S.L. 549.43 Art. 16Participation in a packaging waste recovery organisation.

(1) A producer is exempt from part of these regulations provided he is a member of an authorised packaging waste recovery organisation.

(2) For the purposes of achieving the objectives of these regulations in a cost-effective manner, the producers are obliged to join a packaging waste recovery organisation duly authorised by the competent authority for all packaging placed on the market:

Provided that producers can opt to be self-compliant for:

(a) transport packaging or the share thereof placed on the market; and, or

(b) sales packaging consisting of refillable gas cylinders, if they demonstrate to the satisfaction of the Authority that systems for the environmentally sound reuse of used gas cylinders and the environmentally sound management of waste gas cylinders are in place.

(3) If the producer opts to self-comply, the producer is obliged to sign an agreement with the distributor(s) to collect back the packaging waste arising from transport packaging and, or refillable gas cylinders. If no agreement is in place, participation in a packaging waste recovery organisation for all such packaging at the distributor’s end shall be required.

(4) Repealed by Legal Notice 369 of 2022.

(5) A producer, who opts to participate in an authorised packaging waste recovery organisation, shall upon request by the competent authority submit a copy of the signed agreement with the operator of the authorised packaging waste recovery organisation.