S.L. 549.140 Art. 5Offences and penalties. 

(1) Any person who contravenes or fails to comply with the prohibitions under regulations 4 and 4A, shall, on conviction, be guilty of an offence under these regulations.

(2) Any person who commits or attempts to commit an offence against these regulations shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) not exceeding one thousand five hundred euro (€1,500);

(b) on a second or subsequent conviction, to a fine (multa) not exceeding two thousand five hundred euro (€2,500):

Provided that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by any of the competent authorities as a result of the said offence and shall moreover order the confiscation of the products to which the offence relates, even though the owner thereof may not be a party to the proceedings.

(3) The provisions of article 23 and 30(1) of the Criminal Code shall, apply to proceedings in respect of mutatis mutandis, offences against these regulations.

SCHEDULE

(regulation 4)

Single-use Plastic Products Covered by the Prohibition on Placing on the Market

Part A

(a) cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EEC;

(b) cutlery (forks, knives, spoons, chopsticks);

(c) plates;

(d) straws, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/ EEC;

(e) beverage stirrers;

(f) sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks;

(g) food containers made of expanded polystyrene, that is receptacles such as boxes, with or without a cover, used to contain food which:

(i) is intended for immediate consumption, either on-the-spot or take-away;

(ii) is typically consumed from the receptacle; and

(iii) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;

(h) beverage containers made of expanded polystyrene, including their caps and lids; SINGLE-USE PLASTIC PRODUCTS

(i) cups for beverages made of expanded polystyrene, including their covers and lids.

Part B

(a) pizza lid supports;

(b) sticks to be attached to and to support lollipops that are placed on the market on their own;

(c) kebab sticks;

(d) toothpicks.

Part C

Beverage containers with a capacity of up to three (3) litres, that is receptacles used to contain liquid, such as beverage bottles including their caps and lids, and composite beverage packaging including their caps and lids, but not:

(a) glass or metal beverage containers that have caps and lids made from plastic; and

(b) beverage containers intended and used for food for special medical purposes as defined in point (g) of Article 2(2) of Regulation (EU) No 609/2013 of the European Parliament and of the Council that is in liquid form.