227 tal-2017

L.N. 227 of 2017

ENVIRONMENT PROTECTION ACT

(CAP. 549)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment No. 2) 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

(Packaging and Packaging Waste) (Amendment No. 2) Regulations,

2017, 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".

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

regulations shall be substituted by the following:-

"(2) 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, 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 and Directive 2015/720/EU of the European Parliament

and of the Council of 29 April 2015 amending Directive 94/62/

EC as regards reducing the consumption of lightweight plastic

carrier bags.".

Regulation 3 of the principal regulations shall be amended

as follows

(a)

immediately after the definition "intentional

introduction" there shall be added the following new definition

" "lightweight plastic carrier bags" means plastic

carrier bags with a wall thickness below 50 microns;";

(b) immediately after the definition "organic recycling"

there shall be added the following new definition

" "oxo-degradable plastic carrier bags" means

plastic carrier bags made of plastic materials that include

additives which catalyse the fragmentation of the plastic

material into micro-fragments;";

(c)

immediately after the definition "packaging waste

recovered or incinerated at waste incineration plants with

energy recovery" there shall be added the following new

definitions

" "plastic" means a polymer within the meaning of

Article 3(5) of Regulation (EC) No 1907/2006 of the

European Parliament and of the Council, to which

additives or other substances may have been added, and

which is capable of functioning as a main structural

component of carrier bags;

"plastic carrier bags" means carrier bags, with or

without handle, made of plastic, which are supplied to

consumers at the point of sale of goods or products;"; and

(d) immediately after the definition "seller" there shall

be added the following new definition

" "very lightweight plastic carrier bags" means

plastic carrier bags with a wall thickness below 15 microns

which are required for hygiene purposes or provided as

primary packaging for loose food when this helps to

prevent food wastage.".

Regulation 10 of the principal regulations shall be Amends

regulation 10 of

amended as follows:-

the principal

regulations.

(a)

immediately after sub-paragraph (v) of paragraph

(b) of sub-regulation (1) there shall be added the following new

sub-paragraph:-

"(vi) the adverse environmental impact of the

excessive consumption of lightweight plastic carrier

bags.";

(b)

immediately after paragraph (f) of sub-regulation (1)

there shall be added the following new paragraph:-

"(g) achieve a sustained reduction in the

consumption of lightweight plastic carrier bags within the

territory of Malta, through the adoption of either or both of

the following

(i) measures ensuring that the annual

consumption level does not exceed 90 lightweight

plastic carrier bags per person by 31 December 2019

and 40 lightweight plastic carrier bags per person by

31 December 2025, or equivalent targets set in

weight;

(ii) instruments ensuring that by 31 December

2018, lightweight plastic carrier bags are not

provided free of charge at the point of sale of goods

or products, unless equally effective instruments are

implemented.

Measures and instruments to be adopted may

include the use of national reduction targets,

economic instruments and marketing restrictions in

derogation from regulation 11 of these Regulations,

provided that these restrictions are proportionate and

non-discriminatory.

Measures may vary depending on the

environmental impact of lightweight plastic carrier

bags when they are recovered or disposed of, their

composting properties, durability or specific

intended use.

Very lightweight plastic carrier bags may be

excluded from these measures.".

In Part B of Schedule 5 of the principal regulations there

shall be added the following new paragraph:-

"Quantity of plastic carrier bags put on the national

market, by weight and by thickness during the specific reporting

€0.27