S.L. 473.5 Art. 4Exemption mechanism.

(1) Upon an exemption being granted by the approving body, no eco-contribution shall be payable by a producer in an exemption period on all or a percentage of products calculated in terms of the exemption rate and which constitute packaging waste placed on the market by the producer as stipulated in Schedule 2: Provided that, in respect of the total amount of packaging waste that will be declared as placed by such producer on the market, the waste recovery scheme undertakes to recover, separate and recycle a percentage of such packaging waste, with the minimum recovery rates in terms of Schedule 2, calculated by reference to the amount of packaging waste placed on the market during such exemption period.

(2) Where following the grant of an exemption, eco-contribution would have been paid in the relevant exemption period, the producer shall be eligible to a refund of eco-contribution paid on all or on a percentage of products placed on the market calculated in terms of the exemption rate as stipulated in Schedule 2.

(3) Where the thresholds set in sub-regulation (1) are not reached, the exemption in favour of the producer shall be revoked and the eco-contribution, which would have been due other than owing to the exemption, shall be due in full:

Provided that the producer shall be deemed to be in possession of a valid exemption if such producer subscribes to another approved scheme in terms of the proviso to regulation 4(2) of the Eco-Contribution (Approved Waste Recovery Facilities) Regulations.

(4) Nothing included in these regulations shall preclude the scheme from its obligations to acquire the necessary permits granting access to collect such packaging waste from the owner or holder of such waste from within localities where waste collection falls under the responsibility of Local Councils.

(5) Notwithstanding the provisions of sub-regulation (3), where the thresholds set in sub-regulation (1) are not met, the Minister may, on the advice of Circular Economy Malta exempt a producer from the payment of eco-contribution due on products, if such producer proves to the satisfaction of the Minister that in a period after the eco-contribution becomes due, he is participating in a circular economy initiative and has either invested or is going to invest in the said scheme within a specified time-limit approved by the Minister, a sum equivalent to or higher than the amount of eco-contribution which would have been due.