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Restrictions on Placing on the Market of Single-Use Plastic Products (Amendment) Regulations, 2021

OPEN CONSULTATION  

  
 
From: Ministry for the Environment, Climate Change and Planning
(
Environment & Resources Authority)
​Published: ​24 June 2021
Running till: ​5 August 2021
​Last Updated: ​24 June 2021

1.        Background​

As part of the 2021 Budget speech, the Government announced a new measure (i.e. No. 144), whereby the sale and distribution of certain single use plastic (SUP) items, which are prohibited from being placed on the market of Malta as from 1st January 2021, will be prohibited in 2022.

In December 2020, Malta enacted the Restrictions on Placing on the Market of Single-Use Plastic Products Regulations (S.L. 549.140), transposing Article 5 and Article 6 (1) and 6 (2) of the SUP Directive (Directive 2019/904). In line with the SUP Directive, S.L. 549.140 prohibits the placing on the market of products made from oxo-degradable plastic as well as the SUP products listed in Part A of its Schedule, namely Cotton bud sticks; Cutlery; Plates; Straws; Beverage stirrers; Sticks to be attached to and to support balloons; certain food containers made of expanded polystyrene; Beverage containers made of expanded polystyrene, including their caps and lids; and Cups for beverages made of expanded polystyrene.

I
n order to implement the 2021 Budget measure No. 144, an amendment to S.L. 549.140 has been drafted with a view to setting a new cut-off date for the distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, of those targeted products which had been placed on the market before 1st January 2021.

The proposed amendment will ban the distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, products made from oxo-degradable plastic as well as the following SUP products set out in Part A of the Schedule to S.L.549.140, which placing on the market has been prohibited as from 1st January 2021:

a)Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EEC;

b) Cutlery (forks, knives, spoons, chopsticks);

c) Plates;

d) Straws, except if they fall within the scope of Directive 90/385/EEC or Directive 93/42/EEC;

e) Beverage stirrers;

f) Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks;

g) Food containers made of expanded polystyrene, i.e. 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;

h) Beverage containers made of expanded polystyrene, including their caps and lids;

i) Cups for beverages made of expanded polystyrene, including their covers and lids.

j) All oxo-degradable plastic items.



2.        Consultation Questions

In line with Article 55 of the Environment Protection Act (Cap. 549) the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended.


 
4.        Submission of input
 
Submissions must be sent in by email to  era.policy@era.org.mt and received by 5 August 2021.
                               
We thank you in advance for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).

 

In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​


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