S.L. 549.43 Art. 10National measures.

(1) The Minister, in consultation with the competent authority and the Agency, shall take measures in order to -

(a) ensure that, in addition to the measures taken in accordance with regulation 4, other preventive measures are implemented in order to prevent generation of packaging waste and to minimise the environmental impact of packaging. Such other preventive measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging, or similar actions adopted, if appropriate, in consultation with relevant stakeholders such as economic operators, and consumer and environmental organisations, and designed to bring together and take advantage of the many initiatives taken within Malta as regards prevention.

The Minister shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy such as those indicated in

Schedule 12 of the Waste Regulations or other appropriate instruments and measures;

(b) conduct information campaigns for users or consumers and producers of packaging on:

(i) the measures and targets referred to in these regulations,

(ii) the return, collection and recovery systems available to them,

(iii) their role in contributing to reuse, recovery and recycling of packaging and packaging waste,

(iv) the meaning of markings on packaging existing on the market,

(v) the appropriate elements of the management plans for packaging and packaging waste as referred to in subregulation (2);

(vi) the adverse environmental impact of the excessive consumption of lightweight plastic carrier bags.

(c) promote consumer information and awareness campaigns;

(d) encourage, where appropriate, energy recovery, where it is preferable to material-recycling for environmental and cost-benefit reasons. This could be done by considering a sufficient margin between national recycling and recovery targets;

(e) encourage, where appropriate, the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by:

(i) improving market conditions for such materials;

(ii) reviewing existing regulations preventing the use of those materials;

(f) encourage, where appropriate, studies and pilot projects concerning the following and other prevention instruments:

(i) additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions;

(ii) the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective;

(iii) packaging waste prevention plans;

(iv) encouragement of reuse and, in particular, comparison of the costs and benefits of reuse and those of recycling;

(v) producer responsibility including its financial aspects.

(g) achieve a sustained reduction in the consumption of lightweight plastic carrier bags within the territory of Malta, through the adoption of either or both of the following:

(i) measures ensuring that the annual consumption level does not exceed 90 lightweight plastic carrier bags per person by 31 December 2019 and 40 lightweight plastic carrier bags per person by 31 December 2025, or equivalent targets set in weight;

(ii) instruments ensuring that by 31 December 2018, lightweight plastic carrier bags are not provided free of charge at the point of sale of goods or products, unless equally effective instruments are implemented. Measures and instruments to be adopted may include the use of national reduction targets, economic instruments and marketing restrictions in derogation from regulation 11 of these Regulations, provided that these restrictions are proportionate and non-discriminatory. Measures may vary depending on the environmental impact of lightweight plastic carrier bags when they are recovered or disposed of, their composting properties, durability or specific intended use. Very lightweight plastic carrier bags may be excluded from these measures.

(2) In pursuance of the objectives and measures referred to in these regulations, the competent authority shall include in the waste management plans required pursuant to the provisions of regulation 28 of the Waste Regulations, a specific chapter on the management of packaging and packaging waste, including:

(i) prevention measures taken pursuant to this regulation; and

(ii) appropriate measures to minimise the disposal of packaging waste in the form of unsorted municipal waste to achieve a high level of separate collection of dry recyclables, including packaging waste.