S.L. 549.149 · Single-Use Plastic Framework (S.L. 549.149)
S.L. 549.149 Art. 3Interpretation. Cap. 549. S.L. 595.28. Cap. 409. S.L. 549.63. S.L. 549.141. S.L. 549.43. S.L. 499.71. S.L. 378.17. S.L. 378.17. S.L. 549.141. S.L. 549.63. S.L. 315.10. S.L. 549.63. S.L. 549.63. S.L. 549.63.
In these regulations, unless the context otherwise requires:
"Act" means the Environment Protection Act;
"Agency" means Circular Economy Malta established by the Circular Economy Malta (Establishment) Order;
"Authority" or "competent authority" shall have the same meaning as assigned to it in article 2 of the Act;
"biodegradable plastic" means a plastic capable of undergoing physical and biological decomposition, such that it ultimately decomposes into carbon dioxide (CO ), biomass and 2 water, and is, in accordance with European Standards for Packaging, recoverable through composting and anaerobic digestion;
* Sub-regulations (5) and (8) of regulation 4 are not yet in force. "catering establishment" shall have the same meaning as assigned to it in article 2 of the Malta Travel and Tourism Services Act, excluding nightclubs and discotheques;
"collection" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;
"extended producer responsibility Scheme" shall have the same meaning as assigned to it in regulation 3 of the Extended Producer Responsibility Framework Regulations;
"fishing gear" means any item or piece of equipment that is used in fishing or aquaculture to target, capture or rear marine biological resources or that is floating on the sea surface, and is deployed with the objective of attracting and capturing or of rearing such marine biological resources;
"harmonised standard" shall have the same meaning as assigned to it in point (1)(c) of Article 2 of Regulation (EU) No 1025/2012;
"making available on the market" means any supply of a product for distribution, consumption or use on the market of Malta in the course of a commercial activity, whether in return for payment or free of charge;
"Minister" shall have the same meaning as assigned to it in article 2 of the Act;
"packaging" shall have the same meaning as assigned to it in regulation 3 of the Waste Management (Packaging and Packaging Waste) Regulations;
"placing on the market" means the first making available of a product on the market of Malta;
"plastic" means a material consisting of a polymer as defined in point 5 of Article 3 of Regulation (EC) No 1907/ 2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;
"port reception facility" shall have the same meaning as assigned to it in sub-regulation (1) of regulation 3 of the Port
Reception Facilities for the Delivery of Waste from Ships
Regulations;
"producer" means:
(a) any natural or legal person established in
Malta that professionally manufactures, fills, sells or imports, irrespective of the selling technique used, including by means of distance contracts as defined in regulation 2 of the Consumer Rights Regulations, and places on the market of Malta single-use plastic products, filled single-use plastic products or fishing gear containing plastic, other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council; or
(b) any natural or legal person established in one Member State or in a third country that professionally sells in Malta directly to private households or to users other than private households, by means of distance contracts as defined in regulation 2 of the Consumer Rights Regulations, single-use plastic products, filled single-use plastic products or fishing gear containing plastic, other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013;
"producer responsibility organisation" shall have the same meaning as assigned to it in regulation 3 of the Extended
Producer Responsibility Framework Regulations;
"separate collection" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;
"single-use plastic product" means a product that is made wholly or partly from plastic and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to a producer for refill or re-used for the same purpose for which it was conceived;
"tobacco products" shall have the same meaning as assigned to it in regulation 2 of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations;
"treatment" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;
"waste" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;
"waste fishing gear" means any fishing gear covered by the definition of "waste" in regulation 4 of the Waste Regulations, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including when it was abandoned or lost.