The Waste Management (Packaging and Packaging Waste) (Amendment) Regulations, 2020

CONSULTATION BRIEF


1. BACKGROUND

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.

2. IMPLICATIONS
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.

3. COMMENTS
The draft Waste Management (Packaging and Packaging Waste) (Amendment) Regulations, 2020, may be viewed from the following link.

Any comments are to be submitted to ERA by Friday, 3rd July 2020 at the latest, on the following email address: international.affairs@era.org.mt

The Ministry for the Environment, Climate Change and Planning and the Environment and Resources Authority shall take into consideration your concerns and comments as far as possible.

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.

Documents
Post-Consultation Brief