Legislator Case Law & Legislation
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Extended Producer Responsibility

19 Articles / Provisions · Malta
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Table of Provisions (19)

Statutory Text (19 Articles)

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

L.N. 131 of 2025

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Extended Producer Responsibility

(Fishing Gear Containing Plastic) Regulations, 2025

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

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

The title of these regulations is the Extended Producer Citation.

Responsibility (Fishing Gear Containing Plastic) Regulations, 2025.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulation 4)

WRITTEN MANDATE DECLARATION

Name of Producer

Address

hereby appoints

Name of legal or natural person established in Malta

Address

as the producer’s authorised representative in Malta in

accordance with regulation 4.

Name of legal or natural person established in Malta

hereby represents and undertakes the responsibilities as the

authorised representative in Malta for

Name of Producer

in accordance with the Extended Producer Responsibility

(Fishing Gear Containing Plastic) Regulations (S.L. 549.176).

This mandate, signed by both parties, commences on the date of

signature unless otherwise declared, and shall cease once either party

informs the competent authority in Malta managing the national

register that this mandate has been terminated.

On one part,

Name of Producer

Signature

Date

On the other part,

Name of Authorised Representative

Signature

Date

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) The scope of these regulations is to transpose Article Scope.

8 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, with respect to fishing gear-containing

plastic.

(2) The Authority may issue guidelines on the implementation

of these regulations.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulation 8)

INFORMATION WHICH SHALL BE SUBMITTED ON APPLYING

FOR AN AUTHORISATION TO OPERATE A PRODUCER

RESPONSIBILITY ORGANISATION UNDER THESE

REGULATIONS

Part A: Information which shall be included in an application for

registration of a producer responsibility organisation

- The name of the producer responsibility organisation;

- The name of the operator and, where the operator is a

partnership, the names of all the partners;

- The address and telephone number of the registered office of

the operator or if not a company, the main place of business of the

operator, and, if more than one, all the operators; and

- A signed declaration stating that the information provided is

truthful.

Part B: Information which shall be included in the work plan to

operate a producer responsibility organisation

- A copy of the Memorandum and Articles of Association;

- A copy of the Certificate of Registration issued by the Registry

of Companies, where applicable;

- A business and financial plan in relation to the proposed

organisation;

- Quality Control and Quality Assurance measures to be adopted

by the proposed organisation;

- Administrative measures to be adopted to ensure effective

control of the process;

- A copy of the rules of membership of the producer

responsibility organisation;

- A description of the modalities whereby the objectives of

regulation 4 shall be achieved together with details of the membership

fee structure;

- A description, including projected amounts by weight and

number of items of fishing gear containing plastic placed on the

national market by the producers participating in the organisation;

- Proposals for an adequate guarantee referred to in regulation

7(8), intended to cover the costs established in sub-regulations (6) and

(7) of regulation 4 in case the authorisation is revoked or in case of

permanent cessation of its operation or insolvency;

- Proposals for the calculation of the costs referred to in sub-

regulations (6) and (7) of regulation 4, including the provision of the

necessary waste-collection infrastructure required to be installed at

producers’ premises or other designated areas or premises as referred

to in regulation 4(8);

- Proposals of how the information under the provisions of these

regulations shall be compiled and made available to the Authority;

- Proposals for meeting the annual collection rate of waste

fishing gear containing plastic;

- Intended public awareness campaigns to be financed and, or

organised by the proposed organisation;

- Projected date of commencement for the activity; and

- Any other relevant information as required by these regulations

or as requested by the Authority.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Environment Protection Act;

"Authority" or "competent authority" means the

Environment and Resources Authority as established by article 6

of the Act;

"collection" shall have the same meaning as assigned to it S.L. 549.63.

in regulation 4 of the Waste 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;

"NACE" means the common statistical classification of

economic activities in the European Community established by

Regulation (EC) No 1893/2006 of the European Parliament and of

the Council of 20 December 2006 establishing the statistical

classification of economic activities NACE Revision 2 and

amending Council Regulation (EEC) No 3037/90 as well as

certain EC Regulations on specific statistical domains, as may be

amended from time to time;

"placing on the market" shall have the same meaning as

assigned to it in regulation 3 of the Single-Use Plastic

Framework Regulations;

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

regulation 3 of the Single-Use Plastic Framework Regulations;

"producer" means

(a) any natural or legal person established in Malta

that professionally manufactures, 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 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 of 11 December

2013 on the Common Fisheries Policy, amending Council

Regulations (EC) No 1954/2003 and (EC) No 1224/2009

and repealing Council Regulations (EC) No 2371/2002 and

(EC) No 639/2004 and Council Decision 2004/585/EC; 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, 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" or "PRO" shall have

the same meaning as assigned to it in regulation 3 of the

Extended Producer Responsibility Framework 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" shall have the same meaning as

assigned to it in regulation 3 of the Single-Use Plastic

Framework Regulations.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulations 7 and 8)

LIST OF AUTHORISED SIGNATORIES

For the purposes of issuing and signing official documentation

including correspondence, the competent authority shall only accept

documentation from a producer or an authorised producer

responsibility organisation that is signed by the following:-

- A natural person, if the producer is a natural person; or

- A partner, where the producer or an authorised producer

responsibility organisation is a partnership; or

- A director or company secretary of that company, where the

producer or an authorised producer responsibility organisation is a

company registered in Malta; or

- A person who has control or management of the body, where

the producer or an authorised producer responsibility organisation is

an unincorporated body; or

- The president or any other member of the committee of

management, where the producer or an authorised producer

responsibility organisation is a co-operative.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) Producers placing on the market fishing gear Extended

containing plastic shall have extended producer responsibility in producer

responsibility.

accordance with the Extended Producer Responsibility Framework S.L. 549.141.

Regulations.

(2) Producers established in another Member State and placing

on the market fishing gear containing plastic shall appoint a legal or

natural person established in Malta as an authorised representative for

the purposes of fulfilling the extended producer responsibility

obligations established in these regulations on the territory of Malta

Provided that such appointment shall be made by written

mandate by means of a declaration as established in Schedule 1.

(3) Producer established in Malta who sell fishing gear

containing plastic in another Member State in which such producer is

not established, shall appoint an authorised representative in such

other Member State. The authorised representative shall be the person

responsible for fulfilling the obligations of such producer pursuant to

these regulations on the territory of that other Member State.

(4) Producers of fishing gear-containing plastic shall cover at

least the following costs

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

regulation 12 of the Single-Use Plastic Framework Regulations; S.L. 549.149.

(b) 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 S.L. 549.141.

other equivalent collection systems that fall outside the scope of

those regulations, and the costs of its subsequent transport and

treatment; and

(c) the cost of data gathering and reporting, in

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

of regulation 6 of the Extended Producer Responsibility S.L. 499.71.

Framework Regulations

Provided that the requirements established in this

regulation supplements the requirements applicable to waste from

fishing vessels in Maltese legislation and European Union legislation

on port reception facilities.

(5) In order to achieve the objectives of this regulation in a

cost-effective manner, producers and authorised representatives shall

fulfil their extended-producer responsibility obligations collectively

and, for that purpose, shall set up a producer responsibility

organisation which shall be authorised in accordance with regulation

8, covering fishing gear-containing plastic in the whole territory of

Malta. Such producer responsibility organisation shall allow all

producers and authorised representatives to fulfil their extended

producer responsibility obligations under non-discriminatory

conditions

Provided that until such producer responsibility

organisation is set up and authorised in accordance with regulation

8, the Authority may allocate the costs referred to in sub-regulation (4)

to producers in accordance with the requirements of this regulation and

their market share

Provided further that in such cases the Authority may

commission studies, at the expense of producers, to quantify such costs

or part thereof.

(6) In order to cover the costs established in paragraph (a) of

sub-regulation (4) on behalf of its producers, an authorised producer

responsibility organisation shall organise and, or finance effective

information and awareness raising campaigns to incentivise

responsible consumer behaviour and inform consumers in accordance

with regulation 12 of the Single-Use Plastic Framework Regulations

Provided that in case an authorised producer responsibility

organisation finances campaigns organised by other entities, the costs

that shall be covered by such organisation shall be established in a

transparent manner between all actors concerned

Provided further that such campaigns shall be subject to the

prior approval of the Authority.

(7) In order to cover the costs established in paragraph (b) of

sub-regulation (4) on behalf of its producer, an authorised producer

responsibility organisation shall make the necessary arrangements

with the operators of an authorised port-reception facility as defined in

the Port Reception Facilities for the Delivery of Waste from Ships

Regulations to finance

(a)

appropriate waste receptacles for the deposition and

collection of waste fishing gear containing plastic at port

reception facilities. Such costs shall include the infrastructure

and its operations, and

(b) the transport and treatment of the collected waste

fishing gear.

(8) An authorised producer responsibility organisation shall

also ensure that appropriate waste receptacles for the deposition and

collection of waste fishing gear containing plastic are installed at the

producers’ premises or other designated areas or premises

Provided that producers shall cover the costs of the

infrastructure and its operations, and the subsequent transport and

treatment of the collected waste fishing gear.

(9) The costs referred to in sub-regulations (7) and (8) shall not

exceed the costs that are necessary to provide those services in a cost-

efficient way and shall be established in a transparent way between the

Authority, the relevant authorised producer responsibility organisation,

or the operator of an authorised port-reception facility as defined in the

Port Reception Facilities for the Delivery of Waste from Ships S.L. 499.71.

Regulations, and any other concerned actors.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulation 7)

INFORMATION TO BE CONTAINED IN AN APPLICATION FOR

REGISTRATION OR RENEWAL

Part A: Information to be submitted upon registration

- Name and address of the producer and where

(i)

the producer is a company, the registered office;

(ii) the producer is not a company, the principal place of

business;

- National identification code of the producer, including the

national tax number and the company number,where applicable, of the

producer;

- The NACE Code and the employment size of the company,

where applicable;

- The details of the contact person to whom the competent

authority shall address any communications;

- Details on the commercial nature of the producer,e.g.

manufacturer, importer or distance seller;

- Type of fishing-gear containing plastic placed on the market;

- A signed declaration stating the information provided is

truthful;

- The date of the application for registration; and

- Name of the Producer Responsibility Organisation that the

producer is a member of and a copy of the agreement with such

Organisation.

Part B: Information to be submitted upon renewal

- Registration number of the producer and any national

identification code of the producer, including the national tax number

and the company number,where applicable, of the producer;

- The NACE Code and the employment size of the company,

where applicable;

- Quantities of fishing-gear containing plastic placed on the

national market, by weight and number of items during the specific

reporting period in accordance with the reporting formats to be

established by the competent authority;

- A signed declaration stating that the information provided is

truthful;

- The date of the application for renewal of registration;

- An appropriate description of how the data has been compiled,

including any explanation of any estimates used; and

- Name of the Producer Responsibility Organisation that the

producer is a member of and an affirmation of the agreement with such

Organisation.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

An authorised producer responsibility organisation shall Collection of

take the necessary measures to ensure that by 31st December 2027, waste

gear.

and in any following year, a minimum of five percent (5%) by weight

of fishing gear-containing plastic placed on the market in Malta is

separately collected as waste for recycling through the systems set up

in accordance with sub-regulations (7) and (8) of regulation 4

Provided that if it results that in any given year, the

authorised producer responsibility organisation fails to achieve the

said applicable minimum collection target, an administrative penalty

as listed in Schedule 6 shall be imposed.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulation 6)

ADMINISTRATIVE PENALTIES FOR NON-REGISTRATION AND

NON-RENEWAL

- Any producer who fails to apply for registration in accordance

with sub-regulation (1) of regulation 6 shall be liable to an

administrative penalty of two thousand five hundred euro (€2,500) per

tonne of fishing gear containing plastic placed on the market from the

first placing of the fishing gear containing plastic on the market until

he applies for registration.

- Any producer who fails to renew his registration by the end of

the year in accordance with sub-regulation (1) of regulation 6 shall be

liable to an administrative penalty of two thousand five hundred euro

(€2,500) per tonne of fishing gear containing plastic placed on the

market from the beginning of the year in which he should have

renewed until he applies for renewal

Provided that where the authorised producer responsibility

organisation has agreed to register or renew the registration of a

producer on his behalf, the penalties above-mentioned shall, in either

case, be due by the authorised producer responsibility organisation

who failed to apply or renew

Provided that in both instances where less than one (1)

tonne of fishing gear containing plastic is placed on the market, the

administrative penalty shall be calculated pro-rata, with a minimum

penalty of five hundred euro (€500).

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) The competent authority shall maintain and make Register of

available a register relating to the producers who register in producers.

accordance with regulation 7 and containing information relating to

producer registration as listed in Schedule 4.

(2) The competent authority shall ensure that the register of

producers is publicly available free of charge and shall be uploaded

online on its website.

(3) The register may be kept in any form but shall be indexed

and arranged so that members of the public can readily trace

information contained in it.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(regulation 5)

ADMINISTRATIVE PENALTY

The Authority may impose an administrative penalty in

accordance with article 81 of the Act when an authorised producer

responsibility organisation acting on behalf of producers placing on

the market fishing gear containing plastic fails to achieve the

applicable minimum collection target during the previous year. The

administrative penalty shall be calculated as per the table below.

Administrative Penalty (€) per

Achieved Collection Target (%)

tonne of uncollected fishing

gear from collection target

Between 0% and <1%

Between 1% and <2%

Between 2% and <3%

Between 3% and <4%

Between 4% and <5%

Provided that the Authority may waive the administrative

penalty in case where the party notified with the Authority’s intention

to issue an administrative penalty provides evidence to the satisfaction

of the Authority that the non-attainment of the target is due to

exceptional reasons beyond his control.

€1.62

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) Producers or authorised representatives shall, during Registration and

the calendar year of placing fishing gear containing plastic on the information.

market within the territory of Malta, apply to be registered with the

competent authority and shall be provided with a registration number

upon registration. Producers shall make the registration number clearly

visible on their invoices and fiscal receipts.

(2) Producers registered under sub-regulation (1) shall renew

their registration on an annual basis with the competent authority by

the 31st March of each year

Provided that as from 1st April of each year, the competent

authority shall accept renewals until the end of the year subject to the

payment of an additional fee of twenty euro (€20) per month or part

thereof, together with the fees prescribed in paragraph (c) of sub-

regulation (3).

(3)

An application for registration or renewal by a producer

shall

(a)

be made either online or in writing;

(b) be signed by any of the authorised signatories

referred to in Schedule 3; and

(c) be accompanied by a fee of ten euro (€10) for online

registration or thirty five euro (€35) for manual registration.

(4) A producer shall not be deemed to be registered or to have

renewed his registration until an acknowledgement notice is issued by

the competent authority, approving the producer’s application for

registration or renewal. The competent authority shall issue the

acknowledgement notice within

(a) one (1) month from the date of receipt of a duly filled

in application for registration or renewal, including the payment

of any fees as referred to in sub-article (3)(c); or

(b) one (1) month after the date of receipt of any

information or details requested by the competent authority in

relation to such application, including the payment of any fees as

stipulated in sub-regulation (3)(c),

whichever comes later.

(5) Where a producer ceases to place fishing gear containing

plastic on the market, the producer shall apply for deregistration with

the competent authority within the following year of his ceasing to do

so. An application for deregistration shall be signed by any of the

authorised signatories referred to in Schedule 3.

(6) Without prejudice to the obligations and liabilities of the

person applying for deregistration relating to the time when the person

was a registered producer, the competent authority shall terminate a

person’s registration with effect from the last day of the year during

which such person ceased to be liable to be registered, and shall notify

that person in writing

Provided that any pending information shall be submitted

by the person to the competent authority upon applying for de-

registration in accordance with sub-regulation (5).

(7) Any producer who either fails to apply for registration in

accordance to this regulation or who fails to renew his registration by

the end of the year, shall be liable to an administrative penalty as

prescribed in Schedule 5.

(8) An authorised producer responsibility organisation may

register or renew the registration of a producer on his behalf, subject to

the consent of the said producer. In such cases, the authorised producer

responsibility organisation shall be responsible for adhering to the

provisions of this regulation, including payment of the administrative

penalty mentioned in sub-regulation (7), and the Authority may liaise

with the authorised producer responsibility organisation in relation to

such provisions.

(9) An application for registration in accordance with

regulation 6 shall contain the information set out in Part A of Schedule

4 whilst the application for renewal shall contain at least the reporting

information set out in Part B of Schedule 4.

(10) In the case the data submitted in accordance with sub-

regulation (9) changes, the relevant producer or where relevant, the

authorised producer responsibility organisation on his behalf, shall

inform the competent authority thereof not later than one (1) month

after the change.

(11) The information referred to in sub-regulation (9) shall be

provided either online or in writing and shall be signed by any of the

authorised signatories referred to in Schedule 3.

(12) It shall be the responsibility of a registered producer to

retain for a minimum of five (5) years the information referred to in

sub-regulation (9). Such records shall be made available to the

competent authority upon request.

(13) Where a producer or where relevant, the authorised

producer responsibility organisation on his behalf, fails or refuses to

submit a complete application within one (1) month of the date of a

request by the competent authority for such application, the competent

authority shall refuse the application.

(14) Without prejudice to commercial and industrial

confidentiality, the information referred to in sub-regulation (9) shall

be made available in accordance with the Freedom of Access to

Information on the Environment Regulations.

(15) Producers or third parties acting on their behalf may

provide, on a voluntary basis, further data on fishing gear containing

plastic as is available, which may include, inter alia, data on

production, exports and imports and specific sub-fractions of such

gear.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) Without prejudice to the Waste Regulations, any

person who intends to operate a producer responsibility organisation

specifically for fulfilling the obligations imposed by these regulations,

on behalf of producers of fishing gear containing plastic, shall require

and obtain a valid authorisation from the competent authority.

(2) An application for an authorisation under sub-regulation

(1) shall

(a)

be made in writing;

(b)

contain the information listed in Part A of Schedule

2;

(c) be signed by any of the authorised signatories

referred to in Schedule 3;

(d) be accompanied by a non-refundable fee of five

hundred euro (€500); and

(e) be accompanied by a work plan providing the

information referred to in Part B of Schedule 2 which has to be

to the satisfaction of the competent authority.

(3) The competent authority may specify the format in which

the work plan referred to in sub-regulation (2) is to be made available.

(4) An authorisation granted by the competent authority shall

be subject to conditions included in the authorisation, inter alia, the

requirement that the services offered by an authorised producer

responsibility organisation shall be

(a) open to the participation of all producers under non-

discriminatory conditions and such participation shall not be

refused or revoked without reasonable justification; and

(b)

designed so as to avoid any barriers to trade or

distortions of competition in conformity with the relevant

regulations.

(5) An authorisation granted by the competent authority under

these regulations shall be valid for a period of time as determined in

the authorisation itself

Provided that where an authorisation granted by the

competent authority is valid for a period exceeding two (2) years, the

Authority may require the producer responsibility organisation to

submit an updated work-plan.

(6) Where an authorisation granted under sub-regulation (4) is

due to expire, an authorised producer responsibility organisation that

wants to continue to operate as an authorised producer responsibility

organisation shall, not later than six (6) months before the expiry of the

authorisation

(a) submit an application to the competent authority to

renew the authorisation granted under these regulations;

(b) provide to the competent authority a revised version

of the work plan for the operation of the producer responsibility

organisation that complies with Part B of Schedule 2, signed by

any of the authorised signatories referred to in Schedule 3.

(7) The renewal of the authorisation to operate a producer

responsibility organisation shall be approved where the competent

authority is satisfied as to the contents of the revised version of the

work plan provided as required by sub-regulation (6)(b).

(8) An authorised producer responsibility organisation acting

on behalf of producers placing on the market fishing gear containing

plastic shall, within four (4) months of the issuance of the

authorisation, be required to submit an adequate financial guarantee in

accordance with the criteria established by the Authority, covering the

costs established in sub-regulations (6) and (7) of regulation 4 with

respect to the fishing gear containing plastic placed on the market by

its producers in any given year, in case of failure of the producer

responsibility organisation to fulfil such obligations

Provided that any money drawn by the Authority from the

guarantee shall be used to contribute towards financing the activities

established in sub-regulations (6), (7) and (8) of regulation 4 with

respect to the fishing-gear containing plastic placed on the market by

the producers participating in such producer responsibility

organisation.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

(1) An authorised producer responsibility organisation

shall submit an annual report to the Authority within four (4) calendar

months of the closing of the preceding year. The annual reports shall

contain at least the following information

(a) list of producers participating in the producer

responsibility organisation during the reporting period;

(b) quantities of fishing gear containing plastic placed on

the national market by the producers who participate in the

producer responsibility organisation, by weight and number of

items during the specific reporting period in accordance with the

reporting formats which shall be established by the Authority;

(c) details on the information and awareness-raising

campaigns financed by the producer responsibility organisation

in accordance with regulation 4(6);

(d)

any other information as specified by the Authority.

(2) Without prejudice to commercial and industrial

confidentiality, a digital copy of the annual report referred to in sub-

regulation (1) shall be made available in accordance with the Freedom

of Access to Information on the Environment Regulations.

(3) An authorised producer responsibility organisation shall

use the services of an independent auditor, approved by the Authority.

The auditor shall be required to certify that all the information reported

to the Authority is in conformity with the obligations of this regulation

and is as specified in the authorisation issued by the Authority.

Furthermore, an authorised producer responsibility organisation shall

ensure that a sound auditing procedure for traceability, monitoring and

control is put into place to appraise

(a) its financial management, including compliance with

the requirements established in sub-regulations (6), (7) and (8) of

regulation 4; and

(b) the quality of data collected and reported in

accordance with these regulations.

(4) An authorised producer responsibility organisation shall

submit the audit report prepared in accordance with sub-regulation (3)

together with the annual report referred to in sub-regulation (1).

(5) Without prejudice to preserving the confidentiality of

commercially sensitive information in conformity with the relevant

legislation, an authorised producer responsibility organisation shall

make publicly available information pertaining to

(a)

its ownership and membership; and

(b) the financial contributions paid by its members, per

unit sold or per tonne of fishing gear containing plastic placed on

the market in Malta.

(6) An authorised producer responsibility organisation shall

also submit a half-yearly report to the Authority within three (3)

calendar months following the end of that period, which report shall

contain at least the information indicated in sub-regulation (1).

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

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

regulations if he

(a) fails to comply with any provisions of these

regulations or fails to comply with permit conditions or with any

order lawfully given in accordance with any provision of these

regulations;

(b) contravenes any restriction, prohibition

or

requirement imposed by or under these regulations;

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

regulations;

(d) conspires, aids or abets any other person by whatever

means, including advertising, counselling or procurement to

carry out any of the breaches indicated in paragraphs (a) to (c);

or

(e) attempts any of the offences indicated in paragraphs

(a) to (d).

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

Any person who commits an offence against these Punishments.

regulations shall on conviction be liable

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

two thousand and four hundred euro (€2,400);

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

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

euro (€4,800)

Provided 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 as a result of the said offence, the revocation of the

permit issued by the competent authority and the confiscation of

the corpus delicti, if applicable.

Malta Government Gazette — Legal Notice 2025 131 · Gazzetta tal-Gvern ta’ Malta Nru. 21,467 – 11.07.2025 — Extended Producer Responsibility

The provisions of articles 23 and 30 of the Criminal Code

shall apply mutatis mutandis, to proceedings in respect of offences

against these regulations, so however that the disqualification from

holding or obtaining a licence, permit or authority shall in no case be

for less than one (1) year.

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