Restrictions on Placing on the Market of Single-Use Plastic Products Regulations, 2020

B 3371
L.N. 481 of 2020
SUPPLIES AND SERVICES ACT
(CAP. 117)
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Restrictions on Placing on the Market of Single-Use Plastic
Products Regulations, 2020
IN EXERCISE of the powers c onferred by article 3 of the
Supplies and Services Act and articles 54 and 55 of the Environ ment
Protection Act, the Minister for the Economy and Industry and t he
Minister for the Environment, Climate Change and Planning, have
made the following regulations:-
Citation-1. The title of these regulations i s the Restrictions on Placing
on the Market of Single-Use Pl astic Products Regulations, 2020.
Scope.2. (1) These regulations bring into effect Article 5 and
Articles 6(1) and (2) of Direc tive (EU) 2019/904 of the Europea n
Parliament and of the Council of 5 June 2019 on the reduction o f the
impact of certain plastic products on the environment.
(2) The Environment and Resources Authority and the
Customs Department shall collabor ate and cooperate in enforcing
these regulations.
Interpretation.3. In these regulations, unless the context otherwise requires:
"making available on the market" means any supply of a product
for distribution, consumption or use on the market of Malta in the
course of a commercial activity, whether in return for payment or free
of charge;
"oxo-degradable plastic" means plastic materials that include
additives which, through oxidation, lead to the fragmentation o f the
plastic material into micro-frag ments or to chemical decomposit ion;
S.L. 549. 43.
"packaging" means packaging as defined in regulation 3(1) of th e
Waste Management (Packaging and Packaging Waste) Regulations;
"placing on the market" means the first making available of a
product on the market of Malta;
"plastic" means a material consis ting of a polymer as defined i n
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point 5 of Article 3 of Regulation (EC) No 1907/2006, to which
additives or other substances may have been added, and which ca n
function as a main structural c omponent of final products, with t h e
exception of natural polymers th at have not been chemically modified;
"single-use plastic product" mean s a product that is made wholl y
or partly from plastic and that is not conceived, designed or p laced on
the market to accomplish, within its life span, multiple trips or
rotations by being returned to a producer for refill or re-used for the
same purpose for which it was conceived;
Prohibitions on
placing on the
market.
4. (1) As from 1 January 2021, th e placing on the market of
the single-use plastic products l isted in Part A of the Schedul e and of
products made from oxo-degradable plastic shall be prohibited.
(2) As from 3 July 2024, the placing on the market of the
single-use plastic products liste d in Part B of the Schedule th at have
caps and lids made of plastic shall be prohibited:
Provided that single-use plasti c products listed in Part B of
the Schedule may be exempt from such prohibition only if the ca ps and
lids remain attached to the containers during the products’ int ended
use stage:
Provided further that for the purposes of this sub-
regulation, metal caps or lids w ith plastic seals shall not be considered
to be made of plastic.
Offences and
penalties.
5. (1) Any person who contravenes or fails to comply with
the prohibitions under regulation 4, shall, on conviction, be g uilty of
an offence under these regulations.
(2) Any person who commits or attempts to commit an offence
against these regulations shall, on conviction, be liable:
(a) on a first conviction to a fine (multa) not exceeding
one thousand five hundred euro (€1,500);
(b) on a second or subsequent conviction, to a fine
(multa) not exceeding two thous and five hundred euro (€2,500):
Provided that the co urt shall order any p erson who has been
found guilty of committing an offe nce against these regulations to pay
for the expenses incurred by any of the competent authorities a s a
result of the said offence and shall moreover order the confisc ation of
the products to which the offence relates, even though the owner
thereof may not be a party to the proceedings.
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Cap. 9.(3) The provisions of article 23 and 30(1) of the Criminal Code
shall, mutatis mutandis , apply to proceedings in respect of offences
against these regulations.
SCHEDULE
(regulation 4)
Single-use Plastic Products Covered by the Prohibition on Placing on
the Market
Part A
(a) Cotton bud sticks, except if they fall within the scope of
Council Directive 90/385/EEC or Council Directive 93/42/EEC;
(b) Cutlery (forks, knives, spoons, chopsticks);
(c) Plates;
(d) Straws, except if they fall w ithin the scope of Directive 90 /
385/EEC or Directive 93/42/EEC;
(e) Beverage stirrers;
(f) Sticks to be attached to and to support balloons, except
balloons for industrial or other professional uses and applicat ions that
are not distributed to consumers, including the mechanisms of s uch
sticks;
(g) Food containers made of expanded polystyrene, i.e.
receptacles such as boxes, with o r without a cover, used to con tain
food which:
- is intended for immediate consumption, either on-the-spot
or take-away,
- is typically consumed from the receptacle, and
- is ready to be consumed without any further preparation,
such as cooking, boiling or heating,
including food containers used for fast food or other meal ready
for immediate consumption, excep t beverage containers, plates a nd
packets and wrappers containing food;
(h) Beverage containers made of expanded polystyrene,
including their caps and lids;
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(i) Cups for beverages mad e of expanded polystyrene,
including their covers and lids.
Part B
Beverage containers with a cap acity of up to three litres, i.e.
receptacles used to contain liquid, such as beverage bottles in cluding
their caps and lids and composit e beverage packaging including their
caps and lids, but not:
- glass or metal beverage contai ners that have caps and lids
made from plastic; and
- beverage containers intended and used for food for special
medical purposes as defined in point (g) of Article 2 of Regula tion
(EU) No 609/2013 of the European P arliament and of the Council (3)
that is in liquid form.
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