Waste Management (Packaging and Packaging Waste)

L.N. 152 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment) Regulations, 2021

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

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

Safety Act, the Minister for the Environment, Climate Change, and

Planning, after consultation with the Environment and Resources

Authority, and the Minister for Tourism and Consumer Protection,

after consultation with the Malta Competition and Consumer Affairs

Authority, have made the following regulations:-

The title of these regulations is the Waste Management

(Packaging and Packaging Waste) (Amendment) Regulations, 2021

and these regulations shall be read and construed as one with the

Waste Management (Packaging and Packaging Waste) Regulations,

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

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

by Directive 2004/12/EC of the European Parliament and of the

Council of 11 February 2004 amending Directive 94/62/EC on

packaging and packaging waste and Directive 2005/20/EC of

the European Parliament and of the Council of 9 March 2005

amending Directive 94/62/EC on packaging and packaging

waste" shall be substituted by the words "as amended by

Directive 2004/12/EC of the European Parliament and of the

Council of 11 February 2004 amending Directive 94/62/EC on

packaging and packaging waste, Directive 2005/20/EC of the

European Parliament and of the Council of 9 March 2005

amending Directive 94/62/EC on packaging and packaging

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

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

as regards reducing the consumption of lightweight plastic

carrier bags and Directive (EU) 2018/852 of the European

Parliament and of the Council of 30 May 2018 amending

Directive 94/62/EC on packaging and packaging waste."; and

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

following new sub-regulation

"(4) These regulations lay down measures aimed,

as a first priority, at preventing the production of

packaging waste and, as additional fundamental principles,

at reusing packaging, at recycling and other forms of

recovering packaging waste and, therefore, at reducing the

final disposal of such waste in order to contribute to the

transition towards a circular economy.".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

follows

(i)

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

S.L. 595. 28.

Agency (Establishment) Order;";

(ii)

the definition "authorised packaging waste

recovery scheme" shall be substituted by the following

new definition

" "authorised packaging waste recovery

organisation" means a producer responsibility

organisation as defined in regulation 3 of the

Extended Producer Responsibility Framework

L.N. 151 of

2021. Regulations as authorised by the competent

authority in accordance with these regulations,

whose members, by virtue of these regulations

and their membership of that organisation, are

exempt from part of these regulations;";

(iii)

the definition "back-end store packaging"

shall be deleted;

(iv)

the definition "composite packaging" shall

be substituted by the following new definition

" "composite packaging" shall mean

packaging made of two or more layers of different

materials which cannot be separated by hand and

form a single integral unit, consisting of an inner

receptacle and an outer enclosure, that it is filled,

stored, transported and emptied as such;";

(v)

the definition "consumer packaging" shall

be deleted;

(vi)

the definition "disposal" shall be deleted;

(vii)

the definition "energy recovery" shall be

deleted;

(viii) immediately

after

the

definition

"distributor", there shall be added the following new

definition

" "Extended Producer Responsibility

Consultative Committee" or "EPR Consultative

Committee" means the committee established

under regulation 5 of the Extended Producer

L.N. 151 of

2021. Responsibility Framework Regulations;";

(ix)

immediately

after

the

definition

"lightweight plastic carrier bags", there shall be added the

following new definition

" "making available on the market" means any

supply of packaging, packaging material or

packaged goods for distribution, consumption or

use on the market in Malta in the course of a

commercial activity, whether in return for payment

or free of charge;";

(x)

immediately after the definition "the

Minister", there shall be added the following new

definition

" "municipal packaging waste" means the

share of packaging waste in municipal waste as

defined in the Waste Regulations;";

S.L. 549. 63.

(xi)

the definition "organic recycling" shall be

deleted;

(xii) the definition "packaging waste recovered

or incinerated at waste incineration plants with energy

recovery" shall be deleted;

(xiii) immediately after the definition "packaging

waste" there shall be added the following new definition

" "placing on the market" means the first

making available of packaging, packaging material

or packaged goods on the market in Malta;";

(xiv)

the definition "prevention" shall be deleted;

(xv)

the definition "put on the market" shall be

deleted;

(xvi) the definition "rate of recovery or

incineration at waste incineration plants with energy

recovery" shall be deleted;

(xvii) the definition "recovered packaging waste"

shall be deleted;

(xviii) the definition "recycled packaging waste"

shall be deleted;

(xix)

the definition "recycling" shall be deleted;

(xx)

the definition "recycling rate" shall be

deleted;

(xxi)

the definition "reuse" shall be deleted;

(xxii) immediately after the definition "product

loops which are in a closed and controlled chain", there

shall be added the following new definition

" "reusable packaging" shall mean packaging

which has been conceived, designed and placed on

the market to accomplish within its lifecycle

multiple trips or rotations by being refilled or

reused for the same purpose for which it was

conceived;"; and

(b)

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

following new sub-regulation

(2) The definitions "disposal", "waste",

"waste management", "collection", "separate

collection", "prevention", "reuse", "treatment",

"recovery" and "recycling" shall have the same

meaning as that laid down in regulation 4 of the

Waste Regulations and the definition "extended

S.L. 549. 63.

producer responsibility scheme" shall have the

same meaning as that laid down in the

Extended Producer Responsibility Framework

L.N. 151 of

2021. Regulations.".

Regulation 8 of the principal regulations shall be

substituted by the following new regulation

(1) Producers or authorised packaging

and recycling

waste recovery organisations acting on their behalf

shall take necessary measures to attain the targets

laid down in Schedule 3.

(2) Without prejudice to paragraph (a) of

section 2 and paragraph (a) of section 3 of Schedule

3, the Minister may postpone the deadlines for

attaining the targets referred to in paragraph (b) of

section 2 and paragraph (b) of section 3 of Schedule

3 by up to five years, under the following

conditions

(a)

the derogation is limited to a

maximum of 15 percentage points from a

single target or divided between two targets;

(b) as a result of the derogation, the

recycling rate for a single target is not

reduced below 30%;

(c)

as a result of the derogation, the

recycling rate for a single target referred to in

paragraph (b)(v) and (vi) of section 2 and

paragraph (b)(v) and (vi) of section 3 of

Schedule 3 is not reduced below 60%; and

(d) at the latest twenty-four months

before the respective deadline laid down in

paragraph (b) of section 2 and paragraph (b)

of section 3 of Schedule 3, the Minister

notifies the European Commission of his

intention to postpone the respective deadline

and submits an implementation plan in

accordance with Annex IV to Directive 94/

62/EC. The Minister may combine that plan

with an implementation plan submitted

pursuant to the Waste Regulations.

(3) Packaging waste generated in Malta may

be deemed to be equal to the amount of packaging

placed on the market in the same calendar year

within the territory of Malta by each producer.

(4) For the purpose of calculating whether the

targets laid down in sections 2 and 3 of Schedule 3

have been attained

(a)

the weight of packaging waste

generated and recycled in a given calendar

year shall be calculated; and

(b) the weight of packaging waste

recycled shall be calculated as the weight of

packaging that has become 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.

(5) For the purposes of sub-regulation (4)(a),

the weight of packaging waste recycled shall be

measured when the waste enters the recycling

operation

Provided that by way of derogation, the

weight of the packaging 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.

(6) The competent authority shall establish an

effective system of quality control and traceability

of the packaging waste to ensure that the conditions

laid down in sub-regulations (4)(a) and (5)(a) and

(b) are met. To ensure the reliability and accuracy of

the data gathered on recycled packaging waste, the

system may consist of electronic registries set up

pursuant to regulation 33(5) of the Waste

Regulations, 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 otherwise obtained and shall be

calculated on the basis of the calculation rules

established in accordance with Article 11a(10) of

Directive 2008/98/EC.

(7) For the purposes of calculating whether the

targets laid down in sections 2 and 3 of Schedule 3

have been attained, the amount of biodegradable

packaging 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.

(8) The amount of packaging 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.

(9) For the purposes of calculating whether the

targets laid down in sections 2 and 3 of Schedule 3

have been attained, the recycling of metals

separated after incineration of waste in proportion

to the share of the packaging waste incinerated may

be taken into account provided that the recycled

metals meet certain quality criteria laid down in

Commission Decision 2005/270 (EC) establishing

the formats relating to the database system pursuant

to Directive 94/62/EC of the European Parliament

and of the Council on Packaging and Packaging

Waste as amended.

(10) Packaging waste sent to another Member

State for the purposes of recycling in that other

Member State may only be counted towards the

attainment of the targets laid down in sections 2 and

3 of Schedule 3 by the competent authority in which

that packaging waste was collected.

(11) Packaging waste exported from the

European Union shall count towards the attainment

of the targets laid down in sub-regulation (1) only if

the requirements of sub-regulation (6) are met and

if, in accordance with Regulation (EC) No 1013/

2006 of the European Parliament and of the

Council, the exporter can prove that the shipment of

waste complies with the requirements of that

Regulation and that the treatment of packaging

waste outside the European Union took place in

conditions that are broadly equivalent to the

requirements of the relevant European Union

environmental law.

(12) For the application of this regulation, the

rules for calculation, verification and reporting of

data, in particular as regards the weight of

packaging waste generated, laid down in

Commission Decision 2005/270 (EC) establishing

the formats relating to the database system pursuant

to Directive 94/62/EC of the European Parliament

and of the Council on Packaging and Packaging

Waste as amended shall apply.".

5. Regulation 9 of the principal regulations shall be

substituted by the following new regulation

" Information

The competent authority shall maintain a

systems and

database containing annual records about packaging

reporting.

and packaging waste according to the format

specified in Article 12(2) and Annex III to Directive

94/62/EC, as amended.".

6. Regulation 10 of the principal regulations shall be

amended as follows

(a)

the marginal note thereof shall be substituted by the

words "National measures.";

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

competent authority shall take such measures" shall be

substituted by the words "The Minister, in consultation with the

competent authority and the Agency, shall take measures"; and

(c)

paragraph (a) of sub-regulation (1) thereof shall be

substituted by the following new paragraph

"(a) ensure that, in addition to the measures taken

in accordance with regulation 4, other preventive measures

are implemented in order to prevent generation of

packaging waste and to minimise the environmental

impact of packaging. Such other preventive measures may

consist of national programmes, incentives through

extended producer responsibility schemes to minimise the

environmental impact of packaging, or similar actions

adopted, if appropriate, in consultation with relevant

stakeholders such as economic operators, and consumer

and environmental organisations, and designed to bring

together and take advantage of the many initiatives taken

within Malta as regards prevention.

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 or other

appropriate instruments and measures;".

7. Immediately

after

regulation

of

the

principal

regulations, there shall be added the following new regulation

(1) In line with the waste hierarchy laid

down in regulation 4A of the Waste Regulations, the

Minister, in consultation with the competent

authority and the Agency, shall take measures to

encourage the increase in the share of reusable

packaging placed on the market and of systems to

reuse packaging in an environmentally sound

manner, without compromising food hygiene or the

safety of consumers. Such measures may include,

inter alia

(a) the use of deposit-return schemes;

(b) the setting of qualitative or

quantitative targets;

(c) the use of economic incentives;

(d) the setting up of a minimum

percentage of reusable packaging placed on

the market every year for each packaging

stream.

(2) The competent authority may decide that

producers or authorised packaging waste recovery

organisations acting on their behalf attain an

adjusted level of the targets referred to in sections 2

and 3 of Schedule 3 for a given year by taking into

account the average share, in the preceding three

years, of reusable sales packaging placed on the

market for the first time and reused as part of a

system to reuse packaging.

(3) The adjusted level referred to in sub-

regulation (2) shall be calculated by subtracting

(a) from the targets laid down in

paragraph (a) of section 2 and paragraph (a) of

section 3 of Schedule 3, the share of the

reusable sales packaging referred to in sub-

regulation (2) in all sales packaging placed on

the market; and

(b) from the targets laid down in

paragraph (b) of section 2 and paragraph (b) of

section 3 of Schedule 3, the share of the

reusable sales packaging referred to in sub-

regulation (2), composed of the respective

packaging material, in all sales packaging

composed of that material placed on the

market

Provided that no more than five percentage

points of such share shall be taken into account for

the calculation of the respective adjusted target

level.

(4) The amounts of wooden packaging that is

repaired for reuse may be taken into account in the

calculation for the attainment of the targets laid

down in paragraphs (a) and (b)(ii) of section 2 and

(a) and (b)(ii) of section 3 of Schedule 3.

(5) The rules for calculation laid down in

Commission Decision 2005/270 (EC) establishing

the formats relating to the database system pursuant

to Directive 94/62/EC of the European Parliament

and of the Council on Packaging and Packaging

Waste as amended shall apply for sub-regulations

(2), (3) and (4).".

8. Regulation 13 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be amended as

(i) in paragraph (a) thereof the words ", ensuring

that these systems are open to all economic operators"

shall be deleted;

(ii) in paragraph (b) thereof, the words

"packaging waste collected;" shall be substituted by the

words "packaging waste collected."; and

(iii) paragraph (c) thereof shall be deleted;

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

following new sub-regulation

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

shall be open to the participation of the economic operators

of the sectors concerned and to the participation of the

competent public authorities. They shall also apply to

imported products under non-discriminatory conditions,

including the detailed arrangements and any tariffs

imposed for access to the systems, and shall be designed so

as to avoid barriers to trade or distortions of competition in

conformity with the Treaty on the Functioning of the

European Union.";

(c)

sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

"(5) The measures referred to in sub-regulations

(1), (4) and (8) shall form part of a policy covering all

packaging and packaging waste and shall take into

account, in particular, requirements regarding the

protection of the environment and consumer health, safety

and hygiene, the protection of the quality, the authenticity

and the technical characteristics of the packed goods and

materials used, and the protection of industrial and

commercial property rights.";

(d) sub-regulation (6) thereof shall be substituted by the

following new sub-regulation

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

transport packaging shall ensure that packaging waste

arising on their premises undergoes proper treatment,

necessary for the achievement of the recovery and

recycling targets set out in Schedule 3.

Without prejudice to regulation 28, a self-

compliant producer who fails to achieve the minimum

overall recycling target set out in regulation 8 shall submit

to the competent authority an additional fee as prescribed

in Part B of Schedule 8

Provided that until the producer submits to

the competent authority the additional fee as prescribed in

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

renewed his registration in accordance with regulation

21(2).";

(e)

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

following new sub-regulation

"(7) An authorised packaging waste recovery

organisation shall finance any systems set up for

the

collection,

treatment,

recovery

and

environmentally sound disposal of municipal

packaging waste generated

Provided that an authorised packaging

waste recovery organisation shall make the

necessary arrangements with Local Councils for

(a) the door-to-door collection of

municipal packaging waste generated; and

(b) the provision of recycling points for

the separate collection, by categories, of

municipal packaging waste generated

according to the quota stipulated in regulation

10(2) of the Waste Regulations. For the

purposes of recycling points under this

provision, separate collection shall not

include co-mingled collection in accordance

with the definition of co-mingled collection

in regulation 4 of the Waste Regulations

Provided further that should authorised

packaging waste recovery organisations fail to

reach an agreement with particular Local Councils,

the competent authority, in consultation with the

EPR Consultative Committee, shall allocate those

Local Councils without arrangements amongst

authorised packaging waste recovery organisations

on the basis of

(a)

the latest quarterly declaration

submitted by the authorised packaging waste

recovery organisation in accordance with

regulation 17(1); and

(b) the actual demographics of those

Local Councils.

(f) immediately after sub-regulation (7) thereof, there shall be

added the following new sub-regulations

"(8) The competent authority, in consultation

with the EPR Consultative Committee, shall ensure

that by 31 December of 2024 extended producer

responsibility schemes are established for all

packaging in accordance with the provisions of the

Extended Producer Responsibility Framework

2021. Regulations.

(9) The Minister, in consultation with the

competent authority and the Agency, shall take

measures to promote high quality recycling of

packaging waste and to meet the necessary quality

standards for the relevant recycling sectors. To that

end, regulation 10C(1) of the Waste Regulations

shall apply to packaging waste, including for

composite packaging.".

9. Regulation 16 of the principal regulations shall be Amends

regulation 16 of

amended as follows

the principal

regulations.

(a)

in sub-article (1) thereof, the second figure "16."

shall be deleted; and

(2) sub-regulations (2), (3) and (4) thereof shall be

substituted by the following new sub-regulations

"(2) For the purposes of achieving the objectives

of these regulations, producers are obliged to join a

packaging waste recovery organization duly authorized by

the competent authority for all packaging placed on the

market

Provided that producers can opt to be self-

compliant for transport packaging or the share thereof

placed on the market.

(3) If the producer opts to self-comply, the

producer is obliged to sign an agreement with the

distributor(s) to collect back the transport packaging waste.

If no agreement is in place, participation in a packaging

waste recovery organisation for all of the transport

packaging at the distributor’s end shall be required.

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

authorised packaging waste recovery organisation for the

transport packaging, they shall do so for all categories of

packaging.".

10. Regulation 17 of the principal regulations shall be Amends

regulation 17 of

amended as follows

the principal

regulations.

(a)

in paragraph (c) of sub-regulation (1) thereof, the

words "in a statement of compliance.", shall be substituted by

the words "in a statement of compliance;", and immediately

thereafter there shall be added the following new paragraph

"(d) Provide on a quarterly basis, a declaration,

containing information on the actual weight of packaging

or packaging material placed on the national market by the

members of the authorised packaging waste recovery

organisations during the previous quarter of the calendar

year. Such declaration shall be submitted to the Authority,

in the format established by the Authority, within one (1)

calendar month following the end of that quarter.";

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

following new sub-regulation

"(2) The authorised packaging waste recovery

organisation shall submit a half-yearly report to the

competent authority within three (3) calendar months

following the end of that period, whereas an annual report

shall be submitted to the competent authority within four

(4) calendar months of the closing of the year.

The half-yearly and annual reports shall

contain at least the information set out in Part A and Part B

of Schedule 7 together with any other information as

specified in the authorisation issued by the competent

authority.

The half-yearly and annual reports shall be

issued and signed by any of the authorised signatories

referred to in Schedule 13."; and

(c)

in sub-regulation (3) thereof, the words "a copy of

the quarterly" shall be substituted by the words "a digital copy

of the half-yearly".

Immediately after sub-regulation (7) of regulation 21 of

the principal regulations, there shall be added the following new sub-

regulations

"(8) A producer who sells packaging or packaging

material by means of distance communication directly to

consumers in Malta and is established in another EU Member

State or third country shall upon applying for registration

according to sub-regulation (1) appoint a legal or natural person

established in Malta as an authorised representative responsible

for fulfilling his obligations in Malta, pursuant to these

regulations, for the packaging or packaging material being sold

on the territory of Malta.

(9) Appointment of an authorised representative shall

be made by written mandate by means of a declaration as set out

in Schedule 14.".

Regulation 24 of the principal regulations shall be

amended as follows

(a) in sub-regulation (5) thereof, the words "Such period shall

in no case exceed three(3) years" shall be deleted;

(b) sub-regulation (10) thereof shall be substituted by the

following

"(10) Without prejudice to regulation 28, an authorised

packaging waste recovery organisation that fails to achieve the

the minimum overall recycling target set out in regulation 8 shall

submit to the competent authority an additional fee as

prescribed in Part B of Schedule 11.".

Schedule 2 to the principal regulations shall be amended as Amends

Schedule 2 to

follows

the principal

regulations.

(a)

the second sub-paragraph under paragraph 1 thereof

shall be substituted by the following

"-

Packaging shall be designed, produced and

commercialised in such a way as to permit its reuse or

recovery, including recycling, in line with the waste

hierarchy, and to minimise its impact on the environment

when packaging waste or residues from packaging waste

management operations are disposed of.";

(b) in sub-paragraph (c) of paragraph 3 thereof, the

word "should" shall be substituted by the word "does"; and

(c)

in sub-paragraph (d) thereof, immediately after the

words "biomass and water." there shall be added the words

"Oxo-degradable plastic packaging shall not be considered as

biodegradable.".

Schedule 3 to the principal regulations shall be substituted Substitutes

Schedule 3 to

by the following new Schedule

the principal

regulations.

"SCHEDULE 3

(Regulation 8)

RECOVERY AND RECYCLING TARGETS

Producers or authorised packaging waste recovery

1. organisations acting on their behalf shall take the necessary measures

to ensure that in any year

(a) 60% as a minimum by weight of packaging waste is

recovered or incinerated at waste incineration plants with

energy recovery; and

(b)

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

weight of packaging waste is recycled; and

(c) the following minimum recycling targets for

materials contained in packaging waste are attained

(i)

60% by weight for glass;

(ii) 60% by weight for paper and board;

(iii) 50% by weight for metals;

(iv) 22.5% by weight for plastics;

(v)

15% by weight for wood.

2. By not later than 31 December 2025, producers or

authorised packaging waste recovery organisations acting on their

behalf shall take the necessary measures to ensure that in any year

(a) a minimum of 65% by weight of all packaging waste

will be recycled; and

(b)

the following minimum targets by weight for

recycling will be met regarding the following specific materials

contained in packaging waste

(i)

50% of plastic;

(ii) 25% of wood;

(iii) 70% of ferrous metals;

(iv) 50% of aluminium;

(v)

70% of glass;

(vi) 75% of paper and cardboard.

3. By not later than 31 December 2030, producers or

authorised packaging waste recovery organisations acting on their

behalf shall take the necessary measures to ensure that in any year

(a) a minimum of 70% by weight of all packaging waste

will be recycled; and

(b) the following minimum targets by weight for

recycling will be met regarding the following specific materials

contained in packaging waste

(i)

55% of plastic;

(ii) 30% of wood;

(iii) 80% of ferrous metals;

(iv) 60% of aluminium;

(v)

75% of glass;

(vi) 85% of paper and cardboard.".

Schedule 4 to the principal regulations shall be deleted.

Deletes

Schedule 4 to

the principal

regulations.

Schedule 5 to the principal regulations shall be amended as Amends

Schedule 5 to

the principal

regulations.

(a)

the words "Name and address" shall be substituted

by the words "- Name and address", and the phrase shall

become the first paragraph of Part A thereof;

(b) the sixth paragraph of Part A thereof shall be

substituted by the following new paragraph

"-

Type of packaging or packaging material

placed on the market (sales packaging or grouped

packaging or transport packaging)"; and

(c)

the third and fourth paragraphs of Part B thereof

shall be substituted by the following new paragraphs

"-

Quantities of packaging or packaging

material placed on the national market, by weight and by

material during the specific reporting period in accordance

with the reporting formats to be established by the

competent authority;

-

Quantities of sales packaging or packaging

material placed on the national market, by weight and by

material during the specific reporting period in accordance

with the reporting formats to be established by the

competent authority;

-

Quantities of reusable packaging or

packaging material placed on the national market, by

weight and by material during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

Quantities of reusable sales packaging or

packaging material placed on the national market, by

weight and by material during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

The number of rotations for all reusable

packaging during the specific reporting period multiplied

by their mass in accordance with the reporting formats to

be established by the competent authority;

-

The number of rotations for all reusable sales

packaging during the specific reporting period multiplied

by their mass in accordance with the reporting formats to

be established by the competent authority;

-

Quantities, by weight, of wooden packaging,

that has been repaired during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

Quantities, by weight and by material, of

collected packaging waste that has been recycled and

recovered during the specific reporting period in

accordance with the reporting formats to be established by

the competent authority;".

Schedule 7 to the principal regulations shall be amended as

(a)

the sub-heading thereof shall be substituted by the

following new sub-heading

"Information to be contained in the half-yearly and

annual reports of an authorised packaging waste recovery

organisation"; and

(b) the second and third paragraphs of Part A thereof

shall be substituted by the following new paragraphs

"-

Quantities of packaging or packaging

material placed on the national market by the producers

who participate in the producer responsibility organisation,

by weight and by material during the specific reporting

period in accordance with the reporting formats to be

established by the competent authority;

-

Quantities of sales packaging or packaging

material placed on the national market, by weight and by

material during the specific reporting period in accordance

with the reporting formats to be established by the

competent authority;

-

Quantities of reusable packaging or

packaging material placed on the national market, by

weight and by material during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

Quantities of reusable sales packaging or

packaging material placed on the national market, by

weight and by material during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

The number of rotations for all reusable

packaging during the specific reporting period multiplied

by their mass in accordance with the reporting formats to

be established by the competent authority;

-

The number of rotations for all reusable sales

packaging during the specific reporting period multiplied

by their mass in accordance with the reporting formats to

be established by the competent authority;

-

Quantities, by weight, of wooden packaging,

that has been repaired during the specific reporting period

in accordance with the reporting formats to be established

by the competent authority;

-

Quantities, by weight and by material, of

collected packaging waste that has been recycled and

recovered during the specific reporting period in

accordance with the reporting formats to be established by

the competent authority;".

Part B of Schedule 8 to the principal regulations shall be Amends

Schedule 8 to

substituted by the following new Part

the principal

regulations.

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

packaging or packaging material

A self-compliant producer of packaging or packaging

material who failed to achieve the overall minimum recycling

target set out in Schedule 3 during the previous operational year,

shall submit an additional fee to the Authority within 3 months

of the following year, calculated as follows

A*(B - C)*D = AF self-compliant

where

"A" is the weight, in tonnes of transport packaging placed

on the market in Malta during the operational year;

"B" is the overall minimum recycling target set out in

Schedule 3 applicable for that operational year;

"C" is the rate of transport packaging waste recycled by the

self-compliant producer during the previous operational year,

provided that, if C is greater than or equal to B, AF self-compliant

would be considered to be equal to zero (0);

"D" is a fee equivalent to

-

three hundred and twenty euro (€320) per

tonne if the difference between "B" and "C" is more than

25 percentage points;

-

two hundred and fifty euro (€250) per tonne if

the difference between "B" and "C" is between 10 to 25

percentage points, both inclusive; and

-

one hundred and eighty euro (€180) per tonne

if the difference between "B" and "C" is less than 10

percentage points;

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

producer who failed to achieve the overall minimum recycling

target.

The competent authority shall indicate the administrative

procedure for the issuing and collection of such additional fee,

and shall notify the producer accordingly.

All revenue generated under Part B of this Schedule shall

be payable to the Waste Management Fund as established in

regulation 37 of the Waste Regulations (S.L. 549.63).".

Part B of Schedule 11 to the principal regulations shall be

substituted by the following new Part

"Part B: Additional fee for an authorised packaging waste

recovery organisation

A packaging waste recovery organisation that failed to

achieve the overall minimum recycling target set out in

Schedule 3 during the previous operational year shall submit an

additional fee to the Authority within 6 months of the following

year, calculated as follows

A*(B - C)*D = AF PRO

where

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

packaging material put on the market in Malta by its members

during the previous operational year;

"B" is the overall minimum recycling target set out in

Schedule 3 applicable for that operational year;

"C" is the rate of total packaging waste recycled by the

packaging waste recovery organisation during the previous

operational year, provided that, if C is greater than or equal to B,

AF PRO would be considered to be equal to zero (0);

"D" is a fee equivalent to

-

one hundred euro (€100) per tonne if the

difference between "B" and "C" is more than 25 percentage

points;

-

seventy-five euro (€75) per tonne if the

difference between "B" and "C" is between 10 to 25

percentage points, both inclusive; and

-

fifty-five euro (€55) per tonne if the

difference between "B" and "C" is less than 10 percentage

points;

"AF PRO " is the additional fee for an authorised packaging

waste recovery organisation that failed to achieve the overall

minimum recycling target.

The competent authority shall indicate the administrative

procedure for the issuing and collection of such additional fee,

and shall notify the authorised packaging waste recovery

organisation accordingly.

All revenue generated under this Schedule shall be payable

to the Waste Management Fund as established in regulation 37

of the Waste Regulations (S.L.549.63).".

Immediately after Schedule 13 to the principal regulations

there shall be added the following new Schedule

"Schedule 14

(Regulation 21A)

Written Mandate Declaration

Name of Producer

Address

hereby appoints

Name of legal or natural person established in Malta

Address

, as the producer’s authorised representative in Malta in

accordance with regulation 21A.

Name of legal or natural person established in Malta

hereby represents and undertakes the responsibilities as the

authorised representative in Malta for

Name of Producer

, in accordance with the Waste Management (Packaging &

Packaging Waste) Regulations.

This mandate, signed by both parties, commences on the date of

signature unless otherwise declared, and will cease once either

party informs the competent authority in Malta managing the

national register that this mandate has been terminated.

On one part,

Name of Producer

Signature

Date

On one other part,

Name of Authorised Representative

Signature

Date:".

(1) In the principal regulations, the words "packaging Amends various

waste recovery scheme", wherever they occur, shall be substituted by provisions

the principal

the words "packaging waste recovery organisation".

regulations.

(2) In the principal regulations, the word "scheme", wherever

it occurs, provided that such word is not part of the phrase "packaging

waste recovery scheme", shall be substituted by the words "producer

responsibility organisation".

(3) In the principal regulations, the words "put on the market",

wherever they occur, shall be substituted by the words "placed on the

market"; and for the words "putting on the market", wherever they

occur, there shall be substituted the words "placing on the market".

€2.25