S.L. 549.63 Art. 10DRules on the calculation of the attainment of the targets.

(1)For the purpose of calculating whether the targets laid down in regulation 10C(2) have been achieved:

(a) the competent authority shall calculate the weight of the municipal waste generated and prepared for re-use or recycled in a given calendar year;

(b) the weight of the municipal waste prepared for re-use shall be calculated as the weight of products or components of products that have become municipal waste and have undergone all necessary checking, cleaning or repairing operations to enable re-use without further sorting or pre-processing;

(c) the weight of the municipal waste recycled shall be calculated as the weight of waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.

(2) For the purposes of sub-regulation (1)(c), the weight of the municipal waste recycled shall be measured when the waste enters the recycling operation:

Provided that, by way of derogation from sub-regulation (1), the weight of the municipal waste recycled may be measured at the output of any sorting operation:

Provided further that:

(a) such output waste is subsequently recycled; and

(b) the weight of materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.

(3) The competent authority shall establish an effective system of quality control and traceability of municipal waste to ensure that the conditions laid down in sub-regulations (1)(c) and (2) are met. To ensure the reliability and accuracy of the data gathered on recycled waste, the system may consist of electronic registries set up pursuant to regulation 33(5), technical specifications for the quality requirements of sorted waste, or average loss rates for sorted waste for various waste types and waste management practices respectively. Average loss rates shall only be used in cases where reliable data cannot be obtained otherwise and shall be calculated on the basis of the calculation rules established in line with Article 11a(10) of Directive 2008/98/EC.

(4) For the purpose of calculating whether the targets laid down in regulation 10C(2) have been attained, the amount of municipal biodegradable waste that enters aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost, digestate, or other output with a similar quantity of recycled content in relation to input, which is to be used as a recycled product, material or substance:

Provided that where the output is used on land, the competent authority may count it as recycled only if this use results in benefits to agriculture or ecological improvement.

(5) As from 1 January 2027, the competent authority may count municipal bio-waste entering aerobic or anaerobic treatment as recycled only if, in accordance with paragraph of sub-regulation of regulation 10(1)(e) and paragraph 9 of Part 2 of Schedule 5, it has been separately collected or separated at source.

(6) For the purposes of calculating whether the targets laid down in regulation 10C(2) have been attained, the amount of waste materials that have ceased to be waste as a result of a preparatory operation before being reprocessed may be counted as recycled, provided that such materials are destined for subsequent reprocessing into products, materials or substances to be used for the original or other purposes:

Provided that end-of-waste materials to be used as fuels or other means to generate energy, or to be incinerated, backfilled or landfilled, shall not be counted towards the attainment of the recycling targets.

(7) For the purposes of calculating whether the targets laid down in regulation 10C(2) have been attained, the competent authority may take into account the recycling of metals separated after incineration of municipal waste provided that the recycled metals meet the quality criteria laid down in Commission Implementing Decision (EU) 2019/1004 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384.

(8) Waste collected in Malta that is exported outside the Union for preparing for re-use or recycling shall count towards the attainment of the targets laid down in regulation 10C(2) only if the requirements of sub-regulation (3) of this regulation are met and if, in * accordance with Regulation (EC) No 1013/2006 , the exporter can prove that the shipment of waste complies with the requirements of that Regulation and that the treatment of waste outside the Union took place in conditions that are broadly equivalent to the requirements of the relevant European Union environmental law.

(9) For the application of this regulation, the rules for calculation, verification and reporting of data laid down in Commission Implementing Decision (EU) 2019/1004 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384 shall apply.