Extended Producer Responsibility Framework Regulations, 2020


CONSULTATION BRIEF

Start date: 5 October 2020

Closing date: 2 November 2020 (Closing date extended to 16th November 2020)

Title of the public consultation: Extended Producer Responsibility Framework Regulations, 2020

Ministry: Ministry for the Environment, Climate Change and Planning

Entity: Environment & Resources Authority (ERA)


1. Background

The draft Extended Producer Responsibility Framework Regulations, 2020, transpose articles 8 and 8a of the Waste Framework Directive (Directive 2008/98/EC) as amended by Directive (EU) 2018/851, which govern the implementation of the Extended Producer Responsibility (EPR) principle across the EU. The latter amending directive forms part of the “Waste Legislative Package”, which is composed of four (4) directives, adopted in 2018 as part of the Circular Economy Action Plan. The overarching aim of this Waste Legislative Package is to improve waste management within the EU, in order to move further towards a true circular economy.

The proposed draft regulations form stand-alone framework regulations which serve to regulate EPR, which, in brief, means that a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle. In view of the inter-disciplinary nature of EPR, its effective implementation and regulation would involve the cooperation of the Environment and Resources Authority, the Resource, Recovery and Recycling Agency, the Department for Local Government, and the Malta Competition and Consumer Affairs Authority. In fact, the draft LN is intended to be published under three acts, namely the Environment Protection Act (CAP. 549), the Local Councils Act (CAP. 363) and the Competition Act (CAP. 379).

 

2. Proposed amendments

The draft Extended Producer Responsibility Framework Regulations establish rules on EPR and transpose the new general minimum requirements for EPR schemes and producer responsibility organisations as outlined in the directive.

The regulations allow for the utilisation of legislative or other measures to subject new products to EPR, in accordance with the provisions included therein. Therefore the EPR regulations, including the new general minimum requirements, are to apply to any new EPR scheme set up, as well as to existing EPR schemes.

In line with the amended Waste Framework Directive, the main novelty introduced by these Regulations is the establishment of the EPR Consultative Committee, whose role shall be to assist ERA in the carrying out of its functions vis-à-vis the implementation of the EPR principle in Malta and shall be composed of representatives of multiple relevant public authorities.

In line with article 14(2) of the Waste Framework Directive, the draft regulations also clarify that the costs of waste management are to be borne wholly by the producer of the product from which the waste came, provided that the distributors of such product may share these costs.

Finally, the draft regulations include provisions on the right of ERA to conduct investigations, the identification and protection of confidential information, the right of appeal and the applicable offences.

 

3. Comments

The draft Extended Producer Responsibility Framework Regulations, 2020, may be viewed from here: EN and MT.

Any comments are to be submitted to ERA by 2nd November 2020 (Closing date extended to 16th November 2020) at the latest, on the following email address: international.affairs@era.org.mt.

We thank you in advance for your input.

 

Publication of information

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.