S.L. 549.149 Art. 16Applicabilityofthe Criminal Code. Cap. 9. Cap. 9.           S.L. 549.134.  S.L. 549.139.  S.L. 549.139.

(1) The provisions of articles 23 and 30 of the

Criminal Code shall, apply to proceedings in respect mutatis mutandis, of offences against these regulations, sohowever that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one (1) year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations shall be held before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. SCHEDULE 1

Part A

Single-use plastic products covered by regulation 4 on consumption reduction

(1) Cups for beverages, including their covers and lids.

(2) Food containers, that is, receptacles such as boxes, with or without a cover, used to contain food which:

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

(b) is typically consumed from the receptacle; and

(c) 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.

Part B

Single-use plastic products covered by regulation 6 on marking requirements

(1) Sanitary towels (pads), tampons and tampon applicators.

(2) Wet wipes, that is, pre-wetted personal care and domestic wipes.

(3) Tobacco products with filters and filters marketed for use in combination with tobacco products.

(4) Cups for beverages.

Part C

I. Single-use plastic products covered by regulation 8 on extended producer responsibility

(1) Food containers, that is, receptacles such as boxes, with or without a cover, used to contain food which:

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

(b) is typically consumed from the receptacle; and

(c) 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.

(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation.

(3) 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 glass or metal beverage containers that have caps and lids made from plastic, excluding those single-use plastic beverage containers that fall within the scope of the Beverage

Containers Recycling Regulations;

(4) Cups for beverages, including their covers and lids;

(5) Lightweight plastic carrier bags as defined in regulation 3

of the Restrictions on Placing on the Market of Lightweight Plastic Carrier Bags Regulations.

II. Single-use plastic products covered by regulation 8 on extended producer responsibility

(1) Wet wipes, that is, pre-wetted personal care and domestic wipes;

(2) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers.

III. Deleted by Legal Notice 130 of 2025.

Part D

Single-use plastic products covered by regulation 5 on product requirements and regulation 11 on separate collection

Beverage bottles with a capacity of up to three (3) litres, including their caps and lids, but not:

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

(b) beverage bottles intended and used for food for special medical purposes as defined in point (g) of Article 2 of Regulation (EU) No 609/2013 that is in liquid form. Part E

Single-use plastic products covered by regulation 12 on awareness raising

(1) Food containers, that is, receptacles such as boxes, with or without a cover, used to contain food which:

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

(b) is typically consumed from the receptacle; and

(c) 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.

(2) Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation.

(3) 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 glass or metal beverage containers that have caps and lids made from plastic.

(4) Cups for beverages, including their covers and lids.

(5) Tobacco products with filters and filters marketed for use in combination with tobacco products.

(6) Wet wipes, that is, pre-wetted personal care and domestic wipes;

(7) Balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers.

(8) Lightweight plastic carrier bags as defined in regulation

3 of the Restrictions on Placing on the Market of Lightweight Plastic Carrier Bags Regulations.

(9) Sanitary towels (pads), tampons and tampon applicators. SCHEDULE 2 Administrative penalty according to regulation 5(5)

Producers of the beverage bottles listed in Part D of Schedule 1 that failed, either individually or collectively, to achieve the applicable plastic recycled content target set out in regulation 5 during the previous operational year, may be subject to an administrative penalty in accordance with regulation 5(5) and article 81 of the Act, calculated as follows:

A*(B - C)*D = P

where:

"A" is the total weight, in tonnes of the beverage bottles listed in Part D of Schedule 1 placed on the market during the previous operational year;

"B" is the minimum recycled plastic content target set out in regulation 5 applicable for that operational year;

"C" is the content of recycled plastic in PET bottles or plastic bottles, calculated as an average for all PET bottles or plastic bottles placed on the market of Malta by the producers, either individually or collectively, during the previous operational year, provided that if C is greater than or equal to B, P would be considered to be equal to zero (0);

"D" is a fee equivalent to:

- one hundred euro (€100) per tonne if the difference between "B" and "C" is more than 15 percentage points;

- seventy-five euro (€75) per tonne if the difference between "B" and "C" is between 15 to 10 percentage points, both inclusive; and

- fifty-five euro (€55) per tonne if the difference between "B" and "C" is less than 10 percentage points;

"P" is the administrative penalty for the producers of the beverage bottles listed in Part D of Schedule 1 that failed, either individually or collectively, to achieve the minimum recycled plastic content target.