444 tal-2014 - Regolamenti tal-2014 li jemendaw ir-Regolamenti dwar l-Ippakkjar u l-Iskart tal-Ippakkjar fil-Maniġġar tal-Iskart

L.N. 444 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment) Regulations, 2014

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 Sustainable Development,

the Environment and Climate Change and the Minister for Social

Dialogue, Consumer Affairs and Civil Liberties have made the

following regulations:-

(1) The title of these regulations is the Waste

Management (Packaging and Packaging Waste) (Amendment)

Regulations, 2014, 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".

(2) These regulations shall come into force on 1st January

2015.

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

regulations for 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." there

shall be substituted the following

"These regulations, with the exception of regulations 4, 5,

6, 7, 11, 18, and Schedule 2, shall not apply to

(a) packaging not intended for putting on the

market in Malta; and

(b) producers putting less than 100kgs on the

market of packaging or packaging material.".

Regulation 3 of the principal regulations shall be amended

as follows

(a)

immediately after the definition "authorised waste

management undertaking", there shall be added the following

new definition

" "back-end store packaging" means any packaging

or packaging material that remains at the warehouse, store

or manufacturing facility, including that at the distributor’s

end. In the case of distributors, the packaging and

packaging material remaining at their end, excluding

‘consumer packaging’, shall also be considered to be

‘back-end store’ packaging for which the producer can opt

to be self-compliant. This may include outer boxes, pallets,

shrink-wrap, metal straps, production scraps, etc.;";

(b) immediately after the definition "composite

packaging", there shall be added the following new definition

" "consumer packaging" means any packaging or

packaging material that is sold with or without the product

and ends at the final retailer or final consumer, for

example, bottles, carton boxes, jars etc.; which consumer

packaging waste is collected from the end users through

systems which are in place;";

(c)

immediately after the definition "to convert", there

shall be added the following new definition

" "distributor" means any person who provides

packaging or packaging material on a commercial basis to

the party who is going to use it, mainly the final retailer or

the final consumer;".

Immediately after sub-regulation (3) of regulation 13 of Amends

the principal regulations, there shall be added the following new sub- regulation

the principal

regulations

regulations.

"(4) For the purposes of achieving the objectives, and

satisfying the obligations of sub-regulation (1), producers are

obliged to join a packaging waste recovery scheme duly

authorized by the competent authority for all consumer

packaging. Otherwise, producers can opt to be self-compliant

for all packaging remaining at the back-end store.

(5) If the producer opts to self-comply, the producer is

obliged to sign an agreement with the distributor(s) to collect

back the ‘back-end store’ packaging waste.

If no agreement is in place, the ‘back-end store’ packaging

and packaging material would be deemed to be consumer

packaging and packaging material and hence participation in a

packaging waste recovery scheme for all of the packaging and

packaging material at the distributor's end would be required.

(6) In the case of producers who opt to join an

authorised packaging waste recovery scheme for the ‘back-end

store’ packaging and packaging material, they should do so for

all packaging waste streams.

(7) Both packaging waste recovery schemes and self-

compliant producers shall use the services of an independent

auditor (i.e. an auditor who would be eligible for appointment),

approved by the Authority, to certify all of the information

reported to the Authority.

In the case of packaging waste recovery schemes, the

auditor would be required to certify that all the information

reported to the Authority is as specified in the MEPA permit

itself.

In the case of self-compliant producers, the auditor would

be required to certify that all the information reported to the

Authority is in conformity with the obligations of these

regulations.

Both the permit holder of the packaging waste recovery

scheme and self-compliant producers shall ensure that a sound

auditing procedure for traceability, monitoring and control is

put into place for all the packaging waste managed.".

€0.27