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Transposition of the remaining Articles of the Single Use Plastics Directive

OPEN CONSULTATION

From: Ministry for the Environment, Climate Change and Planning
(
Environment & Resources Authority)
​Published: ​15 December 2021
Running till: 9 February 2022
​Last Updated: ​21 December 2021

1.        Background​

In June 2019, the EU adopted Directive (EU) 2019/904 on the reduction on the impact of certain plastic products on the environment (known as Single Use Plastic or SUP Directive). The SUP Directive targets the most commonly found single-use plastic (SUP) items on European beaches as well as fishing gear and oxo-degradable plastics through a suite of different measures tailored to achieve the most effective results, whilst also taking into account the availability of more sustainable alternatives. Such measures range from market restrictions and separate collection for recycling targets to consumption reduction measures, marking and other product requirements as well as new Extended Producer Responsibility (EPR) obligations.

In December 2020, Malta enacted the Restrictions on Placing on the Market of Single-Use Plastic Products Regulations (enacted as S.L. 549.140 and S.L 117.41), transposing Article 5 and Articles 6 (1) and 6 (2) of the SUP Directive. 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 the Schedule. S.L. 549.140 also prohibits the placing on the market of beverage containers as from 3rd July 2024 if their caps and lids do not remain attached to such containers during the products’ intended use stage.

The transposition of the remaining articles of the SUP Directive into national legislation necessitates a number of amendments to existing waste legislation, as well as the drafting of new framework regulations, such that a total of three Legal Notices (LNs) have been prepared:

  1. Single-Use Plastic Framework Regulations, 2021;
  2. Restrictions on Placing on the Market of Single-Use Plastic Products (Amendment No 2) Regulations, 2021; and
  3. Beverage Containers Recycling (Amendment) Regulations, 2021.
An overview of the proposed legal instruments is provided in the Documents section.


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

Submiss
ions must be sent in through the following:
  • E-mail: era.policy@era.org.mt

  • ERA will be organising an online targeted stakeholder consultation session on 17th January 2022. This session is open for those stakeholders directly impacted by the draft regulations. Such stakeholders will be receiving an invitation for this session. The presentation during this session will be given in the English language. Should you be interested to participate in this consultation session, you are kindly requested to register from this LINK.
  • ​A public online consultation session will be organised by ERA on 18th January 2022 wherein the draft Regulations and the implications outlined above will be explained. The presentation will be followed by a Q&A session wherein members of the public may ask questions. The presentation during this session will be given in the Maltese language. Should you be interested to participate in this consultation session, you are kindly requested to register from this LINK.


Submissions must be received by 9 February 2022.
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.
Comments cannot exceed 10,000 characters. If you think your submission will exceed this limit please make use of the email address published on this consultation page.   

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.​


www.konsultazzjoni.gov.mt

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