S.L. 549.43 Art. 3Aproducer responsibility and minimum requirements for extended producer responsibility.

(1) In line with regulation 4 of the Extended Producer

Responsibility Framework Regulations, producers and authorised representatives shall bear the whole costs of the management of the packaging waste arising from the packaging and packaging material they place on the market of Malta.

(2) The financial contributions which shall be paid by producers of packaging and packaging material and authorised representatives participating in an authorised packaging waste recovery organisation to comply with their extended producer responsibility obligations shall be modulated, as far as possible, by taking into account the durability, repairability, re-usability and recyclability of the packaging and the presence of hazardous substances in the packaging:

Provided that producers participating in an authorised packaging waste recovery organisation who place reusable packaging on the market in Malta that is being reused in a system as referred to in sub-regulation (1) of regulation 10A shall be charged such financial contribution only upon the first placing on the market of such reusable packaging:

Provided further that the said producers demonstrate, to the satisfaction of the Authority, that a system to reuse packaging in an environmentally sound manner is in place. The producers shall furnish authorised packaging waste recovery organisations with data on reuse of reusable packaging according to the formats established by the Authority.

(3) Without prejudice to preserving the confidentiality of commercially sensitive information in conformity with the relevant European Union and national legislation, an authorised packaging waste recovery organisation shall make publicly available information pertaining to:

(a) its ownership and membership;

(b) the financial contributions paid by its members, per unit sold or per tonne of packaging or packaging material placed on the market in Malta; and

(c) the selection procedure for waste management operators.

(4) Without prejudice to preserving the confidentiality of commercially sensitive information in conformity with the relevant European Union and national legislation, Regional Councils shall make publicly available information pertaining to:

(a) the selection procedure for waste management operators;

(b) the costs charged to authorised packaging waste recovery organisations per tonne of municipal packaging waste collected and treated in line with sub-regulations (8) and (9) of regulation 13; and

(c) the attainment of the targets laid down in Schedule 3 with respect to the municipal packaging waste generated in their regions.