the request, shall indicate what information is req uired,
and shall indicate the fines provided for in sub-regulations (2), (3) and
(4) of regulation 31.
(5) Where persons submit information which contains business
secrets or other confidential in formation they shall clearly id entify any
material which they consider t o be confidential, giving reasons
therefor, and provide a separate non-confidential version, wher e
applicable, by the date set by the Chief Executive.
(6) The Chief Executive and, or his officers and, or any other
expert duly authorised by a warr ant issued by a Magistrate and, with
the assistance of the Executive Police, may, for the purposes o f
ensuring compliance with these regulations, and, or for the pur pose of
any investigation under sub-regulation (1)
enter into and search any
premises, land or means of transport where the Chief Executive has
reason to believe that informati on relevant to the investigatio n may be
found, and in the course of any such search the Chief Executive and, or
his officers, and, or any other expert shall be empowered to:
(a) inspect and examine a ny object or document and, or;
(b) seize any object or document, or take extracts or
copies of documents and, or;
(c) require any information wh ich is stored in a computer
or any other object or device which is accessible from the
premises, land or means of transport and which the Chief
Executive and, or his officers and, or other experts consider
relevant to the investigation, to be delivered in a form in whi ch it
can be taken away and in which it is visible and legible and, o r;
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(d) order the non-removal of any object or documents
from any such premises, land or means of transport and, or;
(e) close and seal any or all parts of such premises, land
or means of transport, or put any object under seal and, or;
(f) ask any representative or member of staff of the
person concerned for an explanation of any fact or document
relating to the subject-matter a nd purpose of the inspection or to
state to the best of their knowledge and belief where the
documents may be found and record the answers and, or;
(g) take any steps which appear to be necessary to
preserve any object or document or to prevent any interference
with such object or document.
(7) The Magistrate, in deciding whether to issue a warrant
under sub-regulation (6) shall ensure that the coercive measure s
envisaged are neither arbitrary nor excessive, having regard, in
particular, to the gravity of the suspected infringement, to th e
importance of the evidence sought , to the involvement of the pe rson
concerned and to the reasonable likelihood that any object, doc ument
or record relating to the subject-matter of the inspection are kept in the
premises, land or means of transport for which the warrant is
requested:
Provided that the Ma gistrate, in deciding whether to issue a
warrant under sub-regulation (6), may also take into account th e
possibility that in the case where it is the Chief Executive wh o would
request these objects, documents or records, these would not be
produced, but would instead be concealed, removed, tampered with or
destroyed.
(8) The warrant mentioned in sub- regulation (6) shall specify
the subject-matter, purpose of the inspection, the date on whic h the
inspection is to begin and the nature of the offence and penalt ies
provided for in regulation 31.
Offences. 31. (1) Any person who contravenes the provisions of
regulations 13, 14, 15, 18(1), 20, 21, 25, 29, 38, 39 and 40 sh all be
guilty of an offence and shall be liable on conviction to a fin e (multa)
of not less than five thousand euro (€5,000) and not more than fifty
thousand euro (€50,000) or to imprisonment not exceeding six (6 )
months, or to both such fine and imprisonment.
(2) Any person who makes any declaration as required by these
regulations, which is false, misleading or incorrect in any mat erial
respect, shall be guilty of an offence and shall be liable on c onviction
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t o a f i n e (multa) of not less than two thousand five hundred euro
(€2,500) and not more than twenty thousand euro (€20,000) or to
imprisonment not exceeding three (3) months, or to both such fi ne and
imprisonment.
(3) Any person who refuses or fails, without sufficient cause,
to provide any information or documentation required by the Age ncy
in accordance with sub-regulati on (3) of regulation 30, or who,
pursuant to a request for infor mation in accordance with sub-
regulation (3) of regulation 30, provides false, misleading or incorrect
information in any material resp ect, or who refuses to give acc ess to
the Chief Executive, and, or his officers, and, or any other experts in
accordance with sub-regulation (6 ) of regulation 30, shall be g uilty of
an offence and shall be liable on conviction to a fine ( multa) not
exceeding one thousand five hundred euro (€1,500) or to
imprisonment not exceeding three (3) months, or to both such fi ne and
imprisonment.
(4) Any person guilty of an offence under these regulations,
other than for a breach of an obligation referred to in sub-regulations
(1), (2), or (3) or of regulat ion 9, shall be l iable on convict ion to a fine
(multa) not less than two hundred and fifty euro (€250) and not more
than two thousand five hundred euro (€2,500):
Provided that should the licensed operator not meet the
targets specified in regulation 9, such failure would be subjec t to an
environmental contribution as specified in the licence agreemen t
which environmental contribut ion may not exceed two hundred
thousand euro (€200,000).
(5) The court, besides awarding the punishment referred in
accordance with the preceding paragraphs, may order the offende r to
comply with his obligations unde r these regulations within a ti me
sufficient for the purpose, but in any case not exceeding three ( 3 )
months from the date of the judgment, to be fixed by the court; and,
subject to the provisions of the Act, if the offender fails to comply with
a n y s u c h o r d e r w i t h i n t h e t i m e s o f i x e d , h e s h a l l b e l i a b l e t o a fine
(multa) of not less than fifty euro (€50) and not more than one hundred
euro (€100), as the court may fi x, for every day the default co ntinues
after the expiration of the said time and the court may also or der the
modification, suspension or revocation of any authorisation.
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Cap. 12.
(6) In addition to any punishment which the person convicted
of an offence under these regulations may be sentenced, the cou rt may
order the offender to make restitution to the injured party of any
property or proceeds knowingly obtained by fraud or other unlaw ful
gain to the detriment of such party by or through the offence, or to pay
to such party su ch sum of money as may b e determined by the cou rt as
compensation for any such loss as aforesaid or for any damages caused
to such party by or through the offence, and any such order may
include both a direction to make restitution and, in default, t o pay as
aforesaid. The order shall constitute an executive title for all intents
and purposes of the Code of Org anization and Civil Procedure:
Provided that restitution or compensation under this sub-
regulation shall not lead to ove r-compensation of the injured p arty,
whether by means of punitive, multiple or other types of damage s.
(7) When issuing an order under sub-regulation (6), the court
may direct that such costs or da mages are paid in instalments, in
particular, having regard to any other obligations which the of fender
has towards the injured party.
Chief Executive
may assist
prosecution.
32. (1) In criminal proceedings instituted by the Executive
Police before the Court of Magistr ates for an offence against t he
provisions of these regulations, the Chief Executive and any of ficers of
the Agency so authorised by the Chief Executive may assist the
Executive Police in the conduct of the prosecution and in the
production of the evidence.
(2) The Chief Executive and any officers of the Agency so
authorised by the Chief Executive may, after the conclusion of the
investigation in terms of these regulations, present a report t o the
Executive Police and request the Executive Police to take action on the
infringement of these regulations contained therein, and therea fter the
Agency shall be considered a com plainant for all the purposes o f the
Criminal Code.
(3) The Chief Executive or any officer authorised by him for
the purposes of sub-regulations ( 1) or (2) may nevertheless be
produced as a witness but should his evidence be required as pa rt of
the case for the prosecution, his evidence shall be heard befor e that of
any other witness for the prosecution unless the necessity of h is
evidence arises subsequently.
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Presence of the
licensed
operator during
criminal
proceedings.
Cap. 9.
33. (1) Without prejudice to any provisions of these
regulations or to any other law, the licensed operator may file a
complaint with the Executive Police against a producer, distrib utor,
retailer or catering undertaking for breach of these regulation s in
relation to the Scheme, and, where it files the said complaint, t h e
operator shall be considered as a complainant for all the purposes of
the Criminal Code.
(2) In criminal proceedings instituted by the Executive Police
on the complaint of the licensed operator against a producer,
distributor, retailer or catering undertaking for breach of the provisions
of these regulations relating to the Scheme, it shall be lawful for the
operator to be present at the proceedings, to engage an advocat e or a
legal procurator to assist it, t o examine or cross-examine witn esses and
to produce, in support of the cha rge, such other evidence as th e court
may consider admissible.
(3) Where the operator is to be heard on oath, such evidence
shall be taken before that of a ny other witness of the prosecut ion,
saving the case where, in the opinion of the court, such eviden ce
becomes necessary even at a later stage of the proceedings, or where
the producer, distributor, retail er or catering undertaking app lies for
such evidence at any stage of the proceedings, or where the cou rt sees
fit to vary the course of the taking of the evidence.
(4) In criminal proceedings instituted by the Executive Police
ex officio or at the instance of the Agency against a producer,
distributor, retailer or catering undertaking for breach of the provisions
of these regulations relating to the Scheme, it shall be lawful for the
licensed operator to engage an advocate or a legal procurator t o assist
it; such advocate or legal procurator may examine or cross-exam ine
witnesses, produce evidence or make, in support of the charge, any
other submission which the court may consider admissible.
Prescription.
Cap. 9.
34. Notwithstanding the provisions of the Criminal Code or of
any other law, criminal action for offences under these regulations is
prescribed by the lapse of five (5) years.
Civil action by
the licensed
operator.
Cap. 12.
35. (1) Where the licensed operator has suffered damage
caused by a producer, distributor , retailer or catering underta king
acting in contravention of these r egulations the operator shall b e
entitled to claim and to obtain full compensation for that dama ge from
the respective producer, distri butor, retailer or catering unde rtaking,
which action shall be instituted in accordance with the provisi ons of
the Code of Organization and Civil Procedure.
(2) Full compensation shall place the operator in the position i n
which it would have been had the infringement of these regulations not
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been committed. It shall therefore cover the right to compensat ion for
actual loss and for loss of ear nings as well as the payment of interest
f ro m t h e t ime th e d a ma g e o c c u r re d u n t il th e c a p it a l s u m a w a r d e d is
actually paid:
Provided that full compensation under this regulation shall
in no case lead to over-compensation of the operator where the court
has ordered the offender to make restitution or compensation in terms
of sub-regulation (6) of regulation 31.
(3) An infringement of these regulations found by a final
decision of the competent court shall be deemed to be irrefutab ly
established for the purposes of an action for damages brought pursuant
to this regulation.
(4) An action for damages pursuant to this regulation is
prescribed by the lapse of five (5) years. The period of prescr iption
shall begin to run from the date when the infringement of these
regulations has ceased, and the operator became aware, or can
reasonably be expected t o have become aware:
(a) of the behaviour in question;
(b) of the fact that the infringement of these regulations
caused it harm; and
(c) the identity of the offender.
(5) The period of prescription in sub-regulation (4) shall be
suspended where the Agency takes action for the purpose of
investigating the infringement of these regulations to which th e action
for damages relates or where there are criminal proceedings in front of
the Court of Magistrates in respect of the infringement of these
regulations to which the action for damages relates.
Part VII
Various Provisions
Report by the
Agency.
36. (1) The Agency shall submit an annual report to the
Minister which must include the details contained in sub-regula tion (2)
by not later than the end of May of each year, and which report shall be
made public by not later than the end of June of the same year.
(2) The report referred to in sub-regulation (1) shall be a report
on the subject-matter covered by these regulations during the
immediately preceding calendar year which shall include the fol lowing
details:
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(a) the number of producer s, retailers and catering
undertakings participating in the Scheme in terms of regulation
13 and the quantity and aggregat e weight by typology of single
use containers placed on the market during the relevant calenda r
year;
(b) the number by typology of single use containers that
have been collected and the aggregate weight by typology of
single use containers that have been recycled in accordance with
these regulations during the relevant calendar year as a
percentage of single use containers placed on the market;
(c) the number and location of RVMs and the aggregate
quantity of beverage containers by typology collected by RVMs
in the territory;
(d) if and where applicable the number by typology of
single use containers collected manually;
(e) the number of producers exempt from the Scheme in
terms of regulation 19, and th e quantity by typology of refilla ble
containers placed on the mark et by such producers and the
quantity by typology of refillable containers collected for reu se
by such producers;
(f) the number and nature of complaints received by the
Agency in relation to these regulations and the Scheme;
(g) the number of breaches, bot h of these regulations and
the requirements of the Scheme, investigated by the Agency and
the number and nature of decisi ons, orders and measures taken
by the Agency, any court or tribunal or any competent authority
in connection therewith;
(h) the financial position of the Scheme and of the
deposit refund account of the opera tor at the end of the releva nt
calendar year;
(i) the financial position of any system for refillable
containers operating in the territory and the position of their
respective deposit refund accounts at the end of the relevant
calendar year; and
(j) such other matters as may be required by the
Minister.
Verżjoni Elettronika
B 2038
Exchange of
information
between the
Authority and
the Agency.
37. (1) For the purpose of enabling the Agency to perform its
functions under these regulations, the Authority shall share an d
exchange information with the Agency, and the Agency and Author ity
shall collaborate with one another:
Provided that the Agency shall report on the performance
of the Scheme to the Authority such that it would enable the Authority
to perform its reporting obligati ons in terms of applicable law .
PART VIII
Miscellaneous
Producers of
single use
containers.
38. Producers who, on the date of the coming into force
regulation 13, have already placed or are placing on the market a
beverage container, s hall register with the licensed operator, and shall
register the relevant barcodes and any specific markings of the
beverage container as well as indicating whether they intend to affix
the deposit logo to the beverage container, pursuant to regulat ion 13,
by not later than five (5) months before the coming into force of this
regulation. Producers shall also provide the licensed operator with the
information indicated in regulation 14(2)(a), as the operator m ay
direct, from the date of registration as aforesaid.
Distributors,
retailers and
catering
undertakings of
single use
containers.
39. Distributors and/or retailers and/or catering undertakings
who, on the date of the coming into force of regulation 13, hav e
already made available or are ma king available on the market a
beverage container, shall registe r with the licensed operator a nd shall
register the relevant barcodes, pursuant to regulation 13, by n ot later
than one (1) month before the com ing into force of regulation 1 3.
Producers of
refillable
containers.
40. Producers who, at the date of the coming into force of
regulation 20, have already placed or are placing on the market a n y
beverage in a refillable containe r, shall register with the Agency
pursuant to regulation 20 by not l ater than three (3) months before the
coming into force of regulation 20.
Publication of
the date of
coming into
force of
regulation 13.
41. The Minister shall publish the i ntended date of coming into
force of regulation 13 in the Gazette and in at least two (2) d aily
newspapers not less than six ( 6) months before the said date.
Publication of
the date of
coming into
force of
regulation 20.
42. The Minister shall publish the i ntended date of coming into
force of regulation 20 in the Gazette and in at least two (2) d aily
newspapers not less than four (4) months before the said date.
Chief Executive
may delegate
powers.
43. The Chief Executive may dele gate any of the powers vested
in him by these regulations to any officer or employee of the A gency.
Verżjoni Elettronika
B 2039
Conflict
between the
English and the
Maltese texts.
44. In these regulations, if there is any conflict between the
English and the Maltese texts, the English text shall prevail.
First Schedule
Beverages falling within the scope of these regulations
(Regulation 2)
(a) water and flavoured water;
(b) non-carbonated soft drinks;
(c) carbonated soft drinks;
(d) ciders, beers and other malt beverages;
(e) ready to drink coffee;
(f) flavoured alcoholic beverages having an alcoholic
content level which does not exceed 5%;
(g) dilutables.
Second Schedule
Beverage container specifications
(Regulation 2)
Beverage containers must be:
(a) made out of:
(i) steel, or
(ii) aluminium, or
(iii) glass, or
(iv) polyethylene terephthalate (PET); and
(b) bottles or cans; and
(c) with a capacity of between 0.1 litres and 3 litres:
Provided that cartons, foil pouches, and high-density
polyethylene (HDPE), and compos ite materials are explicitly
excluded.
Verżjoni Elettronika
B 2040
Third Schedule
Minimum Deposit Value
(Regulation 2)
All beverage containers shall be subject to a deposit of a valu e of
at least ten euro cents (€0.10).
Fourth Schedule
Registration Fees
(Regulation 20)
Producers shall be subject to a registration fee for every beve rage
type intended to be placed on th e market individually distingui shed by
product, beverage container material, design or size typology. This
registration fee shall be a one -time fee of one hundred euro (€ 100) per
unique typology registered.
Fifth Schedule
Collection Targets
Operator
From 1st January 2022 to 31 December 2022 - 70% of the single
use containers registered in terms of the Scheme as having been placed
on the market during the same period
1 January 2023 to 31 December 2023 - 70% of the single use
containers registered in terms of the Scheme as having been placed on
the market during the same period
1 January 2024 to 31 December 2024 - 80% of the single use
containers registered in terms of the Scheme as having been placed on
the market during the same period
1 January 2025 to 31 December 2025 - 85% of the single use
containers registered in terms of the Scheme as having been placed on
the market during the same period
1 January 2026 to 31 December 2026 and for every calendar year
thereafter - 90% of the single use containers registered in ter ms of the
Scheme as having been placed on the market during t he same period
Verżjoni Elettronika
B 2041
Producers of refillable beverage containers
From 1 st January 2022 to 31 December 2022 - 70% of the
refillable containers registered by the producer as having been placed
on the market during the same period
1 January 2023 to 31 December 2023 - 70% of the refillable
containers registered by the producer as having been placed on the
market during the same period
1 January 2024 to 31 December 2024 - 80% of the refillable
containers registered by the producer as having been placed on the
market during the same period
1 January 2025 to 31 December 2025 - 85% of the refillable
containers registered by the producer as having been placed on the
market during the same period
1 January 2026 to 31 December 2026 and for every calendar year
thereafter - 90% of the refillab le containers registered by the producer
as having been placed on the market during the same period
Verżjoni Elettronika
B 1978
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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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