Beverage Containers Recycling Regulations, 2020

L.N. 311 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Beverage Containers Recycling Regulations, 2020

IN EXERCISE of the powers conferred by article 54 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change has made the following

regulations:-

PART I

Preliminary

(1) The title of these regulations is the Beverage

Containers Recycling Regulations, 2020.

commencement.

(2) The objective of these regulations is to enhance the circular

economy by making provision for the establishment and operation of a

beverage container refund scheme, enhance the collection and

recycling of beverage containers, increase national recycling efforts,

reduce litter and fulfil the objectives of the Act.

(3) These regulations shall come into force on the 3rd July,

2020, except for regulations 13 to 30 and regulations 33 to 37, both

regulations inclusive, which shall come into force on such date or

dates as the Minister may by notice in the Gazette appoint.

(4) The purpose of these regulations is to implement the

provisions of Directive 94/62/EC of the European Parliament and of

the Council of the 20th December 1994 on packaging and packaging

waste with respect to beverage containers and the provisions of these

regulations and of the Waste Management (Packaging and Packaging

Waste) Regulations shall be applied and interpreted accordingly.

(5) These regulations shall not exempt producers placing

beverages in containers on the market from their obligations under the

Waste Management (Packaging and Packaging Waste) Regulations for

any beverages or beverage containers or other forms of packaging that

are not covered under these regulations.

(1)

In these regulations, unless the context requires

otherwise

"Act" means the Environment Protection Act;

"Agency" means the Resource, Recovery and Recycling Agency

established by virtue of the Resource, Recovery and Recycling Agency S.L. 595. 28.

(Establishment) Order;

"Authority" means the Environment and Resources Authority

established under article 6 of the Act and includes any body or other

person acting on its behalf under powers delegated by the Authority

under the Act;

"barcode" means the global trade item number (GTIN), the

international article number (EAN) or the quick response (QR) code

for the beverage in a beverage container;

"beverage" means any of the beverages listed in the First

Schedule;

"beverage container" means any container of a beverage which

beverage container is of a type listed in the Second Schedule;

"catering establishment" means an establishment providing

hospitality and food services in the territory where beverages in

beverage containers are consumed by consumers on its premises;

"catering undertaking" means any person who makes available

beverages in beverage containers on the market within a catering

establishment;

"Chief Executive" means the chief executive of the Agency,

established by virtue of regulation 6 of the Resource, Recovery and S.L. 595. 28.

Recycling Agency (Establishment) Order;

"clearing centre" means the centre operated by the operator

where collected beverage containers are transmitted from redemption

locations for final receipt and processing for the purposes of recycling;

"collection" means the gathering of empty beverage containers,

including the preliminary sorting and preliminary storage thereof for

the purposes of transport to the clearance centre pursuant to Part III or

to a producer of beverages placing, or intending to place, refillable

containers on the market pursuant to Part IV, and "collected" shall be

interpreted accordingly;

"consumer" means every person who acquires, whether

gratuitously or for a consideration, a beverage in a beverage container

for consumption;

"deposit" means the deposit to be paid upon the purchase of a

beverage in a beverage container imposed pursuant to regulation 15

and regulation 21 respectively, which deposit shall be of a value which

is not less than the value indicated in the Third Schedule;

"distributor" means any person who makes available on the

market beverages in beverage containers on a wholesale level to

another person;

"environmental contribution" means such contribution that a

person is to pay the Agency in line with the polluter pays principle

under these regulations to mitigate damages to the environment;

"licence agreement" means the agreement between the Agency

and the operator pursuant to sub-regulation (4) of regulation 4;

"making available on the market" means any form of supply of a

beverage, in a beverage container for distribution, consumption or use

on the market packed in containers within the territory in the course of

a commercial activity, whether in return for payment or free of charge,

and "make available on the market" shall be interpreted accordingly;

"Minister" means the Minister responsible for the environment;

"operator" means the person licensed by the Agency to operate

the Scheme pursuant to regulation 4;

"placing on the market" means the first making available of a

beverage in a beverage container on the market within the territory,

and "place on the market" shall be interpreted accordingly;

"producer" means any person importing, bottling, canning, or

otherwise filling beverages in beverage containers intended to be

placed on the market in the territory, irrespective of the bottling,

canning, filling or importing technique used, and irrespective of how

the beverage in beverage container is placed on the market, including

(i) placing on the market by means of distance contracts

as defined in regulation 2 of the Consumer Rights Regulations;

and

(ii) placing on the market directly to private households

or to consumers other than private households, including by

means of distance contracts as defined in regulation 2 of the

Consumer Rights Regulations;

"recycling" means the reprocessing in a production process of

beverage containers for the original purpose or for other purposes

including organic recycling but excluding energy recovery;

"redemption location" means a place where beverage containers

are to be returned for collection purposes, as specified in regulation 18,

and includes a location where an RVM is placed;

"refillable container" means a beverage container in relation to

which a system is in place in the territory for its reuse, where the

producer has obtained an exemption from the Scheme in terms of

regulation 19;

"retailer" means any person who makes available on the market

beverages in beverage containers at the retail level to consumers in the

territory, and includes street hawkers, as defined in the Trading S.L. 441. 07.

Licenses Regulations;

"retail establishment" means an establishment operated by a

retailer;

"reuse" means any operation whereby a beverage container,

which has been conceived and designed to accomplish within its life

cycle a minimum number of trips or rotations, is refilled or used for the

same purpose for which it was conceived, with or without the support

of auxiliary products present on the market enabling the beverage

container to be refilled, and such reused beverage container will

become packaging waste when no longer subject to reuse;

"RVM" means an automated reverse vending machine with

compaction which refunds the deposit value to consumers;

"Scheme" means the system set up by Part III for the

establishment and operation of a beverage container refund system;

"single use container" is a beverage container which is not a

refillable container;

"supply chain" means the chain of supply of the beverage from

producer to consumer;

"territory" means Malta as defined in article 124 of the

Constitution of Malta.

(2) Any other term or expression used in these regulations

which is defined in article 2 of the Act shall, unless otherwise

expressly defined in these regulations or the context otherwise

requires, have the same meaning as is assigned to it in the said article 2

of the Act.

PART II

Licence to Operate the Scheme

No person may set up, establish and operate a beverage

container refund system except in accordance with a licence issued in

terms of the provisions of these regulations.

(1) Any application for the grant of a licence shall be

made to the Agency and shall contain such information, documents

and other material as provided in these regulations.

(2) The Agency shall issue a licence to a non-governmental

organisation to operate the Scheme across the whole territory without

limiting those areas to those where the collection is most profitable

Provided that the organisation is a legal person whose

shareholders if a company, its partners if a partnership, its members if

an association, or its founders if a foundation, are, whether directly or

indirectly, producers, and retailers, and where the said shareholders,

partners, members or founders, as the case may be, represent, directly

or indirectly, as a minimum, those producers and retailers that place on

the market the majority of single use beverage containers.

(3) In the absence of there being an organisation pursuant to

sub-regulation (2), the Agency shall exercise all such powers as may

be necessary or expedient, for the purposes of implementing the

Scheme under the provisions of these regulations, to select and issue a

licence to an alternative operator through a competitive bid.

(4) The licence shall provide the operator with the right, and

impose the concomitant obligation, to operate the Scheme, as provided

for in an agreement to be entered into between the Agency and the

operator

Provided that nothing contained in the licence agreement

shall be contrary to these regulations.

(5) Nothing in this regulation shall be interpreted as exempting

the operator from complying with the requirements of any law.

(1) The Agency may suspend a licence for such period as

it may determine, or may revoke, or vary the provisions of, any such

licence.

(2) The powers vested in the Agency in terms of sub-regulation

(1) shall only be exercisable in any of the following circumstances,

where

(a) a material change of circumstances has occurred

substantially effecting the fulfilment of the requirements

stipulated in regulation 4;

(b) the licence agreement is terminated or suspended, as

the case may be, pursuant to its terms; or

(c) the requirements in relation to the licence as

established by regulations 4 and 7 have not been complied with.

(1) Subject to the provisions of these regulations, the Duration and

licence granted by the Agency shall, unless previously renewed or renewal

licence.

revoked, continue to be valid until such time as it is renewed by the

Agency following an inspection.

(2)

The Agency shall establish the period of validity of the

Provided that such period shall not be longer than twelve

(12) years.

(3) Following the inspection mentioned in sub-regulation (1),

the Agency

(a) may renew the licence, with or without modifications,

for such a further period as specified; or

(b) if, having regard to the provisions of these

regulations, it considers it necessary or expedient to do so, may

for serious breach for reasons which shall be given in writing

refuse to renew the licence.

(1)

The licensed operator shall also fulfil the following Responsibilities

of the licensed

obligations

operator.

(a) it is a legal person whose main object is the operation

of the Scheme pursuant to these regulations, and the doing of all

such other things as are incidental or conducive to the attainment

of such object and the carrying out of other activities as may be

authorised by the Agency;

(b) it is run on a not for profit basis, or on a basis where

profit is not intended for distribution;

(c) its management is independent and operates at an

arms’ length basis from its shareholders, partners, members or

founders as the case may be;

(d) it assumes the collective extended producer

responsibility on behalf of producers and retailers of single use

containers; and

(e) it allows for the participation, whether directly or

indirectly, of all producers and retailers in a non-discriminatory

manner, regardless of their origin or size, without placing a

disproportionate regulatory burden on producers, including small

and medium-sized enterprises, of small quantities of products.

(2) It shall be the duty of the operator to notify the Agency

forthwith if it no longer complies with any of the requirements of these

regulations. Whether the operator so notifies the Agency or not, where

the operator no longer complies with any of the requirements listed in

these regulations, the Agency shall by notice inform the operator that it

no longer complies with the provisions of these regulations and, if the

situation is not remedied to the satisfaction of the Agency within a

period of three (3) calendar months from the date that notice is given

to the operator, the Agency shall be entitled to revoke the licence.

(3) It shall also be the duty of the operator to notify the Agency

forthwith of any resolution or intended resolution, or any application

or intended application to the court, or any other action, for the

dissolution and winding up of the operator as soon as it becomes aware

of such resolution or intended resolution, application or intended

application or action.

(4) It shall be the duty of the operator to notify all participants

in the Scheme in the event that a court makes an order that the operator

be wound up or a resolution for a voluntary winding up of the operator

is passed, informing the said participants that their extended producer

responsibility obligations for the beverage containers registered with

the Scheme will not continue to be met by the operator.

(1) Without prejudice to any other function imposed on

the operator in terms of the licence agreement, the operator shall have

the following functions and powers

(a) to maintain and make available a register relating to

the participants of the Scheme;

(b)

to establish and operate a clearing centre;

(c)

to supply and operate RVMs;

(d) to take responsibility of all the collected single use

containers;

(e) to establish and provide the necessary IT solution and

infrastructure to monitor and control the operations of each

redemption location;

(f) to make arrangements for the gathering of single use

containers from the redemption locations to the clearing centre;

(g) to sell all the processed beverage containers as

recyclable material, directly and/or through an authorised entity,

and to provide the Agency with documentation to that effect in

order for the said material to count towards Malta’s recycling

targets;

(h) to carry out procurement in a manner that is

transparent and non-discriminatory;

(i) to establish and provide the necessary solutions and

infrastructure to monitor the Scheme, and to report any

irregularities to the Agency;

(j) to maintain and operate a separate deposit refund

account recording all financial movements of receipts and

payments of the deposits, pursuant to regulation 10; and

(k) to finance and participate in public campaigns

determined by the operator to ensure the success of the Scheme.

(2) Upon return to a redemption location, single use containers

shall become the property of the operator who shall be entitled to keep

the proceeds from the sale of the material from collected single use

containers.

The operator shall be bound to take all measures that are Targets.

necessary to achieve the collection targets set out in the Fifth Schedule

and shall perform their recycling efforts so as to meet as a minimum

the recycling targets as set out in European Union Legislation

applicable from time to time with respect to the type of materials out

of which the beverage containers under these regulations are made.

(1) The operator shall maintain and operate a separate Separate deposit

deposit refund account, recording all financial movements of receipts refund account.

and payments of the deposit by the operator. The deposit value

imposed on every single use container placed on the market and paid

by producers in terms of regulation 15 shall be placed in the deposit

refund account. Refunds of the deposit value in terms of regulation 16

shall be made from the deposit refund account.

(2)

The amount of any unclaimed deposits resulting at the

operator’s financial year end shall be posted as revenue of the operator

provided that

(a) the operator shall firstly make sufficient provision to

satisfy any claims for deposits that may be paid in the future and

for any amounts due to the Agency for the relative financial year;

and

(b) the operator shall utilise the remainder for the better

management and operation of the Scheme.

(1) The operator shall be entitled to establish conditions

for registration and participation in the Scheme by producers,

distributors, retailers and catering undertakings. In so doing, the

operator shall ensure that any condition for participation in the Scheme

is objective, non-discriminatory, fair and reasonable.

(2) The operator shall submit to the Agency any conditions for

registration and participation in the Scheme referred to in sub-

regulation (1), or any changes thereto, for the Agency’s approval

before implementing them, provided that if no reply is received from

the Agency within thirty (30) days of submission, the conditions so

submitted shall be deemed to be approved by the Agency.

(3) The Agency may request the operator that a condition

established in terms of sub-regulations (1) and (2) be amended,

provided that before requesting the operator to change any conditions

as aforesaid, the Agency shall write to the operator informing it of its

objections to any condition so imposed, and grant the operator a period

of not less than thirty days as the Agency may deem appropriate in the

circumstances during which the operator may make its submissions to

the Agency or enter into discussion with the Agency as the case may

be.

(4) The provisions of sub-regulations (2) and (3) shall not be

applicable to the registration fees imposed pursuant to sub-regulations

(3) and (5) of regulation 13, or to the administration fee imposed

pursuant to sub-regulation (4) of regulation 13 and sub-regulation (1)

of regulation 17 or to the handling fee imposed pursuant to sub-

regulation (3) of regulation 18.

(1) For the purpose of enabling the Agency and the

operator to perform their functions under these regulations, and strictly

to the extent required for this purpose, the operator shall share and

exchange information with the Agency, and the Agency and the

operator shall collaborate with one another.

(2)

Without prejudice to the generality of sub-regulation (1),

the operator shall

(a) present its annual management accounts and audited

annual accounts to the Agency on a yearly basis;

(b) present its audited statements for the operation of the

deposit refund account on a yearly basis;

(c) file reports with the Agency on a quarterly basis but

in any case not later than fifteen (15) days from the end of each

quarter with information on aggregate volumes by typology of

single use containers placed on and collected from the market

and the material of the empty beverage containers processed for

recycling;

(d) provide the Agency with information in its possession

which is required by the Agency for the purpose of preparing the

report referred to in regulation 36; and

(e) provide the Agency with detailed information where

this is required for the Agency to enforce the provisions of these

regulations in accordance with the provisions of Part VI

Provided that these reports will be transmitted on standard

forms.

(3) The operator shall transmit information to the Executive

Police, the Commissioner for Revenue, the Director General

(Customs), the Director General (Technical Regulations) and any other

competent authority, as and when this is necessary to ensure

compliance with any law.

PART III

The Scheme

(1) Producers, distributors, retailers and catering Registration.

undertakings making available, or intending to make available, on the

market any beverage container shall register with the licensed operator

and shall register any such beverage container by providing the

licensed operator with all the details that it may require for the

purposes of the operation of the Scheme from time to time including

but not limited to

(a) details of the producer, distributor, retailer or catering

undertaking as applicable; and

(b) in the case of a producer, the barcode and any other

pertinent details for each beverage container placed or being

placed on the market, and any specific markings intended for the

purposes of identification of the beverage container, as well as an

indication of whether the deposit logo referred to in regulation

17 will be affixed to the beverage container

Provided that if a person seeks registration as a

catering undertaking, that person must show to the satisfaction of

the operator that beverages are consumed on the premises

operated by that person. If in the opinion of the operator the

person does not qualify as a catering undertaking and, or a

catering establishment, the operator shall have the authority to

refuse registration as such

Provided further that in the case of refusal of

registration as a catering undertaking as aforesaid, the person

may submit the matter to the Agency. The Agency shall

immediately request the operator to give its reasons for refusing

to register the person as a catering undertaking within a time

period specified by the Agency, which shall in no case be less

than two (2) working days or more than five (5) working days.

The Agency shall decide the matter within thirty (30) days of

submission of the request as aforesaid. The Agency shall notify

the person submitting the request and the operator of its decision.

(2) When registering with the licensed operator in terms of

sub-regulation (1)

(a) a person who operates in the supply chain in more

than one function, shall duly register with the operator for each

function as producer and, or distributor and, or retailer and, or

catering undertaking as the case may be;

(b) a retailer who operates more than one retail

establishment shall register each retail establishment; and

(c) a catering undertaking who operates more than one

catering establishment shall register each catering establishment.

(3) Producers, distributors, retailers and catering undertakings

shall pay the operator registration fees as the operator may, subject to

the provisions of sub-regulation (1) of regulation 11, establish from

time to time. The operator shall be entitled to charge a registration fee

for the registration of the producer, distributor, retailer and catering

undertaking in each function registered, for every retail establishment

and every catering establishment registered, as well as for every

barcode registered with the operator.

(4) The licensed operator may charge producers an

administration fee in respect of each beverage container placed on the

market.

(5) In the event that the shape, material, volume or type of a

beverage container which is registered in terms of regulation 13 is

altered, the producer shall inform the licensed operator of such

alteration before placing the beverage in the altered beverage container

on the market even if the barcode for the beverage remains the same,

and the producer shall provide the operator with all the details it may

require and pay the operator any fee set by the operator from time to

time.

(6) Without prejudice to the provisions of sub-regulation (7),

the producer, distributor, retailer or catering undertaking registered

with the licensed operator in terms of this regulation shall ensure that

the details registered with the operator are correct at all times.

(7) Where a producer registered with the licensed operator

subsequently obtains an exemption from participating in the Scheme in

terms of regulation 19, the producer shall inform the operator

accordingly and the licensed operator shall de-register the producer,

the barcodes and the relative beverage containers.

(8) Where a producer, distributor, retailer or catering

undertaking intends to stop its operations in the market for beverages,

or where a producer intends to stop placing on the market particular

beverages, it shall inform the licensed operator accordingly.

(9) Any producers, distributors, retailers or catering

undertakings placing and, or making available on the market beverages

sold in beverage containers that fail to comply with the provisions of

this regulation shall be guilty of an offence against these regulations.

(1) Any producer, distributor, retailer or catering Participation.

undertaking registered in terms of regulation 13 shall comply with the

conditions for participation in the Scheme as laid down by the licensed

operator from time to time in accordance with regulation 11.

(2) Without prejudice to the generality of sub-regulation (1),

producers, distributors, retailers and catering undertakings shall be

bound to report to the licensed operator the following information

(a) in the case of producers, the volumes by quantity and

weight by typology of single use containers placed on the

market, with reference to the relevant barcode and any specific

markings;

(b) in the case of retailers and catering undertakings,

upon the request of the licensed operator and if it is necessary for

the proper operation of the Scheme, documentation relating to

the invoicing of beverages in beverage containers and any

related information; and

(c) in the case of producers and distributors, upon the

request of the licensed operator, and if it is necessary for the

proper operation of the Scheme and to the extent so necessary,

the details of the persons to whom beverages in single use

containers are sold, distributed or transferred

Provided that producers, distributors, retailers and

catering undertakings shall be obliged to provide the information

requested in terms of paragraphs (b) and (c) of sub-regulation (2)

within five (5) working days from receipt of the request for

information.

(3) A producer, distributor, retailer or catering undertaking

who fails to comply with the obligations for participation in the

Scheme in terms of sub-regulations (1) and (2) shall be guilty of an

offence against these regulations.

(4) The licensed operator shall provide a registration number to

each producer which is duly registered with it in terms of regulation

13. Producers shall make the registration number clearly visible on

their invoices and fiscal receipts. Producers who fail to comply with

the provisions of this regulation shall be guilty of an offence against

these regulations.

(1) Every single use container made available on the

market shall be subject to the payment of a deposit. The deposit value

shall not be subject to VAT and shall be indicated separately from the

(2) The deposit referred to in sub-regulation (1) shall be

imposed and paid at every stage of the supply chain.

(3) The deposit shall be due by the producer to the licensed

operator upon the producer placing the single use container on the

market. The administration fees, if any, shall be due at the same time.

(4) Producers shall re-claim the full value of the deposit upon

the onward sale of the beverage to their successor in the supply chain,

but shall not have any claim for any portion of the administration fee.

(5) Distributors, retailers and catering undertakings shall pay

the deposit value to their predecessor in the supply chain.

(6) Distributors shall re-claim the value of the deposit from

their successors in the supply chain.

(7) Retailers shall re-claim the value of the deposit from the

consumer who shall be entitled to claim the value of the deposit in

terms of sub-regulation (1) of regulation 16. Catering undertakings

shall only re-claim the value of the deposit from the consumer where

the consumer removes the beverage container away from the catering

establishment.

(8) Catering undertakings shall not charge the amount of the

deposit to the consumer who consumes the beverage at the catering

establishment and leaves the beverage container at the catering

establishment, but shall be entitled to claim the value of the deposit in

terms of regulation 16.

(9) The licensed operator shall refund to the retailers providing

redemption locations the value of the deposits refunded by them on the

return of single use containers, except in those cases where the

redemption location is operated directly by the operator in which case

the value of the deposits shall be refunded directly by the licensed

operator.

(1) Any person, including a consumer, who returns a Refund of

single use container upon which a deposit has been paid shall be deposit value.

entitled to a refund of the deposit value from the redemption location.

The licensed operator may issue instructions from time to time

regarding the return of single use containers, in particular to facilitate

the return of large quantities of single use containers

Provided that no refund shall be due if

(a) the barcode and, or specific markings, if any, of the

empty beverage container is not duly registered with the

operator; or

(b) the barcode, or, if any, the specific markings of the

beverage container or deposit logo is damaged to an extent that

the refund for the empty beverage container cannot be processed;

or

(c) the beverage container is damaged to an extent that

refund for the empty beverage container cannot be processed; or

(d) the empty beverage container contains or is otherwise

contaminated by a substance other than residue of the beverage

or ordinary dust; or

(e) more than twenty-four (24) months have passed since

the beverage container was acquired by the consumer.

(2) Deposits redemption vouchers which, for any reason

whatsoever, are not redeemed within twelve (12) months from the date

of issue shall be posted as revenue of the licensed operator.

(3) Each redemption location shall have a clearly visible and

legible sign containing the information indicated in sub-regulation (1).

The licensed operator shall determine the specifications and the

precise wording of the notice to be displayed for these purposes.

(4) Without prejudice to the generality of the foregoing

provisions, the licensed operator shall issue instructions to catering

undertakings regarding the return of single use containers consumed at

catering establishments, and the refund by the licensed operator of the

deposit paid by the catering undertakings to their predecessor in the

supply chain.

(1) Single use containers shall either have a market-

specific barcode or market-specific markings or a non-market specific

barcode and non-market specific markings, if any. The licensed

operator shall charge producers which opt to use non-market specific

barcodes without any market-specific markings an additional

administration fee for each single use container placed on the market.

(2) Producers placing, or intending to place, single use

containers on the market shall have the option to stamp or affix to

single use containers a deposit logo. The deposit logo shall be

developed by the operator, approved by the Agency, and its use shall

be licensed to producers.

(3) Only producers that are duly registered with the licensed

operator pursuant to regulation 13 may stamp or affix the deposit logo

to their beverage packaging.

(4) Any producer acting in breach of sub-regulations (1) and

(3) shall be guilty of an offence against these regulations.

(1) Each retail establishment shall have a system in place

for the return of single use containers by consumers and, subject to the

provisions of sub-regulation (1) of regulation 16, shall be obliged to

accept the said single use containers and to refund the relative deposit

even if the relative beverage had not been sold by that retail

establishment

Provided that where a retailer operates a manual system for

the return of beverage containers, the retailer shall not be obliged to

accept the return of beverage containers where the barcode indicated

on the beverage container is not the same as the barcode of beverages

sold by that retailer

Provided further that the licensed operator may, where it

deems fit, establish a redemption location to be used by more than one

retail establishment, in which case the retailer shall not be obliged to

have a redemption location on its premises or a manual system for the

return of single use containers

Provided further that catering undertakings shall be obliged

to gather single use containers consumed at catering establishments.

(2) The licensed operator shall decide, on the basis of objective

and non-discriminatory criteria, which system for the return of single

use containers shall be used by each retail establishment and whether

an RVM shall be provided to the retail establishment.

(3) Retailers shall be paid a handling fee by the licensed

operator, as set by the licensed operator on the basis of objective and

non-discriminatory criteria taking into account the type of system used

for the return of beverage containers, developed by an independent

person approved by the Agency. Retailers shall not have a claim for

any handling or similar fees for fulfilling their obligations in terms of

these regulations, except for any fees due to them as aforesaid.

(4) Retailers who operate a manual system for the return of

beverage containers shall not be obliged to accept returns of beverage

containers by consumers or other persons which exceed fifty (50)

beverage containers at any one time.

(5) Any person responsible for events such as festivals,

concerts, markets, fairs, sports events and any other event where

beverages will be sold in single use containers shall have a system in

place for the return of single use containers and shall register with the

licensed operator giving such details about the event as the licensed

operator may require, and the operator shall determine the best method

for collection of empty single use containers at the event in question.

(6) The licensed operator shall be responsible for obtaining any

necessary licenses, authorisations or permits for the placement and

operation of the RVM.

(7) The licensed operator shall make arrangements for the

gathering and delivery of single use containers from retail

establishments and catering establishments to the clearing centre.

(8) No person, other than the licensed operator, may place

RVMs within the territory for use by any producer, distributor, retailer,

catering undertaking or consumer participating in the Scheme.

(9) Any person acting in breach of the provisions of sub-

regulations (1), (2), (3), (5), (7) and (8) shall be guilty of an offence

against these regulations.

PART IV

Refillable Containers

(1) A producer may make a request, in writing, to the

Agency for beverage containers to be exempted from the Scheme.

(2) The Agency shall grant the exemption, and shall issue an

exemption certificate attesting thereto, provided that

(a) the producer registers with the Agency in accordance

with regulation 20;

(b) the Agency is satisfied that the producer has in place

an appropriate system for the collection and reuse of its beverage

containers within the territory which system shall require

consumers to pay a deposit in respect of the beverage container

at the moment of purchase and which deposit is to be returned to

consumers by retailers and, or catering undertakings on the

return of the beverage container at no additional cost to

consumers, in accordance with these regulations;

(c) the producer undertakes to meet all obligations set

out in these regulations with respect to refillable containers and

such conditions as may be imposed by the Agency when granting

the exemption; and

(d) the beverage container has a market-specific barcode

or non-market-specific barcode in accordance with regulation

(1) Il-produtturi li jkunu qegħdin iqiegħdu, jew

beħsiebhom iqiegħdu fis-suq, kwalunkwe xarba f’kontenitur li jista’

jerġa’ jimtela għandhom jirreġistraw mal-Aġenzija u għandhom

jipprovdu lill-Aġenzija d-dettalji kollha li tista’ teħtieġ għall-finijiet

ta’ dawn ir-regolamenti minn żmien għal żmien biex tikkwalifika

għall-eżenzjoni meħtieġa mill-Iskema.

(2) Mar-reġistrazzjoni, il-produttur irid jipprovdi lill-Aġenzija

b’informazzjoni suffiċjenti sabiex l-Aġenzija tiżgura li s-sistema fis-

seħħ għall-kontenituri li jistgħu jerġgħu jimtlew in kwistjoni tkun

adegwata sabiex tilħaq il-miri ta’ riċiklaġġ ta’ Malta.

(3) L-Aġenzija għandha titlob lill-produtturi li jqiegħdu, jew li

beħsiebhom iqiegħdu, fis-suq kwalunkwe xarba f’kontenitur li jista’

jerġa’ jimtela, id-drittijiet tar-reġistrazzjoni applikabbli indikati fir-

Raba’ Skeda.

(4)

Il-produtturi li jqiegħdu kontenituri li jerġgħu jimtlew fis-

suq, li jew ma jkunux għadhom jixtiequ joperaw is-sistema għall-

kontenituri li jerġgħu jimtlew inkwistjoni, jew ma jkunux jixtiequ

aktar li jerġgħu jużaw kontenituri tax-xorb, għandhom jinfurmaw lill-

Aġenzija dwar dan u għandhom jirreġistraw mal-operatur skont ir-

regolament 13.

(5) Kull produttur li jqiegħed fis-suq xarbiet mibjugħa

f’kontenituri li jistgħu jerġgħu jimtlew li jonqos milli jikkonforma

mad-dispożizzjonijiet ta’ dan ir-regolament għandu jkun ħati ta’ reat

kontra dawn ir-regolamenti.

(1) Kull kontenitur li jista’ jerġa’ jimtela li jsir Depożitu għal

disponibbli fis-suq għandu jkun soġġett għall-ħlas tad-depożitu. Il- kontenituri

jerġgħu jimtlew.

valur ta’ depożitu ma għandux ikun soġġett għall-VAT u għandu jkun

indikat b’mod separat mill-prezz fuq l-irċevuti u l-fatturi kollha f’kull

stadju tal-katina tal-provvista.

(2) Produtturi li jqiegħdu kontenituri li jistgħu jerġgħu jimtlew

fis-suq għandhom jimponu l-valur tad-depożitu fuq is-suċċessuri

tagħhom fil-katina ta’ provvista mal-bejgħ sussegwenti tax-xarba.

(3) Id-dispożizzjonijiet tas-subregolamenti (5), (6), (7) u (8)

tar-regolament 15 għandhom japplikaw mutatis mutandis għall-

kontenituri li jistgħu jerġgħu jimtlew.

(4) Il-konsumaturi għandhom ikunu intitolati jitolbu lura l-

valur tad-depożitu mħallas fuq ix-xiri ta’ xarba f’kontenitur li jista’

jerġa’ jimtela mal-ġbir tal-kontenitur li jista’ jerġa’ jimtela mill-

produttur li jkun qiegħed il-kontenitur li jista’ jerġa’ jimtela fis-suq

skont kif l-imsemmi produttur jista’ jidderiġi.

(5) Il-produtturi tal-kontenituri li jistgħu jerġgħu jimtlew

għandhom jieħdu lura l-pussess tal-kontenitur li jista’ jerġa’ jimtela

mal-ġbir tal-kontenitur li jista’ jerġa’ jimtela.

(6) Il-produtturi li jqiegħdu kontenituri li jistgħu jerġgħu

jimtlew fis-suq għandhom iżommu u joperaw kont separat għar-

rifużjoni ta’ depożiti li jirreġistra l-movimenti finanzjarji kollha tal-

irċevuti u l-pagamenti tad-depożiti msemmija. Id-dispożizzjonijiet tas-

subregolament (2) tar-regolament 10 għandhom japplikaw mutatis

mutandis għall-produtturi li jqiegħdu kontenituri li jistgħu jerġgħu

jimtlew fis-suq.

(7) Il-produtturi li jqiegħdu kontenituri li jistgħu jerġgħu

jimtlew fis-suq għandhom jieħdu l-miżuri kollha li huma meħtieġa

sabiex jinkisbu l-miri tal-ġbir stabbiliti fil-Ħames Skeda.

(8)

Kull produttur li jqiegħed kontenituri li jistgħu jerġgħu

jimtlew fis-suq li jonqos milli jikkonforma mad-dispożizzjonijiet ta’

dan ir-regolament għandu jkun ħati ta’ reat kontra dawn ir-

regolamenti.

(1) Il-produtturi li jqiegħdu kontenituri li jistgħu jerġgħu

jimtlew fis-suq għandhom jipprovdu lill-Aġenzija

(a) il-volum aggregat ta’ kontenituri li jistgħu jerġgħu

jimtlew li tqiegħdu fis-suq bil-kwantità, u l-piż skont it-

tipoloġija tal-kontenituri li jistgħu jerġgħu jimtlew;

(b) il-volum aggregat ta’ kontenituri li jistgħu jerġgħu

jimtlew li nġabru mis-suq skont il-kwantità u l-piż skont it-

tipoloġija tal-kontenituri li jistgħu jerġgħu jimtlew;

(ċ) kull informazzjoni oħra kif jista’ jkun meħtieġ mill-

Aġenzija minn żmien għal żmien.

Tali informazzjoni għandha tiġi ppreżentata lill-Aġenzija fuq

bażi trimestrali u fi kwalunkwe każ sa mhux aktar tard minn ħmistax

(15)-il jum mit-tmiem ta’ kull trimestru.

(2) Il-produtturi li jqiegħdu kontenituri li jistgħu jerġgħu

jimtlew

fis-suq

għandhom

ukoll

jipprovdu

lill-Aġenzija

b’informazzjoni fil-pussess tagħhom li tista’ tkun meħtieġa għall-fini

tat-tħejjija tar-rapport imsemmi fir-regolament 36.

(3) Kull produttur li jqiegħed kontenituri li jistgħu jerġgħu

jimtlew fis-suq li ma jikkonformax mad-dispożizzjonijiet tas-

subregolamenti (1) u (2) għandu jkun ħati ta’ reat kontra dawn ir-

regolamenti.

(1) L-Aġenzija għandu jkollha d-dritt li tawditja lill-

produtturi li jqiegħdu kontenituri li jistgħu jerġgħu jimtlew fis-suq u li

tista’, fi kwalunkwe ħin, tirrevoka l-eżenzjoni mogħtija skont ir-

regolament 19 fejn tqis li s-sistema għall-ġbir u l-użu mill-ġdid tal-

kontenituri tax-xorb tagħhom fit-territorju ma tkunx aktar xierqa jew

fejn l-Aġenzija tiddetermina li l-produttur ikun kiser l-obbligi tiegħu

taħt dawn ir-regolamenti.

(2) L-Aġenzija tista’ wkoll tirrevoka l-eżenzjoni mogħtija

skont ir-regolament 19 meta s-sistema għall-ġbir u l-użu mill-ġdid tal-

kontenituri tax-xorb ma tkunx tilħaq il-miri ta’ ġbir mistennija.

(3) Fil-każ li l-Aġenzija tirrevoka l-eżenzjoni mogħtija skont

is-subregolamenti (1) jew (2), il-kontenituri tax-xorb għandhom

jitqiesu bħala kontenituri li jintużaw darba biss, u

(a) il-produttur għandu jirrispetta l-obbligi imposti fuq il-

produtturi ta’ kontenituri li jintużaw darba biss fit-Taqsima III; u

(b) il-kontenituri tax-xorb għandhom ikunu soġġetti

għar-regoli dwar il-kontenituri li jintużaw darba biss fit-Taqsima

III

Iżda kull mira imposta fuq l-imsemmi produttur mill-

Aġenzija ma għandhiex tiġi trasferita fuq l-operatur, u kull penali

imposta fuq l-imsemmi produttur għandha tibqa’ dovuta mill-

istess produttur

Iżda wkoll, il-kontenituri tax-xorb għandhom jiġu

kkunsidrati li jaqgħu fil-miri tal-operatur biss meta ssir

reġistrazzjoni mill-produttur mal-operatur kif provdut fir-

regolament 13.

20. (1) Producers that are placing, or intending to place, on

the market any beverage in a refillable container shall register with the

Agency and shall provide the Agency with all the details that it may

require for the purposes of these regulations from time to time to

qualify for the necessary exemption from the Scheme.

(2) Upon registration, the producer must provide the Agency

with sufficient information for the Agency to ensure that the system in

place for the refillable containers in question is adequate in order to

reach Malta’s recycling targets.

(3) The Agency shall charge producers placing, or intending to

place, on the market any beverage in a refillable container the

applicable registration fee indicated in the Fourth Schedule.

(4) Producers placing refillable containers on the market, who

either no longer wish to operate the system for the refillable containers

in question, or who no longer wish to reuse beverage containers shall

inform the Agency accordingly and shall register with the operator

pursuant to regulation 13.

(5) Any producer placing on the market beverages sold in

refillable containers who fails to comply with the provisions of this

regulation shall be guilty of an offence against these regulations.

21. (1) Every refillable container made available on the Deposit for

market shall be subject to the payment of a deposit. The deposit value refillable

containers.

shall not be subject to VAT and shall be indicated separately from the

(2) Producers who place refillable containers on the market

shall charge the deposit value on the onward sale of the beverage from

their successors in the supply chain.

(3) The provisions of sub-regulations (5), (6), (7) and (8) of

regulation 15 shall apply mutatis mutandis to refillable containers.

(4) Consumers shall be entitled to reclaim the value of the

deposit paid on the purchase of the beverage in a refillable container

upon collection of the refillable container by the producer who placed

the refillable container on the market as the said producer may direct.

(5) Producers of refillable containers shall reclaim ownership

of the refillable container upon collection of the refillable container.

(6) Producers who place refillable containers on the market

shall maintain and operate a separate deposit refund account recording

all financial movements of receipts and payments of the said deposits.

The provisions of sub-regulation (2) of regulation 10 shall apply

mutatis mutandis to the producers who place refillable containers on

the market.

(7) Producers who place refillable containers on the market

shall take all measures that are necessary to achieve the collection

targets set out in the Fifth Schedule.

(8) Any producer placing refillable containers on the market

who fails to comply with any provisions of this regulation shall be

guilty of an offence against these regulations.

22. (1) Producers who place refillable containers on the

market shall supply the Agency with

(a) the aggregate volume of refillable containers that

have been placed on the market by quantity, and weight by

typology of the refillable container;

(b) the aggregate volume of refillable containers

collected from the market by quantity and weight by typology of

refillable container;

(c) any such other information as may be required by the

Agency from time to time.

Such information shall be filed with the Agency on a quarterly

basis but in any case not later than fifteen (15) days from the end of

each quarter.

(2) Producers who place refillable containers on the market

shall also provide the Agency with information in its possession which

may be required for the purpose of preparing the report referred to in

regulation 36.

(3) Every producer who places refillable containers on the

market who does not comply with the provisions of sub-regulations (1)

and (2) shall be guilty of an offence against these regulations.

23. (1) The Agency shall have the right to audit producers

who place refillable containers on the market and may, at any time,

revoke the exemption granted in accordance with regulation 19 where

it considers that the system for the collection and reuse of their

beverage containers within the territory is no longer appropriate or

where the Agency determines that the producer has breached his

obligations under these regulations.

(2) The Agency may also revoke the exemption granted in

accordance with regulation 19 when the system for collection and

reuse of the beverage containers is not meeting the expected collection

targets.

(3) In the event that the Agency revokes the exemption granted

in accordance with sub-regulations (1) or (2), the beverage containers

shall be considered to be single use containers, and

(a) the producer has to abide by the obligations imposed

on producers of single use containers in Part III; and

(b)

the beverage containers shall be subject to the rules

contained in Part III

Provided that any targets imposed on the said

producer by the Agency shall not be transferred to the operator,

and any penalties imposed on the said producer shall continue to

be due by the said producer

Provided further that the beverage containers shall

only be considered within the targets of the operator upon

registration by the producer with the operator as provided for in

regulation 13.

24. (1) Beverages in refillable containers shall have a Deposit logo for

refillable

market-specific barcode or a non-market specific barcode.

containers.

(2) Producers who place refillable containers on the market

shall have the option of stamping or affixing to refillable containers a

deposit logo, which shall be developed by the producer and approved

by the Agency.

(3) Only producers that are duly registered with the Agency

pursuant to regulation 20 may stamp or affix the deposit refund logo to

the refillable container.

(4) Any producer in breach of this regulation shall be guilty of

an offence against these regulations.

PART V

Provisions Applicable to all Beverage Containers

(1) Retailers operating redemption locations and catering Return of

undertakings shall receive the empty beverage containers on behalf of beverage

containers.

the licensed operator or the producer of beverages in refillable

containers, as the case may be, until the beverage container is gathered

by the licensed operator or the producer of beverages in refillable

containers.

(2) Any retailer or catering undertaking acting in breach of the

provisions of sub-regulation (1) shall be guilty of an offence against

these regulations.

(1) A retailer must, in the price indication for the Notices by

beverage, indicate the amount of deposit which has to be paid by the retailers.

consumer separately as well as the total price for the beverage. In the

case of beverages being offered for sale in single units, the price

indication shall indicate the deposit being paid for the beverage

container, whilst in the case of beverages being offered for sale in

multi-packs, the price indication shall indicate the total value of the

deposit being paid for all the beverage containers in the multi-pack.

(2) A retailer shall display a clear and prominent notice in their

retail establishment that there is a separate charge for the deposit and

that the consumer may redeem the deposit refund once the beverage

container is duly returned to a redemption location. The Agency shall

determine the specifications and the precise wording of the notice to

be displayed by retailers for the purposes of this provision.

(3) A retailer which does not comply with the provisions of

sub-regulations (1) or (2) shall be found guilty of an offence against

these regulations.

Producers shall not be obliged to charge a deposit in the

case of beverages released for export.

Where the licensed operator, or any producer, distributor,

retailer or catering undertaking require confirmation as to whether a

beverage or a beverage container falls within the scope of the First

Schedule, the licensed operator, producer, distributor, retailer or

catering undertaking may submit the matter to the Agency, which shall

decide the matter within thirty (30) days of submission thereof. The

Agency shall notify the person submitting the request and the operator

of its decision.

PART VI

Enforcement And Penalties

No person shall place and / or make available beverages in

beverage containers on the market unless he complies with the

provisions of these regulations. Any person acting in breach of this

regulation shall be guilty of an offence against these regulations.

(1) It shall be the duty of the Chief Executive to ensure

that the provisions of these regulations are observed, and to gather

information that may be necessary for him to carry out his functions;

and for such purpose he shall have the power to carry out

investigations of his own motion or at the request of the Minister or

upon a reasonable allegation in writing of a breach of the provisions of

these regulations by a complainant or by the licensed operator.

(2) Where the Agency receives a complaint by the licensed

operator in terms of sub-regulation (1), the Agency shall inform the

licensed operator within seven (7) days whether it intends to act upon

the complaint and the steps it intends to take or has already taken in

this regard.

(3)

During the course of any investigation carried out by the

Agency in accordance with sub-regulation (1), or in order to ensure

compliance with these regulations, without prejudice to the provisions

of regulations 12, 22 and 37 of these regulations, the Chief Executive

shall be empowered to request any specific information and

documentation from any person subject to these regulations, within

such time as in the circumstances the Chief Executive may consider

reasonable

Provided that nothing in this sub-regulation may be

construed as authorising the Chief Executive to order the production of

any document or the disclosure of any information which may be

subject to the duty of professional secrecy.

(4) When sending a request for information in terms of sub-

regulation (3), the Chief Executive shall state the legal basis and

purposes of the request, shall indicate what information is required,

and shall indicate the fines provided for in sub-regulations (2), (3) and

(4) of regulation 31.

(5) Where persons submit information which contains business

secrets or other confidential information they shall clearly identify any

material which they consider to be confidential, giving reasons

therefor, and provide a separate non-confidential version, where

applicable, by the date set by the Chief Executive.

(6) The Chief Executive and, or his officers and, or any other

expert duly authorised by a warrant issued by a Magistrate and, with

the assistance of the Executive Police, may, for the purposes of

ensuring compliance with these regulations, and, or for the purpose of

any investigation under sub-regulation (1) enter into and search any

premises, land or means of transport where the Chief Executive has

reason to believe that information relevant to the investigation may be

found, and in the course of any such search the Chief Executive and, or

his officers, and, or any other expert shall be empowered to

(a)

inspect and examine any object or document and, or;

(b) seize any object or document, or take extracts or

copies of documents and, or;

(c) require any information which is stored in a computer

or any other object or device which is accessible from the

premises, land or means of transport and which the Chief

Executive and, or his officers and, or other experts consider

relevant to the investigation, to be delivered in a form in which it

can be taken away and in which it is visible and legible and, or;

(d) order the non-removal of any object or documents

from any such premises, land or means of transport and, or;

(e) close and seal any or all parts of such premises, land

or means of transport, or put any object under seal and, or;

(f) ask any representative or member of staff of the

person concerned for an explanation of any fact or document

relating to the subject-matter and purpose of the inspection or to

state to the best of their knowledge and belief where the

documents may be found and record the answers and, or;

(g) take any steps which appear to be necessary to

preserve any object or document or to prevent any interference

with such object or document.

(7) The Magistrate, in deciding whether to issue a warrant

under sub-regulation (6) shall ensure that the coercive measures

envisaged are neither arbitrary nor excessive, having regard, in

particular, to the gravity of the suspected infringement, to the

importance of the evidence sought, to the involvement of the person

concerned and to the reasonable likelihood that any object, document

or record relating to the subject-matter of the inspection are kept in the

premises, land or means of transport for which the warrant is

requested

Provided that the Magistrate, in deciding whether to issue a

warrant under sub-regulation (6), may also take into account the

possibility that in the case where it is the Chief Executive who would

request these objects, documents or records, these would not be

produced, but would instead be concealed, removed, tampered with or

destroyed.

(8) The warrant mentioned in sub-regulation (6) shall specify

the subject-matter, purpose of the inspection, the date on which the

inspection is to begin and the nature of the offence and penalties

provided for in regulation 31.

(1) Any person who contravenes the provisions of

regulations 13, 14, 15, 18(1), 20, 21, 25, 29, 38, 39 and 40 shall be

guilty of an offence and shall be liable on conviction to a fine (multa)

of not less than five thousand euro (€5,000) and not more than fifty

thousand euro (€50,000) or to imprisonment not exceeding six (6)

months, or to both such fine and imprisonment.

(2) Any person who makes any declaration as required by these

regulations, which is false, misleading or incorrect in any material

respect, shall be guilty of an offence and shall be liable on conviction

to a fine (multa) of not less than two thousand five hundred euro

(€2,500) and not more than twenty thousand euro (€20,000) or to

imprisonment not exceeding three (3) months, or to both such fine and

imprisonment.

(3) Any person who refuses or fails, without sufficient cause,

to provide any information or documentation required by the Agency

in accordance with sub-regulation (3) of regulation 30, or who,

pursuant to a request for information in accordance with sub-

regulation (3) of regulation 30, provides false, misleading or incorrect

information in any material respect, or who refuses to give access to

the Chief Executive, and, or his officers, and, or any other experts in

accordance with sub-regulation (6) of regulation 30, shall be guilty of

an offence and shall be liable on conviction to a fine (multa) not

exceeding one thousand five hundred euro (€1,500) or to

imprisonment not exceeding three (3) months, or to both such fine and

imprisonment.

(4) Any person guilty of an offence under these regulations,

other than for a breach of an obligation referred to in sub-regulations

(1), (2), or (3) or of regulation 9, shall be liable on conviction to a fine

(multa) not less than two hundred and fifty euro (€250) and not more

than two thousand five hundred euro (€2,500)

Provided that should the licensed operator not meet the

targets specified in regulation 9, such failure would be subject to an

environmental contribution as specified in the licence agreement

which environmental contribution may not exceed two hundred

thousand euro (€200,000).

(5) The court, besides awarding the punishment referred in

accordance with the preceding paragraphs, may order the offender to

comply with his obligations under these regulations within a time

sufficient for the purpose, but in any case not exceeding three (3)

months from the date of the judgment, to be fixed by the court; and,

subject to the provisions of the Act, if the offender fails to comply with

any such order within the time so fixed, he shall be liable to a fine

(multa) of not less than fifty euro (€50) and not more than one hundred

euro (€100), as the court may fix, for every day the default continues

after the expiration of the said time and the court may also order the

modification, suspension or revocation of any authorisation.

(6) In addition to any punishment which the person convicted

of an offence under these regulations may be sentenced, the court may

order the offender to make restitution to the injured party of any

property or proceeds knowingly obtained by fraud or other unlawful

gain to the detriment of such party by or through the offence, or to pay

to such party such sum of money as may be determined by the court as

compensation for any such loss as aforesaid or for any damages caused

to such party by or through the offence, and any such order may

include both a direction to make restitution and, in default, to pay as

aforesaid. The order shall constitute an executive title for all intents

and purposes of the Code of Organization and Civil Procedure

Provided that restitution or compensation under this sub-

regulation shall not lead to over-compensation of the injured party,

whether by means of punitive, multiple or other types of damages.

(7) When issuing an order under sub-regulation (6), the court

may direct that such costs or damages are paid in instalments, in

particular, having regard to any other obligations which the offender

has towards the injured party.

(1) In criminal proceedings instituted by the Executive

Police before the Court of Magistrates for an offence against the

provisions of these regulations, the Chief Executive and any officers of

the Agency so authorised by the Chief Executive may assist the

Executive Police in the conduct of the prosecution and in the

production of the evidence.

(2) The Chief Executive and any officers of the Agency so

authorised by the Chief Executive may, after the conclusion of the

investigation in terms of these regulations, present a report to the

Executive Police and request the Executive Police to take action on the

infringement of these regulations contained therein, and thereafter the

Agency shall be considered a complainant for all the purposes of the

Criminal Code.

(3) The Chief Executive or any officer authorised by him for

the purposes of sub-regulations (1) or (2) may nevertheless be

produced as a witness but should his evidence be required as part of

the case for the prosecution, his evidence shall be heard before that of

any other witness for the prosecution unless the necessity of his

evidence arises subsequently.

(1) Without prejudice to any provisions of these Presence of the

regulations or to any other law, the licensed operator may file a licensed

operator during

complaint with the Executive Police against a producer, distributor, criminal

proceedings.

retailer or catering undertaking for breach of these regulations in

relation to the Scheme, and, where it files the said complaint, the

operator shall be considered as a complainant for all the purposes of

the Criminal Code.

(2) In criminal proceedings instituted by the Executive Police

on the complaint of the licensed operator against a producer,

distributor, retailer or catering undertaking for breach of the provisions

of these regulations relating to the Scheme, it shall be lawful for the

operator to be present at the proceedings, to engage an advocate or a

legal procurator to assist it, to examine or cross-examine witnesses and

to produce, in support of the charge, such other evidence as the court

may consider admissible.

(3) Where the operator is to be heard on oath, such evidence

shall be taken before that of any other witness of the prosecution,

saving the case where, in the opinion of the court, such evidence

becomes necessary even at a later stage of the proceedings, or where

the producer, distributor, retailer or catering undertaking applies for

such evidence at any stage of the proceedings, or where the court sees

fit to vary the course of the taking of the evidence.

(4) In criminal proceedings instituted by the Executive Police

ex officio or at the instance of the Agency against a producer,

distributor, retailer or catering undertaking for breach of the provisions

of these regulations relating to the Scheme, it shall be lawful for the

licensed operator to engage an advocate or a legal procurator to assist

it; such advocate or legal procurator may examine or cross-examine

witnesses, produce evidence or make, in support of the charge, any

other submission which the court may consider admissible.

Notwithstanding the provisions of the Criminal Code or of Prescription.

any other law, criminal action for offences under these regulations is Cap. 9.

prescribed by the lapse of five (5) years.

(1) Where the licensed operator has suffered damage Civil action by

caused by a producer, distributor, retailer or catering undertaking the

operator.

acting in contravention of these regulations the operator shall be

entitled to claim and to obtain full compensation for that damage from

the respective producer, distributor, retailer or catering undertaking,

which action shall be instituted in accordance with the provisions of

the Code of Organization and Civil Procedure.

(2) Full compensation shall place the operator in the position in

which it would have been had the infringement of these regulations not

been committed. It shall therefore cover the right to compensation for

actual loss and for loss of earnings as well as the payment of interest

from the time the damage occurred until the capital sum awarded is

actually paid

Provided that full compensation under this regulation shall

in no case lead to over-compensation of the operator where the court

has ordered the offender to make restitution or compensation in terms

of sub-regulation (6) of regulation 31.

(3) An infringement of these regulations found by a final

decision of the competent court shall be deemed to be irrefutably

established for the purposes of an action for damages brought pursuant

to this regulation.

(4) An action for damages pursuant to this regulation is

prescribed by the lapse of five (5) years. The period of prescription

shall begin to run from the date when the infringement of these

regulations has ceased, and the operator became aware, or can

reasonably be expected to have become aware

(a)

of the behaviour in question;

(b) of the fact that the infringement of these regulations

caused it harm; and

(c)

the identity of the offender.

(5) The period of prescription in sub-regulation (4) shall be

suspended where the Agency takes action for the purpose of

investigating the infringement of these regulations to which the action

for damages relates or where there are criminal proceedings in front of

the Court of Magistrates in respect of the infringement of these

regulations to which the action for damages relates.

Part VII

Various Provisions

(1) The Agency shall submit an annual report to the

Minister which must include the details contained in sub-regulation (2)

by not later than the end of May of each year, and which report shall be

made public by not later than the end of June of the same year.

(2) The report referred to in sub-regulation (1) shall be a report

on the subject-matter covered by these regulations during the

immediately preceding calendar year which shall include the following

details

(a) the number of producers, retailers and catering

undertakings participating in the Scheme in terms of regulation

13 and the quantity and aggregate weight by typology of single

use containers placed on the market during the relevant calendar

year;

(b) the number by typology of single use containers that

have been collected and the aggregate weight by typology of

single use containers that have been recycled in accordance with

these regulations during the relevant calendar year as a

percentage of single use containers placed on the market;

(c) the number and location of RVMs and the aggregate

quantity of beverage containers by typology collected by RVMs

in the territory;

(d) if and where applicable the number by typology of

single use containers collected manually;

(e) the number of producers exempt from the Scheme in

terms of regulation 19, and the quantity by typology of refillable

containers placed on the market by such producers and the

quantity by typology of refillable containers collected for reuse

by such producers;

(f) the number and nature of complaints received by the

Agency in relation to these regulations and the Scheme;

(g) the number of breaches, both of these regulations and

the requirements of the Scheme, investigated by the Agency and

the number and nature of decisions, orders and measures taken

by the Agency, any court or tribunal or any competent authority

in connection therewith;

(h) the financial position of the Scheme and of the

deposit refund account of the operator at the end of the relevant

calendar year;

(i) the financial position of any system for refillable

containers operating in the territory and the position of their

respective deposit refund accounts at the end of the relevant

calendar year; and

(j) such other matters as may be required by the

Minister.

(1) For the purpose of enabling the Agency to perform its

functions under these regulations, the Authority shall share and

exchange information with the Agency, and the Agency and Authority

shall collaborate with one another

Provided that the Agency shall report on the performance

of the Scheme to the Authority such that it would enable the Authority

to perform its reporting obligations in terms of applicable law.

PART VIII

Miscellaneous

Producers who, on the date of the coming into force

regulation 13, have already placed or are placing on the market a

beverage container, shall register with the licensed operator, and shall

register the relevant barcodes and any specific markings of the

beverage container as well as indicating whether they intend to affix

the deposit logo to the beverage container, pursuant to regulation 13,

by not later than five (5) months before the coming into force of this

regulation. Producers shall also provide the licensed operator with the

information indicated in regulation 14(2)(a), as the operator may

direct, from the date of registration as aforesaid.

Distributors and/or retailers and/or catering undertakings

who, on the date of the coming into force of regulation 13, have

already made available or are making available on the market a

beverage container, shall register with the licensed operator and shall

register the relevant barcodes, pursuant to regulation 13, by not later

than one (1) month before the coming into force of regulation 13.

Producers who, at the date of the coming into force of

regulation 20, have already placed or are placing on the market any

beverage in a refillable container, shall register with the Agency

pursuant to regulation 20 by not later than three (3) months before the

coming into force of regulation 20.

The Minister shall publish the intended date of coming into

force of regulation 13 in the Gazette and in at least two (2) daily

newspapers not less than six (6) months before the said date.

The Minister shall publish the intended date of coming into

force of regulation 20 in the Gazette and in at least two (2) daily

newspapers not less than four (4) months before the said date.

The Chief Executive may delegate any of the powers vested

in him by these regulations to any officer or employee of the Agency.

In these regulations, if there is any conflict between the Conflict

between the

English and the Maltese texts, the English text shall prevail.

English and the

Maltese texts.

First Schedule

Beverages falling within the scope of these regulations

(Regulation 2)

(a)

water and flavoured water;

(b)

non-carbonated soft drinks;

(c)

carbonated soft drinks;

(d)

ciders, beers and other malt beverages;

(e)

ready to drink coffee;

(f) flavoured alcoholic beverages having an alcoholic

content level which does not exceed 5%;

(g)

dilutables.

Second Schedule

Beverage container specifications

(Regulation 2)

Beverage containers must be

(a)

made out of

(i)

steel, or

(ii)

aluminium, or

(iii) glass, or

(iv) polyethylene terephthalate (PET); and

(b)

bottles or cans; and

(c)

with a capacity of between 0.1 litres and 3 litres

Provided that cartons, foil pouches, and high-density

polyethylene (HDPE), and composite materials are explicitly

excluded.

Third Schedule

Minimum Deposit Value

(Regulation 2)

All beverage containers shall be subject to a deposit of a value of

at least ten euro cents (€0.10).

Fourth Schedule

Registration Fees

(Regulation 20)

Producers shall be subject to a registration fee for every beverage

type intended to be placed on the market individually distinguished by

product, beverage container material, design or size typology. This

registration fee shall be a one-time fee of one hundred euro (€100) per

unique typology registered.

Fifth Schedule

Collection Targets

Operator

From 1 st January 2022 to 31 December 2022 - 70% of the single

use containers registered in terms of the Scheme as having been placed

on the market during the same period

1 January 2023 to 31 December 2023 - 70% of the single use

containers registered in terms of the Scheme as having been placed on

the market during the same period

1 January 2024 to 31 December 2024 - 80% of the single use

containers registered in terms of the Scheme as having been placed on

the market during the same period

1 January 2025 to 31 December 2025 - 85% of the single use

containers registered in terms of the Scheme as having been placed on

the market during the same period

1 January 2026 to 31 December 2026 and for every calendar year

thereafter - 90% of the single use containers registered in terms of the

Scheme as having been placed on the market during the same period

Producers of refillable beverage containers

From 1 st January 2022 to 31 December 2022 - 70% of the

refillable containers registered by the producer as having been placed

on the market during the same period

1 January 2023 to 31 December 2023 - 70% of the refillable

containers registered by the producer as having been placed on the

market during the same period

1 January 2024 to 31 December 2024 - 80% of the refillable

containers registered by the producer as having been placed on the

market during the same period

1 January 2025 to 31 December 2025 - 85% of the refillable

containers registered by the producer as having been placed on the

market during the same period

1 January 2026 to 31 December 2026 and for every calendar year

thereafter - 90% of the refillable containers registered by the producer

as having been placed on the market during the same period

€2.97