ECO-CONTRIBUTION (EXEMPTIONS) REGULATIONS

SUBSIDIARY LEGISLATION 473.05

ECO-CONTRIBUTION (EXEMPTIONS)

REGULATIONS

1st July, 2009 *

LEGAL NOTICE 84 of 2010, as amended by Legal Notices 299 of 2019

and 258 of 2021.

(1) The title of these regulations is the Eco-Contribution

(Exemptions) Regulations.

(2) These regulations provide measures, procedures and

additional guidance to the Eco-Contribution Act and aim to

regulate the granting of exemptions in respect of the eco-

contribution due on products placed on the market by producers

who participate in the recovery of packaging waste through waste

recovery schemes.

(3) These regulations shall be read and construed in the context

of the provisions of the Eco-Contribution (Approved Waste

Recovery Facilities) Regulation.

Regulation 3

Packaging waste

Carboys, bottles, flasks, jars and other containers made of plastic, glass or metal,

containing any of the following beverages

Clusters of products

Waters, including natural or artificial mineral waters and aerated

waters not containing added sugar or other sweetening matter nor

flavoured; ice and snow

Waters, including mineral waters and aerated waters containing added

sugar or other sweetening matter or flavoured, and other non-alcoholic

beverages, not including fruit or vegetable juices of heading 2009

Beer made from malt

Wine of fresh grapes, including fortified wines; grape must other than

that of heading 2009

Vermouth and other wine of fresh grapes flavoured with plants or

aromatic substances

Other fermented beverages (for example, cider perry, mead); mixtures

of fermented beverages and mixtures of fermented beverages and non-

alcoholic beverages, not elsewhere specified or included

Undenatured ethyl alcohol of an alcoholic strength by volume of less

than 80% vol; spirits, liqueurs and other spirituous beverages

Empty carboys, bottles, flasks, jars and other containers made of plastic, glass or

metal under the following

Clusters of products

Articles for the conveyance or packaging of beverages

Articles for the conveyance or packaging of beverages

Cans of aluminium for the conveyance or packaging beverages

Toiletries and washing preparations, under the following headings

Clusters of products

Perfumes and toilet waters

Beauty or make-up preparations and preparations for the care of the

skin (other than medicaments), including sunscreen or suntan

preparations; manicure or pedicure preparations. But excluding

unscented nursery powder packed in cartons of a weight not exceeding

70 grams and hand and body lotion in containers not exceeding 50ml

Preparations for use on the hair, but excluding items falling under

heading 3305 10 00

Shampoos, in containers exceeding 50 ml

3305 10 00

Preparations for oral or dental hygiene, including denture fixative

pastes and powders; yarn used to clean between the teeth (dental

floss), in individual retail packages

Pre-shave, shaving or aftershave preparations, personal deodorants,

bath preparations, depilatories and other perfumer, cosmetic or toilet

preparations, not elsewhere specified or included; prepared room

deodorisers, whether or not perfumed or having disinfectant

properties. But excluding bath and shower gel in containers not

exceeding 50 ml

Organic surface-active agents (other than soap); surface-active

preparations, washing preparations (including auxiliary washing

preparations) and cleaning preparations, whether or not containing

soap, other than those of heading 3401, not including preparations of

heading 3402 20 or of heading 3402 90

Organic surface-active agents (other than soap); surface-active

preparations, washing preparations (including auxiliary washing

preparations) and cleaning preparations, whether or not containing

soap, other than those of heading 3401, carried under heading 3402 20

or of heading 3402 90

(1)

In these regulations, unless the context otherwise

requires

''the Act'' means the Eco-Contribution Act;

''approved waste recovery facility'' means a facility approved in

terms of the Waste Recovery Scheme Regulations by the approving

body as being engaged in the recovery of waste on a commercial

basis in Malta or outside Malta;

''approving body'' means the body constituted under regulation 7;

"circular economy initiative" means a system through which the

producer can demonstrate direct investment in the transition to the

circular economy that will directly contribute to achieve Malta’s

targets in line with the Waste Framework Directive.

''commercial basis'' means operating with the aim of making a

profit and without any support from public finances, excluding

funding granted by the European Union;

"Circular Economy Malta" means Circular Economy Malta

established by virtue of the Circular Economy Malta (Establishment)

Order;

''exemption period'' means a period of one calendar year,

provided that for the period commencing 1st July 2009, the

exemption period means a period running from 1st July 2009 until

31st December 2010;

''exemption rate'' means the percentage of products placed on the

market which are exempt from eco-contribution as a percentage of

*See regulation 1(2) of these regulations, as originally promulgated.

the amount of total products placed on the market as shown in

Schedule 2 for the relevant exemption period;

''recycling bag'' means a bag without any handles, loops, slots or

any other feature that facilit at es the u se of the bag for the

conveyance of goods, and without any gussets, used for the

disposal of waste;

''the Minister'' m eans the Mi nist er r esponsible for waste

management and includes, to the extent of the authority given, any

person, including any approving body, authorised in that behalf for

any purpose of the Act;

''packaging waste'' means waste listed in Schedule 1;

''permit'' means any permit issued by the Minister in terms of the

E c o - C o n t r i b u t i o n ( A p p r o v e d Wa s t e R e c o v e r y F a c i l i t i e s )

Regulations;

''products'' means the products listed in Schedule 1;

''recovery of waste'' or ''recovery'' means the recovery and

collection of waste from the market, by delivery to an approved

waste recovery facility for the subsequent re-use, recycling or

reclamation thereof;

''recovery rate'' means the percentage of waste recovered as a

percentage of the total amount of waste of products shown in the

Schedules 1 and 2 and placed on the market by a producer for the

relevant exemption period;

''scheme'' or ''waste recovery scheme'' means a system through

which any producer can demonstrate to the satisfaction of the

a pp r ov in g b od y t h e r e c ov e r y o f d o me s ti c , co m m e r c i a l a n d

industrial packaging waste placed by such producer on the market,

when the packaging waste is delivered to one or more approved

waste recovery facilities in terms of the Waste Recovery Scheme

Regulations.

"Waste Framework Directive" means Directive 2008/98/EC of the

European Parliament and of the Council of 19 November 2008 on

waste and repealing certain Directives.

(2) Any term not defined in these regulations shall have the

same meaning as that assigned to it in the Act.

Regulation 4

Recovery rate

Exemption rate

Up to and including 40% of the amount of products placed on the

market

Exceeding 40% and up to and including 50% of the amount of

products placed on the market

Exceeding 50% and up to and including 60% of the amount of

products placed on the market

Exceeding 60% and up to and including 70% of the amount of

products placed on the market

In excess of 70% of the amount of products placed on the market

In all cases, a minimum of 60% of the total packaging waste which is recovered

shall be collected from door-to-door collection and domestic bring-in sites.

A producer who participates in an approved waste recovery

scheme may, apply for an exemption from payment of eco-

contribution due on products where the producer indicates that

packaging waste generated from such products will be recovered

through the waste recovery scheme

Provided that the eco-contribution return shall still be duly

filed by the producer in terms of the Act.

Regulation 6(2)

Plastic Bags

Clusters of products

Recycling bags, without any handles, loops, slots or any other feature

that facilitates the use of the bag for the conveyance of goods, and

without any gussets, used for the disposal of waste and which are

distributed to the general public and Local Councils for the purpose of

encouraging the separation of domestic waste for recycling

(1) Upon an exemption being granted by the approving

body, no eco-contribution shall be payable by a producer in an

exemption period on all or a percentage of products calculated in

terms of the exemption rate and which constitute packaging waste

placed on the market by the producer as stipulated in Schedule 2

Provided that, in respect of the total amount of packaging

waste that will be declared as placed by such producer on the

market, the waste recovery scheme undertakes to recover, separate

and recycle a percentage of such packaging waste, with the

minimum recovery rates in terms of Schedule 2, calculated by

reference to the amount of packaging waste placed on the market

during such exemption period.

(2) Where following the grant of an exemption, eco-

contribution would have been paid in the relevant exemption

period, the producer shall be eligible to a refund of eco-

contribution paid on all or on a percentage of products placed on

the market calculated in terms of the exemption rate as stipulated in

Schedule 2.

(3) Where the thresholds set in sub-regulation (1) are not

reached, the exemption in favour of the producer shall be revoked

and the eco-contribution, which would have been due other than

owing to the exemption, shall be due in full

Provided that the producer shall be deemed to be in

possession of a valid exemption if such producer subscribes to

another approved scheme in terms of the proviso to regulation 4(2)

of the Eco-Contribution (Approved Waste Recovery Facilities)

Regulations.

(4) Nothing included in these regulations shall preclude the

scheme from its obligations to acquire the necessary permits

granting access to collect such packaging waste from the owner or

holder of such waste from within localities where waste collection

falls under the responsibility of Local Councils.

(5) Notwithstanding the provisions of sub-regulation (3), where

the thresholds set in sub-regulation (1) are not met, the Minister may,

on the advice of Circular Economy Malta exempt a producer from the

payment of eco-contribution due on products, if such producer proves

to the satisfaction of the Minister that in a period after the eco-

contribution becomes due, he is participating in a circular economy

initiative and has either invested or is going to invest in the said

scheme within a specified time-limit approved by the Minister, a sum

equivalent to or higher than the amount of eco-contribution which

would have been due.

(1) An application for an exemption from eco-contribution

due on products may be made on a form issued by the approving

body.

(2) The application shall be accompanied by such documentary

evidence to the satisfaction of the approving body indicating the

quantity and nature of packaging waste recovered as per Schedule 2

and which will be recovered from the products placed on the

market by a producer during the relevant exemption period.

(3) Exemptions shall be granted on a provisional basis, and

shall become final only when a certificate is issued in terms of

regulation 8.

(1)

Subject to the condition set out in sub-regulation (2),

producers exempted in terms of these regulations who distribute

recycling bags free of charge to the general public and to Local

Councils for the purpose of encouraging the separation of domestic

waste for recycling, shall be exempt from eco-contribution on such

bags.

(2) The bags distributed shall be those identified in Schedule 3

and shall have printed on each side, in a character font of not less

than two centimetres and in a manner which is clearly visible, a

label consisting of, but not limited to, the following information

(a) the name of the approved scheme, and in the absence

thereof, the name of the operator of the approved

scheme,

(b) the business address of the approved scheme, and in

the absence thereof, the business address of the

operator of the approved scheme.

The approving body shall be

composed

of

one

representative from each of the following -

(a) the Malta Environment and Planning Authority;

(b) the Ministry responsible for waste management and

strategy implementation; and

(c) the Ministry responsible for finance,

and shall regulate its own procedures in processing and approving

requests for exemptions from eco-contribution.

(1) The approving body shall issue a certificate in respect

of each producer whose application for exemption from eco-

contribution is accepted.

(2) The certificate shall be valid for the relevant exemption

period and may be renewed for subsequent exemption periods

subject to the producer submitting documentary evidence as

stipulated in regulation 5(2).

(3) Without prejudice to regulation 4(3) and the proviso

thereto, the approving body may revoke a certificate if any of the

c o n d i t i o n s f o r t h e ap p l i c a t i o n o f t h e e x e m p t i o n f r o m e c o -

contribution is not satisfied or no longer adhered to.

(4) The approving body may issue a list of producers in

possession of a valid certificate and the corresponding products on

which the exemption from eco-contribution is applicable.

The provisions regulating appeals set out in the Act shall

be applicable to appeals from decisions of the approving body

made to the Appeals Board.

ECO-CONTRIBUTION (EXEMPTIONS)

ECO-CONTRIBUTION (EXEMPTIONS)