RESTRICTIONS ON PLACING ON THE MARKET OF SINGLE-USE PLASTIC PRODUCTS REGULATIONS

SINGLE-USE PLASTIC PRODUCTS

SUBSIDIARY LEGISLATION 117.41

RESTRICTIONS ON PLACING ON THE MARKET OF

SINGLE-USE PLASTIC PRODUCTS REGULATIONS

30th December, 2020

LEGAL NOTICE 481 of 2020, as amended by Legal Notices 499 of

2021, 236 of 2022 and 273 of 2025.

The title of these regulations is the Restrictions on

Placing on the Market of Single-Use Plastic Products Regulations.

(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;

SINGLE-USE PLASTIC PRODUCTS

(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.

(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.

(1a)

These regulations shall be read and construed in

conjunction with the Single-Use Plastic Framework Regulations.

(2)

The Environment and Resources Authority and the

Customs Department shall collaborate and cooperate in enforcing

these regulations.

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

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;

"plastic confetti" means pieces or streamers made wholly or

partly from plastic.

(1)

As from 1 January 2021, the placing on the market

of the single-use plastic products listed in Part A of the Schedule and

of products made from oxo-degradable plastic shall be prohibited

Provided that the distribution, consumption or use in the

course of a commercial activity, whether in return for payment or free

of charge, of the single-use plastic products listed in Part A of the

Schedule and products made from oxo-degradable plastic shall be

SINGLE-USE PLASTIC PRODUCTS

prohibited.

(1a)

The placing on the market of the single-use plastic

products listed in Part B of the Schedule shall be prohibited.

(2)

As from 3 July 2024, the placing on the market of the

single-use plastic products listed in Part C of the Schedule that have

caps and lids made of plastic shall be prohibited

Provided that single-use plastic products listed in Part C

of the Schedule may be exempt from such prohibition only if the caps

and lids remain attached to the containers during the products’ intended

use stage

Provided further that for the purposes of this sub-

regulation, metal caps or lids with plastic seals shall not be considered

to be made of plastic.

(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 comply with regulation 6 of the

said regulations shall be prohibited.

The placing on the market of plastic confetti shall be

prohibited

Provided that after six (6) months following the entry into

force of this regulation, any distribution, consumption or use, whether

in return for payment or free of charge of plastic confetti, shall also be

prohibited.

(1)

Any person who contravenes or fails to comply

with the prohibitions under regulations 4 and 4A, 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.

SINGLE-USE PLASTIC PRODUCTS

(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.