Single-Use Plastic Framework Regulations, 2022

L.N. 237 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Single-Use Plastic Framework Regulations, 2022

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

the Environment Protection Act, the Minister responsible for the

environment, after consultation with the Environment and Resources

Authority, has made the following regulations:-

(1) The title of these regulations is the Single-Use Plastic

commencement.

Framework Regulations, 2022.

(2) Sub-regulations (5) and (8) of regulation 4 shall come into

force on such a date as the Minister responsible for the environment

may by notice in the Gazette establish.

Part A

Single-use plastic products covered by regulation 4 on

consumption reduction

(1)

Cups for beverages, including their covers and lids.

(2) Food containers, that is, receptacles such as boxes, with or

without a cover, used to contain food which

(a) is intended for immediate consumption, either on-the-

spot or take-away;

(b)

is typically consumed from the receptacle; and

(c) 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.

Part B

Single-use plastic products covered by regulation 6 on

marking requirements

(1)

Sanitary towels (pads), tampons and tampon applicators.

(2)

Wet wipes, that is, pre-wetted personal care and domestic

wipes.

(3) Tobacco products with filters and filters marketed for use in

combination with tobacco products.

(4)

Cups for beverages.

Part C

I.

Single-use plastic products covered by regulation 8 on

extended producer responsibility

(1) Food containers, that is, receptacles such as boxes, with or

without a cover, used to contain food which

(a) is intended for immediate consumption, either on-the-

spot or take-away;

(b)

is typically consumed from the receptacle; and

(c) 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.

(2) Packets and wrappers made from flexible material

containing food that is intended for immediate consumption from the

packet or wrapper without any further preparation.

(3) 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 glass or metal beverage

containers that have caps and lids made from plastic, excluding those

single-use plastic beverage containers that fall within the scope of the

Beverage Containers Recycling Regulations;

(4)

Cups for beverages, including their covers and lids;

(5) Lightweight plastic carrier bags as defined in regulation 3

of the Restrictions on Placing on the Market of Lightweight Plastic

Carrier Bags Regulations.

II. Single-use plastic products covered by regulation 8 on

extended producer responsibility

(1)

Wet wipes, that is, pre-wetted personal care and domestic

wipes;

(2) Balloons, except balloons for industrial or other

professional uses and applications that are not distributed to

consumers.

III. Single-use plastic products covered by regulation 7 on

extended producer responsibility

(1) Tobacco products with filters and filters marketed for use in

combination with tobacco products.

Part D

Single-use plastic products covered by regulation 5 on

product requirements and regulation 11 on separate collection

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

including their caps and lids, but not

(a) glass or metal beverage bottles that have caps and lids

made from plastic;

(b) beverage bottles intended and used for food for

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

Regulation (EU) No 609/2013 that is in liquid form.

Part E

Single-use plastic products covered by regulation 12 on

awareness raising

(1) Food containers, that is, receptacles such as boxes, with or

without a cover, used to contain food which

(a) is intended for immediate consumption, either on-the-

spot or take-away;

(b)

is typically consumed from the receptacle; and

(c) 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.

(2) Packets and wrappers made from flexible material

containing food that is intended for immediate consumption from the

packet or wrapper without any further preparation.

(3) 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 glass or metal beverage

containers that have caps and lids made from plastic.

(4)

Cups for beverages, including their covers and lids.

(5) Tobacco products with filters and filters marketed for use in

combination with tobacco products.

(6)

Wet wipes, that is, pre-wetted personal care and domestic

wipes;

(7) Balloons, except balloons for industrial or other

professional uses and applications that are not distributed to

consumers.

(8) Lightweight plastic carrier bags as defined in regulation 3

of the Restrictions on Placing on the Market of Lightweight Plastic

Carrier Bags Regulations.

(9)

Sanitary towels (pads), tampons and tampon applicators.

(1) These regulations transpose Articles 2, 3, 4, 6(5), 7,

8, 9, 10, 11, 12, 14 and 17(3) 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.

(2) These regulations provide a framework for single-use

plastic products listed in Schedule 1, and for fishing gear containing

plastic.

(3) In the event that any provision of these regulations is in

conflict with the provisions of the Waste Management (Packaging and

Packaging Waste) Regulations or the Waste Regulations or the

Extended Producer Responsibility Framework Regulations, these

regulations shall prevail.

Administrative penalty according to regulation 5(5)

Producers of the beverage bottles listed in Part D of Schedule 1

that failed, either individually or collectively, to achieve the applicable

plastic recycled content target set out in regulation 5 during the

previous operational year, may be subject to an administrative penalty

in accordance with regulation 5(5) and article 81 of the Act, calculated

as follows

A*(B - C)*D = P

where

"A" is the total weight, in tonnes of the beverage bottles listed in

Part D of Schedule 1 placed on the market during the previous

operational year;

"B" is the minimum recycled plastic content target set out in

regulation 5 applicable for that operational year;

"C" is the content of recycled plastic in PET bottles or plastic

bottles, calculated as an average for all PET bottles or plastic bottles

placed on the market of Malta by the producers, either individually or

collectively, during the previous operational year, provided that if C is

greater than or equal to B, P 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 15 percentage points;

- seventy-five euro (€75) per tonne if the difference between "B"

and "C" is between 15 to 10 percentage points, both inclusive; and

- fifty-five euro (€55) per tonne if the difference between "B" and

"C" is less than 10 percentage points;

"P" is the administrative penalty for the producers of the

beverage bottles listed in Part D of Schedule 1 that failed, either

individually or collectively, to achieve the minimum recycled plastic

content target.

€1.89

In these regulations, unless the context otherwise requires

"Act" means the Environment Protection Act;

"Agency" means Circular Economy Malta established by

the Circular Economy Malta (Establishment) Order;

"Authority" or "competent authority" shall have the same

meaning as assigned to it in article 2 of the Act;

"biodegradable plastic" means a plastic capable of

undergoing physical and biological decomposition, such that it

ultimately decomposes into carbon dioxide (CO 2 ), biomass and

water, and is, in accordance with European Standards for

Packaging, recoverable through composting and anaerobic

digestion;

"catering establishment" shall have the same meaning as

assigned to it in article 2 of the Malta Travel and Tourism Cap. 409.

Services Act, excluding nightclubs and discotheques;

"collection" shall have the same meaning as assigned to it

in regulation 4 of the Waste Regulations;

"extended producer responsibility Scheme" shall have the

same meaning as assigned to it in regulation 3 of the Extended S.L. 549.141.

Producer Responsibility Framework Regulations;

"fishing gear" means any item or piece of equipment that is

used in fishing or aquaculture to target, capture or rear marine

biological resources or that is floating on the sea surface, and is

deployed with the objective of attracting and capturing or of

rearing such marine biological resources;

"harmonised standard" shall have the same meaning as

assigned to it in point (1)(c) of Article 2 of Regulation (EU) No

1025/2012;

"making available on the market" means any supply of a

product for distribution, consumption or use on the market of

Malta in the course of a commercial activity, whether in return

for payment or free of charge;

"Minister" shall have the same meaning as assigned to it in

article 2 of the Act;

"packaging" shall have the same meaning as assigned to it

in regulation 3 of the Waste Management (Packaging and S.L. 549.43.

Packaging Waste) Regulations;

"placing on the market" means the first making available of

a product on the market of Malta;

"plastic" means a material consisting of a polymer as

defined in point 5 of Article 3 of Regulation (EC) No 1907/2006,

to which additives or other substances may have been added, and

which can function as a main structural component of final

products, with the exception of natural polymers that have not

been chemically modified;

"port reception facility" shall have the same meaning as

assigned to it in sub-regulation (1) of regulation 3 of the Port

Reception Facilities for the Delivery of Waste from Ships

Regulations;

"producer" means

(a) any natural or legal person established in Malta

that professionally manufactures, fills, sells or imports,

irrespective of the selling technique used, including by

means of distance contracts as defined in regulation 2 of the

Consumer Rights Regulations, and places on the market of

Malta single-use plastic products, filled single-use plastic

products or fishing gear containing plastic, other than

persons carrying out fishing activities as defined in point

(28) of Article 4 of Regulation (EU) No 1380/2013 of the

European Parliament and of the Council; or

(b) any natural or legal person established in one

Member State or in a third country that professionally sells

in Malta directly to private households or to users other

than private households, by means of distance contracts as

defined in regulation 2 of the Consumer Rights

Regulations, single-use plastic products, filled single-use

plastic products or fishing gear containing plastic, other

than persons carrying out fishing activities as defined in

point (28) of Article 4 of Regulation (EU) No 1380/2013;

"producer responsibility organisation" shall have the same

meaning as assigned to it in regulation 3 of the Extended

Producer Responsibility Framework Regulations;

"separate collection" shall have the same meaning as

assigned to it in regulation 4 of the Waste Regulations;

"single-use plastic product" means a product that is made

wholly or partly from plastic and that is not conceived, designed

or placed on the market to accomplish, within its life span,

multiple trips or rotations by being returned to a producer for

refill or re-used for the same purpose for which it was conceived;

"tobacco products" shall have the same meaning as

assigned to it in regulation 2 of the Manufacture, Presentation

and Sale of Tobacco and Related Products Regulations;

"treatment" shall have the same meaning as assigned to it in

regulation 4 of the Waste Regulations;

"waste" shall have the same meaning as assigned to it in

regulation 4 of the Waste Regulations;

"waste fishing gear" means any fishing gear covered by the

definition of "waste" in regulation 4 of the Waste Regulations, S.L. 549.63.

including all separate components, substances or materials that

were part of or attached to such fishing gear when it was

discarded, including when it was abandoned or lost.

(1) The Minister in consultation with the competent Consumption

authority and the Agency shall take the necessary measures to achieve reduction.

an ambitious and sustained reduction in the consumption of the single-

use plastic products listed in Part A of Schedule 1, in line with the

overall objectives of the Union’s waste policy, in particular waste

prevention, leading to a substantial reversal of increasing consumption

trends. Those measures shall achieve a measurable quantitative

reduction in the consumption of the single-use plastic products listed

in Part A of Schedule 1 on the territory of Malta by the year 2026

compared to the year 2022.

(2) The Minister in consultation with the competent authority

and the Agency may include national consumption reduction targets,

measures ensuring that re-usable alternatives to the single-use plastic

products listed in Part A of Schedule 1 are made available at the point

of sale to the final consumer, economic instruments such as

instruments ensuring that those single-use plastic products are not

provided free of charge at the point of sale to the final consumer.

(3) The Minister in consultation with the competent authority

and the Agency may impose marketing restrictions in derogation from

regulation 11 of the Waste Management (Packaging and Packaging S.L. 549.43.

Waste) Regulations for the purposes of preventing such products from

becoming litter in order to ensure that they are substituted with

alternatives that are re-usable or do not contain plastic. The measures

may vary depending on the environmental impact of those single-use

plastic products over their life cycle, including when they become

litter.

(4) Measures adopted pursuant to this regulation shall be

proportionate and non-discriminatory.

(5) Without prejudice to the generality of sub-regulations (1)

and (2), single-use plastic products listed in Part A of Schedule 1 that

are provided empty or filled at the point of sale shall not be provided

free of charge to final consumers by catering establishments

Provided that catering establishments shall properly inform

consumers of the fee charged on such single-use plastic products at the

point of sale

Provided further that the Minister shall by way of

publication in the Gazette prescribe the fee applicable to such single-

use plastic products and the modalities whereby consumers shall be

informed of such fees. The fee shall be charged to final consumers

upon supply of such single-use plastic products and shall be clearly

indicated in the related fiscal receipt.

(6) Without prejudice to existing Maltese, European Union and

international legislation, as from 1 January 2023 catering

establishments shall provide an adequate number of reusable

alternatives to the single-use plastic products listed in Part A of

Schedule 1 at the point of sale as long as practically feasible

Provided that catering establishments shall properly inform

consumers of the availability of reusable alternatives and that the fee

referred to in sub-regulation (5) does not apply to such reusable

alternatives.

(7) As from 1 January 2023, catering establishments shall offer

adequate incentives to consumers who bring their own reusable

alternatives to the single-use plastic products listed in Part A of

Schedule 1 for take-away consumption of food or beverages

Provided that catering establishments shall properly inform

consumers of such incentives.

(8) Without prejudice to any lawfully established safety

measures, the single-use plastic products listed in Part A of Schedule 1

shall not be provided empty or filled at the point of sale by any

restaurant, cafeteria, bar, snack bar, lido and canteen, including those

in schools, university campus, hospitals or any government building,

for any food or beverages consumed on such premises.

(9) The Minister after consultation with the competent

authority and the Agency shall prepare a description of the measures

adopted pursuant to sub-regulation (1), notify the description to the

European Commission and make it publicly available.

(10) The description of measures adopted pursuant to this

regulation shall form an integral part of and be consistent with the

(a) programme of measures established pursuant to

regulation 10 of the Marine Policy Framework Regulations;

(b) programme of measures established pursuant to

regulation 12 of the Water Policy Framework Regulations;

(c) waste management plans and waste prevention

programmes established pursuant to regulations 28 and 29 of the

Waste Regulations; and

(d) waste reception and handling plans established

pursuant to the Port Reception Facilities for the Delivery of S.L. 499.71.

Waste from Ships Regulations,

upon the first subsequent update of those plans or programmes in

accordance with the relevant Maltese legislation and European Union

legislative acts governing those plans or programmes, or into any other

programmes drawn up specifically for that purpose.

(11) The competent authority and the Agency shall monitor the

single-use plastic products listed in Part A of Schedule 1 placed on the

market and the reduction measures taken on the basis of the common

methodology established in Commission Implementing Decision (EU)

2022/162 of 4 February 2022 laying down rules for the application of

Directive (EU) 2019/904 of the European Parliament and of the

Council as regards the calculation, verification and reporting on the

reduction in the consumption of certain single-use plastic products and

the measures taken by Member States to achieve such reduction.

(1) From 1 January 2025, beverage bottles listed in Part Product

D of Schedule 1 placed on the market on the territory of Malta, which requirements.

are manufactured from polyethylene terephthalate as the major

component (‘PET bottles’) shall contain at least twenty-five per cent

(25%) recycled plastic, calculated as an average for all PET bottles

placed on the market on the territory of Malta.

(2) From 1 January 2030, beverage bottles listed in Part D of

Schedule 1 placed on the market on the territory of Malta, shall contain

at least thirty per cent (30%) recycled plastic, calculated as an average

for all such beverage bottles placed on the market on the territory of

Malta.

(3) Producers placing on the market beverage bottles listed in

Part D of Schedule 1 shall achieve the targets laid down in sub-

regulation (1) and (2), either individually or collectively.

(4) In order to demonstrate the attainment of the targets laid

down in sub-regulations (1) and (2), for any given year producers shall

submit to the Authority information on the recycled content in the

beverage bottles placed on the market of Malta and whether such

targets are being achieved individually or collectively, within four (4)

months of the closing of the year, according to the procedure

established by the Authority

Provided that the first reference year for which the

information referred to in this sub-regulation shall be submitted to the

Authority is 2023

Provided further that any information submitted to the

Authority shall be audited by an independent auditor approved by the

Authority.

(5) An administrative penalty may be imposed by the

Authority upon the producer or producers if it results that in any given

year, a producer, whether individually or collectively, has failed to

achieve the targets laid down in sub-regulations (1) and (2). Such

penalty shall be calculated in accordance with the mechanism laid

down in Schedule 2.

(1) Each single-use plastic product listed in Part B of

Schedule 1 placed on the market shall bear a conspicuous, clearly

legible and indelible marking on its packaging or on the product itself

on the basis of Commission Implementing Regulation (EU) 2020/2151

of 17 December 2020 laying down rules on harmonised marking

specifications on single-use plastic products listed in Part D of the

Annex to Directive (EU) 2019/904 of the European Parliament and of

the Council on the reduction of the impact of certain plastic products

on the environment, informing consumers of the following

(a) appropriate waste management options for the

product or waste disposal means to be avoided for that product,

in line with the waste hierarchy laid down in regulation 4A of the

Waste Regulations; and

(b) the presence of plastics in the product and the

resulting negative impact of littering or other inappropriate

means of waste disposal of the product on the environment.

(2) The provisions of this regulation are in addition to any

other labelling and marking requirements for tobacco products

contained, inter alia, in the Manufacture, Presentation and Sale of

Tobacco and Related Products Regulations in relation to tobacco

products.

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

listed in Part B of Schedule 1 that do not comply with the requirements

of this regulation shall be prohibited in accordance with the

Restrictions on Placing on the Market of Single-Use Plastic Products

Regulations.

(1) The Minister in consultation with the competent Extended

authority and the Agency shall establish extended producer producer

responsibility

responsibility schemes for the single-use plastic products listed in for

use plastic

Section III of Part C of Schedule 1 and fishing gear containing plastic products listed

which are placed on the market of Malta, in accordance with the in

Part C of

Extended Producer Responsibility Framework Regulations

Schedule 1 and

fishing gear.

Provided that such schemes shall be established by 5

January 2023 for the single-use plastic products listed in Section III of

Part C of Schedule 1 and by 31 December 2024 for fishing gear

containing plastic

Provided further that the fishermen themselves, but

excluding those fishermen who import fishing gear containing plastic

directly, and artisanal makers of fishing gear containing plastic shall

not be considered as producers and shall not be held responsible for

fulfilling the extended producer responsibility obligations under this

regulation.

(2) The Minister in consultation with the competent authority

and the Agency shall ensure that producers of single-use plastic

products listed in Section III of Part C of Schedule 1 cover at least the

following costs

(a) the costs of awareness raising measures laid down in

regulation 12;

(b) the costs of cleaning up litter resulting from those

products and the subsequent transport and treatment of that litter;

and

(c) the costs of data gathering and reporting in

accordance with point (iii) of paragraph (a) of sub-regulation (3)

of regulation 6 of the Producer Responsibility Framework S.L. 549.141.

Regulations

Provided that producers of single-use plastic products listed

in Section III of Part C of Schedule 1, shall also cover the costs of

waste collection for those products that are discarded in public

collection systems, including the infrastructure and its operation, and

the subsequent transport and treatment of that waste. The costs may

include the setting up of specific infrastructure for the waste collection

for those products, such as appropriate waste receptacles in common

litter hotspots.

(3) (a) The costs to be covered referred to in sub-regulation

(2) shall not exceed the costs that are necessary to provide the services

referred to therein in a cost-efficient way and shall be established in a

transparent way between the actors concerned. The costs of cleaning

up litter shall be limited to activities undertaken by public authorities

or on their behalf. Such activities shall be subject to prior approval of

the Authority.

(b) The calculation methodology shall be developed in a way

that allows for the costs of cleaning up litter to be established in a

proportionate way. To minimise administrative costs, the Minister in

consultation with the competent authority and the Agency may

determine financial contributions towards the costs of cleaning up

litter by setting appropriate multiannual fixed amounts.

(4) The Minister after consultation with the competent

authority and the Agency shall define in a clear way the roles and

responsibilities of all relevant actors involved.

(5) Producers established in another Member State and placing

products on the market in Malta shall appoint a legal or natural person

established in Malta as an authorised representative for the purposes of

fulfilling the obligations of a producer related to extended producer

responsibility schemes on the territory of Malta.

(6) Producers established in Malta who sell single-use plastic

products listed in Section III of Part C of Schedule 1 and fishing gear

containing plastic in another Member State in which he is not

established, shall appoint an authorised representative in that other

Member State. The authorised representative shall be the person

responsible for fulfilling the obligations of that producer pursuant to

these regulations on the territory of that other Member State.

(7) The Minister after consultation with the competent

authority and the Agency shall set a national minimum annual

collection rate of waste fishing gear containing plastic for recycling.

(8) The competent authority shall monitor and gather data on

fishing gear containing plastic placed on the market as well as waste

fishing gear containing plastic collected.

(9) (a) With regard to the extended producer responsibility

schemes established pursuant to sub-regulation (1), the Minister after

consultation with the competent authority and the Agency shall ensure

that the producers of fishing gear containing plastic cover the costs of

the separate collection of waste fishing gear containing plastic that has

been delivered to adequate port reception facilities in accordance with

the Port Reception Facilities for the Delivery of Waste from Ships

Regulations or to other equivalent collection systems that fall outside

the scope of those regulations and the costs of its subsequent transport

and treatment. The producers shall also cover the costs of the

awareness raising measures referred to in regulation 12 regarding

fishing gear containing plastic.

(b) The requirements laid down in this sub-regulation

supplement the requirements applicable to waste from fishing vessels

in Maltese legislation and European Union legislation on port

reception facilities.

(10) Without prejudice to the objectives set out in this

regulation, the Minister after consultation with the competent authority

and the Agency may decide to achieve the objectives set for fishing

gear containing plastic, by means of agreements between the

competent authority and the economic sectors concerned. Such

agreements shall meet the following requirements

(a)

agreements shall be enforceable;

(b) agreements shall

specify

objectives

with

the

corresponding deadlines;

(c) agreements shall be published in the Gazette and

transmitted to the European Commission;

(d) the results achieved under an agreement shall be

monitored regularly, reported to the Authority and to the

Commission and made available to the public under the

conditions set out in the agreement;

(e) the Authority shall make provisions to examine the

progress reached under an agreement; and

(f) in case of non-compliance with an agreement the

Minister after consultation with the Authority and the Agency

shall implement the relevant provisions of these regulations by

legislative, regulatory or administrative measures.

(1) Without prejudice to the Waste Management Extended

(Packaging and Packaging Waste) Regulations, by 5 th January 2023 producer

responsibility

producers of the single-use plastic products listed in Section I and for

use plastic

Section II of Part C of Schedule 1 shall, in order to fulfil their products listed

obligations under these regulations, participate in a packaging waste in

II of Part C of

recovery organisation authorised in accordance with the Waste Schedule 1.

Management (Packaging and Packaging Waste) Regulations, whether

or not such products are packaging as defined in regulation 3.

(2) Without prejudice to sub-regulation (3) of regulation 6 of

the Extended Producer Responsibility Framework Regulations, and the

Waste Management (Packaging and Packaging Waste) Regulations, a

packaging waste recovery organisation authorised in accordance with

the Waste Management (Packaging and Packaging Waste) Regulations

acting on behalf of the producers referred in sub-regulation (1) shall,

insofar as not already included, cover the following costs pertaining to

the single-use plastic products listed in Section I of Part C of Schedule

1

(a) the awareness raising measures laid down in

regulation 12;

(b) the waste collection for those products that are

discarded in public collection systems, including infrastructure

and its operation, and the subsequent transport and treatment of

waste; and

(c) cleaning up litter resulting from those products and

the subsequent transport and treatment of that litter

Provided that the costs to be covered referred to in this sub-

regulation shall not exceed the costs that are necessary to provide the

services referred to therein in a cost-efficient way and shall be

established in a transparent way between the actors concerned

Provided further that the costs of cleaning up litter shall be

limited to activities undertaken by public authorities or on their behalf.

Such activities shall be subject to prior approval of the Authority. The

calculation methodology shall be developed in a way that allows for

the costs of cleaning up litter to be established in a proportionate way.

To minimise administrative costs, the Minister after consultation with

the competent authority and the Agency may determine financial

contributions towards the costs of cleaning up litter by setting

appropriate multiannual fixed amounts.

(3) Without prejudice to sub-regulation (3) of regulation 6 of

the Extended Producer Responsibility Framework Regulations and the

Waste Management (Packaging and Packaging Waste) Regulations, a

packaging waste recovery organisation authorised in accordance with

the Waste Management (Packaging and Packaging Waste) Regulations

acting on behalf of the producers referred in sub-regulation (1) shall,

insofar as not already included, cover the following costs pertaining to

the single-use plastic products listed in Section II of Part C of

Schedule 1

(a) the awareness raising measures laid down in

regulation 12;

(b) cleaning up litter resulting from those products and

the subsequent transport and treatment of that litter;

(c) data gathering and reporting in accordance with point

(iii) of paragraph (a) of sub-regulation (3) of regulation 6 of the

Extended Producer Responsibility Framework Regulations

Provided that the costs to be covered referred to in this sub-

regulation shall not exceed the costs that are necessary to provide the

services referred to therein in a cost-efficient way and shall be

established in a transparent way between the actors concerned

Provided further that the costs of cleaning up litter shall be

limited to activities undertaken by public authorities or on their behalf.

Such activities shall be subject to prior approval of the Authority. The

calculation methodology shall be developed in a way that allows for

the costs of cleaning up litter to be established in a proportionate way.

To minimise administrative costs, the Minister after consultation with

the competent authority and the Agency may determine financial

contributions towards the costs of cleaning up litter by setting

appropriate multiannual fixed amounts.

(4) Producers of the single-use plastic products listed in

Sections I and II of Part C of Schedule 1, whether or not such products

are packaging as defined in regulation 3 shall register and report in

accordance with regulations 21 and 22 of the Waste Management S.L. 549.43.

(Packaging and Packaging Waste) Regulations

Provided that in making use of existing databases

established in regulation 9 of the Waste Management (Packaging and

Packaging Waste) Regulations, the competent authority shall ensure

that such databases contain separate entries for packaging and single-

use plastics covered by this regulation so as to ensure that data for

packaging and single-use plastics can be identified for the purposes of

this regulation

Provided further that producers, including those producers

which already hold a registration number in accordance with the Waste S.L. 549.43.

Management (Packaging and Packaging Waste) Regulations, shall be

issued a unique registration number identifying them as producers of

either both packaging and single use plastic products or as producers

of single-use plastic products listed in Sections I and II of Part C of

Schedule 1.

(5) Without prejudice to the Waste Management (Packaging S.L. 549.43.

and Packaging Waste) Regulations, a producer established in Malta,

who sells single-use plastic products listed in Sections I and II of Part

C of Schedule 1, whether or not such products are packaging as

defined in regulation 3, in another Member State in which it is not

established, shall appoint an authorised representative in that other

Member State. The authorised representative shall be the person

responsible for fulfilling the obligations of that producer pursuant to

these regulations on the territory of that other Member State.

Without prejudice to the Waste Regulations, persons who

intend to operate a producer responsibility organisation specifically for

fulfilling the obligations imposed by these regulations, on behalf of

producers of single-use products listed in Section III of Part C of

Schedule 1 and, or fishing gear containing plastic, shall require and

obtain a valid authorisation from the competent authority under these

regulations in accordance with the Act.

The competent authority may charge producers such fees as

necessary to cover the costs of the administration of these regulations.

(1) Producers of the products listed in Part D of Schedule

1 shall comply with the Beverage Containers Recycling Regulations in

order to ensure that the following minimum separate collection for

recycling targets are attained

(a) by 1st January 2025, an amount of waste single-use

plastic products listed in Part D of Schedule 1 equal to seventy-

seven per cent (77%) of such single-use plastic products placed

on the market in a given year by weight; and

(b) by 1st January 2029, an amount of waste single-use

plastic products listed in Part D of Schedule 1 equal to ninety per

cent (90%) of such single-use plastic products placed on the

market in a given year by weight

Provided that single-use plastic products listed in Part

D of Schedule 1 placed on the market of Malta may be deemed to

be equal to the amount of waste generated from such products,

including as litter, in the same year in Malta

Provided further that such collection is without

prejudice to sub-regulation (3)(a) of regulation 10B of the Waste

Regulations and, or any other obligation under the Beverage

Containers Recycling Regulations.

(2) The methodology for the calculation and verification of the

separate collection targets laid down in this regulation, as established

in Commission Implementing Decision (EU) 2021/1752 of 1 October

2021 laying down rules for the application of Directive (EU) 2019/904

of the European Parliament and of the Council as regards the

calculation, verification and reporting of data on the separate

collection of waste single-use plastic beverage bottles, shall apply.

The Minister after consultation with the competent Awareness

authority and the Agency shall take measures to inform consumers and raising.

to incentivise responsible consumer behaviour, in order to reduce litter

from products covered by these regulations, and shall take measures to

inform consumers of the single-use plastic products listed in Part E of

Schedule 1 and users of fishing gear containing plastic about the

following

(a) the availability of re-usable alternatives, re-use

systems and waste management options for those single-use

plastic products and for fishing gear containing plastic as well as

best practices in sound waste management carried out in

accordance with paragraph 3 of Part 1 of Schedule 5 to the Waste S.L. 549.63.

Regulations;

(b) the impact on the environment, in particular on the

marine environment of littering and other inappropriate waste

disposal of those single-use plastic products and of fishing gear

containing plastic; and

(c) the impact on the sewage network of inappropriate

means of waste disposal of those single-use plastic products.

In order to determine whether a food container is to be Specifications

considered as a single-use plastic product for the purposes of these and

on single-use

regulations, in addition to the criteria listed in Schedule 1 as regards plastic products.

food containers, its tendency to become litter, due to its volume or

size, in particular single-serve portions, shall play a decisive role

Provided that food containers with dried food or food that

is sold cold requiring further preparation, containers containing food in

more than single-serve portions or single-serve portion-sized food

containers sold in more than one unit shall not be considered as single-

use plastic products for the purposes of these regulations.

Any person shall be guilty of an offence under these Offences.

regulations if

(a) he fails to comply with any provisions of these

regulations or fails to comply with permit conditions or with any

order lawfully given in terms of any provision of these

regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions, including any order

lawfully given in terms of any of the provisions of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction, to a fine (multa) not exceeding

two thousand and three hundred and thirty euro (€2,330);

(b) on a second conviction or subsequent convictions, to

a fine (multa) not exceeding four thousand and six hundred and

sixty euro (€4,660)

Provided that whenever any person is found guilty of

committing an offence against these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, is held liable in the

same manner and degree

Provided further that the Court may order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent authority

mentioned in these regulations as a result of the said offence, the

revocation of the permit issued by the competent authority and the

confiscation of the corpus delicti, including the vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, sohowever that the disqualification

from holding or obtaining a licence, permit or authority shall in no

case be for less than one (1) year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.