S.L. 549.43 Art. 15Proof of recovery or recycling.

(1) For packaging waste treated in Malta, it shall be the duty of the Regional Councils, self-compliant producers or third parties acting on behalf of producers, to acquire a signed declaration from local waste management undertakings or establishments, authorised by the competent authority according to the Waste

Regulations indicating:

(a) the actual rate that has been recovered and/or recycled by the facility;

(b) that the packaging waste has been recovered or disposed of in an environmentally sound manner.

(2) For packaging waste exported for further treatment, it shall be the duty of the Regional Councils, self-compliant producers or third parties acting on behalf of producers, to acquire a signed declaration issued by the foreign facility recovering and/or recycling the packaging waste indicating:

(a) the actual rate that has been recovered and/or recycled by the facility in the Member State or third country;

(b) that the packaging waste has been recovered or disposed of in an environmentally sound manner.

(3) Without prejudice to commercial and industrial confidentiality, if Regional Councils, self-compliant producers or third parties acting on behalf of producers engage the services of an authorised waste management undertaking or establishment to export packaging waste for further treatment, then such undertaking or establishment is to provide the information referred to in sub-regulation (2) to the producers or third parties acting on their behalf.

(4) Packaging waste treated locally or abroad shall only count towards the fulfilment of the recovery and recycling targets set out in regulation 8, if Regional Councils, self-compliant producers or third parties acting on behalf of producers present the proof of recovery and/or recycling referred to in sub-regulations (1) and (2) to the competent authority.