Transposition of the remaining Articles of the Single Use Plastics Directive

CONSULTATION BRIEF

Mur għall-verżjoni Maltija

Start date:  15 December 2021

Closing date: 9 February 2022

Title of the public consultation: Transposition of the remaining Articles of the Single Use Plastics Directive

Ministry: Ministry for the Environment, Climate Change and Planning

Entity: Environment & Resources Authority

 

  1. Background

In June 2019, the EU adopted Directive (EU) 2019/904 on the reduction on the impact of certain plastic products on the environment (known as Single Use Plastic or SUP Directive). The SUP Directive targets the most commonly found single-use plastic (SUP) items on European beaches as well as fishing gear and oxo-degradable plastics through a suite of different measures tailored to achieve the most effective results, whilst also taking into account the availability of more sustainable alternatives. Such measures range from market restrictions and separate collection for recycling targets to consumption reduction measures, marking and other product requirements as well as new Extended Producer Responsibility (EPR) obligations.

In December 2020, Malta enacted the Restrictions on Placing on the Market of Single-Use Plastic Products Regulations (enacted as S.L. 549.140 and S.L 117.41), transposing Article 5 and Articles 6 (1) and 6 (2) of the SUP Directive. In line with the SUP Directive, S.L. 549.140 prohibits the placing on the market of products made from oxo-degradable plastic as well as the SUP products listed in Part A of the Schedule. S.L. 549.140 also prohibits the placing on the market of beverage containers as from 3rd July 2024 if their caps and lids do not remain attached to such containers during the products’ intended use stage.

The transposition of the remaining articles of the SUP Directive into national legislation necessitates a number of amendments to existing waste legislation, as well as the drafting of new framework regulations, such that a total of three Legal Notices (LNs) have been prepared:

  1. Single-Use Plastic Framework Regulations, 2021;
  2. Restrictions on Placing on the Market of Single-Use Plastic Products (Amendment No 2) Regulations, 2021; and
  3. Beverage Containers Recycling (Amendment) Regulations, 2021.

An overview of the proposed legal instruments is provided in the Documents section.

 

  1. Consultation

In line with Article 55 of the Environment Protection Act (Cap. 549), the public is invited to make submissions to ERA with their comments as to why and how these draft regulations could be amended.

 

  1. Documents

Overview of the proposed legal instruments

Single-Use Plastic Framework Regulations, 2021

Regolamenti tal-2021 dwar Qafas dwar Prodotti tal-Plastik li Jintużaw Darba Biss

Restrictions on Placing on the Market of Single-Use Plastic Products (Amendment No 2) Regulations, 2021

Regolamenti tal-2021 li jemendaw ir-Regolamenti dwar Restrizzjonijiet fuq it-Tqegħid fis-Suq ta’ Prodotti tal-Plastik li Jintużaw Darba Biss (Emenda Nru. 2)

Beverage Containers Recycling (Amendment) Regulations, 2021

Regolamenti tal-2021 li jemendaw if-Regolamenti dwar ir-Riċiklaġġ ta’ Kontenituri tax-Xorb

Stakeholder Consultation Meeting Presentation

Stakeholder Consultation Meeting Video

Public Consultation Meeting Video

 

  1. Submission of feedback & Consultation Sessions

Comments will be received by email on era.policy@era.org.mt by 9 February 2022.

 

  1. Further notes

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.

All comments submitted shall be duly considered.