S.L. 549.176 Art. 4Extended producer responsibility. S.L. 549.141.   S.L. 549.149.      S.L. 549.141.    S.L. 499.71.         S.L. 549.149.        S.L. 499.71.         S.L. 499.71.

(1) Producers placing on the market fishing gear containing plastic shall have extended producer responsibility in accordance with the Extended Producer Responsibility Framework Regulations.

(2) Producers established in another Member State and placing on the market fishing gear containing plastic shall appoint a legal or natural person established in Malta as an authorised representative for the purposes of fulfilling the extended producer responsibility obligations established in these regulations on the territory of Malta:

Provided that such appointment shall be made by written mandate by means of a declaration as established in Schedule 1.

(3) Producer established in Malta who sell fishing gear containing plastic in another Member State in which such producer is not established, shall appoint an authorised representative in such other Member State. The authorised representative shall be the person responsible for fulfilling the obligations of such producer pursuant to these regulations on the territory of that other Member State.

(4) Producers of fishing gear-containing plastic shall cover at least the following costs:

(a) the costs of awareness raising measures laid down in regulation 12 of the Single-Use Plastic Framework

Regulations;

(b) the costs of the separate collection of waste fishing gear containing plastic that has been delivered to adequate port reception facilities in accordance with the Port

Reception Facilities for the Delivery of Waste from Ships

Regulations, or to other equivalent collection systems that fall outside the scope of those regulations, and the costs of its subsequent transport and treatment; and

(c) the cost of 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 requirements established in this regulation supplements the requirements applicable to waste from fishing vessels in Maltese legislation and European Union legislation on port reception facilities.

(5) In order to achieve the objectives of this regulation in a cost-effective manner, producers and authorised representatives shall fulfil their extended-producer responsibility obligations collectively and, for that purpose, shall set up a producer responsibility organisation which shall be authorised in accordance with regulation 8, covering fishing gear-containing plastic in the whole territory of Malta. Such producer responsibility organisation shall allow all producers and authorised representatives to fulfil their extended producer responsibility obligations under non-discriminatory conditions: (FISHING GEAR CONTAINING PLASTIC)

Provided that until such producer responsibility organisation is set up and authorised in accordance with regulation 8, the Authority may allocate the costs referred to in sub-regulation (4) to producers in accordance with the requirements of this regulation and their market share:

Provided further that in such cases the Authority may commission studies, at the expense of producers, to quantify such costs or part thereof.

(6) In order to cover the costs established in paragraph (a) of sub-regulation (4) on behalf of its producers, an authorised producer responsibility organisation shall organise and, or finance effective information and awareness raising campaigns to incentivise responsible consumer behaviour and inform consumers in accordance with regulation 12 of the Single-Use Plastic Framework Regulations:

Provided that in case an authorised producer responsibility organisation finances campaigns organised by other entities, the costs that shall be covered by such organisation shall be established in a transparent manner between all actors concerned:

Provided further that such campaigns shall be subject to the prior approval of the Authority.

(7) In order to cover the costs established in paragraph (b) of sub-regulation (4) on behalf of its producer, an authorised producer responsibility organisation shall make the necessary arrangements with the operators of an authorised port-reception facility as defined in the

Port Reception Facilities for the Delivery of Waste from Ships

Regulations to finance:

(a) appropriate waste receptacles for the deposition and collection of waste fishing gear containing plastic at port reception facilities. Such costs shall include the infrastructure and its operations, and

(b) the transport and treatment of the collected waste fishing gear.

(8) An authorised producer responsibility organisation shall also ensure that appropriate waste receptacles for the deposition and collection of waste fishing gear containing plastic are installed at the producers’ premises or other designated areas or premises:

Provided that producers shall cover the costs of the infrastructure and its operations, and the subsequent transport and treatment of the collected waste fishing gear.

(9) The costs referred to in sub-regulations (7) and (8) shall not exceed the costs that are necessary to provide those services in a cost-efficient way and shall be established in a transparent way between the Authority, the relevant authorised producer responsibility organisation, or the operator of an authorised port-reception facility as defined in the Port Reception Facilities for the Delivery of Waste from

Ships Regulations, and any other concerned actors.