Waste Management (Packaging and Packaging Waste) (Amendment No. 2) Regulations, 2021

B 3808 L.N. 452 of 2021 ENVIRONMENT PROTECTION ACT (CAP. 549) PRODUCT SAFETY ACT (CAP. 427) Waste Management (Packaging and Packaging Waste) (Amendment No. 2) Regulations, 2021 IN EXERCISE of the powers conferred by articles 54 and 55 of the Environment Protection Act, and by article 38 of the Product Safety Act, the Minister for the Environment, Climate Change, and Planning, after consultation with the Environment and Resources Authority, and the Minister for Tourism and Consumer Protection, on the advice of the Director General (Technical Regulations), have made the following regulations: Citation. S.L. 549. 43. 1. The title of these regulations is the Waste Management (Packaging and Packaging Waste) (Amendment No. 2) Regulations, 2021 and these regulations shall be read and construed as one with the Waste Management (Packaging and Packaging Waste) Regulations, hereinafter referred to as "the principal regulations". Amends regulation 8 of the principal regulations. 2. Paragraph (d) of sub-regulation (2) of regulation 8 of the principal regulations, shall be substituted by the following new paragraph: S.L. 549. 63. "(d) at the latest twenty-four (24) months before the respective deadline laid down in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3, the Minister notifies the European Commission of his intention to postpone the respective deadline and submits an implementation plan in accordance with Schedule 15. The Minister may combine that plan with an implementation plan submitted pursuant to the Waste Regulations: Provided that within three (3) months of receipt of the implementation plan submitted, the Commission may request Malta to revise the plan if the Commission considers that the plan does not comply with the requirements set out in Schedule 15. Malta shall submit a revised plan within three (3) months of receipt of the Commission’s request.". VERŻJONI ELETTRONIKA B 3809 Substitutes regulation 9 of the principal regulations. 3. Regulation 9 of the principal regulations shall be substituted by the following new regulation: Amends regulation 10 of the principal regulations. S.L. 549. 63. 4. In paragraph (a) of sub-regulation (1) of regulation 10 of the principal regulations, the words "Annex IVa to Directive 2008/98/ EC" shall be substituted by the words "Schedule 12 of the Waste Regulations". Substitutes Schedule 4 to the principal regulations. 5. Schedule 4 to the principal regulations shall be substituted by the following new Schedule: "SCHEDULE 4 (Regulation 9) DATA TO BE INCLUDED BY THE COMPETENT AUTHORITY IN ITS DATABASE ON PACKAGING AND PACKAGING WASTE (IN ACCORDANCE WITH TABLES 1 TO 4) 1. For primary, secondary and tertiary packaging: (a) quantities, for each broad category of material, of packaging consumed within the country (produced + imported exported) (Table 1); (b) quantities reused (Table 2). 2. For household and non-household packaging waste: (a) quantities for each broad category of material, recovered and disposed of within the country (produced + imported - exported) (Table 3); (b) quantities recycled and quantities recovered for each broad category of material (Table 4). "Information systems and reporting. 9. The competent authority shall maintain a database containing annual records about packaging and packaging waste according to the format specified in Schedule 4 and shall provide in particular information on the magnitude, characteristics and evolution of the packaging and packaging waste flows at the national level, including information on the toxicity or danger of packaging materials and components used for their manufacture.". VERŻJONI ELETTRONIKA B 3810 TABLE 1: Quantity of packaging (primary, secondary and tertiary) consumed within the national territory TABLE 2: Quantity of packaging (primary, secondary and tertiary) reused within the national territory Tonnage Produced Tonnage Exported + Tonnage imported = Total Glass Plastic Paper/ cardboard (including composite) Ferrous metal Aluminium Wood Other Total Tonnage of packaging placed on the market for the first time Reusable packaging Reusable sales packaging Tonnage Percentage Tonnage Percentage Glass Plastic Paper/ cardboard (including composite) Ferrous metal Aluminiu m Wood Other Total VERŻJONI ELETTRONIKA B 3811 TABLE 3: Quantity of packaging waste recovered and disposed of within the national territory Tonnag e of waste produced Tonnage of waste exported + Tonnage of waste imported = Total Household waste Glass packaging Plastic packaging Paper/ cardboard packaging Cardboard composite packaging Ferrous metal packaging Aluminium packaging Wood packaging Total household packaging waste Non household waste Glass packaging Plastic packaging Paper/ cardboard packaging Cardboard composite packaging Ferrous metal packaging Aluminium packaging Wood packaging Total non household packaging waste VERŻJONI ELETTRONIKA B 3812 TABLE 4: Quantity of packaging waste recycled or recovered within the national territory Total tonnage recovered and disposed of Quantity recycled Quantity recovered Tonn age Percen tage Ton nage Perce ntage Household waste Glass packaging Plastic packaging Paper/ cardboard packaging Cardboard composite packaging Ferrous metal packaging Aluminium packaging Wood packaging Total household packaging waste Non household waste Glass packaging Plastic packaging Paper/ cardboard packaging Cardboard composite packaging Ferrous metal packaging Aluminium packaging Wood packaging VERŻJONI ELETTRONIKA B 3813 ". Adds new Schedule to the principal regulations. 6. Immediately after Schedule 14 to the principal regulations there shall be added the following new Schedule: "SCHEDULE 15 (Regulation 8) IMPLEMENTATION PLAN The implementation plan to be submitted pursuant to paragraph (d) of sub-regulation (2) of regulation 8 shall contain the following: 1. Assessment of the past, current and projected rates of recycling, landfilling and other treatment of packaging waste and the streams of which it is composed. 2. Assessment of the implementation of waste management plans and waste prevention programmes in place pursuant to regulations 28 and 29 of the Waste Regulations. 3. Reasons for which Malta considers that it might not be able to attain the relevant target laid down in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3 within the deadline set therein and an assessment of the time extension necessary to meet that target. 4. Measures necessary to attain the targets laid down in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3 that are applicable to Malta during the time extension, including appropriate economic instruments and other measures to provide incentives for the application of the waste hierarchy as set out in regulation 4A and Schedule 12 of the Waste Regulations. 5. A timetable for the implementation of the measures identified in point 4, determination of the body competent for their implementation and an assessment of their individual contribution to attaining the targets applicable in the event of a time extension. 6. Information on funding for waste management in line with the polluter-pays principle. 7. Measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management.". Total non household packaging waste VERŻJONI ELETTRONIKA Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper Prezz/Price €0.63 VERŻJONI ELETTRONIKA