442 tal-2012

L.N. 442 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment) Regulations, 2012

BY VIRTUE of the powers conferred by articles 2, 61, 64, and

66 the Environment and Development Planning Act, and by article 38

of the Product Safety Act, the Minister for Tourism, Culture and the

Environment and the Minister for Fair Competition Small Business

and Consumers, after consultation with the Malta Environment and

Planning Authority, have made the following regulations:-

The title of these regulations is the Waste Management

(Packaging and Packaging Waste) (Amendment) Regulations, 2012,

and these regulations shall be read and construed as one with the

Waste Management (Packaging and Packaging Waste) Regulations,

hereinafter referred to as "the principal regulations".

In sub-regulation (3) of regulation 2 of the principal

regulations, for the words "These regulations shall not apply to

packaging not intended for putting on the market in Malta", there

shall be substituted the words "These regulations, with the exception

of regulations 4, 5, 6, 7, 11, 18, and Schedule 2, shall not apply to

packaging not intended for putting on the market in Malta".

The first paragraph (but not the proviso) in sub-regulation

(1) of regulation 4 of the principal regulations shall be substituted by

the following

"The competent authority shall take necessary measures to

ensure that all packaging complies with all essential

requirements defined by the regulations including Schedule 2:".

In sub-regulation (1) of regulation 10 of the principal

regulations, for the words "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 -", there shall be substituted the words "The competent authority

shall take such measures in order to -".

Paragraph (a) of sub-regulation (1) of regulation 13 of the Amends

regulation 13 of

principal regulations shall be substituted by the following

the principal

regulations.

"(a)

the return and, or collection of used packaging and,

or packaging waste from the consumer, other final user, or from

the waste stream in order to channel it to the most appropriate

waste management alternatives, ensuring that these systems are

open to all economic operators;".

Regulation 15 of the principal regulations shall be Amends

regulation 15 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof, for the words

"Notwithstanding the provisions of regulation 13, producers or

third parties acting on their behalf, shall provide the competent

authority with a packaging declaration on a quarter and annual

basis, which shall include the following information:", there

shall be substituted the words "Notwithstanding the provisions

of regulation 13, producers or third parties acting on their

behalf, shall provide the competent authority with a packaging

declaration on an annual basis, whereas authorised packaging

waste recovery schemes shall provide the competent authority

with a packaging declaration on a quarter and annual basis,

which shall include the following information:"; and

(b)

paragraph (a) of sub-regulation (2) thereof shall be

substituted by the following

"(a) producers or third parties acting on their

behalf shall complete the tables shown in Schedule 4 on an

annual basis, whereas authorised packaging waste

recovery schemes shall complete the tables shown in

Schedule 4 on a quarter and annual basis

Provided that the tables referred to herein shall

cover the whole of each reporting period (quarter or

calendar year, where appropriate). In the case of authorised

packaging waste recovery schemes, quarterly reports shall

be submitted to the competent authority within forty

working days following the end of that period, whereas

annual reports shall be submitted to the competent

authority within six calendar months of the closing of the

year.".

Sub-regulation (1) of regulation 21 of the principal Amends

regulation 21 of

regulations shall be substituted by the following

the principal

regulations.

"(1)

By 31 January 2006 each producer shall apply to

the competent authority for registration, and from 1 January

2006 each producer shall register with the competent authority

by 31 January, and each producer shall register with the

competent authority by 31 March each year thereafter.".

Sub-regulation (2) of regulation 22 of the principal

regulations shall be substituted by the following

"(2) By 31 January 2007 each producer shall provide to

the competent authority the information referred to in sub-

regulation (1), in respect of packaging and packaging material

put on the market between 1 January 2006 and 31 December

2006, and thereafter the information shall be provided by 31

March each year in respect of the packaging and packaging

material which has been put on the market during the

immediately preceding year.".

€0.36