Products Regulations, 2020

L.N. 481 of 2020

SUPPLIES AND SERVICES ACT

(CAP. 117)

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Restrictions on Placing on the Market of Single-Use Plastic

Products Regulations, 2020

IN EXERCISE of the powers conferred by article 3 of the

Supplies and Services Act and articles 54 and 55 of the Environment

Protection Act, the Minister for the Economy and Industry and the

Minister for the Environment, Climate Change and Planning, have

made the following regulations:-

The title of these regulations is the Restrictions on Placing Citation-

on the Market of Single-Use Plastic Products Regulations, 2020.

(regulation 4)

Single-use Plastic Products Covered by the Prohibition on Placing on

the Market

Part A

(a) Cotton bud sticks, except if they fall within the scope of

Council Directive 90/385/EEC or Council Directive 93/42/EEC;

(b)

Cutlery (forks, knives, spoons, chopsticks);

(c)

Plates;

(d) Straws, except if they fall within the scope of Directive 90/

385/EEC or Directive 93/42/EEC;

(e)

Beverage stirrers;

(f) Sticks to be attached to and to support balloons, except

balloons for industrial or other professional uses and applications that

are not distributed to consumers, including the mechanisms of such

sticks;

(g) Food containers made of expanded polystyrene, i.e.

receptacles such as boxes, with or without a cover, used to contain

food which

-

is intended for immediate consumption, either on-the-spot

or take-away,

-

is typically consumed from the receptacle, and

-

is ready to be consumed without any further preparation,

such as cooking, boiling or heating,

including food containers used for fast food or other meal ready

for immediate consumption, except beverage containers, plates and

packets and wrappers containing food;

(h) Beverage containers made of expanded polystyrene,

including their caps and lids;

(i) Cups for beverages made of expanded polystyrene,

including their covers and lids.

Part B

Beverage containers with a capacity of up to three litres, i.e.

receptacles used to contain liquid, such as beverage bottles including

their caps and lids and composite beverage packaging including their

caps and lids, but not

-

glass or metal beverage containers that have caps and lids

made from plastic; and

-

beverage containers intended and used for food for special

medical purposes as defined in point (g) of Article 2 of Regulation

(EU) No 609/2013 of the European Parliament and of the Council (3)

that is in liquid form.

€0.36

(1) These regulations bring into effect Article 5 and Scope.

Articles 6(1) and (2) of Directive (EU) 2019/904 of the European

Parliament and of the Council of 5 June 2019 on the reduction of the

impact of certain plastic products on the environment.

(2) The Environment and Resources Authority and the

Customs Department shall collaborate and cooperate in enforcing

these regulations.

In these regulations, unless the context otherwise requires

Interpretation.

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

for distribution, consumption or use on the market of Malta in the

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

of charge;

"oxo-degradable plastic" means plastic materials that include

additives which, through oxidation, lead to the fragmentation of the

plastic material into micro-fragments or to chemical decomposition;

"packaging" means packaging as defined in regulation 3(1) of the

S.L. 549. 43.

Waste Management (Packaging and Packaging Waste) Regulations;

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

product on the market of Malta;

"plastic" means a material consisting of a polymer as defined in

point 5 of Article 3 of Regulation (EC) No 1907/2006, to which

additives or other substances may have been added, and which can

function as a main structural component of final products, with the

exception of natural polymers that have not been chemically modified;

"single-use plastic product" means a product that is made wholly

or partly from plastic and that is not conceived, designed or placed on

the market to accomplish, within its life span, multiple trips or

rotations by being returned to a producer for refill or re-used for the

same purpose for which it was conceived;

(1) As from 1 January 2021, the placing on the market of

the single-use plastic products listed in Part A of the Schedule and of

products made from oxo-degradable plastic shall be prohibited.

(2) As from 3 July 2024, the placing on the market of the

single-use plastic products listed in Part B of the Schedule that have

caps and lids made of plastic shall be prohibited

Provided that single-use plastic products listed in Part B of

the Schedule may be exempt from such prohibition only if the caps and

lids remain attached to the containers during the products’ intended

use stage

Provided further that for the purposes of this sub-

regulation, metal caps or lids with plastic seals shall not be considered

to be made of plastic.

(1) Any person who contravenes or fails to comply with

the prohibitions under regulation 4, shall, on conviction, be guilty of

an offence under these regulations.

(2) Any person who commits or attempts to commit an offence

against these regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) not exceeding

one thousand five hundred euro (€1,500);

(b) on a second or subsequent conviction, to a fine

(multa) not exceeding two thousand five hundred euro (€2,500)

Provided that the court shall order any person who has been

found guilty of committing an offence against these regulations to pay

for the expenses incurred by any of the competent authorities as a

result of the said offence and shall moreover order the confiscation of

the products to which the offence relates, even though the owner

thereof may not be a party to the proceedings.

(3) The provisions of article 23 and 30(1) of the Criminal Code Cap. 9.

shall, mutatis mutandis, apply to proceedings in respect of offences

against these regulations.