RESTRICTIONS ON PLACING ON THE MARKET OF LIGHTWEIGHT PLASTIC CARRIER BAGS REGULATIONS

RESTRICTIONS ON PLACING ON THE MARKET OF

LIGHTWEIGHT PLASTIC CARRIER BAGS

SUBSIDIARY LEGISLATION 117.40

RESTRICTIONS ON PLACING ON THE MARKET OF

LIGHTWEIGHT PLASTIC CARRIER BAGS

REGULATIONS

30th December, 2020

LEGAL NOTICE 480 of 2020.

The title of these regulations is the Restrictions on

Placing on the Market of Plastic Carrier Bags Regulations.

(1)

These regulations bring into effect the provisions

of Directive (EU) 2015/720 of the European Parliament and of the

Council of 29 April 2015 amending Directive 94/62/EC as regards

reducing the consumption of lightweight plastic carrier bags.

(2)

The Environment and Resources Authority and the

Customs Department shall collaborate and cooperate in enforcing

these regulations.

(3)

These regulations shall not apply to the plastic carrier

bags not intended for placing on the market in Malta.

(1)

In these regulations, unless the context otherwise

requires

"biodegradable and compostable plastic carrier bags" means

plastic carrier bags certified by an accredited conformity assessment

body to comply with harmonised standard EN 13432:2000 on

requirements for packaging recoverable through composting and

biodegradation;

"lightweight plastic carrier bags" means plastic carrier bags

with a wall thickness below 50 microns;

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

carrier bags for distribution, consumption or use on the market in

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

payment or free of charge;

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

plastic carrier bags on the market in Malta;

"plastic" means a polymer within the meaning of Article 3(5) of

Regulation (EC) No 1907/2006 of the European Parliament and of the

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

and which is capable of functioning as a main structural component of

carrier bags;

"plastic carrier bags" means carrier bags, with or without

RESTRICTIONS ON PLACING ON THE MARKET OF

LIGHTWEIGHT PLASTIC CARRIER BAGS

handle, made of plastic, which are supplied to consumers at the point of

sale of goods or products;

"point of sale" means any retail premises, whether movable or

immovable, or a retail website or similar online sales facility, including

a telephone service;

"producer" means any natural or legal person who

(a)

is established in Malta and manufactures plastic

carrier bags to be placed on the market in Malta;

(b)

is established in Malta and places on the market of

Malta, on a professional basis, plastic carrier bags, from a third

country or from another EU Member State;

(c)

sells plastic carrier bags by means of distance

communication as defined in the Consumer Rights Regulations

directly to consumers in Malta and is established in another EU

Member State or third country;

"reusable plastic carrier bags" means plastic carrier bags which

have been conceived, designed and placed on the market to accomplish

within its lifecycle multiple trips or rotations by being reused for the

same purpose for which it was conceived;

"very lightweight plastic carrier bags" means plastic carrier bags

with a wall thickness below 15 microns which are required for hygiene

purposes or provided as primary packaging for loose food when this

helps to prevent food wastage.

(1)

As from 1 January 2021, the importation, intra-

Community acquisition, and manufacturing for the circulation on the

market in Malta, in the course of a commercial activity, of any

lightweight plastic carrier bags shall be prohibited.

(2) As from 1 January 2022, any supply of lightweight plastic

carrier bags for distribution, consumption or use on the market in

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

payment or free of charge, shall be prohibited.

(3)

The following plastic carrier bags shall be exempt from

the prohibitions referred to in sub-regulations (1) and (2)

(a)

very lightweight plastic carrier bags;

(b)

biodegradable and compostable plastic carrier

bags; and

(c)

reusable plastic carrier bags.

RESTRICTIONS ON PLACING ON THE MARKET OF

LIGHTWEIGHT PLASTIC CARRIER BAGS

(4)

Producers of biodegradable and compostable plastic

carrier bags shall, upon applying to renew their registration in

accordance with regulation 21(2) of the Waste Management

(Packaging and Packaging Waste) Regulations, submit the certificates

issued by an accredited conformity assessment body indicating that all

the biodegradable and compostable plastic carrier bags placed on the

national market in the course of a calendar year comply with

harmonised standard EN 13432:2000

Provided that such certificates shall be made available to

the Environment and Resources Authority upon request and to the

Customs Department on importation, intra-Community acquisition,

manufacturing or otherwise when requested.

(5)

The biodegradable and compostable plastic carrier bags

shall be labelled in accordance with the specifications provided for in

the implementing act referred to in Article 8a of Directive 94/62/EC.

(1)

Any person who contravenes or fails to comply

with the prohibitions under regulation 4, shall, on conviction, be guilty

of an offence under these regulations.

(2)

Any person who commits or attempts to commit an

offence against these regulations shall, on conviction, be liable

(a)

on a first conviction to a fine (multa) not

exceeding one thousand five hundred euro (€1,500);

(b)

on a second or subsequent conviction, to a fine

(multa) not exceeding two thousand five hundred euro

(€2,500)

Provided that the court shall order any person who has

been found guilty of committing an offence against these regulations

to pay for the expenses incurred by any of the competent authorities as

a result of the said offence and shall moreover order the confiscation

of the products to which the offence relates, even though the owner

thereof may not be a party to the proceedings.

(3)

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

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

offences against these regulations.