Waste (Amendment No. 2) Regulations, 2021

L.N. 451 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste (Amendment No. 2) 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 No.

2) Regulations, 2021 and these regulations shall be read and construed

as one with the Waste Regulations, hereinafter referred to as "the

principal regulations".

(Regulation 10C(3))

IMPLEMENTATION PLAN

The implementation plan to be submitted pursuant to sub-

regulation (3) of regulation 10C shall contain the following

1. Assessment of the past, current and projected rates of

recycling, landfilling and other treatment of municipal waste and the

streams of which it is composed.

2. Assessment of the implementation of waste management

plans and waste prevention programmes in place pursuant to

regulations 28 and 29.

3. Reasons for which Malta considers that it might not be able

to attain the relevant target laid down in sub-regulation (2) of

regulation 10C within the deadline set therein and an assessment of the

time extension necessary to meet that target.

4. Measures necessary to attain the targets set out in sub-

regulations (2) and (5) of regulation 10C that are applicable to Malta

during the time extension, including appropriate economic instruments

and other measures to provide incentives for the application of the

waste hierarchy as set out in regulation 4A and Schedule 12.

5. A timetable for the implementation of the measures

identified in item 4, determination of the body competent for their

implementation and an assessment of their individual contribution to

attaining the targets applicable in the event of a time extension.

6. Information on funding for waste management in line with

the polluter-pays principle.

7. Measures to improve data quality, as appropriate, with a

view to better planning and monitoring performance in waste

management.".

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In the Arrangement of Regulations, immediately after the

words "in regulation 7" there shall be added the following

"Schedule 11

Waste Management Fund

Schedule 12

Examples of Economic Instruments

and other Measures to Provide Incentives

for the Application of the Waste Hierarchy

referred to in regulation 4A

Schedule 13

Implementation Plan".

Sub-regulation (3) of regulation 4A of the principal

regulations shall be substituted by the following new sub-regulation

"(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 Schedule 12 or

other appropriate instruments and measures.".

Regulation 10C of the principal regulations shall be

amended as follows

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

following new sub-regulation

"(3) The Minister may postpone the deadlines for

attaining the targets referred to in paragraphs (a), (b) and

(c) of sub-regulation (2) by up to five (5) years, provided

that

(a) Malta has prepared for re-use and

recycled less than twenty per cent (20%) or

landfilled more than sixty per cent (60%) of its

municipal waste generated in 2013 as reported

under the Joint Questionnaire of the OECD and

Eurostat; and

(b) at the latest twenty-four (24) months

before the respective deadline laid down in

paragraphs (a), (b) and (c) of sub-regulation (2), the

Minister notifies the Commission of its intention to

postpone the respective deadline and submits an

implementation plan in accordance with Schedule

13."; and

(b) immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulations

"(4) Within three (3) months of receipt of the

implementation plan submitted pursuant to paragraph (b)

of sub-regulation (3), the Commission may request Malta

to revise the plan if the Commission considers that the

plan does not comply with the requirements set out in

Schedule 13. Malta shall submit a revised plan within

three (3) months of the receipt of the Commission’s

request.

(5) In the event of postponing the attainment of

the targets in accordance with sub-regulation (3), the

Minister, in consultation with the competent authority

and the agency, shall take the necessary measures to

increase the preparing for re-use and the recycling of

municipal waste

(a) to a minimum of fifty per cent (50%) by

2025 in the event of postponing the deadline for

attaining the target referred to in paragraph (a) of

sub-regulation (2);

(b) to a minimum of fifty-five per cent

(55%) by 2030 in the event of postponing the

deadline for attaining the target referred to in

paragraph (b) of sub-regulation (2);

(c) to a minimum of sixty per cent (60%)

by 2035 in the event of postponing the deadline for

attaining the target referred to in paragraph (c) of

sub-regulation (2).".

In sub-regulation (2) of regulation 29 of the principal

regulations, the words "Annex IVa to Directive 2008/98/EC" shall be

substituted by the words "Schedule 12".

Immediately after Schedule 11 to the principal regulations

there shall be added the following new Schedules

"SCHEDULE 12

EXAMPLES OF ECONOMIC INSTRUMENTS AND OTHER

MEASURES TO PROVIDE INCENTIVES FOR THE

APPLICATION OF THE WASTE HIERARCHY REFERRED TO IN

REGULATION 4A

1. Charges and restrictions for the landfilling and incineration

of waste which incentivise waste prevention and recycling, while

keeping landfilling the least preferred waste management option.

2. "Pay-as-you-throw" schemes that charge waste producers

on the basis of the actual amount of waste generated and provide

incentives for separation at source of recyclable waste and for

reduction of mixed waste.

3. Fiscal incentives for donation of products, in particular

4. Extended producer responsibility schemes for various types

of waste and measures to increase their effectiveness, cost efficiency

and governance.

5. Deposit-refund schemes and other measures to encourage

efficient collection of used products and materials.

6. Sound planning of investments in waste management

infrastructure, including through European Union funds.

Sustainable public procurement to encourage better waste

management and the use of recycled products and materials.

Phasing out of subsidies which are not consistent with the

waste hierarchy.

Use of fiscal measures or other means to promote the

uptake of products and materials that are prepared for re-use or

Support to research and innovation in advanced recycling

technologies and remanufacturing.

Use of best available techniques for waste treatment.

Economic incentives for regional and local authorities, in

particular to promote waste prevention and intensify separate

collection schemes, while avoiding support to landfilling and

incineration.

Public awareness campaigns, in particular on separate

collection, waste prevention and litter reduction, and mainstreaming

these issues in education and training.

Systems for coordination, including by digital means,

between all competent public authorities involved in waste

management.

Promoting continuous dialogue and cooperation between

all stakeholders in waste management and encouraging voluntary

agreements and company reporting on waste.