S.L. 549.149 Art. 4Consumption reduction.    S.L. 549.43.  S.L. 549.62.  S.L. 549.100.    S.L. 549.63.  S.L. 499.71.

(1) The Minister in consultation with the competent authority and the Agency shall take the necessary measures to achieve an ambitious and sustained reduction in the consumption of the single-use plastic products listed in Part A of Schedule 1, in line with the overall objectives of the Union’s waste policy, in particular waste prevention, leading to a substantial reversal of increasing consumption trends. Those measures shall achieve a measurable quantitative reduction in the consumption of the single-use plastic products listed in Part A of Schedule 1 on the territory of Malta by the year 2026 compared to the year 2022.

(2) The Minister in consultation with the competent authority and the Agency may include national consumption reduction targets, measures ensuring that re-usable alternatives to the single-use plastic products listed in Part A of Schedule 1 are made available at the point of sale to the final consumer, economic instruments such as instruments ensuring that those single-use plastic products are not provided free of charge at the point of sale to the final consumer.

(3) The Minister in consultation with the competent authority and the Agency may impose marketing restrictions in derogation from regulation 11 of the Waste Management (Packaging and Packaging

Waste) Regulations for the purposes of preventing such products from becoming litter in order to ensure that they are substituted with alternatives that are re-usable or do not contain plastic. The measures may vary depending on the environmental impact of those single-use plastic products over their life cycle, including when they become litter.

(4) Measures adopted pursuant to this regulation shall be proportionate and non-discriminatory.

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(5) Without prejudice to the generality of sub-regulations (1) and (2), single-use plastic products listed in Part A of Schedule 1 that are provided empty or filled at the point of sale shall not be provided free of charge to final consumers by catering establishments:

Provided that catering establishments shall properly inform consumers of the fee charged on such single-use plastic products at the point of sale:

Provided further that the Minister shall by way of publication in the Gazette prescribe the fee applicable to such single-use plastic products and the modalities whereby consumers shall be informed of such fees. The fee shall be charged to final consumers upon supply of such single-use plastic products and shall be clearly indicated in the related fiscal receipt.

*Not yet in force.

(6) Without prejudice to existing Maltese, European Union and international legislation, as from 1 January 2023 catering establishments shall provide an adequate number of reusable alternatives to the single-use plastic products listed in Part A of Schedule 1 at the point of sale as long as practically feasible:

Provided that catering establishments shall properly inform consumers of the availability of reusable alternatives and that the fee referred to in sub-regulation (5) does not apply to such reusable alternatives.

(7) As from 1 January 2023, catering establishments shall offer adequate incentives to consumers who bring their own reusable alternatives to the single-use plastic products listed in Part A of Schedule 1 for take-away consumption of food or beverages:

Provided that catering establishments shall properly inform consumers of such incentives.

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(8) Without prejudice to any lawfully established safety measures, the single-use plastic products listed in Part A of Schedule 1 shall not be provided empty or filled at the point of sale by any restaurant, cafeteria, bar, snack bar, lido and canteen, including those in schools, university campus, hospitals or any government building, for any food or beverages consumed on such premises.

(9) The Minister after consultation with the competent authority and the Agency shall prepare a description of the measures adopted pursuant to sub-regulation (1), notify the description to the European Commission and make it publicly available.

(10) The description of measures adopted pursuant to this regulation shall form an integral part of and be consistent with the:

(a) programme of measures established pursuant to regulation 10 of the Marine Policy Framework Regulations;

(b) programme of measures established pursuant to regulation 12 of the Water Policy Framework Regulations;

(c) waste management plans and waste prevention programmes established pursuant to regulations 28 and 29 of the Waste Regulations; and

(d) waste reception and handling plans established pursuant to the Port Reception Facilities for the Delivery of Waste from Ships Regulations, upon the first subsequent update of those plans or programmes in accordance with the relevant Maltese legislation and European

*Not yet in force. Union legislative acts governing those plans or programmes, or into any other programmes drawn up specifically for that purpose.

(11) The competent authority and the Agency shall monitor the single-use plastic products listed in Part A of Schedule 1 placed on the market and the reduction measures taken on the basis of the common methodology established in Commission Implementing Decision (EU) 2022/162 of 4 February 2022 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting on the reduction in the consumption of certain single-use plastic products and the measures taken by Member States to achieve such reduction.