226 tal-2017

L.N. 226 of 2017

ENVIRONMENT PROTECTION ACT

(CAP. 549)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment) Regulations, 2017

BY VIRTUE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, and by article 38 of the Product

Safety Act, the Minister for the Environment, Sustainable

Development and Climate Change and the Minister for Justice,

Culture and Local Government, in conjunction with the

Parliamentary Secretary for Consumer Protection and Valletta 2018,

after consultation with the Environment and Resources Authority and

the Malta Competition and Consumer Affairs Authority, have made

the following regulations:-

The title of these regulations is the Waste Management Title.

(Packaging and Packaging Waste) Regulations, 2017, and these

regulations shall be read and construed as one with the Waste

Management (Packaging and Packaging Waste) Regulations, S.L. 549. 43

hereinafter referred to as "the principal regulations".

"SCHEDULE 3

Recovery and Recycling Targets

(Regulation 8)

Producers shall take the necessary measures to ensure that in

any year, for the aggregate weight of packaging waste which is

collected by the producers or third parties acting on their behalf

-

not less than 60% of the aggregate weight of packaging

or packaging material put on the market is recovered or

incinerated at waste incineration plants with energy

recovery;

-

a minimum of 55% and a maximum of 80% of the

aggregate weight of packaging or packaging material put

on the market is recovered by way of recycling, and

where appropriate;

a minimum of

(i)

60% by weight for glass packaging or packaging

material, and as appropriate,

(ii)

60% by weight for paper and board packaging or

packaging material, and as appropriate,

(iii)

50% by weight for metals packaging or

packaging material, and as appropriate,

(iv)

22.5% by weight for plastics packaging or

packaging material, and as appropriate,

(v)

15% by weight for wood packaging or packaging

material, put on the market is recovered by way

of recycling.".

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following:-

the principal

regulations.

"2. (1) These regulations bring into effect

the provisions of European Parliament and Council

Directive 94/62/EC of 20 December 1994 on

packaging and packaging waste as amended by

Directive 2004/12/EC of the European Parliament

and of the Council of 11 February 2004 amending

Directive 94/62/EC on packaging and packaging

waste and Directive 2005/20/EC of the European

Parliament and of the Council of 9 March 2005

amending Directive 94/62/EC on packaging and

packaging waste.

(2) The objective of the Directive is to

harmonise national measures concerning the

management of packaging and packaging waste in

order, on the one hand, to prevent any impact

thereof on the environment of all Member States as

well as of third countries or to reduce such impact

thus providing a high level of environmental

protection, and, on the other hand, to ensure the

functioning of the internal market and to avoid

obstacles to trade and distortion and restriction of

competition within the European Union.

(3) These regulations shall apply to all

packaging put 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, with the exception of

regulations 4, 5, 6, 7, 11, 18, 25 and Schedule 2,

shall not apply to

(a)

packaging not intended for

putting on the market in Malta; and

(b) producers putting less than 100

kilograms on the market of packaging or

packaging material in a calendar year.

(4) These regulations provide additional

measures, procedures and guidance to those in the

Waste Regulations, 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.

(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 Regulations.".

"SCHEDULE 5

(Regulation 22)

Information to be contained in an application

for registration or renewal

Part A: Information to be submitted upon registration

Name and address of the producer and where

(i)

the producer is a company, the registered office;

(ii)

the producer is not a company, the principal place

of business.

National identification code of the producer, including

the national tax number and the company number (where

applicable) of the producer

The NACE Code and the employment size of the

company, where applicable

The details of the contact person to whom the competent

authority shall address any communications

Details on the commercial nature of the producer (e.g.

manufacturer, importer or distance seller)

Type of packaging or packaging material put on the

market (back-end store packaging or consumer

packaging)

Information on how the producer meets his/her

responsibilities, either individually or collectively

A signed declaration stating the information provided is

true.

The date of the application for registration.

Part B: Information to be submitted upon renewal

Registration number of the producer and any national

identification code of the producer, including the

national tax number and the company number (where

applicable) of the producer;

The NACE Code and the employment size of the

company, where applicable;

Quantity of packaging or packaging material put on the

national market, by weight and by material during the

specific reporting period in accordance with Table 1 of

Schedule 4;

Quantity, by weight and by material, of collected

packaging waste that has been recycled and recovered

within Malta or shipped within or outside the Union

during the specific reporting period in accordance with

Tables 2 and 3 of Schedule 4;

A signed declaration stating the information provided is

true;

The date of the application for renewal of registration;

An audit report referred to in sub-regulation (7) of

regulation 22;

A statement of compliance referred to in sub-regulation

(9) of regulation 22 in respect of his recovery and

recycling obligations in accordance with regulation 8;

List of Authorised Waste Management Undertakings

used by the producer for the carrying out of the waste

management operations;

An appropriate description of how the data has been

compiled, including any explanation of any estimates

used; and

Proof of reuse, recycling, recovery or incineration at

waste incineration plants with energy recovery as well as

disposal in accordance with regulation 15.".

Regulation 3 of the principal regulations shall be amended

(1)

in sub-regulation (1)

(a) the definition "authorised packaging waste

recovery scheme" shall be substituted by the following

" "authorised packaging waste recovery scheme"

means a scheme authorised by the competent

authority in accordance with these regulations,

whose members for the time being are, by virtue of

these regulations and their membership of that

scheme, exempt from part of these regulations;";

(b) the definition "categories of packaging shall

be substituted by the following

" "categories of packaging" means packaging

made of glass, plastic, paper and board, metal, wood

or any other material;";

(c) immediately after the definition "to convert"

there shall be added the following new definition

" "disposal" shall have the same

meaning as that assigned to it in regulation 4

of the Waste Regulations;";

(d) the definition

"distributor"

shall

be

substituted by the following

" "distributor" means any natural or legal person

in the supply chain, who provides packaging,

packaging material or packaged goods on a

professional basis to the party who is going to use it,

mainly the final retailer or the final consumer. This

definition does not prevent a distributor from being,

at the same time, a producer within the meaning of

the term "producer";";

(e)

the definition "generated packaging waste"

shall be substituted by the following

" "generated packaging waste" means

the amount of packaging that becomes waste

within the meaning of regulation 4 of the

Waste Regulations within the territory of

Malta, after having been used to contain,

protect, handle, deliver and present goods;";

(f) the definition "packaging waste" shall be

substituted by the following

"packaging

waste"

means

any

packaging or packaging material covered by

the definition of waste in the Waste

Regulations,

excluding

production

residues;";

(g) the definition "producer" shall be substituted

by the following

" "producer" means any natural or legal person

who

(a) is established in Malta and

manufactures packaging or packaging material to

be put on the market in Malta;

(b) is established in Malta and puts on

the market of Malta, on a professional basis,

packaging, packaging material or packaged goods,

from a third country or from another EU Member

State;

(c) sells packaging or packaging

material

by

means

of

distance

communication as defined in the Consumer

Rights Regulations directly to consumers in

Malta and is established in another EU

Member State or third country.";

(h) the definition "put on the market" shall be

substituted by the following

" "put on the market" means any supply of

packaging, packaging material or packaged goods

for distribution, packing, filling, consumption or use

on the market in Malta for the first time, in the

course of a commercial activity, whether in return for

payment or free of charge;"; and

(2)

sub-regulation (2) thereof shall be substituted the

following

"(2) All other terms shall have the

same meaning as is assigned to them in the

Waste Regulations.".

"SCHEDULE 6

(Regulation 20)

Public Register

The following information shall be contained in the register in

relation to a producer whose application for registration has

been processed by the competent authority under regulation 21.

Name of the producer and locality from where the

producer operates;

Registration number of the producer;

Information as to whether the producer self-complies or

is a member of an authorised packaging waste recovery

scheme."

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be deleted;

(b) sub-regulation (3) thereof shall be re-numbered as

sub-regulation (2) and the first sentence shall be substituted by

the following

"(2) For the purpose of calculating the targets

referred to in sub-regulation (1), the competent authority

shall consider that:";

(c)

sub-regulation (4) thereof shall be renumbered as

sub-regulation (3) and substituted by the following:-

"(3) In sub-regulation (2), the provisions on

recovery shall apply mutatis mutandis to packaging waste

incinerated at waste incineration plants with energy

recovery.";

(d) sub-regulation (5) thereof shall be renumbered as

sub-regulation (4) and substituted by the following:-

"(4) Packaging waste generated in other Member

States or imported from outside the Union and sent to

Malta for subsequent recovery or incineration at waste

incineration plants with energy recovery within or outside

Malta shall not count for the achievement of the

obligations and targets of sub-regulation (1).";

(e)

sub-regulation (6) thereof shall be renumbered as

sub-regulation (5) and substituted by the following

"(5) Packaging waste exported from Malta shall

only count towards the attainment of the targets set out in

sub-regulation (1) if the exporter can prove that the

shipment of packaging waste is in compliance with

Regulation (EC) No 1013/2006 and that the treatment of

waste took place in conditions that are equivalent to the

requirements of the relevant European environmental

legislation."; and

(f)

sub-regulation (7) thereof shall be deleted.

"SCHEDULE 7

(Regulation 17)

Information to be contained in the quarterly and annual report of an

authorised packaging waste recovery scheme

Part A: Environmental Information on the operations of the

packaging waste recovery scheme

Statement of Compliance with the obligations of these

regulations;

Quantities of packaging or packaging material put on the

national market by the producers who participate in the

Scheme, by weight and by material during the specific

reporting period in accordance with Table 1 of Schedule

4;

Quantities, by weight and by material, of collected

packaging waste that has been recycled and recovered

within Malta or shipped within or outside the Union

during the specific reporting period in accordance with

Tables 2 and 3 of Schedule 4;

Information about concentration levels of heavy metals

such as lead, cadmium, mercury and hexavalent

chromium present in packaging material or packaging

put on the market within the meaning of regulations 5

and 7, and the presence of noxious and other hazardous

substances and materials within the meaning of the third

indent of point 1 of Schedule 2;

Information about packaging waste considered as

hazardous due to contamination by product contents,

within the meaning of the Waste Regulations, , in

particular if it is not suitable for recovery; and

List on information and awareness campaigns carried out

by the Scheme.

Part B: Commercial and other information on the operations of

the packaging waste recovery scheme

List of Producers participating in the Scheme during the

reporting period;

List of Authorised Waste Management Undertakings

used during the reporting period for the carrying out of

the waste management operations involved in the

Scheme;

An appropriate description of how the data has been

compiled, including any explanation of any estimates

used;

A description of any system(s) adopted by the Scheme to

ensure the return of packaging by consumers;

A description of the return, collection and recovery

systems used or set up in accordance with regulation 13;

Proof of reuse, recycling, recovery or incineration at

waste incineration plants with energy recovery as well as

disposal in accordance with regulation 15; and

Details on information and awareness campaigns carried

out by the Scheme.".

(1) Sub-regulation (2) of regulation 10 of the principal

regulations shall be substituted the following:-

"(2) In pursuance of the objectives and measures referred

to in these regulations, the competent authority shall include in

the waste management plans required pursuant to the provisions

of regulation 28 of the Waste Regulations, a specific chapter on

the management of packaging and packaging waste, including

(i) prevention measures taken pursuant to this

regulation; and

(ii) appropriate measures to minimise the

disposal of packaging waste in the form of unsorted

municipal waste to achieve a high level of separate

collection of dry recyclables, including packaging waste.".

"SCHEDULE 8

(Regulations 13 and 21)

Schedule of Fees for a Producer of Packaging or Packaging Material

Part A: Fee for a producer of packaging or packaging material

Category of Activity

Fee (€)

Online Registration for producers of

packaging or packaging material

Manual Registration for producers of

packaging or packaging material

Part B: Additional fee for a self-compliant producer of

packaging or packaging material

A self-compliant producer of packaging or packaging material

who fails to achieve the recovery and recycling targets set out in

regulation 8 during an operational year shall submit an

additional fee calculated as follows:-

A*(55% - B)*C = AF

where:-

"A" is the weight, in tonnes of back-end store packaging or

packaging material put on the market in Malta during the

operational year;

"B" is the rate of back-end store packaging waste recycled by

the self-compliant producer during the operational year

provided that if B is greater than or equal to 55%, AF would be

considered to be equal to zero (0);

"C" is a fee equivalent to:-

-

three hundred and twenty euro (€320) per tonne if "B" is

less than 25%;

-

two hundred and fifty euro (€250) per tonne if "B" is less

than 50% but greater than or equal to 25%; and

-

one hundred and eighty euro (€180) per tonne if "B" is

less than 55% but greater than or equal to 50%.

"AF" is the additional fee for a self-compliant producer who

fails to achieve the recovery and recycling targets.

The additional fee shall be submitted to the competent authority

upon applying to renew his/her registration as a producer of

packaging or packaging material.

All revenue generated under Part B of this Schedule shall be

payable to the Waste Management Fund as established in

regulation 37 of the Waste Regulations, S.L. 549.63".

"SCHEDULE 6

"SCHEDULE 9

(Regulation 21)

Schedule of Fines for a Producer of Packaging or Packaging Material

Any producer who fails to apply for registration in

accordance to sub-regulation (1) shall, on conviction, be

liable to a fine of seven hundred and fifty euro (€750)

per tonne of packaging or packaging material put on the

market from the first putting of packaging or packaging

material on the market until he applies for registration.

Any producer who fails to renew his registration by the

end of the year in accordance to sub-regulation (2) shall,

on conviction, be liable to a fine of seven hundred and

fifty euro (€750) per tonne of packaging or packaging

material put on the market from the beginning of the

year in which he should have renewed until he applies

for renewal.".

Regulation 13 of the principal regulations shall be

substituted by the following

"13. (1) Without prejudice to regulation 16,

producers or third parties acting on their behalf shall,

with respect to packaging waste arising from their

activities, use existing systems or set up systems,

individually or collectively, or both, in accordance with

any existing laws and regulations, to provide for

(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;

(b) the reuse or recovery including

recycling of the packaging and, or packaging waste

collected;

(c)

the use of materials obtained from

recycled packaging waste for the manufacturing of

packaging and other products.

(2) For the purposes of achieving the provisions

of sub-regulations (1), producers or third parties acting

on their behalf shall

(a)

carry out information campaigns,

highlighting the importance of separate collection

of packaging waste, ensuring the correct treatment

of packaging waste;

(b) 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;

(c)

ensure that the facilities referred to in

paragraph (b) are easily identifiable and accessible

by customers;

(d) arrange for the packaging waste

collected to be made available for recycling or

recovery.

(3) Producers or third parties acting on their

behalf shall not dispose of collected packaging waste

without first making it available for reuse or recovery

including recycling.

(4) The systems referred to in sub-regulation (1)

shall be open to the participation of the economic

operators of the sectors concerned and to the

participation of the public authorities under non-

discriminatory conditions. They shall be designed so as

to avoid any barriers to trade or distortions of

competition in conformity with the relevant regulations.

(5) For measures referred to sub-regulation (1),

producers shall 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 technical

characteristics of the packed goods and materials used;

and the protection of industrial and commercial property

rights.

(6) Those producers who opt to self-comply for

the ‘back-end store’ packaging or packaging material

shall ensure that packaging waste arising on their

premises undergoes proper treatment, necessary for the

achievement of the recovery and recycling targets set out

in regulation 8.

With prejudice to regulation 28, a self-compliant

producer who fails to achieve the recovery and recycling

targets set out in regulation 8 shall submit to the

competent authority an additional fee as prescribed in

Part B of Schedule 8

Provided that until the producer submits to the

competent authority the additional fee as prescribed in

Part B of Schedule 8 he shall not be deemed to have

renewed his registration in accordance with regulation

21(2).

(7) An authorised packaging waste recovery

scheme shall finance any systems set up for the

collection, treatment, recovery and environmentally

sound disposal of consumer packaging waste generated

from households and other sources

Provided that an authorised packaging waste

recovery scheme shall make the necessary arrangements

with Local Councils for the

(i)

door-to-door collection of consumer

packaging waste; and

(ii) provision of bring-in sites for the

separate collection, by categories, of consumer

packaging waste. For the purposes of bring-in sites

under this provision, separate collection shall not

include co-mingled collection in accordance to the

definition of co-mingled collection in regulation 4

of the Waste Regulations.

Further provided that should authorised

packaging waste recovery schemes fail to reach an

agreement with particular Local Councils, the

competent authority shall allocate those Local

Councils without arrangements amongst authorised

packaging waste recovery schemes on the basis of

the average weight of packaging or packaging

material put on the market by schemes and the

actual demographics of those Local Councils

without arrangements.".

"SCHEDULE 10

(Regulation 24)

Information to be submitted on applying for an authorisation to

operate a packaging waste recovery scheme

Part A: Information to be included in an application for

registration of a scheme

The name of the Scheme;

The name of the operator and, where the operator is a

partnership, the names of all the partners;

The address and telephone number of the registered

office of the operator or, if not a company, the main

place of business of the operator, and, if more than one,

all the operators; and

A signed declaration stating the information provided is

true.

Part B: Information to be contained in the work plan to operate

a packaging waste recovery scheme

A copy of the Memorandum and Articles of Association;

A copy of the Certificate of Registration issued by the

Registry of Companies, where applicable;

A business and financial plan in relation to the proposed

scheme;

Quality Control and Quality Assurance measures to be

adopted by the proposed scheme;

Administrative measures to be adopted to ensure

effective control of the process;

A copy of the rules of membership of the packaging

waste recovery scheme together with details of the

membership fee structure;

Proposals for the certification of producers for the

purpose of regulation 16;

A description of the type of packaging waste to be

handled and incorporated in the scheme;

Information on the projected quantities and weights of

packaging waste to be handled by the scheme;

Annual packaging waste recovery and recycling targets,

including material specific recycling targets, to be

achieved by the proposed scheme;

Details of any system to be adopted in order to ensure

the return of packaging by end-users;

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;

Information on the waste management undertakings that

would be required for the scheme to operate;

-

Proposals on how the level of recovery and recycling of

packaging waste under the proposed scheme will be

determined and verified, including estimations and

assumptions to be made in this process;

-

Proposals of how the information under the provisions of

these regulations will be compiled and made available to

the competent authority;

-

Public awareness campaigns to be carried out by the

proposed scheme;

-

Projected date of commencement for the activity;

-

Any other relevant information as required by these

regulations or as requested by the competent authority.".

Regulation 14 of the principal regulations shall be Substitutes

substituted by the following

"SCHEDULE 11

(Regulation 24)

Schedule of Fees for an authorised packaging waste recovery

scheme

Part A: Fee for an authorised packaging waste recovery scheme

The fee which is to be paid by a packaging waste recovery

scheme upon being granted a authorisation or upon being

granted a renewal of its authorisation according to regulation 24

is calculated as follows:-

A*B = SF

where:-

"A" is the number of registered producers participating in the

scheme;

"B" is a fee of ten euro (€10) to be charged for each registered

producer participating in the scheme;

"SF" is the scheme fee.

The fee shall be submitted to the competent authority within six

(6) months of the issuance of the authorisation or its renewal.

Part B: Additional fee for an authorised packaging waste

recovery scheme

A packaging waste recovery scheme that fails to achieve the

recovery and recycling targets set out in regulation 8 during an

operational year shall submit an additional fee calculated as

follows:-

A*(55% - B)*C = SAF

where:-

"A" is the total weight, in tonnes of packaging or packaging

material put on the market in Malta by its members during the

operational year;

"B" is the rate of total packaging waste recycled by the Scheme

during the operational year provided that if B is greater than or

equal to 55%, SAF would be considered to be equal to zero (0);

"C" is a fee equivalent to:-

one hundred euro (€100) per tonne if "B" is less than 25%;

seventy-five euro (€75) per tonne if "B" is less than 50% but

greater than or equal to 25%; and

fifty-five euro (€55) per tonne if "B" is less than 55% but greater

than or equal to 50%.

"SAF" is the additional fee for an authorised packaging waste

recovery scheme that fails to achieve the recovery and recycling

targets.

The additional fee shall be submitted to the competent authority

within six (6) months from the termination of the operational

year.

All revenue generated under this Schedule shall be payable to

the Waste Management Fund as established in regulation 37 of

the Waste Regulations, S.L. 549.63.".

"SCHEDULE 12

(Regulations 17 and 22)

Information in the statement of compliance

-

The information to be contained in a statement of

compliance is:-

The name and address of the approved person who is

issuing and signing the certificate;

The date of the certificate;

The producer in respect of whom the approved person is

issuing the certificate; and

Certification by the approved person as to whether the

relevant producer has complied with his recovery and

recycling obligations."

"SCHEDULE 13

List of authorised signatories

For the purposes of issuing and signing official documentation

including correspondence, the competent authority shall only

accept documentation from a producer or an authorised

packaging waste recovery scheme that is signed by the

following person:-

A natural person, if the producer is a natural person;

A partner, where the producer or an authorised

packaging waste recovery scheme is a partnership;

A director or company secretary of that company, where

the producer or an authorised packaging waste recovery

scheme is a company registered in Malta;

A person who has control or management of the body,

where the producer or an authorised packaging waste

recovery scheme is an unincorporated body;

The president or any other member of the committee of

management, where the producer or an authorised

packaging waste recovery scheme is a co-operative.".

€2.79

(1)

Mingħajr preġudizzju għar-

"Il-ġbir,

trattament u r-

regolament 16, il-produtturi jew terzi li jaġixxu

rimi tal-iskart

tal-ippakkjar.

għan-nom tagħhom għandhom, f’dak li

jirrigwarda l-iskart tal-ippakkjar li jirriżulta

mill-attivitajiet tagħhom, jużaw sistemi eżistenti

jew jistabbilixxu sistemi, individwalment jew

kollettivament, jew it-tnejn, skont kwalunkwe

liġijiet u regolamenti eżistenti, biex jipprovdu

(a)

ir-ritorn u, jew il-ġbir ta’

ppakkjar użat u, jew skart tal-ippakkjar

mingħand il-konsumatur, persuna oħra li

tużah b’mod finali, jew mill-fluss ta’ skart

sabiex jitqiegħed fl-alternattivi tal-

immaniġġar tal-iskart l-aktar xierqa,

sabiex jiġi assigurat li dawn is-sistemi

jkunu miftuħa għall-operaturi ekonomiċi

kollha;

(b)

għall-użu mill-ġdid jew l-

irkupru inkluż ir-riċiklaġġ tal-ippakkjar u,

jew skart tal-ippakkjar miġbur;

(ċ) għall-użu ta’ materjali miġjuba

mill-iskart tal-ippakkjar riċiklat għall-

manifattura tal-ippakkjar jew prodotti

oħra.

(2) Sabiex jinkisbu d-dispożizzjonijiet

tas-subregolament (1), il-produtturi jew terzi li

jaġixxu għan-nom tagħhom għandhom

(a)

iniedu

kampanji

ta’

informazzjoni,

fejn

jenfasizzaw

l-

importanza tal-ġbir separat tal-iskart tal-

ippakkjar, u jiżguraw it-trattament korrett

tal-iskart tal-ippakkjar;

(b) jipprovdu faċilitajiet adegwati

fl-istabbiliment tagħhom jew f’siti jew

stabbilimenti oħra hekk desinjati, fejn l-

iskart tal-ippakkjar ikun jista’ jiġi

depożitat b’xejn mill-konsumatur, u fejn l-

istess skart ikun jista’ jintlaqa’, jiġi mifrud

u maħżun;

(ċ)

jiżguraw li l-faċilitajiet

imsemmija fil-paragrafu (b) ikunu

faċilment identifikabbli u aċċessibbli mill-

konsumaturi;

(d) jagħmlu dawk l-arranġamenti

meħtieġa biex l-iskart tal-ippakkjar miġbur

ikun magħmul disponibbli għar-riċiklaġġ

jew l-irkupru.

(3) Il-produtturi jew terzi li jaġixxu

għan-nom tagħhom m’għandhomx jiddisponu

mill-iskart tal-ippakkjar miġbur mingħajr ma l-

ewwel jagħmlu dan l-iskart disponibbli għall-

użu mill-ġdid jew għall-irkupru li jinkludi r-

riċiklaġġ.

(4)

Is-sistemi

msemmija

fis-

subregolament (1) għandhom ikunu miftuħa

għall-parteċipazzjoni tal-operaturi ekonomiċi

tas-setturi kkonċernati u għall-parteċipazzjoni

tal-awtoritajiet

pubbliċi

mingħajr

ebda

diskriminazzjoni. Dawn għandhom ikunu

mfassla b’mod li jevitaw kwalunkwe ostakolu

għall-kummerċ jew distorsjoni fil-kompetizzjoni

skont ir-regolamenti rilevanti.

(5) Għall-miżuri

msemmija

fis-

subregolament (1), il-produtturi għandhom

jieħdu inkonsiderazzjoni, b’mod partikolari, ir-

rekwiżiti tal-ħarsien tal-ambjent u tas-saħħa, is-

sigurtà u l-iġjene tal-konsumatur, il-protezzjoni

tal-kwalità, l-awtentiċità u l-karatteristiċi tekniċi

tal-prodotti ppakkjati u tal-materjal użat; u l-

protezzjoni tad-drittijiet tal-proprjetà industrijali

u kummerċjali.

(6) Dawk il-produtturi li jagħżlu li jkunu

awto-konformi għall-pakkjar ta’ maħżen back-

end għandhom jiżguraw li l-iskart tal-ippakkjar

li jinħoloq fl-istabbiliment tagħhom jiġi ttrattat

kif xieraq, kif meħtieġ għall-kisba tal-miri ta’

rkupru u ta’ riċiklaġġ stipulati fir-regolament 8.

Mingħajr

preġudizzju

għar-

regolament 28, produttur awto-konformi li ma

jirnexxilux jilħaq il-miri ta’ rkupru u ta’

riċiklaġġ stipulati fir-regolament 8 għandu

jħallas

miżata

addizzjonali

lill-awtorità

kompetenti kif preskritt fil-Parti B tal-Iskeda 8

Sakemm il-produttur jissottometti

lill-awtorità kompetenti l-miżata addizzjonali

kif preskritt fil-Parti B tal-Iskeda 8 mhuwiex ser

jitqies li ġedded ir-reġistrazzjoni tiegħu skont ir-

regolament 21(2).

(7) Skema awtorizzata ta’ rkupru tal-

iskart

tal-ippakkjar

għandha

tiffinanzja

kwalunkwe sistema stabbilita għall-ġbir, it-

trattament, l-irkupru u r-rimi li ma jagħmilx

ħsara lill-ambjent ta’ skart tal-ippakkjar tal-

konsumatur iġġenerat mid-djar u sorsi oħrajn

Iżda li skema awtorizzata ta’ rkupru

tal-iskart tal-ippakkjar tagħmel l-arranġamenti

meħtieġa mal-Kunsilli Lokali għall-

(i)

ġbir bieb bieb tal-iskart tal-

ippakkjar tal-konsumatur; u

(ii)

provvediment ta’ bring-in sites

għall-ġbir separat, skont il-kategoriji, ta’

skart tal-ippakkjar tal-konsumaturi. Għall-

fini tal-bring-in sites imsemmija f’dan il-

provvediment, ġbir separat m’għandux

jinkludi ġbir imħallat skont it-tifsira ta’

ġbir imħallat fir-regolament 4 tar-

Regolamenti dwar l-Iskart.

Iżda ukoll li meta l-iskemi

awtorizzati ta’ rkupru tal-iskart tal-ippakkjar

jonqsu milli jaslu għal qbil ma’ Kunsilli Lokali

partikolari, l-awtorità kompetenti għandha

talloka lil dawk il-Kunsilli Lokali mingħajr

arranġamenti fost l-iskemi awtorizzati ta’ rkupru

ta’ skart tal-ippakkjar fuq il-bażi tal-piż medju

tal-ippakkjar jew tal-materjal tal-ippakkjar

imqiegħed fis-suq mill-iskemi u d-demografiċi

attwali ta’ dawk il-Kunsilli Lokali mingħajr

arranġamenti.".

7. Ir-regolament 14 tar-regolamenti prinċipali għandu jiġi Jissostitwixxi r-

regolament 14

sostitwit b’dan li ġej

tar-regolamenti

prinċipali.

(1) The competent authority shall

conduct a packaging waste characterisation survey,

determining the nature and the percentage (%)

breakdown of the packaging waste in household waste

and waste other than household waste.

(2) The survey referred to in sub-regulation (1)

shall be conducted periodically every three (3) to five

(5) years.

(3) The outcome(s) of the packaging waste

characterisation survey referred to in sub-regulation

(1) shall be applied by producers and authorised

packaging waste recovery scheme(s) for the purposes

of calculating the actual rates of packaging waste

recovered and recycled according to regulation 8.".

8. Regulation 15 of the principal regulations shall be Substitutes

substituted by the following

(1) For packaging waste treated in Malta,

it shall be the duty of the producers or third parties

acting on their behalf to acquire a signed declaration

from local waste management undertakings or

establishments, authorised by the competent authority

according to the Waste Regulations indicating

(a)

the actual rate that has been

recovered and/or recycled by the facility;

(b) that the packaging waste has been

recovered or disposed of in an environmentally

sound manner.

(2) For packaging waste exported for further

treatment, it shall be the duty of the producers or third

parties acting on their behalf to acquire a signed

declaration issued by the foreign facility recovering

and/or recycling the packaging waste indicating

(a)

the actual rate that has been

recovered and/or recycled by the facility in the

Member State or third country;

(b) that the packaging waste has been

recovered or disposed of in an environmentally

sound manner.

(3) Without prejudice to commercial and

industrial confidentiality, if producers or third parties

acting on their behalf engage the services of an

authorised waste management undertaking or

establishment to export packaging waste for further

treatment, then such undertaking or establishment is to

provide the information referred to in sub-regulation

(2) to the producers or third parties acting on their

behalf.

(4) Packaging waste treated locally or abroad

shall only count towards the fulfilment of the recovery

and recycling targets set out in regulation 8, if

producers or third parties acting on their behalf present

the proof of recovery and/or recycling referred to in

sub-regulations (1) and (2) to the competent

authority.".

9. Regulation 16 of the principal regulations shall be

substituted by the following

"16. (1)A producer is exempt from part of these

regulations provided he is a member of an authorised packaging

waste recovery scheme.

(2) For the purposes of achieving the objectives of these

regulations, producers are obliged to join a packaging waste

recovery scheme duly authorized by the competent authority for

all consumer packaging.

(3) Producers can opt to be self-compliant for all

packaging remaining at the back-end store. 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 or

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

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

authorised packaging waste recovery scheme for the ‘back-end

store’ packaging or packaging material, they should do so for all

packaging waste streams.

(5) A producer, who opts to participate in an authorised

packaging waste recovery scheme, shall upon request by the

competent authority submit a copy of the signed agreement with

the operator of the authorised packaging waste recovery

scheme.".

10. Regulation 17 of the principal regulations shall be Substitutes

regulation 17 of

substituted by the following

the principal

regulations.

(1) The operator of a packaging waste

"Operation of a

packaging waste

recovery scheme, authorised according to regulation

recovery scheme.

24 shall

(a)

Bind himself to carry out the

activities agreed to and on behalf of the producer

in accordance with any existing laws and

regulations, as well as all the conditions in the

authorisation issued by the competent authority;

(b) Provide the competent authority by

31 March of each year with the required

information in respect of packaging or packaging

material put on the market by each producer

participating in the scheme, in the previous year;

(c)

Provide the competent authority a

statement of compliance by 31 March each year

in respect of the recovery and recycling

obligations in accordance with regulation 8 of

these regulations. The provisions of Schedule 12

shall apply as regards the information to be

contained in a statement of compliance.

The information referred to in paragraphs (b) and

(c) shall be issued and signed by any of the authorised

signatories referred to in Schedule 13.

(2) The authorised packaging waste recovery

scheme shall submit quarterly reports to the competent

authority within forty (40) working days following the

end of that period, whereas annual reports shall be

submitted to the competent authority within six (6)

calendar months of the closing of the year.

The quarterly and annual reports shall contain at

least the information set out in Part A and Part B of

Schedule 7 together with any other information as

specified in the authorisation issued by the competent

authority.

The quarterly and annual reports shall be issued

and signed by any of the authorised signatories

referred to in Schedule 13.

(3) Without prejudice to commercial and

industrial confidentiality, a copy of the quarterly and

annual reports referred to in sub-regulation (2) shall be

made available in accordance with the Act

Provided that only the information relating to

Part A of Schedule 7 shall be made available.

(4) An authorised packaging waste recovery

scheme shall use the services of an independent

auditor, approved in accordance with the Act, to

certify all of the information reported to the competent

authority. The auditor shall be required to certify that

all the information reported is in conformity with the

obligations of these regulations and is as specified in

the authorisation issued by the competent authority.

Furthermore, the authorised packaging waste

recovery scheme shall ensure that a sound auditing

procedure for traceability, monitoring and control is

put into place for all the packaging waste managed.

(5) The authorised packaging waste recovery

scheme shall submit the audit report referred to in sub-

regulation (4) together with the annual report referred

to in sub-regulation (2).

(6) It shall be the responsibility of an authorised

packaging waste recovery scheme to retain for a

minimum of five (5) years the information referred to

in sub-regulations (1) and (2). Such records shall be

made available on request to the competent authority.".

11. Sub-regulation (1) of regulation 18 of the principal Amends

regulation 18 of

regulations shall be substituted the following:-

the principal

regulations.

" (1) Producers shall ensure that the nature of any

packaging material used is indicated on the packaging on the

basis of Commission Decision 97/129/EC for the purposes of its

identification and classification in order to facilitate the

collection, reuse and recovery including recycling of packaging

waste.".

12. Sub-regulation (2) of regulation 20 of the principal Amends

regulation 20 of

regulations shall be substituted by the following:-

the principal

regulations.

"(2) The competent authority shall ensure that the

register of producers is publicly available free of charge and

shall be uploaded online on its website.".

13. Regulation 21 of the principal regulations shall be Substitutes

regulation 21 of

substituted by the following

the principal

regulations.

"21. (1)Producers shall, during the calendar year of

putting packaging or packaging material on the market for the

first time within the territory of Malta, apply to be registered

with the competent authority and shall be provided with a

registration number upon registration

Producers shall make the registration number clearly

visible on their invoices and fiscal receipts.

(2) Producer registered under sub-regulation (1) shall

renew their registration on an annual basis with the competent

authority by the 31 st March of each year

Provided that as from 1 April of each year the competent

authority shall accept renewals until the end of the year at an

additional fee of seventy euro (€70) per month or part thereof of

the fee/s prescribed in Part A of Schedule 8.

(3) An application for registration or renewal by a

producer shall

(a)

be made either online or in writing;

(b) be signed by any of the authorised signatories

referred to in Schedule 13; and

(c) be accompanied by a fee as prescribed in Part

A of Schedule 8.

(4) A producer shall not be deemed to be registered or

to have renewed his registration until an acknowledgement

notice is issued by the competent authority, approving the

producer’s application for registration or renewal.

The competent authority shall issue the acknowledgement

notice within

(a) one (1) month of the date of receipt of an

application for registration or renewal; or

(b) one (1) month after the date of receipt of

further information or particulars requested by the

competent authority in relation to such application,

whichever is the later.

(5) Where a producer ceases to put packaging or

packaging material on the market, the producer shall apply for

deregistration with the competent authority the following year

of his ceasing to do so.

An application for deregistration shall be signed by any of

the authorised signatories referred to in Schedule 13.

(6) Without prejudice to the obligations and liabilities

of the person applying for deregistration relating to the time

when the person was a registered producer, the competent

authority shall terminate a person’s registration with effect from

the last day of the year during which such person ceased to be

liable to be registered, and shall notify that person in writing

Provided that any pending information is submitted

by the person to the competent authority upon applying for de-

registration according to sub-regulation (5).

(7) Without prejudice to regulation 28, any producer

who either fails to apply for registration in accordance to sub-

regulation (1) or who fails to renew his registration by the end

of the year in accordance to sub-regulation (2) shall, on

conviction, be liable to a fine as prescribed in Schedule 9.".

14. Regulation 22 of the principal regulations shall be

substituted by the following

"22. (1)An application for registration by producers shall

contain the information set out in Part A of Schedule 5 and that

for renewal shall contain at least the reporting information set

out in Part B of Schedule 5.

Furthermore, self-compliant producers shall not later than

one (1) month of submitting an application for registration

prepare a three-year implementation plan specifying the steps to

be taken by the said producer in order to comply with the

requirements of these regulations, including the steps which the

producer intends to take to prevent or minimise packaging

waste.

Where the three-year implementation plan expires, a self-

compliant producer shall not later than one (1) month of

submitting an application for renewal provide to the competent

authority a revised version of the three-year implementation

work plan.

The competent authority shall specify the format in which

such information is to be made available and shall issue

guidance concerning the presentation, structure and content of

the three-year implementation plan.

(2) In the case the data submitted by the producer in

accordance with Schedule 5 changes, the said producer shall

inform the competent authority thereof no later than one month

after the change.

(3) The information referred to in sub-regulation (1)

shall be provided either online or in writing and shall be signed

by any of the authorised signatories referred to in Schedule 13.

(4) It shall be the responsibility of a registered producer

to retain for a minimum of five (5) years the information

referred to in sub-regulation (1). Such records shall be made

available on request to the competent authority.

(5) Where a producer fails or refuses to supply a

complete application within one (1) month of the date of a

request by the competent authority for a completed application,

the competent authority shall refuse and return such incomplete

application to the producer.

(6) Without prejudice to commercial and industrial

confidentiality, the information referred to in sub-regulation (1)

shall be made available in accordance with the Act.

(7) A self-compliant producer shall use the services of

an independent auditor, approved in accordance with the Act, to

certify that all of the information reported to the competent

authority is in conformity with the obligations of these

regulations.

Furthermore, the self-compliant producer shall ensure that

a sound auditing procedure for traceability, monitoring and

control is put into place for all the packaging waste managed.

A self-compliant producer is exempt from such provision

provided that

The said producer provides evidence of participating in a

certified environmental management system(s) in accordance

with international or European Union standards.

And further provided he fulfils any requirements that the

competent authority may introduce in relation to such

exemption.

(8) Self-compliant producers shall submit the audit

report referred to in sub-regulation (7) upon applying to renew

their registration according to 21(2) together with the

information referred to in sub-regulation (1).

(9) A self-compliant producer shall submit to the

competent authority a statement of compliance in respect of his

recovery and recycling obligations in accordance with

regulation 8, upon applying to renew his registration according

to regulation 21(2).

The provisions of Schedule 12 shall apply as regards the

information to be contained in a statement of compliance.

Furthermore, the statement of compliance shall be issued and

signed by any of the authorised signatories referred to in

Schedule 13.

(10) Producers or third parties acting on their behalf may

provide, on a voluntary basis, such further data on packaging

and packaging waste as is available. Such data may include the

following

(a) data on production, exports and imports of

empty packaging;

(b)

data on reusable packaging; and

(c) specific sub-fractions of packaging such as

composite packaging.

(11) The competent authority may take into account the

particular problems of small and medium sized enterprises in

providing detailed data.".

15. Regulation 24 of the principal regulations shall be Substitutes

substituted by the following

(1) Without prejudice to the Waste

Regulations, 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 authorisation from the competent authority.

(2) An application for an authorisation under

sub-regulation (1) shall

(a)

be made in writing;

(b) contain the information set out in

Part A of Schedule 10;

(c)

be signed by any of the authorised

signatories referred to in Schedule 13;

(d) be accompanied by a non-refundable

fee of five hundred euro (€500); and

(e)

be accompanied by a work plan

providing the information referred to in Part B of

Schedule 10 and to the satisfaction of the

competent authority.".

(3) The competent authority may specify the

format in which the work plan referred to in sub-

regulation (2) is to be made available.

(4) An authorisation to operate a packaging

waste recovery scheme shall be processed in

accordance with the Act.

An authorisation granted by the competent

authority shall be subject to conditions included in the

authorisation, inter alia, the requirement that the

services offered by an authorised packaging waste

recovery scheme shall be

(i)

open to the participation of all

producers under non-discriminatory conditions

and such participation shall not be refused or

revoked without reasonable justification; and

(ii) designed so as to avoid any barriers

to trade or distortions of competition in

conformity with the relevant regulations.

(5) An authorisation granted by the competent

authority under these regulations shall be valid for a

period of time determined in the authorisation itself.

Such period shall in no case exceed three (3) years.

(6) Where it appears to the competent authority

that an authorised packaging waste recovery scheme is

in breach of any conditions of its authorisation, or that

relevant packaging waste recovery and recycling

targets, including material specific recycling targets,

have not been or are not being met, the competent

authority may by a decision revoke or modify an

authorisation granted under this regulation.

Where the competent authority proposes to

revoke or modify an authorisation granted under this

regulation, the competent authority shall give notice in

writing to the authorised packaging waste recovery

scheme of the proposed decision and the reasons

thereof.

(7) Where an authorisation granted under sub-

regulation (4) is due to expire, an authorised

packaging waste recovery scheme that wants to

continue to operate as an authorised packaging waste

recovery scheme shall, not later than one (1) month

before the expiry of the authorisation

(a)

make an application to the competent

authority to renew the authorisation granted

under sub-regulation (4);

(b) provide to the competent authority a

revised version of the work plan for the operation

of the scheme that complies with Part B of

Schedule 10, signed by any of the authorised

signatories referred to in Schedule 13.

(8) The renewal of the authorisation to operate

a packaging waste recovery scheme shall be approved

where the competent authority is satisfied as to the

contents of the revised version of the work plan

provided as required by sub-regulation (7)(b).

(9) A packaging waste recovery scheme that

has been granted an authorisation according to sub-

regulation (4) and (8) is to be charged a fee as

prescribed in Part A of Schedule 11.

(10) With prejudice to regulation 28, an

authorised packaging waste recovery scheme that fails

to achieve the recovery and recycling targets set out in

regulation 8 shall submit to the competent authority an

additional fee as prescribed in Part B of Schedule 11.

The competent authority shall revoke an

authorisation granted under this regulation if the

packaging waste recovery scheme refuses to submit

the additional fee.".

16. Regulation 25 of the principal regulations shall be Substitutes

substituted by the following

(1) A registered producer who during the

course of his activity puts less than 100kgs on the

market of packaging or packaging material in a

calendar year shall

(i)

not apply for renewal as a producer

of packaging or packaging material;

(ii) inform the competent authority that

he is putting less than 100kgs on the market of

packaging or packaging material, provided that

the communication is issued and signed by any

of the authorised signatories referred to in

Schedule 13;

(iii) retain for a minimum of three (3)

years the information referred to in regulation

22(1); and

(iv) remain responsible for fulfilling his

obligations relating to the time when the

producer was putting more than 100kgs on the

market of packaging or packaging material.

(2) The competent authority shall terminate the

registration of the producer referred to in sub-

regulation (1) after three (3) calendar years

Provided that any producer referred to in

sub-regulation (1) shall apply for renewal as a

producer of packaging or packaging material if he puts

more than 100kgs on the market of packaging or

packaging material within those three (3) years.".

17. Schedule 3 of the principal regulations shall be substituted

by Schedule 1 to these regulations.

18. Schedule 5 of the principal regulations shall be substituted

by Schedule 2 to these regulations.

19. Schedule 6 of the principal regulations shall be substituted

by Schedule 3 to these regulations.

20. Immediately after Schedule 6 of the principal regulations

there shall be added Schedules 4, 5, 6, 7, 8, 9 and 10 to these

regulations.

21. The Schedules annexed to these regulations are being

published in the English language only by virtue of article 54(3) of the

Act.