Waste Management (Packaging and Packaging Waste)

L.N. 452 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

PRODUCT SAFETY ACT

(CAP. 427)

Waste Management (Packaging and Packaging Waste)

(Amendment No. 2) 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, on

the advice of the Director General (Technical Regulations), have made

the following regulations:-

The title of these regulations is the Waste Management

(Packaging and Packaging Waste) (Amendment No. 2) 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".

Paragraph (d) of sub-regulation (2) of regulation 8 of the

principal regulations, shall be substituted by the following new

paragraph

" (d) at the latest twenty-four (24) 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 Schedule 15.

The Minister may combine that plan with an

implementation plan submitted pursuant to the Waste

Regulations

Provided that within three (3) months of

receipt of the implementation plan submitted, 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 15. Malta shall

submit a revised plan within three (3) months of receipt

of the Commission’s request.".

Regulation 9 of the principal regulations shall be Substitutes

substituted by the following new regulation

" Information

The competent authority shall maintain a

database containing annual records about packaging and

packaging waste according to the format specified in

Schedule 4 and shall provide in particular information on

the magnitude, characteristics and evolution of the

packaging and packaging waste flows at the national

level, including information on the toxicity or danger of

packaging materials and components used for their

manufacture.".

4. In paragraph (a) of sub-regulation (1) of regulation 10 of regulation 10 of

the principal regulations, the words "Annex IVa to Directive 2008/98/ regulations.

EC" shall be substituted by the words "Schedule 12 of the Waste S.L. 549. 63.

Regulations".

5. Schedule 4 to the principal regulations shall be substituted Substitutes

by the following new Schedule

"SCHEDULE 4

(Regulation 9)

DATA TO BE INCLUDED BY THE COMPETENT AUTHORITY IN

ITS DATABASE ON PACKAGING AND PACKAGING WASTE (IN

ACCORDANCE WITH TABLES 1 TO 4)

1. For primary, secondary and tertiary packaging

(a) quantities, for each broad category of material, of

packaging consumed within the country (produced + imported -

exported) (Table 1);

(b)

quantities reused (Table 2).

2. For household and non-household packaging waste

(a) quantities for each broad category of material,

recovered and disposed of within the country (produced +

imported - exported) (Table 3);

(b) quantities recycled and quantities recovered for each

broad category of material (Table 4).

TABLE 1: Quantity of packaging (primary, secondary and

tertiary) consumed within the national territory

Tonnage

-

+

= Total

Produced Tonnage

Tonnage

Exported

imported

Plastic

Paper/

Ferrous

Aluminium

TABLE 2: Quantity of packaging (primary, secondary and

tertiary) reused within the national territory

Tonnage

Reusable

Reusable

sales

of packaging packaging

packaging

placed on the

market for the Tonnage Percentage Tonnage Percentage

first time

Plastic

Paper/

Ferrous

Aluminiu

TABLE 3: Quantity of packaging waste recovered and disposed

of within the national territory

Tonnag

-

+

= Total

e of waste Tonnage

of Tonnage

of

produced waste

waste

exported

imported

Household

waste

Glass

packaging

Plastic

packaging

Paper/

cardboard

packaging

Cardboard

composite

packaging

Ferrous metal

packaging

Aluminium

packaging

Wood

packaging

Total

household

packaging waste

Non-

household waste

Glass

packaging

Plastic

packaging

Paper/

cardboard

packaging

Cardboard

composite

packaging

Ferrous metal

packaging

Aluminium

packaging

Wood

packaging

Total

non-

household

packaging waste

TABLE 4: Quantity of packaging waste recycled or recovered

within the national territory

Total

Quantity recycled

Quantity

tonnage

recovered

recovered and

Tonn

Percen

Ton

Perce

disposed of

age

tage

nage

ntage

Household

waste

Glass

packaging

Plastic

packaging

Paper/

cardboard

packaging

Cardboard

composite

packaging

Ferrous

metal packaging

Aluminium

packaging

Wood

packaging

Total

household

packaging

waste

Non-

household waste

Glass

packaging

Plastic

packaging

Paper/

cardboard

packaging

Cardboard

composite

packaging

Ferrous

metal packaging

Aluminium

packaging

Wood

packaging

Total non-

household

packaging

waste

".

6. Immediately after Schedule 14 to the principal regulations Adds new

Schedule to the

there shall be added the following new Schedule

principal

regulations.

"SCHEDULE 15

(Regulation 8)

IMPLEMENTATION PLAN

The implementation plan to be submitted pursuant to paragraph

(d) of sub-regulation (2) of regulation 8 shall contain the following

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

recycling, landfilling and other treatment of packaging 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 of the Waste Regulations.

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

to attain the relevant target laid down in paragraph (b) of section 2 and

paragraph (b) of section 3 of Schedule 3 within the deadline set therein

and an assessment of the time extension necessary to meet that target.

4. Measures necessary to attain the targets laid down in

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

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 of the Waste Regulations.

5. A timetable for the implementation of the measures

identified in point 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.".

€0.63