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Eco-Contribution Act (Cap. 473) Eco-Contribution (Exemptions) Regulations, 2010 (L.N. 84 Of 2010 )

ECO-CONTRIBUTION ACT (CAP. 473)Eco-Contribution (Exemptions) Regulations, 2010

IN exercise of the powers conferred by articles 12 and 13 of the Eco-Contribution Act, the Minister for Resources and Rural Affairs in concurrence with the Minister of Finance, the Economy and Investment, has made the following regulations:-

Citation, commencement and scope.

Interpretation.

(Exemptions) Regulations, 2010.
(2) These regulations shall be deemed to have come into force on the 1st July, 2009.
(3) These regulations provide measures, procedures and additional guidance to the Act and aim to regulate the granting of exemptions in respect of the eco-contribution due on products placed on the market by producers who participate in the recovery of packaging waste through waste recovery schemes.
(4) These regulations shall be read and construed in the context of the provisions of the Eco-Contribution (Approved Waste Recovery Facilities) Regulations, 2008. L.N. 74 of
2008.

“the Act” means the Eco-Contribution Act;
“ A p p r o v e d Wa s t e R e c o v e r y F a c i l i t y ” m e a n s a facility approved in terms of the Waste Recovery Scheme Regulations, 2010 by the Approving Body as being engaged in the recovery of waste on a commercial basis in Malta or outside Malta;
“Approving Body” means the body constituted under regulation 7 of these regulations;
“commercial basis” means operating with the aim of making a profit and without any support from public finances, excluding funding granted by the European Union;
“exemption period” means a period of one calendar year, provided that for the period commencing 1st July 2009, the exemption period means a period running from 1st July 2009 until 31st December 2010;
“exemption rate” means the percentage of products placed on the market which are exempt from eco-contribution as a percentage of the amount of total products placed on the market as shown in Schedule 2 for the relevant exemption period;
“recycling bag” means a bag without any handles, loops, slots or any other feature that facilitates the use of the bag for the conveyance of goods, and without any gussets, used for the disposal of waste;
“the Minister” means the Minister responsible for waste management and includes, to the extent of the authority given, any person, including any Approving Body, authorised in that behalf for any purpose of the Act;
“packaging waste” means waste listed in Schedule 1; “permit” means any permit issued by the Minister in
terms of the Eco-Contribution (Approved Waste Recovery
Facilities) Regulations, 2008;
“products” means the products listed in Schedule 1; “recovery of waste” or “recovery” means the recovery
and collection of waste from the market, by delivery to an Approved Waste Recovery Facility for the subsequent re-use, recycling or reclamation thereof;
“recovery rate” means the percentage of waste recovered as a percentage of the total amount of waste of products shown in the Schedules 1 and 2 and placed on the market by a producer for the relevant exemption period;
“ s c h e m e ” o r “ w a s t e r e c o v e r y s c h e m e ” m e a n s a system through which any producer can demonstrate to the
B 859
B 860

Exemption from eco- contribution.

Exemption mechanism.

satisfaction of the Approving Body the recovery of domestic, commercial and industrial packaging waste placed by such producer on the market, when the packaging waste is delivered to one or more Approved Waste Recovery Facilities in terms of the Waste Recovery Scheme Regulations, 2010.
(2) Any term not defined in these regulations shall have the same meaning as that assigned to it in the Act.

Provided that the eco-contribution return shall still be duly filed by the producer in terms of the Act.

P r o v i d e d t h a t , i n r e s p e c t o f t h e t o t a l a m o u n t o f packaging waste that will be declared as placed by such producer on the market, the waste recovery scheme undertakes to recover, separate and recycle a percentage of such packaging waste, with the minimum recovery rates in terms of Schedule 2, calculated by reference to the amount of packaging waste placed on the market during such exemption period.
(2) Where following the grant of an exemption, eco- contribution would have been paid in the relevant exemption period, the producer shall be eligible to a refund of eco-contribution paid on all or on a percentage of products placed on the market calculated in terms of the exemption rate as stipulated in Schedule
2.
(3) Where the thresholds set in sub-regulation (1) are not reached, the exemption in favour of the producer shall be revoked and the eco-contribution, which would have been due other than owing to the exemption, shall be due in full:
Provided that the producer shall be deemed to be in possession of a valid exemption if such producer subscribes to
another approved scheme in terms of the proviso to sub-regulation (2) of regulation 4 of the Eco-Contribution (Approved Waste Recovery Facilities) Regulations, 2008.
( 4 ) N o t h i n g i n c l u d e d i n t h e s e r e g u l a t i o n s s h a l l preclude the scheme from its obligations to acquire the necessary permits granting access to collect such packaging waste from the owner or holder of such waste from within localities where waste collection falls under the responsibility of Local Councils.

(2) The application shall be accompanied by such documentary evidence to the satisfaction of the Approving Body indicating the quantity and nature of packaging waste recovered as per Schedule 2 and which will be recovered from the products placed on the market by a producer during the relevant exemption period.
(3) Exemptions shall be granted on a provisional basis, and shall become final only when a certificate is issued in terms of regulation 8.

(2) The bags distributed shall be those identified in Schedule 3 and shall have printed on each side, in a character font of not less than two centimetres and in a manner which is clearly visible, a label consisting of, but not limited to, the following information:
(a) the name of the approved scheme, and in the absence thereof, the name of the operator of the approved scheme,
(b) the business address of the approved scheme, and in the absence thereof, the business address of the operator of the approved scheme.
B 861

Application for exemption.

Distribution of recycling bags.

B 862

Approving Body.

Certificate.

Right of appeal.

(a) the Malta Environment and Planning Authority;
(b) the Ministry responsible for waste management and strategy implementation; and
(c) the Ministry responsible for finance,
and shall regulate its own procedures in processing and approving requests for exemptions from eco-contribution.

(2) The certificate shall be valid for the relevant exemption period and may be renewed for subsequent exemption periods subject to the producer submitting documentary evidence as stipulated in sub-regulation (2) of regulation 5.
( 3 ) Wi t h o u t p r e j u d i c e t o s u b - r e g u l a t i o n ( 3 ) o f regulation 4 and the proviso thereto, the Approving Body may revoke a certificate if any of the conditions for the application of the exemption from eco-contribution is not satisfied or no longer adhered to.
(4) The Approving Body may issue a list of producers in possession of a valid certificate and the corresponding products on which the exemption from eco-contribution is applicable.

B 863

Packaging waste

SCHEDULE 1

Regulation 3

Carboys, bottles, flasks, jars and other containers made of plastic, glass or metal, containing any of the following beverages:

Empty carboys, bottles, flasks, jars and other containers made of plastic, glass or metal under the following:

Toiletries and washing preparations, under the following headings:

B 864

B 865

SCHEDULE 2

Regulation 4

In all cases, a minimum of 60% of the total packaging waste which is recovered shall be collected from door-to-door collection and domestic bring-in sites.

B 866

SCHEDULE 3

Regulation 6(2)

Plastic Bags:

B 867
B 868