Waste Management (Landfill)

L.N. 453 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Waste Management (Landfill)

(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 Management

(Landfill) (Amendment No. 2) Regulations, 2021 and these regulations

shall be read and construed as one with the Waste Management

(Landfill) Regulations, hereinafter referred to as "the principal

Regulation 5 of the principal regulations shall be amended

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

following new sub-regulation

"(4) By 2030, the Minister may consider

postponing the deadline for attaining the target referred to

in sub-regulation (3) by up to five (5) years provided that

(a) Malta has 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 deadline laid down in sub-regulation (3),

the Minister notifies the Commission of its intention

to postpone the deadline and submits an

implementation plan in accordance with Schedule 4.

The Minister may combine that plan with an

implementation plan submitted pursuant to the

Waste Regulations."; and

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

shall be added the following new sub-regulations

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

implementation plan submitted pursuant to paragraph (b) of

sub-regulation (4), the Commission may request Malta to

revise the plan if the Commission considers that the plan

does not comply with the requirements of Schedule 4.

Malta shall submit a revised plan within three (3) months of

receipt of the Commission’s request.

(6) In the event of postponing the deadline in

accordance with sub-regulation (4), the Minister, in

consultation with the authority and the agency, shall take

the necessary measures to reduce by 2035 the amount of

municipal waste landfilled to twenty-five per cent (25%) or

less of the total amount of municipal waste generated (by

weight).".

In regulation 17A of the principal regulations, the words Amends

"Annex IVa to Directive 2008/98/EC" shall be substituted by the regulation

of the principal

words "Schedule 12 of the Waste Regulations".

regulations.

Immediately after Schedule 3 to the principal regulations Adds new

Schedule to the

there shall be added the following new Schedule

principal

regulations.

"SCHEDULE 4

(Regulation 5)

IMPLEMENTATION PLAN

The implementation plan to be submitted pursuant to sub-

regulation (4) of regulation 5 of 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 of the Waste Regulations.

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

attain the relevant target laid down in sub-regulation (3) of regulation

5 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-

regulation (6) of regulation 5 of these regulations 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.

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.

Information on funding for waste management in line with

the polluter-pays principle.

Measures to improve data quality, as appropriate, with a

view to better planning and monitoring performance in waste

management.".

€0.27