Products (Amendment) Regulations, 2022

L.N. 236 of 2022

SUPPLIES AND SERVICES ACT

(CAP. 117)

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Restrictions on Placing on the Market of Single-Use Plastic

Products (Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by article 3 of the

Supplies and Services Act and articles 54 and 55 of the Environment

Protection Act, the Minister responsible for trade and the Minister

responsible for the environment, after consultation with the

Environment and Resources Authority, have made the following

regulations:-

(1) The title of these regulations is the Restrictions on Citation and

Placing on the Market of Single-Use Plastic Products (Amendment) commencement.

Regulations, 2022 and these regulations shall be read and construed as

one with the Restrictions on Placing on the Market of Single-Use S.L. 117.41.

Plastic Products Regulations, hereinafter referred to as "the principal S.L. 549.140.

regulations".

(2) Paragraph (a) of regulation 4 shall come into force within

two (2) months from such a date as the Minister responsible for the

environment may by notice in the Gazette establish.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

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

following new sub-regulation

"(1) These regulations transpose Article 5, Articles

6(1) and (2) and Article 7(1) of Directive (EU) 2019/904 of

the European Parliament and of the Council of 5 June 2019

on the reduction of the impact of certain plastic products on

the environment."; and

(b)

immediately after sub-regulation (1) thereof there

shall be added the following new sub-regulation

"(1a) These regulations shall be read and construed

in conjunction with the Single-Use Plastic Framework

2022. Regulations.".

Regulation 3 of the principal regulations shall be

substituted by the following new regulation

3. In these regulations, unless the context

otherwise requires

"oxo-degradable plastic" means plastic

materials that include additives which through

oxidation, lead to the fragmentation of the plastic

material into micro-fragments or to chemical

decomposition;

"making available on the market", "placing

on the market", "plastic" and "single-use plastic

product" shall have the same meaning as assigned

to them in regulation 3 of the Single-Use Plastic

2022. Framework Regulations;

"packaging" shall have the same meaning as

assigned to it in regulation 3(1) of the Waste

Management (Packaging and Packaging Waste)

Regulations.".

Regulation 4 of the principal regulations shall be amended

as follows

(a) immediately after sub-regulation (1) thereof there

shall be added the following new sub-regulation

"(1a) The placing on the market of the single-use

plastic products listed in Part B of the Schedule shall be

prohibited.";

(b) in sub-regulation (2) thereof, the words "Part B of the

Schedule" wherever they occur shall be substituted by the words

"Part C of the Schedule"; and

(c) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) The placing on the market of the single-use

plastic products referred to in Part B of Schedule 1 to the

Single-Use Plastic Framework Regulations that do not

2022. comply with regulation 6 of the said regulations shall be

prohibited.".

The Schedule to the principal regulations shall be Substitutes the

Schedule to the

substituted by the following new Schedule

principal

regulations.

"SCHEDULE

(regulation 4)

Single-use Plastic Products Covered by the Prohibition on

Placing on the Market

Part A

(a) cotton bud sticks, except if they fall within the scope

of Council Directive 90/385/EEC or Council Directive 93/42/

EEC;

(b)

cutlery (forks, knives, spoons, chopsticks);

(c)

plates;

(d) straws, except if they fall within the scope of Council

Directive 90/385/EEC or Council Directive 93/42/EEC;

(e) beverage stirrers;

(f) sticks to be attached to and to support balloons,

except balloons for industrial or other professional uses and

applications that are not distributed to consumers, including the

mechanisms of such sticks;

(g) food containers made of expanded polystyrene, that is

receptacles such as boxes, with or without a cover, used to

contain food which

(i) is intended for immediate consumption, either

on-the-spot or take-away;

(ii)

is typically consumed from the receptacle; and

(iii) is ready to be consumed without any further

preparation, such as cooking, boiling or heating, including

food containers used for fast food or other meal ready for

immediate consumption, except beverage containers, plates

and packets and wrappers containing food;

(h) beverage containers made of expanded polystyrene,

including their caps and lids;

(i) cups for beverages made of expanded polystyrene,

including their covers and lids.

Part B

(a)

pizza lid supports;

(b) sticks to be attached to and to support lollipops that

are placed on the market on their own;

(c)

kebab sticks;

(d)

toothpicks.

Part C

Beverage containers with a capacity of up to three (3) litres, that

is receptacles used to contain liquid, such as beverage bottles including

their caps and lids, and composite beverage packaging including their

caps and lids, but not

(a) glass or metal beverage containers that have caps and

lids made from plastic; and

(b) beverage containers intended and used for food for

special medical purposes as defined in point (g) of Article 2(2) of

Regulation (EU) No 609/2013 of the European Parliament and of

the Council that is in liquid form.".

€0.36