S.L. 549.175 Art. 11Applicabilityofthe Criminal Code.  Cap. 9.    L.N. 126 of 2025.

The provisions of articles 23 and 30 of the Criminal Code shall apply, to proceedings in respect of offences mutatis mutandis, against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one (1) year.

SCHEDULE 1 (regulations 2, 4, 5, 7, 8)

SINGLE-USE PLASTIC PRODUCTS COVERED BY THESE REGULATIONS

- Tobacco products with filters and filters marketed for use in combination with tobacco products.

SCHEDULE 2 (regulation 4)

WRITTEN MANDATE DECLARATION

Name of Producer:

Address:

hereby appoints

Name of legal or natural person established in Malta:

Address:

as the producer’s authorised representative in Malta in accordance with regulation 4.

Name of legal or natural person established in Malta: (TOBACCO FILTERS CONTAINING PLASTIC)

hereby represents and undertakes the responsibilities as the authorised representative in Malta for

Name of Producer:

, in accordance with the Extended Producer Responsibility (Tobacco

Filters Containing Plastic) Regulations.

This mandate, signed by both parties, commences on the date of signature unless otherwise declared and shall cease once either party informs the Environment and Resources Authority that this mandate has been terminated.

On one part,

Name of Producer:

Signature:

Date:

On one other part,

Name of Authorised Representative:

Signature:

Date:

SCHEDULE 3 (regulation 7)

INFORMATION THAT SHALL BE SUBMITTED ON APPLYING FOR AN AUTHORISATION TO OPERATE A PRODUCER RESPONSIBILITY ORGANISATION IN ACCORDANCE WITH THESE REGULATIONS

Part A: Information that shall be included in an application for registration of a producer responsibility organisation

(a) The name of the producer responsibility organisation;

(b) The name of the operator and, where the operator is a partnership, the names of all the partners;

(c) The address and telephone number of the registered office of the operator or, if not a company, the main place of business of the operator and if more there is more than one (1) operator, all the operators; and

(d) A signed declaration stating that the information provided is true.

Part B: Information to be contained in the work plan to operate a producer responsibility organisation

(a) A copy of the Memorandum and Articles of Association;

(b) A copy of the Certificate of Registration issued by the Registry of Companies, where applicable;

(c) A business and financial plan in relation to the proposed organisation;

(d) Quality Control and Quality Assurance measures to be adopted by the proposed organisation;

(e) Administrative measures to be adopted to ensure effective control of the process;

(f) A copy of the rules of membership of the producer responsibility organisation;

(g) A description of the modalities of how the objectives of regulation 4 shall be achieved together with details of the membership fee structure;

(h) A description, including projected amounts by weight and number of items of the single-use plastic products placed on the national market by the producers participating in the organisation;

(i) Proposals for the calculation of the costs referred to in sub-regulations (6) and (7) of regulation 4;

(j) Proposals of how the information under the provisions of these regulations will be compiled and made available to the Authority;

(k) Intended public awareness campaigns to be financed and, or organised by the proposed organisation;

(l) Projected date of commencement for the activity;

(m) Any other relevant information as required by these regulations or as requested by the Authority.     (TOBACCO FILTERS CONTAINING PLASTIC)

SCHEDULE 4 (regulations 5, 6 and 7)

LIST OF AUTHORISED SIGNATORIES

For the purposes of issuing and signing official documentation including correspondence, the competent authority shall only accept documentation from a producer or an authorised producer responsibility organisation that is signed by either of the following persons:

- A natural person, if the producer is a natural person;

- A partner, where the producer or an authorised producer responsibility organisation is a partnership;

- A director or company secretary of that company, where the producer or an authorised producer responsibility organisation is a company registered in Malta;

- A person who has control or management of the body, where the producer or an authorised producer responsibility organisation is an unincorporated body;

- The president or any other member of the committee of management, where the producer or an authorised producer responsibility organisation is a co-operative.

SCHEDULE 5 (regulation 6)

INFORMATION THAT SHALL BE CONTAINED IN AN APPLICATION FOR REGISTRATION OR RENEWAL

Part A: Information that shall be submitted upon registration:

(a) Name and address of the producer and where:

(i) the producer is a company, the registered office;

(ii) the producer is not a company, the principal place of business.

(b) National identification code of the producer, including the national tax number and the company number (where applicable) of the producer;

(c) The NACE Code and the employment size of the company, where applicable;

(d) The details of the contact person to whom the competent authority shall address any communication;

(e) Details on the commercial nature of the producer (e.g. manufacturer, importer or distance seller);

(f) Type of single-use plastic products listed in Schedule 1;

(g) A signed declaration stating the information provided is true;

(h) The date of the application for registration;

(i) Name of the Producer Responsibility Organisation of which the producer is a member of and a copy of the agreement with such Organisation.

Part B: Information to be submitted upon renewal

(a) Registration number of the producer and any national identification code of the producer, including the national tax number and the company number (where applicable) of the producer;

(b) The NACE Code and the employment size of the company, where applicable;

(c) Quantities of the single-use plastic products listed in Schedule 1 placed on the national market, by weight and number of items during the specific reporting period in accordance with the reporting formats to be established by the competent authority;

(d) A signed declaration stating that the information provided is true;

(e) The date of the application for renewal of registration;

(f) An appropriate description of how the data has been compiled, including any explanation of any estimates used;

(g) Name of the Producer Responsibility Organisation that the producer is a member of and an affirmation of the agreement with such organisation. (TOBACCO FILTERS CONTAINING PLASTIC)

SCHEDULE 6 (regulation 7)

FEES FOR AN AUTHORISED PRODUCER RESPONSIBILITY ORGANISATION

The annual fee shall be calculated as follows:

A*B = SF

where:

"A" is the number of registered producers participating in the producer responsibility organisation;

"B" is a fee of ten euro (€10) to be charged for each registered producer participating in the producer responsibility organisation;

"SF" is the producer responsibility organisation fee.

The fee shall be paid to the competent authority within six (6) months following the end of the previous operational year.

SCHEDULE 7 (regulation 5)

SCHEDULE OF ADMINISTRATIVE PENALTIES FOR NON-REGISTRATION AND NON-RENEWAL

(1) Any producer who fails to apply for registration in accordance with sub-regulation (1) of regulation 5 shall be liable to an administrative penalty of thirty euro (€30) per 15,000 single-use tobacco filters containing plastic placed on the market, from the first placing of such single-use plastic products on the market until he applies for registration.

(2) Any producer who fails to renew his registration by the end of the year in accordance with sub-regulation (2) of regulation 5 shall be liable to an administrative penalty of thirty euro (€30) per 15,000 single-use tobacco filters containing plastic placed on the market, from the beginning of the year in which he should have renewed until he applies for renewal of the registration:

Provided that where the authorised producer responsibility organisation has agreed to register or renew the registration of a producer on his behalf, the administrative penalty above-mentioned shall, in either case, be due by the authorised producer responsibility organisation which failed to apply or renew the registration.