Waste (Amendment) Regulations, 2021

L.N. 146 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for the Environment,

Climate Change and Planning, after consultation with the

Environment and Resources Authority, has made the following

regulations:-

The title of these regulations is the Waste (Amendment) Citation.

Regulations, 2021 and these regulations shall be read and construed

as one with the Waste Regulations, hereinafter referred to as "the S.L. 549. 63.

principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) The objective of these regulations is to

protect the environment and human health by preventing or

reducing the generation of waste, the adverse impacts of

the generation and management of waste and by reducing

overall impacts of resource use and improving the

efficiency of such use, which are crucial for the transition

to a circular economy and for guaranteeing the European

Union’s long-term competitiveness.";

(b)

sub-regulation (3) thereof shall be amended as

follows

(i) in paragraph (b) thereof the word "and" shall

be deleted;

(ii) in paragraph (c) thereof, the words "and

repealing certain Directives." shall be substituted by the

words "and repealing certain Directives;"; and

(iii) immediately after paragraph (c) thereof there

shall be added the following new paragraphs

"(d) the provisions of Council Regulation

(EU) 2017/997 of 8 June 2017 amending Annex III

to Directive 2008/98/EC of the European

Parliament and of the Council as regards the

hazardous property HP 14 ‘Ecotoxic’; and

(e)

the provisions of Directive (EU) 2018/

851 of the European Parliament and of the Council

of 30 May 2018 amending Directive 2008/98/EC

on waste.".

Regulation 3 of the principal regulations shall be amended

(a)

sub-regulation (2) thereof shall be amended as

(i) in paragraph (d) thereof, the words "and

Backfilling) Regulations." shall be substituted by the

words "and Backfilling) Regulations;"; and

(ii) immediately after paragraph (d) thereof there

shall be added the following new paragraph

"(e) substances that are destined for use as

feed materials as defined in point (g) of Article 3(2)

of Regulation (EC) No 767/2009 of the European

Parliament and of the Council and that do not

consist of or contain animal by-products * ."; and

(b) in sub-regulation (3) of the Maltese version thereof,

for the words "li jergħu jitpoġġew taħt wiċċ l-ilma" shall be

substituted by the words "li jerġgħu jitpoġġew fl-ilma tal-wiċċ";

and the words "jew riklamazzjoni" shall be substituted by the

words "jew ta’ riklamazzjoni".

Regulation 4 of the principal regulations shall be amended

(a)

immediately after the definition "the Act", there

shall be added the following new definition

" "the Agency" means the Resource, Recovery

and Recycling Agency established by the

Resource, Recovery and Recycling Agency

(Establishment) Order;";

* OJ L 229, 1.9.2009, p. 1

(b)

the definition "agreement" shall be deleted;

(c)

immediately after the definition "applicant" there

shall be added the following new definition

" "backfilling" means any recovery operation

where suitable non-hazardous waste is used for purposes of

reclamation in excavated areas or for engineering purposes

in landscaping. Waste used for backfilling must substitute

non-waste materials, be suitable for the aforementioned

purposes, and be limited to the amount strictly necessary to

achieve those purposes;";

(d) the definition "best available techniques" shall be

substituted by the following new definition

" "best available techniques" means best available

S.L. 595. 76. techniques as defined in regulation 5 of the Industrial

Emissions (Framework) Regulations;";

(e)

the definition "bio-waste" shall be substituted by the

following new definition

" "bio-waste" means biodegradable garden and

park waste, food and kitchen waste from households,

offices, restaurants, wholesale, canteens, caterers and retail

premises and comparable waste from food processing

plants;";

(f)

the definition "the Community" shall be deleted;

(g) immediately after the definition "consignor" there

shall be added the following new definition

" "construction and demolition waste” means waste

generated by construction and demolition activities;";

(h)

the definition "enforcement notice" shall be deleted;

(i)

immediately after the definition "disposal" there

shall be added the following definition

" "food waste" means all food as defined in Article

2 of Regulation (EC) No 178/2002 of the European

Parliament and of the Council that has become waste * ;";

* OJ L 31, 1.2.2002, p. 1

(j)

the definition "household waste" shall be substituted

by the following new definition

" "household waste" means waste generated by

households;";

(k)

the definition "inert waste" shall be deleted;

(l)

immediately after the definition "industrial waste"

there shall be added the following new definition

" "material recovery" means any recovery

operation, other than energy recovery and the reprocessing

into materials that are to be used as fuels or other means to

generate energy. It includes, inter alia, preparing for re-

use, recycling and backfilling;";

(m) immediately after the definition "material recovery"

there shall be added the following new definition

" "local council" means a local council established

under the Local Government Act;";

(n) the definition "municipal solid waste" shall be

substituted by the following new definition

" "municipal waste" means

(a) mixed waste and separately collected

waste from households, including paper and

cardboard, glass, metals, plastics, bio-waste, wood,

textiles, packaging, waste electrical and electronic

equipment, waste batteries and accumulators, and

bulky waste, including mattresses and furniture;

(b) mixed waste and separately collected

waste from other sources, where such waste is

similar in nature and composition to waste from

households.

Municipal waste does not include waste from

production, agriculture, forestry, fishing, septic tanks and

sewage network and treatment, including sewage sludge,

end-of-life vehicles or construction and demolition waste.

This definition is without prejudice to the

allocation of responsibilities for waste management

between public and private actors;";

(o) immediately after the definition "municipal waste"

there shall be added the following new definition

" "non-hazardous waste" means waste which is not

covered by the definition "hazardous waste";

(p) immediately after the definition "non-hazardous

waste" there shall be added the following new definition

" "Order" means a stop order or a compliance order

issued under the Act;";

(q) paragraph (c) of the definition "prevention" shall be

substituted by the following new paragraph

"(c) the content of hazardous substances in

materials and products;";

(r)

immediately after the definition "regeneration of

waste oils" there shall be added the following new definition

" "regional council" means a regional council

established under the Local Government Act;"; and

(s)

the definition "waste management"

shall

be

substituted by the following new definition

" "waste management" means the collection,

transport, recovery (including sorting), and disposal of

waste, including the supervision of such operations and the

after-care of disposal sites, and including actions taken as a

dealer or broker;".

Immediately after regulation 4 of the principal regulations Adds new

regulations to

there shall be added the following new regulations

the principal

regulations.

" The Waste

4A. (1) In all waste management legislation

Hierarchy.

and policy the following waste hierarchy shall apply

as a priority in the following order

(a)

prevention;

(b) preparing for re-use;

(c)

recycling;

(d) other recovery, e.g. energy

recovery; and

(e)

disposal.

(2) When applying the waste hierarchy referred

to in sub-regulation (1), the Minister, in consultation

with the competent authority and the Agency, shall

take measures to encourage the options that deliver

the best overall environmental outcome. This may

require specific waste streams departing from the

hierarchy where this is justified by life-cycle

thinking on the overall impacts of the generation and

management of such waste.

The Minister shall ensure that the development of

waste legislation and policy is a fully transparent

process, observing existing national rules about the

consultation and involvement of citizens and

stakeholders.

The Minister shall take into account the general

environmental protection principles of precaution

and sustainability, technical feasibility and economic

viability, protection of resources as well as the

overall environmental, human health, economic and

social impacts, in accordance with regulation 2 and

paragraph 3 of Part 1 of Schedule 5.

(3) The Minister shall make use of economic

instruments and other measures to provide incentives

for the application of the waste hierarchy, such as

those indicated in Annex IVa to Directive 2008/98/

EC as amended by Directive (EU) 2018/851 or other

appropriate instruments and measures.

4B. (1) The Minister, in consultation with the

Principles of

sufficiency competent authority and the Agency shall take the

necessary measures to establish an integrated and

adequate network of waste disposal installations and

of installations for the recovery of mixed municipal

waste collected from private households, including

where such collection also covers such waste from

other producers, taking into account best available

techniques.

(2) The network shall be designed to enable the

European Union as a whole to become self-sufficient

in waste disposal as well as in the recovery of mixed

municipal waste collected from private households,

and to enable Malta to move towards that aim

individually, taking into account geographical

circumstances or the need for specialised

installations for certain types of waste.

(3) The network shall enable waste to be

disposed of or waste referred to in sub-regulation (1)

to be recovered in one of the nearest appropriate

installations, by means of the most appropriate

methods and technologies, in order to ensure a high

level of protection for the environment and public

health.

(4) The principles of proximity and self-

sufficiency do not require that the full range of

recovery facilities are located in Malta.".

Regulation 5 of the principal regulations shall be Substitutes

regulation 5 of

substituted by the following new regulation

the principal

regulations.

"5. (1) The competent authority shall provide the

necessary technical assistance to ensure that a substance or

object resulting from a production process, the primary aim of

which is not the production of that substance or object, is

considered not to be waste, but to be a by-product if the

following conditions are met

(a)

further use of the substance or object is

certain;

(b) the substance or object can be used directly

without any further processing other than normal industrial

practice;

(c) the substance or object is produced as an

integral part of a production process; and

(d) further use is lawful, i.e. the substance or

object fulfils all relevant product, environmental and

health protection requirements for the specific use and will

not lead to overall adverse environmental or human health

impacts.

(2) Where criteria have not been set at European Union

level, the competent authority may establish detailed criteria on

the application of the conditions laid down in sub-regulation (1)

to specific substances or objects and shall notify the European

Commission of those detailed criteria in accordance with

Directive (EU) 2015/1535 * .".

* OJ L 241, 17.9.2015, p. 1

Regulation 6 of the principal regulations shall be

substituted by the following new regulation

"6. (1) Waste which has undergone a recycling or other

recovery operation is considered to have ceased to be waste if it

complies with the following conditions

(a) the substance or object is to be used for

specific purposes;

(b) a market or demand exists for such a

substance or object;

(c) the substance or object fulfils the technical

requirements for the specific purposes and meets the

existing legislation and standards applicable to products;

and

(d) the use of the substance or object will not lead

to overall adverse environmental or human health impacts.

(2) Where end-of-waste criteria have not been set at

European Union level, the competent authority may decide on a

case-by-case basis that a certain waste has ceased to be waste on

the basis of the conditions laid down in sub-regulation (1) and

taking into account limit values for pollutants and any possible

adverse environmental and human health impacts. The

competent authority may take into account the following

requirements

(a) permissible waste input material for the

recovery operation;

(b)

allowed treatment processes and techniques;

(c) quality criteria for end-of-waste materials

resulting from the recovery operation in line with the

applicable product standards, including limit values for

pollutants where necessary;

(d) requirements for management systems to

demonstrate compliance with the end-of-waste criteria,

including for quality control and self-monitoring, and

accreditation, where appropriate; and

(e) a requirement for the submission of a

statement of conformity, which shall contain the

information set out in Part B of Schedule 10.

(3) Any natural or legal person intending to carry out

recycling or other recovery operations in which waste ceases to

be waste in accordance with sub-regulation (1) is to obtain a

permit from the competent authority prior to any transfer of the

resulting material

Provided that an application for a permit to reach

end-of-waste submitted by any person to the competent

authority for a decision under sub-regulation (2) shall contain at

least the information set out in Part A of Schedule 10.

(4)

The natural or legal person who -

(a) uses, for the first time, a material that has

ceased to be waste and that has not been placed on the

market; or

(b) places a material on the market for the first

time after it has ceased to be waste,

shall ensure that the material meets relevant requirements under

the applicable chemical and product related legislation. The

conditions laid down in sub-regulation (1) have to be met before

the legislation on chemicals and products applies to the material

that has ceased to be waste.".

Sub-regulation (2) of regulation 7 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) The competent authority may consider waste as

hazardous waste where, even though it does not appear as such

in Commission Decision 2000/532/EC * , it displays one or more

of the properties listed in Schedule 3

Provided that the competent authority shall notify

the European Commission of any such cases without delay and

provide it with all relevant information.".

Regulation 8 of the principal regulations shall be deleted.

Deletes

regulation 8 of

the principal

regulations.

Sub-regulation (2) of regulation 9 of the principal Amends

regulations shall be deleted and sub-regulation (1) thereof shall be re- regulation

the principal

numbered as regulation 9.

regulations.

* OJ L 226, 6.9.2000, p.3

Regulation 10 of the principal regulations shall be

substituted by the following new regulation

10. (1) Without prejudice to the Waste

Management (Packaging and Packaging Waste)

Regulations, the Extended Producer Responsibility

2021. Framework Regulations, 2021, and the Local

Government Act, Local Councils are to set up

systems in their locality for the separate collection

(which includes co-mingled collection), and the

Regional Councils are to ensure that such systems

are set-up, for at least the following

(a) paper;

(b) metal;

(c) plastic;

(d) glass; and

(e) bio-waste,

in order to promote high quality recycling.

(2) Without

prejudice

to

the

Waste

Management (Packaging and Packaging Waste)

Regulations, Local Councils shall allocate space for

the provision of Recycling Points for the separate

collection of paper, metal, plastic and glass for

every two thousand (2,000) inhabitants in each

specific locality, and the Regional Councils are to

ensure that such space is allocated

Provided that Local Councils with less than

two thousand (2,000) inhabitants shall provide

space for at least one set of Recycling Points in their

respective locality

Provided further that for the purposes of

Recycling Points under this sub-regulation separate

collection shall not include co-mingled collection.

(3) Local Councils that fail to comply with the

provisions of sub-regulation (2) shall be liable to a

penalty in accordance with the Daily Penalties

(Environment) Regulations.

(4) Without prejudice to regulation 10B, any

carrier registered in accordance with the Waste

Management (Activity Registration) Regulations to

carry waste as defined in regulation 4 who collects

any one of the waste streams identified in sub-

regulation (1) separately, shall keep all fractions

collected separately.

(5) By 1 January 2025 there shall be systems

set up for the separate collection of

(a)

hazardous

waste

fractions

produced by households to ensure that they

are treated in accordance with regulation 4A

and paragraph 3 of Part 1 of Schedule 5 and

do not contaminate other municipal waste

streams; and

(b) textiles.".

Immediately after regulation 10 of the principal Adds new

regulations to

regulations there shall be added the following new regulations

the principal

regulations.

" Prevention.

10A. (1) The Minister, in consultation with the

competent authority and the Agency, shall take

measures to prevent waste generation. Such

measures shall, at least

(a)

promote and support sustainable

production and consumption models;

(b) encourage

the

design,

manufacturing and use of products that are

resource-efficient, durable (including in terms

of life span and absence of planned

obsolescence), repairable, re-usable and

upgradable;

(c)

target products containing critical

raw materials to prevent that those materials

become waste;

(d) encourage the re-use of products

and the setting up of systems promoting

repair and re-use activities, including in

particular for electrical and electronic

equipment, textiles and furniture, as well as

packaging and construction materials and

products;

(e)

encourage, as appropriate and

without prejudice to intellectual property

rights, the availability of spare parts,

instruction manuals, technical information, or

other instruments, equipment or software

enabling the repair and re-use of products

without compromising their quality and

safety;

(f)

reduce waste generation in

processes related to industrial production,

extraction of minerals, manufacturing,

construction and demolition, taking into

account best available techniques;

(g) reduce the generation of food

waste in primary production, in processing

and manufacturing, in retail and other

distribution of food, in restaurants and food

services as well as in households as a

contribution to the United Nations

Sustainable Development Goal to reduce by

50% of the per capita global food waste at the

retail and consumer levels and to reduce food

losses along production and supply chains by

2030;

(h) encourage food donation and

other redistribution for human consumption,

prioritising human use over animal feed and

the reprocessing into non-food products;

(i)

promote the reduction of the

content of hazardous substances in materials

and products, without prejudice to

harmonised legal requirements concerning

those materials and products laid down at

European Union level, and ensure that any

supplier of an article as defined in point 33 of

Article 3 of Regulation (EC) No 1907/2006 *

provides the information pursuant to Article

33(1) of that Regulation to the European

Chemicals Agency as from 5 January 2021;

(j)

reduce the generation of waste, in

particular waste that is not suitable for

preparing for re-use or recycling;

* OJ L 396, 30.12.2006, p. 1

(k) identify products that are the main

sources of littering, notably in natural and

marine environments, and take appropriate

measures to prevent and reduce litter from

such products

Provided that if the Minister, in

consultation with the competent authority and

the Agency, decides to implement this

obligation through market restrictions, he

shall ensure that such restrictions are

proportionate and non-discriminatory;

(l)

aim to halt the generation of

marine litter as a contribution towards the

United Nations Sustainable Development

Goal to prevent and significantly reduce

marine pollution of all kinds;

(m) develop and support information

campaigns to raise awareness about waste

prevention and littering.

(2) The competent authority and the Agency

shall monitor and assess the implementation of the

national measures on re-use by measuring re-use on

the basis of the common methodology established in

Commission Implementing Decision (EU) 2021/19

laying down a common methodology and a format

for reporting on reuse in accordance with Directive

2008/98/EC of the European Parliament and of the

Council.

(3) The competent authority and the Agency

shall monitor and assess the implementation of

national food waste prevention measures by

measuring the levels of food waste on the basis of

the methodology established by Commission

Delegated Decision (EU) 2019/1597 supplementing

Directive 2008/98/EC of the European Parliament

and of the Council as regards a common

methodology and minimum quality requirements

for the uniform measurement of levels of food

waste.

10B. (1) The Minister, in collaboration with

the competent authority and the Agency, shall take

the necessary measures to ensure that waste

undergoes preparing for re-use, recycling or other

recovery operations, in accordance with regulation

4A and the principles set out in paragraph 3 of Part

1 of Schedule 5.

(2) Where necessary to comply with sub-

regulation (1), and to facilitate or improve preparing

for re-use, recycling and other recovery operations,

waste shall be subject to separate collection and

shall not be mixed with other waste or other

materials with different properties.

(3) The competent authority may grant

derogations from sub-regulation (2) provided that at

least one of the following conditions is met

(a)

collecting certain types of waste

together does not affect their potential to

undergo preparing for re-use, recycling or

other recovery operations in accordance with

regulation 4A and results in output from those

operations which is of comparable quality to

that achieved through separate collection;

(b) separate collection does not

deliver the best environmental outcome when

considering the overall environmental

impacts of the management of the relevant

waste streams;

(c)

separate

collection

is

not

technically feasible taking into consideration

good practices in waste collection;

(d) separate collection would entail

disproportionate economic costs taking into

account the costs of adverse environmental

and health impacts of mixed waste collection

and treatment, the potential for efficiency

improvements in waste collection and

treatment, revenues from sales of secondary

raw materials as well as the application of the

polluter-pays principle and extended producer

responsibility

Provided that the competent

authority shall regularly review derogations

under this paragraph taking into account good

practices in separate collection of waste and

other developments in waste management

Provided further that a request for a

derogation under this regulation shall be made in

writing to the competent authority and the

competent authority shall decide on a case-by-case

basis.

(4) The Minister, in consultation with the

competent authority and the Agency, shall take

measures to ensure that waste that has been

separately collected for preparing for re-use and

recycling is not incinerated, with the exception of

waste resulting from subsequent treatment

operations of the separately collected waste for

which incineration delivers the best environmental

outcome in accordance with regulation 4A.

(5) Where necessary to comply with sub-

regulation (1), and to facilitate and improve

recovery, the Minister, in consultation with the

competent authority, shall take the necessary

measures, before or during recovery, to remove

hazardous substances, mixtures and components

from hazardous waste with a view to their treatment

in accordance with regulation 4A and paragraph 3

of Part 1 of Schedule 5.

10C. (1) The Minister, in consultation with the

competent authority and the Agency, shall take

measures to promote preparing for re-use activities,

notably by encouraging the establishment of, and

support for, preparing for re-use and repair

networks, by facilitating, where compatible with

proper waste management, their access to waste

held by collection schemes or facilities that can be

prepared for re-use but is not destined for preparing

for re-use by those schemes or facilities, and by

promoting the use of economic instruments,

procurement criteria, quantitative objectives or

other measures.

The Minister, in consultation with the

competent authority and the Agency, shall take

measures to promote high-quality recycling and, to

this end, subject to regulation 10B(2) and (3), shall

set up separate collection of waste.

The Minister, in consultation with the

competent authority and the Agency, shall take

measures to promote selective demolition in order

to enable removal and safe handling of hazardous

substances and facilitate re-use and high-quality

recycling by selective removal of materials, and to

ensure the establishment of sorting systems for

construction and demolition waste at least for wood,

mineral fractions (concrete, bricks, tiles and

ceramics, stones), metal, glass, plastic and plaster.

(2) In order to comply with the objectives of

these regulations and move towards a European

circular economy with a high level of resource

efficiency, the following targets shall be achieved

(a)

by 2025, the preparing for re-use

and the recycling of municipal waste shall be

increased to a minimum of 55% by weight;

(b) by 2030, the preparing for re-use

and the recycling of municipal waste shall be

increased to a minimum of 60% by weight;

(c)

by 2035, the preparing for re-use

and the recycling of municipal waste shall be

increased to a minimum of 65% by weight

Provided that the Minister may by notice in

the Gazette place the responsibility for the

achievement of the targets referred to in paragraphs

(a), (b) and (c) on the Local Councils, or on the

Regional Councils, or on both.

(3) The Minister may postpone the deadlines

for attaining the targets referred to in sub-regulation

(2)(a), (b) and (c) by up to five years, provided that

the procedure set out in Articles 11(3), 11(4), 11(5)

and Annex IVb of Directive 2008/98/EC of the

European Parliament and of the Council, as

amended, are adhered to.

10D. (1) For the purpose of calculating

calculation of

the attainment whether the targets laid down in regulation 10C(2)

of the targets.

have been achieved

(a)

the competent authority shall

calculate the weight of the municipal waste

generated and prepared for re-use or recycled

in a given calendar year;

(b) the weight of the municipal waste

prepared for re-use shall be calculated as the

weight of products or components of products

that have become municipal waste and have

undergone all necessary checking, cleaning or

repairing operations to enable re-use without

further sorting or pre-processing;

(c)

the weight of the municipal waste

recycled shall be calculated as the weight of

waste which, having undergone all necessary

checking, sorting and other preliminary

operations to remove waste materials that are

not targeted by the subsequent reprocessing

and to ensure high-quality recycling, enters

the recycling operation whereby waste

materials are actually reprocessed into

products, materials or substances.

(2) For the purposes of sub-regulation (1)(c),

the weight of the municipal waste recycled shall be

measured when the waste enters the recycling

operation

Provided that, by way of derogation from

sub-regulation (1), the weight of the municipal

waste recycled may be measured at the output of

any sorting operation

Provided further that

(a)

such output waste is subsequently

recycled; and

(b) the weight of materials or

substances that are removed by further

operations preceding the recycling operation

and are not subsequently recycled is not

included in the weight of waste reported as

recycled.

(3) The competent authority shall establish an

effective system of quality control and traceability

of municipal waste to ensure that the conditions laid

down in sub-regulations (1)(c) and (2) are met. To

ensure the reliability and accuracy of the data

gathered on recycled waste, the system may consist

of electronic registries set up pursuant to regulation

33(5), technical specifications for the quality

requirements of sorted waste, or average loss rates

for sorted waste for various waste types and waste

management practices respectively. Average loss

rates shall only be used in cases where reliable data

cannot be obtained otherwise and shall be

calculated on the basis of the calculation rules

established in line with Article 11a(10) of Directive

2008/98/EC.

(4) For the purpose of calculating whether the

targets laid down in regulation 10C(2) have been

attained, the amount of municipal biodegradable

waste that enters aerobic or anaerobic treatment

may be counted as recycled where that treatment

generates compost, digestate, or other output with a

similar quantity of recycled content in relation to

input, which is to be used as a recycled product,

material or substance

Provided that where the output is used on

land, the competent authority may count it as

recycled only if this use results in benefits to

agriculture or ecological improvement.

(5) As from 1 January 2027, the competent

authority may count municipal bio-waste entering

aerobic or anaerobic treatment as recycled only if,

in accordance with paragraph of sub-regulation of

regulation 10(1)(e) and paragraph 9 of Part 2 of

Schedule 5, it has been separately collected or

separated at source.

(6) For the purposes of calculating whether the

targets laid down in regulation 10C(2) have been

attained, the amount of waste materials that have

ceased to be waste as a result of a preparatory

operation before being reprocessed may be counted

as recycled, provided that such materials are

destined for subsequent reprocessing into products,

materials or substances to be used for the original or

other purposes

Provided that end-of-waste materials to be

used as fuels or other means to generate energy, or

to be incinerated, backfilled or landfilled, shall not

be counted towards the attainment of the recycling

targets.

(7) For the purposes of calculating whether the

targets laid down in regulation 10C(2) have been

attained, the competent authority may take into

account the recycling of metals separated after

incineration of municipal waste provided that the

recycled metals meet the quality criteria laid down

in Commission Implementing Decision (EU) 2019/

1004 laying down rules for the calculation,

verification and reporting of data on waste in

accordance with Directive 2008/98/EC of the

European Parliament and of the Council and

repealing Commission Implementing Decision

C(2012) 2384.

(8) Waste collected in Malta that is exported

outside the Union for preparing for re-use or

recycling shall count towards the attainment of the

targets laid down in regulation 10C(2) only if the

requirements of sub-regulation (3) of this regulation

are met and if, in accordance with Regulation (EC)

No 1013/2006 * , the exporter can prove that the

shipment of waste complies with the requirements

of that Regulation and that the treatment of waste

outside the Union took place in conditions that are

broadly equivalent to the requirements of the

relevant European Union environmental law.

(9) For the application of this regulation, the

rules for calculation, verification and reporting of

data laid down in Commission Implementing

Decision (EU) 2019/1004 laying down rules for the

calculation, verification and reporting of data on

waste in accordance with Directive 2008/98/EC of

the European Parliament and of the Council and

repealing Commission Implementing Decision

C(2012) 2384 shall apply.".

*

OJ L 190, 12.7.2006, p 1.

Regulation 12 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, the words "paragraphs

2 and 3 of Schedule 5" shall be substituted by the words

"regulation 4A and paragraph 3 of Part 1 of Schedule 5"; and

(b) sub-regulation (7) thereof shall be substituted by the

following new sub-regulation

"(7) Without prejudice to regulation 4(3) of the

Extended Producer Responsibility Framework

2021. Regulations, 2021, in accordance with the polluter-

pays principle, the costs of waste management,

including for the necessary infrastructure and its

operation, shall be borne by the original waste

producer or by the current or previous waste holders

depending on who has the duty of care for the waste

in accordance with the provisions of this

regulation.".

Sub-regulation (3) of regulation 16 of the principal

regulations shall be substituted by the following new sub-regulation

"(3) Where hazardous waste has been unlawfully mixed

in breach of this regulation, the competent authority shall

ensure, without prejudice to regulations 34 and 35, that

separation is carried out where technically feasible and

necessary to comply with regulation 4B.

Where separation is not required pursuant to sub-

regulation (1), the competent authority shall ensure that the

mixed waste is treated in a facility that has obtained a permit in

accordance with regulation 19 to treat such a mixture.".

Sub-regulation (1) of regulation 18 of the principal

regulations shall be substituted by the following new sub-regulation

"(1) Without prejudice to the provisions related to the

management of hazardous waste laid down in regulations 14

and 16, waste oils -

(a) shall be collected separately, unless separate

collection is not technically feasible taking into account

good practices;

(b) shall be treated, giving priority to

regeneration or alternatively to other recycling operations

delivering an equivalent or a better overall environmental

outcome than regeneration, in accordance with regulation

4A and paragraph 3 of Part 1 of Schedule 5;

(c) of different characteristics shall not be mixed

and waste oils are not to be mixed with other kinds of

waste or substances, if such mixing impedes their

regeneration or another recycling operation delivering an

equivalent or a better overall environmental outcome than

regeneration.".

Immediately after regulation 18 of the principal Adds new

regulation to the

regulations there shall be added the following new regulation

principal

regulations.

(1) In order to comply with the

objectives of these regulations and European Union

legislation, and move to a European circular

economy with a high level of resource efficiency,

the Minister, in consultation with the competent

authority and the Agency, shall take the necessary

measures to ensure that by 31 December 2023 and

subject to regulation 10B(2) and (3), bio-waste is

either separated and recycled at source, or is

collected separately and is not mixed with other

types of waste.

(2) Waste with similar biodegradability and

compostability properties which complies with

relevant European standards or any equivalent

national standards for packaging recoverable

through composting and biodegradation, may be

allowed to be collected together with bio-waste.".

17. In sub-regulation (1) of regulation 19 of the principal Amends

regulations, the words "waste treatment" shall be substituted by the regulation

the principal

words "waste treatment, including but not limited to, storage of waste regulations.

pending any recovery or disposal operations (excluding temporary

storage of waste which is pending collection on the site where such

waste is generated),".

18. Regulation 23 of the principal regulations shall be Amends

regulation 23 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (3) thereof, the words "an

enforcement notice" shall be substituted by the words "an

Order"; and

(b) in sub-regulation (4) thereof, the words "a remedial

or enforcement notice" shall be substituted by the words "a

remedial notice or an Order".

Regulation 28 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The Minister, in consultation with the

competent authority and the Agency, shall establish one or

more waste management plans, in line with the objectives

and the principles set out in regulation 2(2), regulations 4A

and 4B, and paragraph 3 of Part 1 of Schedule 5. Such

plans shall, alone or in combination, cover all Malta.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) The Minister, in consultation with the

competent authority and the Agency, shall ensure that the

waste management plan or plans

(a) include a statement of the Ministry’s

policies for attaining the objectives and principles

specified in regulations 4A and 4B and paragraph 3

of Part 1 of Schedule 5; and

(b) include the matters set out in Part 2 of

Schedule 5.";

(c)

sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) The Minister, in consultation with the

competent authority and the Agency, shall consider, in

particular, whether the matters set out in Part 3 of Schedule

5 should be included in the waste management plans."; and

(d)

sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

(4) The Minister, in consultation with the

competent authority and the Agency, shall ensure

that the waste management plans conform to the

waste planning requirements laid down in

S.L. 549. 43. regulation 10 of the Waste Management (Packaging

and Packaging Waste) Regulations, to the targets

laid down in regulation 10C(2) of these regulations

and to the requirements laid down in regulation 5 of

S.L. 549. 29. the Waste Management (Landfill) Regulations, and

for the purposes of litter prevention, to the

requirements laid down in regulation 10 of the

S.L. 549. 62. Marine

Policy Framework Regulations and

S.L. 549.100. regulation 12 of the Water Policy Framework

Regulations.".

Regulation 29 of the principal regulations shall be Amends

regulation 29 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The Minister, in consultation with the

competent authority and the Agency, shall establish waste

prevention programmes setting out at least the waste

prevention measures as laid down in regulation 10A(1) in

accordance with regulations 2(2) and 4A.

Such programmes shall be integrated either into the

waste management plans required under regulation 28 or

into other environmental policy programmes, as

appropriate, or shall function as separate programmes. If

any such programme is integrated into the waste

management plan or into those other programmes, the

waste prevention objectives and measures shall be clearly

identified.";

(b) sub-regulation (2) thereof shall substituted by the

following new sub-regulation

"(2) When establishing such programmes, the

competent authority and the Agency shall, where relevant,

describe the contribution of instruments and measures

listed in Annex IVa to Directive 2008/98/EC to waste

prevention and shall evaluate the usefulness of the

examples of measures indicated in Schedule 6 or other

appropriate measures. The programmes shall also describe

existing waste prevention measures and their contribution

to waste prevention."; and

(c)

sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) The Minister, in consultation with the

competent authority and the Agency, shall adopt specific

food waste prevention programmes within their waste

prevention programmes.".

Regulation 33 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The establishments and undertakings referred

to in regulation 19(1), the producers of hazardous waste,

and the establishments and undertakings which collect or

transport hazardous waste on a professional basis, or act as

dealers and brokers of hazardous waste, shall keep a

chronological record of

(a) the quantity, nature and origin of that

waste and the quantity of products and materials

resulting from preparing for re-use, recycling or

other recovery operations; and

(b) where

relevant, the

destination,

frequency of collection, mode of transport and

treatment method foreseen in respect of the waste.

They shall make that data available to the

competent authority through the electronic registry or

registries to be established pursuant to sub-regulation (5).";

and

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) The competent authority shall set up an

electronic registry or coordinated registries to record the

data on hazardous waste referred to in sub-regulation (1)

covering the entire geographical territory of Malta.

The competent authority may establish such

registries for other waste streams, in particular for those

waste streams for which targets are set in national and

European Union legislation. The data on waste reported by

industrial operators in the European Pollutant Release and

Transfer Register set up under Regulation (EC) No 166/

2006 of the European Parliament and of the Council * shall

be used.".

Immediately after regulation 33 of the principal Adds new

regulations there shall be added the following new regulation

(1) The establishments and undertakings

referred to in regulation 19(1) and the

establishments and undertakings which act as

dealers and brokers of waste, shall submit annual

reports to the competent authority within three (3)

calendar months of the closing of the reference year.

The competent authority shall specify the

format in which such information is to be made

available, which format shall contain guidance

concerning the presentation, structure and content

of the annual report.

(2) The competent authority may carry out, at

the expense of the operator, or may request the

operator to carry out, an audit to certify that all of

the information reported to the competent authority

is in conformity with the obligations of these

regulations.

(3) The operators referred to in sub-regulation

(1) shall submit the audit report referred to in sub-

regulation (2), where relevant, together with the

annual report referred to in sub-regulation (1).

(4) It shall be the responsibility of all the

operators referred to in sub-regulation (1) to retain

for a minimum period of five (5) years the annual

report referred to sub-regulation (1) from the date of

submission.

(5) The competent authority may request that

the Regional Councils or the Local Councils, for the

purposes of monitoring the systems set up under

regulation 10(1), submit a report to the competent

authority.

* OJ L 33, 4.2.2006, p. 1

The competent authority shall specify the

time-frame and the format in which such

information is to be made available.

(6) Without prejudice to the confidentiality of

commercially sensitive information, a copy of the

reports referred to in sub-regulations (1) and (5)

shall be made available in accordance with the

Freedom of Access to Information on the

Environment Regulations.".

23. Sub-regulation (1) of regulation 34 of the principal

regulations shall be substituted by the following new sub-regulation

(1) Without prejudice to the Abandonment,

Dumping and Disposal of Waste in Streets and

Public Places or Areas Regulations, the Minister, in

collaboration with the competent authority, shall

take the necessary measures to prohibit the

abandonment,

dumping

or

uncontrolled

management of waste, including littering.".

24. Items R 3, R 4 and R 5 of Schedule 2 to the principal

regulations shall be substituted by the following new items

"R 3 Recycling/reclamation of organic substances which

are not used as solvents (including composting and other

biological transformation processes) ( * )

R 4 Recycling/reclamation

of

metals

and

metal

compounds ( ** )

Recycling/reclamation of other inorganic materials

25. In Schedule 3 to the principal regulations, the words "HP

14 "Ecotoxic": waste which presents or may present immediate or

delayed risks for one or more sectors of the environment." shall be

substituted by the following words

"HP 14 "Ecotoxic": waste which presents or may present

immediate or delayed risks for one or more sectors of the

* This includes preparing for re-use, gasification and pyrolysis using the components

as chemicals and recovery of organic materials in the form of backfilling

** This includes preparing for re-use

*** This includes preparing for re-use, recycling of inorganic construction materials,

recovery of inorganic materials in the form of backfilling, and soil cleaning resulting in

environment.

Waste which fulfils any of the following conditions shall

be classified as hazardous by HP 14

- Waste which contains a substance classified as

ozone depleting assigned the hazard statement code H420

in accordance with Regulation (EC) No 1272/2008 of the

European Parliament and of the Council and the

concentration of such a substance equals or exceeds the

concentration limit of 0,1%.

-

[c(H420) ≥ 0,1%]

- Waste which contains one or more substances

classified as aquatic acute assigned the hazard statement

code H400 in accordance with Regulation (EC) No 1272/

2008 and the sum of the concentrations of those substances

equals or exceeds the concentration limit of 25%. A cut-off

value of 0,1% shall apply to such substances.

-

[Σ c (H400) ≥ 25%]

Waste which contains one or more substances classified

as aquatic chronic 1, 2 or 3 assigned to the hazard

statement code(s) H410, H411 or H412 in accordance with

Regulation (EC) No 1272/2008, and the sum of the

concentrations of all substances classified as aquatic

chronic 1 (H410) multiplied by 100 added to the sum of

the concentrations of all substances classified as aquatic

chronic 2 (H411) multiplied by 10 added to the sum of the

concentrations of all substances classified as aquatic

chronic 3 (H412) equals or exceeds the concentration limit

of 25%. A cut-off value of 0,1% applies to substances

classified as H410 and a cut-off value of 1% applies to

substances classified as H411 or H412.

- [100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥

25%]

- Waste which contains one or more substances

classified as aquatic chronic 1, 2, 3 or 4 assigned the

hazard statement code(s) H410, H411, H412 or H413 in

accordance with Regulation (EC) No 1272/2008, and the

sum of the concentrations of all substances classified as

aquatic chronic equals or exceeds the concentration limit

of 25%. A cut-off value of 0,1% applies to substances

classified as H410 and a cut-off value of 1% applies to

substances classified as H411, H412 or H413.

- [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥

- Where: Σ = sum and c = concentrations of the

substances.".

26. Schedule 5 to the principal regulations shall be amended as

(a)

paragraph 1 of Part 1 thereof shall be substituted by

the following new paragraph

"1. The objective of the plan is to take into

account the principles set out in regulation 2(2) and

regulations 4A and 4B, together with the principle set out

in paragraph 3.";

(b)

paragraphs 2 and 4 of Part 1 thereof shall be deleted;

(c)

Part 2 thereof shall be amended as follows

(i) sub-paragraphs (b) and (c) of paragraph 6

thereof shall be substituted by the following new

paragraphs

"(b) existing major disposal and recovery

installations, including any special arrangements

for waste oils, hazardous waste, waste containing

significant amounts of critical raw materials, or

waste streams addressed by specific national and

European Union legislation;

(c) an assessment of the need for closure of

existing waste installations, and for additional

waste installation infrastructure in accordance with

regulation 4B of these regulations.

The competent authority shall ensure that an

assessment of the investments and other financial

means, including for local authorities, required to

meet those needs is carried out. This assessment

shall be included in the relevant waste management

plans or in other strategic documents covering the

entire territory of Malta;";

(ii) in sub-paragraph (e) of paragraph 6 thereof,

the words "posing specific management problems." shall

be substituted by the words "posing specific management

problems;" and immediately thereafter there shall be added

the following new sub-paragraphs

"(f) information on the measures to

attain the objective laid down in

regulation

6(2)

of

the

Waste

S.L. 549. 29.

Management (Landfill) Regulations or

in other strategic documents covering

the entire territory of Malta;

(g) an assessment of existing waste

collection schemes, including the material and

territorial coverage of separate collection and

measures to improve its operation, of any

derogations granted in accordance with regulation

10B(3) of these regulations, and of the need for

new collection schemes;

(h) measures to combat and prevent all

forms of littering and to clean up all types of litter;

(i) appropriate qualitative or quantitative

indicators and targets, including on the quantity of

generated waste and its treatment and on municipal

waste that is disposed of or subject to energy

recovery.".

(iii) paragraph 9 thereof shall be substituted the

following new paragraph

"9. Measures in accordance with regulation

4A and paragraph 3 of Part 1 of this Schedule in

order to

(a) encourage the recycling, including

composting and digestion, of bio-waste in a

way that fulfils a high level of environment

protection and results in output which meets

relevant high-quality standards;

(b)

encourage home composting;

(c) promote the use of

materials

produced from bio-waste."; and

(iv) paragraph 12 thereof shall be re-numbered as

paragraph 12(1), and immediately after sub-paragraph (1),

there shall be added the following new sub-paragraph

"(2) The necessary measures to achieve the

targets established in regulation 10C(2).".

27. Schedule 7 to the principal regulations shall be deleted.

28. Schedule 10 to the principal regulations shall be

substituted by the following new Schedule

"SCHEDULE 10

(Regulation 6)

INFORMATION TO BE SUBMITTED ON APPLYING

FOR AN END-OF-WASTE PERMIT

Part A: Information to be included in an application for an End-

of-Waste permit

An application for an end-of-waste permit shall at least contain

the following information

a description of the intended use, including the

related processes and functions of the material once it ceases to

a description of the substituted primary material;

a description of the existent or potential market for

the material once it ceases to be waste;

evidence that the product has a market demand,

which may be in the form of possible sales evidence or a letter

of intent to purchase or obtain the said material or any other

documentation that substantiates that a market exists;

information on any relevant technical requirements,

legislation and, or standards which the material would need to

adhere to in order for it to cease to be waste;

a description and the EWC Code * of the type of

* This refers to the classification of waste based on the European List of Waste –

Commission Decision 2000/532/EC and Schedule 3 of these Regulations.

waste entering the recovery operation;

-

the expected quantity, in kilogram, of waste entering

the recovery operation and the output, in kilogram, expected to

reach end-of-waste status;

a description of the recovery operation applied in

order to achieve the end-of-waste status, including the following

information

the R code pursuant to Schedule 2;



the type of pre-treatment required (if any);



information about mixing processes and, or



ratios to be applied if more than one waste stream is

mixed;

information on any primary material and, or



non-waste materials to be mixed with the waste(s) to

produce the waste-derived product, including details on

any ratios applied; and

information on any waste materials or



substances that are to be removed throughout the recovery

operation and are not expected to reach the end-of-waste

status.

Part B: Information to be contained in the statement of

conformity

The information to be contained in a statement of conformity is

-

a signed declaration stating that the material that has

ceased to be waste has met all the criteria and permit conditions

set by the Authority.

-

details on whether the placement on the market for

the first time after the material has ceased to be waste is in

conformity with the relevant national, EU or international

chemical and product related legislation;

-

quantity, in kilogram, of the material that is placed

on the market for the first time after it has ceased to be waste;

-

the HS Code of the material if it is to be exported for

use in another Member State or third country.".

€2.88