Regulations, 2004

L.N. 98 of 2004

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Waste Management (Packaging and Packaging Waste)

Regulations, 2004

IN exercise of the powers conferred by articles 9 and 11 of the

Environment Protection Act, 2001, hereinafter referred as “the Act”,

the Minister for Rural Affairs and the Environment has made the

following regulations>-

(1) The title of these regulations is the Waste Management Citation and

commencement.

(Packaging and Packaging Waste) Regulations, 2004.

(2) Unless otherwise provided in the provisions of these

regulations, these regulations shall come into force on such date as

the Minister responsible for the environment may, by notice in the

Gazette appoint, and different dates may be so appointed for different

provisions and different purposes of these regulations.

ESSENTIAL REQUIREMENTS ON THE COMPOSITION AND

THE

REUSABLE

AND

RECOVERABLE,

INCLUDING

RECYCLABLE, NATURE OF PACKAGING

1. Requirements

specific

to

the

manufacturing

and

composition of packaging

- Packaging shall be so manufactured that the packaging volume and

weight be limited to the minimum adequate amount to maintain the

necessary level of safety, hygiene and acceptance for the packed product

and for the consumer.

- Packaging shall be designed, produced and commercialized in such

a way as to permit its reuse or recovery, including recycling, and to

minimize its impact on the environment when packaging waste or residues

from packaging waste management operations are disposed of.

- Packaging shall be so manufactured that the presence of noxious

and other hazardous substances and materials as constituents of the

packaging material or of any of the packaging components is minimized

with regard to their presence in emissions, ash or leachate when packaging

or residues from management operations or packaging waste are incinerated

or landfilled.

2. Requirements specific to the reusable nature of packaging

The following requirements must be simultaneously satisfied

- the physical properties and characteristics of the packaging

shall enable a number of trips or rotations in normally predictable

conditions of use,

- possibility of processing the used packaging in order to meet

health and safety requirements for the workforce,

- fulfil the requirements specific to recoverable packaging

when the packaging is no longer reused and thus becomes waste.

3. Requirements specific to the recoverable nature of

packaging

(a) Packaging recoverable in the form of material recycling

Packaging must be manufactured in such a way as to enable the

recycling of a certain percentage by weight of the materials used into the

manufacture of marketable products, in compliance with current standards

in the European Community. The establishment of this percentage may

vary, depending on the type of material of which the packaging is

composed.

(b) Packaging recoverable in the form of energy recovery

Packaging waste processed for the purpose of energy recovery shall

have a minimum inferior calorific value to allow optimization of energy

recovery.

B

(c) Packaging recoverable in the form of composting

Packaging waste processed for the purpose of composting shall be of

such a biodegradable nature that it should not hinder the separate collection

and the composting process or activity into which it is introduced.

(d) Biodegradable packaging

Biodegradable packaging waste shall be of such a nature that it is capable

of undergoing physical, chemical, thermal or biological decomposition such

that most of the finished compost ultimately decomposes into carbon

dioxide, biomass and water.

(1) These regulations provide additional measures, Scope.

procedures and guidance to those in the Waste Management (Permit

and Control) Regulations, 2001, which aim, as a first priority, at

preventing the production of packaging waste and, as additional

fundamental principles, at reusing packaging, at recycling and other

forms of recovering packaging waste and, hence, at reducing the

final disposal of such waste.

(2) These regulations shall apply to all packaging placed

on the market in Malta and all packaging waste, whether it is used

or released at industrial, commercial, office, shop, service, household

or any other level, regardless of the material used, unless such

packaging is expressly excluded from the application of these

regulations. These regulations shall not apply to packaging not

intended for placing on the market in Malta.

(3) These regulations shall, until 31st December, 2007,

not apply to packaging of non-alcoholic beverages, as defined in

Non-alcoholic Beverages (Control of Containers) Regulations, 1998.

Until such date, such packaging shall continue to be regulated by

the Non-alcoholic Beverages (Control of Containers) Regulations,

1998. (4) After the 31st of December, 2007, all packaging,

including non-alcoholic beverages, shall be regulated by these

regulations which shall, in any case, apply without prejudice to any

other existing laws or regulations.

(5) These regulations shall apply without prejudice to

existing provisions, in particular with regard to quality requirements

for packaging such as those regarding safety, the protection of health

and the hygiene of the packed products or to existing transport

requirements or to the provisions of the Waste Management (Permit

and Control) Regulations, 2001.

DATA TO BE INCLUDED BY THE COMPETENT AUTHORITY IN ITS

DATABASE ON PACKAGING AND PACKAGING WASTE

(IN ACCORDANCE WITH TABLES 1 TO 5)

Table 1:Quantity of packaging placed on the market within Malta, tonnes

Production

Imports

Exports

Quantity

of empty

(empty

(empty

placed

packaging

packaging

packaging

on

the

plus filled

plus filled

market

packaging)

packaging)

(1)

(2)

(3)

(4)

(5)

PLASTIC

PET

PE

PVC

PP

PS

Other

Total

PAPER & FIBREBOARD

METALS

Steel

Aluminium

Total

COMPOSITES

NOTE: Shaded boxes are to be completed on a voluntary basis.

1. Columns 2, 3 and 4 are to be completed in case the methodology used to complete

column 5 refers to production and to imports and exports statistics

2. Columns 3 and 4 may be split into empty and filled packaging

3. The data referring to the split into different plastic categories, to the split of metals

into steel and aluminium, to the item on composites and to the item on wood are to

be compiled on a voluntary basis

4. Data on composites may be either included according to the predominant material by

total weight or separately specified.

B

SCHEDULE 2 (continued)

Table 2: Reusable packaging

Material

Type of packaging

Product

Quantity

Total

Units

of

Mean

Life

of

quantity

reusable

annua

time

product

of

in

l trip

in

product

circulation

figure

reusable

in

packagin

reusable

g

and

in

same type

one way

packagin

g

bottles

drinks

GLASS

other

containers

Drums

–

Food

barrels

Non-

>20L

food

<250L

Barrels

Food

PLASTICS

>250 L

Non-

food

Big bags

Bottles

Drinks

Other

Boxes

Containers

Crates

Pallets

Bottles

FIBREBOARD

Barrels

Containers

Pallets

Containers

Food

drums

Non-

<50 L

food

aluminium

Containers

Food

drums

Non-

>50 L -

food

METALS

<300L

Containers

Food

drums

Non-

<50 L

food

steel

Containers

Food

drums

Non-

>50 L -

food

<300L

Boxes

Crates

WOOD

Drums

Pallets-

boxes

NOTE: Black boxes are considered not relevant in all cases. Shaded boxes are to be

completed on a voluntary basis.

The table is intended only for those product and/or packaging categories which are

considered by the Competent Authority relevant in the context of the reuse of packaging.

Accordingly, the columns on packaging types and products intended to encompass the potentially

relevant ones in the reuse area, but only those items pertinent in the context of the national reuse

systems are to be filled. If necessary the headings may be adapted to the actual systems.

If the data is available the general items drinks/food/non-food may be split into generic

elements such as mineral water, soft drinks, milk, alcoholic beverages, meat, fish, detergent

powder, etc.

The data to be provided and their accuracy should be in line with their availability and the

costs involved and may be adapted to local situations.

‘Units in circulation’

means the number of units circulating in the return scheme

‘Annual trip figure’

means the average annual number of rotations the units accomplish

Quantities relating to drinks/liquids will be given in Litres, and in Kilograms in all cases.

B

SCHEDULE 2 (continued)

Table 3: Quantities of packaging waste (in tonnes) arising and managed in Malta

Recovered by

Disposed by

Sorted

for

Material

Total

recycling

Organic

Other

Total

Energy

Other

Total

Incineration

Landfill

recycling

forms of

recycling

recovery

forms of

recovery

recycling

recovery

GLASS

PET

PE

PVC

PLASTIC

PP

PS

Other

Total

PAPER

&

FIBREBOARD

Aluminiu

METALS m

Steel

Total

COMPOSITES

WOOD

OTHER

TOTAL

NOTE : Black boxes are considered not relevant in all cases. Shaded boxes are to be completed on a voluntary basis.

The data to be included concerning the weight of packaging waste recycled or recovered refer to the inputs of packaging waste to

an effective recycling or recovery process.

Only waste originating from packaging placed on the market may be considered for the calculation of these inputs, excluding any

kind of production residues from the production of packaging or of packaging materials or from any other production process.

The split of data on organic recycling, other forms of recycling, energy recovery and other forms of recovery, incineration and

landfill, as well as the data required under the column heading “sorted for recycling”, shall be made on a voluntary basis.

The provision of data required in the columns headed “total”, “total recycling”and “total recovery” shall be obligatory. The

packaging materials for which the provision of data is obligatory shall be glass, plastics, paper and fibreboard and metals.

SCHEDULE 2 (continued)

Table 4: Monitored quantities of packaging waste (in tonnes) arising within

Malta and recovered outside Malta

Recovered by

Material

Organic

Other

Total

Energy

Other

Total

recycling

forms of

recycling

recovery

forms of

recovery

recycling

recovery

GLASS

PET

PE

PVC

PLASTIC

PP

PS

Other

Total

PAPER & FIBREBOARD

Aluminium

METALS

Steel

Total

COMPOSITES

WOOD

OTHER

TOTAL

NOTE: Black boxes are considered not relevant in all cases. Shaded boxes are to be

completed on a voluntary basis.

The data to be included concerning the weight of packaging waste recycled or recovered

refer to the inputs of packaging waste to an effective recycling or recovery process.

Only waste originating from packaging placed on the market may be considered for the

calculation of these inputs, excluding any kind of production residues from the production of

packaging or of packaging materials or from any other production process.

The split of data on organic recycling, other forms of recycling, energy recovery and other

forms of recovery, incineration and landfill, as well as the data required under the column heading

“sorted for recycling”, shall be made on a voluntary basis.

The provision of data required in the columns headed “total”, “total recycling” and “total

recovery” shall be obligatory. The packaging materials for which the provision of data is

obligatory shall be glass, plastics, paper and fibreboard and metals.

B

SCHEDULE 2 (continued)

Table 5: Monitored quantities of packaging waste (in tonnes) arising outside

Malta and recovered in Malta

Recovered by

Material

Organic

Other

Total

Energy

Other

Total

recycling

forms of

recycling

recovery

forms of

recovery

recycling

recovery

GLASS

PET

PE

PVC

PLASTIC

PP

PS

Other

Total

PAPER & FIBREBOARD

Aluminium

METALS

Steel

Total

COMPOSITES

WOOD

OTHER

TOTAL

NOTE: Black boxes are considered not relevant in all cases. Shaded boxes are to be

completed on a voluntary basis.

The data to be included concerning the weight of packaging waste recycled or recovered

refer to the inputs of packaging waste to an effective recycling or recovery process.

Only waste originating from packaging placed on the market may be considered for the

calculation of these inputs, excluding any kind of production residues from the production of

packaging or of packaging materials or from any other production process.

The split of data on organic recycling, other forms of recycling, energy recovery and other

forms of recovery, incineration and landfill, as well as the data required under the column heading

“sorted for recycling”, shall be made on a voluntary basis.

The provision of data required in the columns headed “total”, “total recycling” and “total

recovery” shall be obligatory. The packaging materials for which the provision of data is

obligatory shall be glass, plastics, paper and fibreboard and metals.

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press

(1)

In these regulations, unless the context otherwise

requires>

“agreement” means the formal agreement concluded between

the Competent Authority and the producers concerned, which

has to be open to all partners who wish to meet the conditions of

the agreement with a view to working towards the objectives of

these regulations.

“authorised packaging waste recovery scheme” means a

recovery scheme for packaging waste that is operated by a person

that has a valid waste management permit under the Waste

Management (Permit and Control) Regulations, 2001<

“categories of packaging” means glass, aluminium, steel,

paper and fibreboard, plastics, wood and textiles, or such other

categories as may be from time to time be specified by the

Competent Authority. An item of packaging waste shall be

deemed to be comprised of the constituent material which is

proportionally largest by weight<

“Competent Authority” means the Malta Environment and

Planning Authority and such other body or person as the Minister

may by order in the Gazette, prescribe and different bodies or

persons may be designated as the competent authority for different

provisions and different purposes of these regulations<

“composite” means packaging made of different materials,

and which cannot be separated by hand<

“to convert” means to use or modify packaging or packaging

material in the production or formulation of packaging<

“energy recovery” means the use of combustible packaging

waste as a means to generate energy through direct incineration

with or without other waste but with recovery of the heat<

“filler” or “packer” means a person who puts goods into

packaging, and “fill” and “pack” shall be construed accordingly<

“incidental presence” means the presence of a metal as an

unintended ingredient of a packaging or packaging component<

“intentional introduction” means the act of deliberately

utilising a substance in the formulation of a packaging or a

packaging component where its continued presence is desired in

the final packaging or packaging component to provide a specific

characteristic, appearance or quality and “intentionally

introduced” shall be construed accordingly. The use of recycled

materials as feedstock for the manufacture of new packaging

materials, where some portion of the recycled materials may

contain amounts of regulated metals, is not considered intentional

introduction<

“Minister” means the Minister responsible for the

environment<

“organic recycling” means the aerobic (composting) or

anaerobic (biomethanization) treatment, under controlled

conditions and using microorganisms, of the biodegradable parts

of packaging waste, which produces stabilized organic residues

or methane. Landfill shall not be considered a form of organic

recycling<

“packaging” means all products made of any materials of

any nature to be used for the containment, protection, handling,

delivery and presentation of goods, from raw materials to

processed goods, from the producer to the user or the consumer.

“Non-returnable” items used for the same purposes shall also be

considered to constitute packaging<

“packaging” consists only of –

(a) sales packaging or primary packaging, which is

packaging conceived so as to constitute a sales unit to the

final user or consumer at the point of purchase<

(b) grouped packaging or secondary packaging,

which is packaging conceived so as to constitute at the point

of purchase a grouping of a certain number of sales units

whether the latter is sold as such to the final user or consumer

or whether it serves only as a means to replenish the shelves

at the point of sale< it can be removed from the product

without affecting its characteristics<

(c) transport packaging or tertiary packaging, which

is packaging conceived so as to facilitate handling and

transport of a number of sales units or grouped packagings

in order to prevent physical handling and transport damage.

Transport packaging does not include road, rail, ship and

air containers<

“packaging waste” means any packaging or packaging

material covered by the definition of waste in the Waste

Management (Permit and Control) Regulations, 2001, excluding

production residues<

“prevention” means the reduction of the quantity and of the

harmfulness for the environment of>

- materials and substances contained in packaging and

packaging waste,

- packaging and packaging waste at production process

level and at the marketing, distribution, utilization and

elimination stages,

in particular by developing “clean” products and technology<

“producer” means a person who for the purpose of trade or

otherwise in the course of business, imports, manufactures,

converts, distributes, fills, packs, sells or otherwise supplies to

other persons or otherwise puts on the Maltese market packaging

material or packaging, or packaged products< and “produce” shall

be construed accordingly<

“product loops which are in a closed and controlled chain”

means product loops in which products circulate with a controlled

reuse and distribution system and in which the recycled material

originates only from these entities in the chain so that the

introduction of external material is just the minimum technically

feasible and from which these entities may only be removed in a

specially authorised procedure so that return rates are maximised<

“recycling” means the reprocessing in a production process

of the waste materials for the original purpose or for other

purposes including organic recycling but excluding energy

recovery<

“reuse” means any operation whereby packaging, which has

been conceived and designed to accomplish within its life cycle

a minimum number of trips or rotations, is refilled or used for

the same purpose for which it was conceived, with or without

the support of auxiliary products present on the market enabling

the packaging to be refilled< such reused packaging will become

packaging waste when no longer subject to reuse<

“seller” means a person who supplies packaging to a user

or a consumer of that packaging, whether or not the filling of the

package has taken place at the time of the supply, and “sell” shall

be construed accordingly.

(2) All other terms shall have the same meaning as that

assigned to them in regulation 2 of the Waste Management (Permit

and Control) Regulations, 2001.

(1) Producers shall import, manufacture, supply or use Essential

requirements of

packaging material and packaging only if it complies with all packaging.

essential requirements defined by these regulations .

(2) Packaging shall be deemed to comply with the essential

requirements of Schedule 1 to these regulations if it complies with

Maltese standard MSA EN 13428>>2000 or MSA EN 13432>>2000.

Users of Maltese standard MSA EN 13428>>2000 shall note that this

standard does not cover the essential requirements of the said Schedule,

as specified in the first and third indents of the said Schedule.

(3) Sub-regulation (1) hereat does not apply to packaging

that was used for a given product prior to the 31st December, 1999.

(1) Producers shall not import, manufacture, supply or use Concentration

levels of regulated

packaging material and packaging if the aggregate concentrations of metals in

lead, cadmium, mercury and hexavalent chromium present in each packaging.

packaging material or packaging exceeds 100 parts per million (ppm)

by weight.

(2) The concentration levels referred to in sub-regulation

(1) hereat shall not apply to packaging entirely made of lead crystal

glass as defined in the relevant regulations.

(1) Without prejudice to regulation 5 of these regulations,

plastic crates and plastic pallets shall, until the 8th February, 2009,

be allowed to exceed the limits of 100 ppm by weight of the sum of

the concentration levels of lead, cadmium, mercury and hexavalent

chromium. This provision applies exclusively to plastic crates and

plastic pallets used in product loops which are in a closed and

controlled chain.

(2) Plastic crates and plastic pallets referred to in sub-

regulation (1) hereat shall have been>

(a) manufactured in a controlled recycling process, in

which the recycled material originates only from other plastic

crates or plastic pallets and in which the introduction of external

material is just the minimum technically feasible, up to a maximum

of 20% by weight. Returned entities that are no longer reusable

shall be treated in accordance with paragraph (b) hereof>

Provided that no lead, cadmium, mercury or hexavalent

chromium shall be intentionally introduced as an element during

the manufacture or distribution as opposed to the incidental presence

of any of these elements>

Provided further that the plastic crate or plastic pallet to which

this derogation applies may only exceed the concentration limits as

a result of the addition of recycled materials<

(b) introduced in a controlled distribution and reuse system

complying with the following conditions>

(i) new plastic crates or pallets containing the

regulated metals shall be identified in a permanent and visible

way,

(ii) the producer establishes to the satisfaction of the

Competent Authority a system of inventory and record

keeping, including a method of regulatory and financial

accountability, to document the compliance with this

derogation including the return rates, that is the percentage

of returnable entities which are not discarded after use but

are returned to the manufacturer or packer and, or filler or

an authorised representative. Such return rate shall be as

high as possible and shall in no case be lower than 90%

over the life cycle of the plastic crates or plastic pallets. The

system shall account for all the reusable entities put into,

and removed from service,

(iii) all returned entities that are no longer reusable

shall be either disposed of by a procedure specifically

authorised by the Competent Authority or be recycled in a

recycling process, in which the recycled material is made

up of plastic crates or plastic pallets in the circuit, and the

introduction of external material is the minimum technically

feasible, up to a maximum of 20% by weight,

(iv) the person who places the product on the market

shall draw up and submit to the Competent Authority on an

annual basis a written declaration of conformity, including

an annual report demonstrating how the conditions of this

derogation have been complied with. Possible changes to

the system and to authorised representatives shall be

contained therein,

(v) the person who places the product on the market

shall make this documentation at the disposal of the

Competent Authority for inspection purposes for at least

four years.

Without prejudice to regulation 5 hereat, glass packaging Derogation for

glass packaging.

shall, until the 30th June, 2006, be allowed to exceed the limit of

100 ppm by weight of the sum of the concentration levels of lead,

cadmium, mercury and hexavalent chromium.

Provided that>

(a) no lead, cadmium, mercury or hexavalent chromium

shall be intentionally introduced during the manufacturing

process. The packaging material may only exceed the

concentration limits because of the addition of recycled materials<

(b) ††where the average heavy metals concentrations

levels on any twelve consecutive monthly controls made from

the production of each individual glass furnace, representative

of normal and regular production activity, exceeds the 200 ppm

limit, the manufacturer or this authorised representative who

places the product on the Market shall submit a report to the

competent authority<

(c) such report as is mentioned in paragraph (b) of this

proviso shall provide information as to>-

- measure values,

- description of measurement methods employed,

- suspected sources for the presence of heavy metals

concentration levels,

- detailed description of the measures taken to reduce

the heavy metals concentration levels<

(d) measurement results from production sites and

measurement methods employed shall be made available at any

time to the Competent Authority if requested.

The Competent Authority shall, in consultation with

producers and industry organisations and as the Minister may

prescribe, take such measures, it may deem appropriate for the

following targets to be attained> >

(a)

by the 1st May, 2004>

(i) 20% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 18% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 25% by weight for glass contained in packaging

waste, 27% by weight for metals contained in packaging

waste, 5% by weight for plastics contained in packaging

waste, 25% by weight for paper and board contained in

packaging waste.

(b)

by the 31st December, 2004>

(i) 27% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 21% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 30% by weight for glass contained in packaging

waste, 31% by weight for metals contained in packaging

waste, 5% by weight for plastics contained in packaging

waste, 30% by weight for paper and board contained in

packaging waste<

(c)

by the 31st December, 2005>

(i) 28% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 25% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 35% by weight for glass contained in packaging

waste, 34% by weight for metals contained in packaging

waste, 5% by weight for plastics contained in packaging

waste, 35% by weight for paper and board contained in

packaging waste.

(d)

by the 31st December, 2006>

(i) 34% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 29% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 43% by weight for glass contained in packaging

waste, 38% by weight for metals contained in packaging

waste, 7% by weight for plastics contained in packaging

waste, 42% by weight for paper and board contained in

packaging waste<

(e)

by the 31st December 2007>

(i) 41% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 35% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 50% by weight for glass contained in packaging

waste, 41% by weight for metals contained in packaging

waste, 10% by weight for plastics contained in packaging

waste, 50% by weight for paper and board contained in

packaging waste<

(f)

by the 31st December, 2008>

(i) 47% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 41% as a minimum and 45% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recycled with a

minimum of 55% by weight for glass contained in packaging

waste, 46% by weight for metals contained in packaging

waste, 13% by weight for plastics contained in packaging

waste, 60% by weight for paper and board contained in

packaging waste<

(g)

by the 31st December, 2009>

(i) 51% as a minimum and 65% as a maximum by

weight of all packaging waste resulting from packaging and

packaging material put on the market be recovered< and

(ii) 45% as a minimum and maximum by weight of

all packaging waste resulting from packaging and packaging

material put on the market be recycled with a minimum of

60% by weight for glass contained in packaging waste, 50%

by weight for metals contained in packaging waste, 15% by

weight for plastics contained in packaging waste, 65% by

weight for paper and board contained in packaging waste.

The Competent Authority shall maintain a database

containing annual records about packaging and packaging waste

according to the format specified in Schedule 2 to these regulations.

The Competent Authority, in consultation with producers

and industry organisations and as the Minister may prescribe, may

take such measures it may deem appropriate in order to> -

(i) implement systems intended for the recovery, re-use

or recycling of packaging and packaging waste<

(ii) implement programmes to reduce the formation of

packaging waste<

(iii) implement reuse systems of packaging, which can be

reused in an environmentally sound manner in accordance with

these and other relevant regulations<

(iv) implement systems intended for the use of materials

obtained from recycled packaging waste for the manufacturing

of packaging and other products<

(v) conduct information campaigns for users or consumers

and producers of packaging on >

(a) the measures and targets referred to in these

regulations,

(b) the return, collection and recovery systems

available to them,

(c) their role in contributing to reuse, recovery and

recycling of packaging and packaging waste,

(d) the meaning of markings on packaging existing

on the market,

(e) the appropriate elements of the management plans

for packaging and packaging waste as referred to in these

regulations.

Without prejudice to other existing laws and regulations, Freedom to place

on the market.

the Competent Authority shall not impede the placing on the market

of packaging that satisfies the provisions of these regulations.

The Competent Authority may charge producers such fees Charging of fees

as necessary to cover the costs of the administration of these by

Authority.

regulations.

(1) The Competent Authority may, with respect to Producers

packaging.

packaging waste arising from their activities, require any producer

(i) provide adequate facilities at their premises or at other

designated areas or premises for the deposition of packaging by

customers at no net cost to the latter, and for the reception,

segregation and storage of packaging waste<

(ii) display a notice on such areas or premises indicating

that packaging waste of the type placed on the market by the

producer will be accepted, free of charge<

(iii) accept from any person, packaging waste of the type

of packaging or packaged product supplied by that producer<

(iv) arrange for the collection of packaging waste from

any other producer to whom packaging or packaged products

are supplied by the producer<

(v) arrange for the waste packaging so accepted and/or

collected to be>

(a)

taken back by a supplier of such packaging, or

(b) recovered by the producer or by an operator of

an authorised packaging waste recovery scheme,

or

(c) made available for recycling or recovery, namely

that it is segregated, offered to recyclers or recoverers and

stored pending collection by a recycler or recover.

(2) No producer shall dispose of such packaging waste

without first making it available for reuse or recovery.

The Competent Authority may require any producers to

keep three-year records in relation to packaging produced and

packaging waste reused or recovered at each premises, by weight

for each category of material specified.

(1) Notwithstanding the provisions of regulation 13, the

Competent Authority may request a producer to provide it with a

packaging declaration for the previous six months, which shall

include the following information>

(i) names and addresses of producers who took back

packaging material<

(ii)

weights of packaging in each category put on the

market<

(iii) weights of packaging waste in each category taken

back at each premises<

(iv) a description of the system provided for the

acceptance, at no net cost to the consumer, segregation, storage

and transportation of the packaging waste<

(v) details of any deposit-refund scheme or other scheme

adopted in order to ensure the return of packaging by consumers<

(vi) how the packaging waste in each category was

reused, recovered and, or recycled, and how the balance was

disposed of<

(vii) how the consumers were informed of his packaging

waste collection service<

(viii) information about concentration levels of lead,

cadmium, mercury and hexavalent chromium present in

packaging, and the presence of noxious and other hazardous

substances and materials as defined in any existing laws and

regulations<

(ix) information about packaging waste considered as

hazardous due to contamination by product contents, in particular

if it is not suitable for recovery<

(x) a description of how the above data has been compiled,

indicating any estimations used in the calculation of the quantities

and rates of packaging waste recovered and recycled and of the

rates of reuse<

(xi) any other additional relevant information as required

by the Competent Authority.

(2) The Competent Authority may specify the format in

which such information is to be made available.

(3) The Competent Authority shall make these reports

available in accordance with the Freedom of Access to Information

L.N. 217 of 2001.

on the Environment Regulations, 2001.

The Competent Authority may exempt a producer from all Participation in a

packaging waste

or part of these regulations provided the producer provides evidence recovery scheme.

to the Competent Authority of participating in an authorised packaging

waste recovery scheme.

(1) If a producer chooses to make use of an existing Signed agreement

with operator of a

authorised waste recovery scheme, he shall be required to submit to packaging waste

the Competent Authority a signed agreement with the operator of recovery scheme.

the authorised waste recovery scheme to prove that the scheme

complies with the provisions of these regulations.

(2) The operator of the packaging waste recovery scheme

referred to in sub-regulation (1) of this regulation shall >

(i) bind himself to carry out the activities agreed to and

on behalf of the producer in accordance with any existing laws

and regulations,

(ii) provide the Competent Authority every six months with

the information referred to in sub-regulation (1) of regulation 15

as it applies mutatis mutandis to the producer, and

(3) The Competent Authority may specify the format in

which such information is to be made available.

(4) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

on the Environment Regulations, 2001.

(1) Producers shall ensure that the nature of any

packaging material used is indicated on the packaging for the purposes

of its identification and classification in order to facilitate the collection,

reuse and recovery including recycling of packaging waste.

(2) Producers shall ensure that packaging bears the

appropriate marking either on the packaging itself or on the label

according to any existing laws and regulations. Such marking shall

be clearly visible and easily legible, appropriately durable and lasting,

even when the packaging is opened.

The users and consumers of packaging and the holders of

packaging waste shall cooperate with, and participate in any system

set up for the reuse, recovery and recycling of packaging waste.

Accordingly, they shall segregate, deposit and return packaging as

required by the system.

Permit required by

(1) Persons who intend to operate a packaging waste

recovery scheme as required under these regulations, including the

collection, sorting, storage, export, recovery and recycling of

packaging waste on behalf of producers shall require and obtain a

valid permit from the Competent Authority in terms of the Waste

Management (Permit and Control) Regulations, 2001.

(2) Without prejudice to the Waste Management (Permit

permit to operate a

and Control) Regulations, 2001, in applying for such a permit, any

such person shall provide the Competent Authority with the following

information as applicable>

(a)

a copy of the memorandum and articles of association<

(b) a copy of a valid development permit issued under

the Development Planning Act<

(c) a description of the proposed system which will

provide for the acceptance, at no net cost to the consumer,

segregation, storage and transportation of the packaging waste<

(d) details of any deposit-refund scheme or other scheme

adopted in order to ensure the return of packaging by consumers<

(e)

a financial plan in relation to the proposed scheme<

(f) annual weights of packaging waste in each category to

be reused, recovered and recycled<

(g) annual packaging waste recovery targets to be achieved

under the proposed scheme<

(h) proposals for determining and verifying the level of

recovery of packaging waste under the proposed scheme,

including estimations and assumptions to be made in this process<

(i) proposals for the certification of producers who will

make use of this scheme<

(j) proposals of how the information in regulation 15

hereof will be compiled and made available to the Competent

Authority<

(k) any other relevant information requested by the

Competent Authority.

(3) The Competent Authority may specify the format in

which such information is to be made available.

(4) The Competent Authority shall make this information

available in accordance with the Freedom of Access to Information

L.N. 217 of 2001.

on the Environment Regulations, 2001.

The services offered by operators of packaging waste Services offered

by scheme

recovery schemes shall>

operators.

(a) be available to producers of the sectors concerned

and open to the participation of the competent authority under

non-discriminatory conditions and shall be designed so as to

avoid any barriers to trade or distortions of competition in

conformity with the relevant regulations< and

(b) take into account, in particular, requirements regarding

the protection of environmental 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.

(1) For the purposes of achieving the objectives, and

satisfying the provisions of these regulations, economic operators may

be parties to agreements with the Competent Authority. Such

agreements shall specify the detailed rules of implementation of these

regulations.

(2)

Moreover>

(a)

these agreements shall be enforceable at law<

(b) they shall specify the objectives with the corresponding

deadlines<

(c)

they shall be published in the Gazette<

(d) the results achieved under an agreement shall be

monitored regularly, reported to the competent authorities and

made available to the public under the conditions set out in the

agreement<

(e) the competent authorities shall make provisions to

examine the progress reached under an agreement.

Any person shall be guilty of an offence under these

regulations if>

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions or with any

order lawfully given in terms of any provision of these

regulations< or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations< or

(c) he acts in contravention of any of the provisions of

these regulations< or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions (including any

order lawfully given in terms of any of the provision of these

regulations) or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable>

(a) on a first conviction, to a fine (multa) of not less than

five hundred Maltese liri (Lm500), but not exceeding one

thousand Maltese liri (Lm1,000)<

(b) on a second conviction or subsequent convictions, to

a fine (multa) of not less than one thousand Maltese liri

(Lm1,000), but not exceeding two thousand Maltese liri

(Lm2,000), or to imprisonment for a term not exceeding two

years, or to both such fine and imprisonment>

Provided that whenever any person is found guilty of committing

an offence under these regulations by means of a vehicle, the owner

of the said vehicle, where applicable, is held liable in the same manner

and degree>

Provided further that the court may order any person who has

been found guilty of committing an offence against these regulations

to pay for the expenses incurred by the Competent Authority

mentioned in these regulations as a result of the said offence, the

revocation of the permit issued by the Competent Authority and the

confiscation of the corpus delicti, including the vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal Applicability of

Code shall, mutatis mutandis, apply to proceedings in respect of Cap. 9.

offences against these regulations, so however that the disqualification

from holding or obtaining a licence, permit or authority shall in no

case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court

of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.