Eco-Contribution (Exemptions) Regulations, 2010

L.N. 84 of 2010

ECO-CONTRIBUTION ACT

(CAP. 473)

Eco-Contribution (Exemptions) Regulations, 2010

IN exercise of the powers conferred by articles 12 and 13 of

the Eco-Contribution Act, the Minister for Resources and Rural

Affairs in concurrence with the Minister of Finance, the Economy

and Investment, has made the following regulations:-

(1) The title of these regulations is the Eco-Contribution

(Exemptions) Regulations, 2010.

(2) These regulations shall be deemed to have come into

force on the 1st July, 2009.

(3) These regulations provide measures, procedures and

additional guidance to the Act and aim to regulate the granting

of exemptions in respect of the eco-contribution due on products

placed on the market by producers who participate in the recovery

of packaging waste through waste recovery schemes.

(4)

These regulations shall be read and construed in

the context of the provisions of the Eco-Contribution (Approved

Waste Recovery Facilities) Regulations, 2008. L.N. 74 of

2008.

Regulation 3

Packaging waste

Carboys, bottles, flasks, jars and other containers made of plastic, glass or metal,

containing any of the following beverages

Clusters of products

Waters, including natural or artificial mineral waters and aerated

waters not containing added sugar or other sweetening matter

nor flavoured; ice and snow

Waters, including mineral waters and aerated waters containing

added sugar or other sweetening matter or flavoured, and other

non-alcoholic beverages, not including fruit or vegetable juices

of heading 2009

Beer made from malt

Wine of fresh grapes, including fortified wines; grape must

other than that of heading 2009

Vermouth and other wine of fresh grapes flavoured with plants

or aromatic substances

Other fermented beverages (for example, cider perry, mead);

mixtures of fermented beverages and mixtures of fermented

beverages and non-alcoholic beverages, not elsewhere specified

or included

Undenatured ethyl alcohol of an alcoholic strength by volume of

less than 80% vol; spirits, liqueurs and other spirituous

beverages

Empty carboys, bottles, flasks, jars and other containers made of plastic, glass or

metal under the following

Clusters of products

Articles for the conveyance or packaging of beverages

Articles for the conveyance or packaging of beverages

Cans of aluminium for the conveyance or packaging beverages

Toiletries and washing preparations, under the following headings

Clusters of products

Perfumes and toilet waters

Beauty or make-up preparations and preparations for the care of

the skin (other than medicaments), including sunscreen or

suntan preparations; manicure or pedicure preparations. But

excluding unscented nursery powder packed in cartons of a

weight not exceeding 70 grams and hand and body lotion in

containers not exceeding 50ml

Preparations for use on the hair, but excluding items falling

under heading 3305 10 00

Shampoos, in containers exceeding 50 ml

Preparations for oral or dental hygiene, including denture

fixative pastes and powders; yarn used to clean between the

teeth (dental floss), in individual retail packages

Pre-shave, shaving or aftershave preparations, personal

deodorants, bath preparations, depilatories and other perfumer,

cosmetic or toilet preparations, not elsewhere specified or

included; prepared room deodorisers, whether or not perfumed

or having disinfectant properties. But excluding bath and

shower gel in containers not exceeding 50 ml

Organic surface-active agents (other than soap); surface-active

preparations, washing preparations (including auxiliary washing

preparations) and cleaning preparations, whether or not

containing soap, other than those of heading 3401, not including

preparations of heading 3402 20 or of heading 3402 90

Organic surface-active agents (other than soap); surface-active

preparations, washing preparations (including auxiliary washing

preparations) and cleaning preparations, whether or not

containing soap, other than those of heading 3401, carried under

heading 3402 20 or of heading 3402 90

(1) In these regulations, unless the context otherwise

requires

“the Act” means the Eco-Contribution Act;

“Approved Waste Recovery Facility” means a

facility approved in terms of the Waste Recovery Scheme

Regulations, 2010 by the Approving Body as being engaged

in the recovery of waste on a commercial basis in Malta or

outside Malta;

“Approving Body” means the body constituted under

regulation 7 of these regulations;

“commercial basis” means operating with the aim of

making a profit and without any support from public finances,

excluding funding granted by the European Union;

“exemption period” means a period of one calendar year,

provided that for the period commencing 1st July 2009, the

exemption period means a period running from 1st July 2009

until 31st December 2010;

“exemption rate” means the percentage of products

placed on the market which are exempt from eco-contribution

as a percentage of the amount of total products placed on the

market as shown in Schedule 2 for the relevant exemption

period;

“recycling bag” means a bag without any handles, loops,

slots or any other feature that facilitates the use of the bag for

the conveyance of goods, and without any gussets, used for

the disposal of waste;

“the Minister” means the Minister responsible for waste

management and includes, to the extent of the authority given,

any person, including any Approving Body, authorised in that

behalf for any purpose of the Act;

“packaging waste” means waste listed in Schedule 1;

“permit” means any permit issued by the Minister in

terms of the Eco-Contribution (Approved Waste Recovery

Facilities) Regulations, 2008;

“products” means the products listed in Schedule 1;

“recovery of waste” or “recovery” means the recovery

and collection of waste from the market, by delivery to an

Approved Waste Recovery Facility for the subsequent re-use,

recycling or reclamation thereof;

“recovery rate” means the percentage of waste recovered

as a percentage of the total amount of waste of products

shown in the Schedules 1 and 2 and placed on the market by

a producer for the relevant exemption period;

“scheme” or “waste recovery scheme” means a

system through which any producer can demonstrate to the

satisfaction of the Approving Body the recovery of domestic,

commercial and industrial packaging waste placed by

such producer on the market, when the packaging waste is

delivered to one or more Approved Waste Recovery Facilities

in terms of the Waste Recovery Scheme Regulations, 2010.

(2) Any term not defined in these regulations shall have

the same meaning as that assigned to it in the Act.

Regulation 4

Recovery rate

Up to and including 40% of the amount of products placed on the

market

Exceeding 40% and up to and including 50% of the amount of

products placed on the market

Exceeding 50% and up to and including 60% of the amount of

products placed on the market

Exceeding 60% and up to and including 70% of the amount of

products placed on the market

In excess of 70% of the amount of products placed on the market

In all cases, a minimum of 60% of the total packaging waste which is recovered

shall be collected from door-to-door collection and domestic bring-in sites.

B

A producer who participates in an approved waste

recovery scheme may, apply for an exemption from payment of

eco-contribution due on products where the producer indicates that

packaging waste generated from such products will be recovered

through the waste recovery scheme

Provided that the eco-contribution return shall still be

duly filed by the producer in terms of the Act.

Regulation 6(2)

Plastic Bags

Clusters of products

HS Code Number

Recycling bags, without any handles, loops, slots or

any other feature that facilitates the use of the bag for

the conveyance of goods, and without any gussets,

used for the disposal of waste and which are

distributed to the general public and Local Councils

for the purpose of encouraging the separation of

domestic waste for recycling

B

B

€0.93

(1) Upon an exemption being granted by the Approving

Body, no eco-contribution shall be payable by a producer in an

exemption period on all or a percentage of products calculated in

terms of the exemption rate and which constitute packaging waste

placed on the market by the producer as stipulated in Schedule 2

Provided that, in respect of the total amount of

packaging waste that will be declared as placed by such producer

on the market, the waste recovery scheme undertakes to recover,

separate and recycle a percentage of such packaging waste, with

the minimum recovery rates in terms of Schedule 2, calculated by

reference to the amount of packaging waste placed on the market

during such exemption period.

(2) Where following the grant of an exemption, eco-

contribution would have been paid in the relevant exemption

period, the producer shall be eligible to a refund of eco-contribution

paid on all or on a percentage of products placed on the market

calculated in terms of the exemption rate as stipulated in Schedule

2. (3) Where the thresholds set in sub-regulation (1)

are not reached, the exemption in favour of the producer shall be

revoked and the eco-contribution, which would have been due

other than owing to the exemption, shall be due in full

Provided that the producer shall be deemed to be in

possession of a valid exemption if such producer subscribes to

another approved scheme in terms of the proviso to sub-regulation

(2) of regulation 4 of the Eco-Contribution (Approved Waste

Recovery Facilities) Regulations, 2008.

(4) Nothing included in these regulations shall

preclude the scheme from its obligations to acquire the necessary

permits granting access to collect such packaging waste from the

owner or holder of such waste from within localities where waste

collection falls under the responsibility of Local Councils.

(1) An application for an exemption from eco-

contribution due on products may be made on a form issued by the

Approving Body.

(2) The application shall be accompanied by such

documentary evidence to the satisfaction of the Approving Body

indicating the quantity and nature of packaging waste recovered

as per Schedule 2 and which will be recovered from the products

placed on the market by a producer during the relevant exemption

period.

(3) Exemptions shall be granted on a provisional basis,

and shall become final only when a certificate is issued in terms of

regulation 8.

(1) Subject to the condition set out in sub-regulation Distribution of

(2) hereof, producers exempted in terms of these regulations who

distribute recycling bags free of charge to the general public and

to Local Councils for the purpose of encouraging the separation

of domestic waste for recycling, shall be exempt from eco-

contribution on such bags.

(2) The bags distributed shall be those identified in

Schedule 3 and shall have printed on each side, in a character font

of not less than two centimetres and in a manner which is clearly

visible, a label consisting of, but not limited to, the following

information

(a) the name of the approved scheme, and in the

absence thereof, the name of the operator of the approved

scheme,

(b) the business address of the approved scheme, and

in the absence thereof, the business address of the operator of

the approved scheme.

The Approving Body shall be composed of one

representative from each of the following

(a) the Malta Environment and Planning Authority;

(b) the Ministry responsible for waste management

and strategy implementation; and

(c) the Ministry responsible for finance,

and shall regulate its own procedures in processing and

approving requests for exemptions from eco-contribution.

(1) The Approving Body shall issue a certificate in

respect of each producer whose application for exemption from

eco-contribution is accepted.

(2) The certificate shall be valid for the relevant

exemption period and may be renewed for subsequent exemption

periods subject to the producer submitting documentary evidence

as stipulated in sub-regulation (2) of regulation 5.

(3) Without prejudice to sub-regulation (3) of

regulation 4 and the proviso thereto, the Approving Body may

revoke a certificate if any of the conditions for the application of

the exemption from eco-contribution is not satisfied or no longer

adhered to.

(4) The Approving Body may issue a list of producers

in possession of a valid certificate and the corresponding products

on which the exemption from eco-contribution is applicable.

The provisions regulating appeals set out in the Act shall

be applicable to appeals from decisions of the Approving Body

made to the Appeals Board.