S.L. 549.149 Art. 8Extended producer responsibility for the single-use plastic products listed in Sections I and II of Part C of Schedule 1. S.L. 549.43.   S.L. 549.141. S.L. 549.43.   S.L. 549.141. S.L. 549.43.    S.L. 549.141.      S.L. 549.43.  S.L. 549.43.  S.L. 549.43. S.L. 549.43. Authorisation

(1) Without prejudice to the Waste Management th (Packaging and Packaging Waste) Regulations, by 5 January 2023

producers of the single-use plastic products listed in Section I and

Section II of Part C of Schedule 1 shall, in order to fulfil their obligations under these regulations, participate in a packaging waste recovery organisation authorised in accordance with the Waste Management (Packaging and Packaging Waste) Regulations, whether or not such products are packaging as defined in regulation 3.

(2) Without prejudice to sub-regulation (3) of regulation 6 of the Extended Producer Responsibility Framework Regulations, and the

Waste Management (Packaging and Packaging Waste) Regulations, a packaging waste recovery organisation authorised in accordance with the Waste Management (Packaging and Packaging Waste) Regulations acting on behalf of the producers referred in sub-regulation (1) shall, insofar as not already included, cover the following costs pertaining to the single-use plastic products listed in Section I of Part C of Schedule 1:

(a) the awareness raising measures laid down in regulation 12;

(b) the waste collection for those products that are discarded in public collection systems, including infrastructure and its operation, and the subsequent transport and treatment of waste; and

(c) cleaning up litter resulting from those products and the subsequent transport and treatment of that litter:

Provided that the costs to be covered referred to in this sub-regulation shall not exceed the costs that are necessary to provide the services referred to therein in a cost-efficient way and shall be established in a transparent way between the actors concerned:

Provided further that the costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. Such activities shall be subject to prior approval of the Authority. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way. To minimise administrative costs, the Minister after consultation with the competent authority and the Agency may determine financial contributions towards the costs of cleaning up litter by setting appropriate multiannual fixed amounts.

(3) Without prejudice to sub-regulation (3) of regulation 6 of the Extended Producer Responsibility Framework Regulations and the

Waste Management (Packaging and Packaging Waste) Regulations, a packaging waste recovery organisation authorised in accordance with the Waste Management (Packaging and Packaging Waste) Regulations acting on behalf of the producers referred in sub-regulation (1) shall, insofar as not already included, cover the following costs pertaining to the single-use plastic products listed in Section II of Part C of Schedule 1:

(a) the awareness raising measures laid down in regulation 12;

(b) cleaning up litter resulting from those products and the subsequent transport and treatment of that litter;

(c) data gathering and reporting in accordance with point (iii) of paragraph (a) of sub-regulation (3) of regulation 6

of the Extended Producer Responsibility Framework

Regulations:

Provided that the costs to be covered referred to in this sub-regulation shall not exceed the costs that are necessary to provide the services referred to therein in a cost-efficient way and shall be established in a transparent way between the actors concerned:

Provided further that the costs of cleaning up litter shall be limited to activities undertaken by public authorities or on their behalf. Such activities shall be subject to prior approval of the Authority. The calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way. To minimise administrative costs, the Minister after consultation with the competent authority and the Agency may determine financial contributions towards the costs of cleaning up litter by setting appropriate multiannual fixed amounts.

(4) Producers of the single-use plastic products listed in

Sections I and II of Part C of Schedule 1, whether or not such products are packaging as defined in regulation 3 shall register and report in accordance with regulations 21 and 22 of the Waste Management

(Packaging and Packaging Waste) Regulations:

Provided that in making use of existing databases established in regulation 9 of the Waste Management (Packaging and Packaging Waste) Regulations, the competent authority shall ensure that such databases contain separate entries for packaging and single-use plastics covered by this regulation so as to ensure that data for packaging and single-use plastics can be identified for the purposes of this regulation:

Provided further that producers, including those producers which already hold a registration number in accordance with the Waste Management (Packaging and Packaging Waste) Regulations, shall be issued a unique registration number identifying them as producers of either both packaging and single use plastic products or as producers of single-use plastic products listed in Sections I and II of Part C of Schedule 1.

(5) Without prejudice to the Waste Management (Packaging and Packaging Waste) Regulations, a producer established in Malta, who sells single-use plastic products listed in Sections I and II of Part C of Schedule 1, whether or not such products are packaging as defined in regulation 3, in another Member State in which it is not established, shall appoint an authorised representative in that other Member State. The authorised representative shall be the person responsible for fulfilling the obligations of that producer pursuant to these regulations on the territory of that other Member State.

9. Deleted by Legal Notice 130 of 2025.