The Waste Management (Packaging and Packaging Waste) (Amendment) Regulations, 2020, aim to streamline the Waste Management (Packaging and Packaging Waste) Regulations (S.L. 549.43), with the Beverage Containers Recycling Regulations.
The amendment being carried out through this draft Legal Notice, serves to partially exclude certain packaging and producers from the scope of S.L 549.43 owing to the fact that such packaging will be regulated by the Beverage Containers Recycling Regulations, and thereby avoiding duplication and overlap of regulation.
The amending regulations in question see the addition of a new sub-regulation (6) to regulation 2 of S.L. 549.43, which lays down the scope of the legislation.
The proposed sub-regulation 2(6), as presented in the draft Legal Notice, will specifically exclude from the scope of the Waste Management (Packaging and Packaging Waste) Regulations, within the limits further defined therein and to the extent that these are covered by the Beverage Containers Recycling Regulations:
a)Beverages in beverage containers intended to be placed on the national market, and
b) A producer of beverages in beverage containers, i.e. any person importing, bottling, canning or otherwise filling beverages in beverage containers intended to be placed on the market within the territory of Malta.
The sub-regulation further clarifies that producers of beverages in beverage containers who place other packaging or packaging material on the market (other than the beverage containers referred to in the Beverage Containers Recycling Regulations), are not so excluded.
Finally, the sub-regulation clarifies that certain provisions of S.L 549.43 will nonetheless remain applicable to all – namely, regulations 4, 5, 6, 7, 11, 18 and Schedule 2, which essentially govern the placement of packaging on the market of Malta.
The draft Waste Management (Packaging and Packaging Waste) (Amendment) Regulations, 2020, may be viewed from the following link.
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