S.L. 549.43 ст. 8Recovery and recycling targets.

(1) The Regional Councils shall take the necessary measures to attain the targets laid down in Schedule 3 with respect to the municipal packaging waste generated in their regions.

(1a) Self-compliant producers or authorised packaging waste recovery organisations acting on behalf of producers shall take the necessary measures to attain the targets laid down in Schedule 3 with respect to the packaging waste arising from the transport packaging and, or refillable gas cylinders placed on the market in Malta.

(2) Without prejudice to paragraph (a) of section 2 and paragraph (a) of section 3 of Schedule 3, the Minister may postpone the deadlines for attaining the targets referred to in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3 by up to five years, under the following conditions:

(a) the derogation is limited to a maximum of 15 percentage points from a single target or divided between two targets;

(b) as a result of the derogation, the recycling rate for a single target is not reduced below 30%;

(c) as a result of the derogation, the recycling rate for a single target referred to in paragraph (b)(v) and (vi) of section 2 and paragraph (b)(v) and (vi) of section 3 of Schedule 3 is not reduced below 60%; and

(d) at the latest twenty-four (24) months before the respective deadline laid down in paragraph (b) of section 2 and paragraph (b) of section 3 of Schedule 3, the Minister notifies the European Commission of his intention to postpone the respective deadline and submits an implementation plan in accordance with Schedule 15. The Minister may combine that plan with an implementation plan submitted pursuant to the Waste Regulations:

Provided that within three (3) months of receipt of the implementation plan submitted, the Commission may request Malta to revise the plan if the Commission considers that the plan does not comply with the requirements set out in Schedule 15. Malta shall submit a revised plan within three (3) months of receipt of the Commission’s request.

(3) Packaging waste generated in Malta may be deemed to be equal to the amount of packaging placed on the market in the same calendar year within the territory of Malta by each producer.

(4) For the purpose of calculating whether the targets laid down in sections 2 and 3 of Schedule 3 have been attained:

(a) the weight of packaging waste generated and recycled in a given calendar year shall be calculated; and

(b) the weight of packaging waste recycled shall be calculated as the weight of packaging that has become 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.

(5) For the purposes of sub-regulation (4)(a), the weight of packaging waste recycled shall be measured when the waste enters the recycling operation:

Provided that by way of derogation, the weight of the packaging 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.

(6) The competent authority shall establish an effective system of quality control and traceability of the packaging waste to ensure that the conditions laid down in sub-regulations (4)(a) and (5)(a) and

(b) are met. To ensure the reliability and accuracy of the data gathered on recycled packaging waste, the system may consist of electronic registries set up pursuant to regulation 33(5) of the Waste Regulations, 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 otherwise obtained and shall be calculated on the basis of the calculation rules established in accordance with Article 11a(10) of Directive 2008/98/EC.

(7) For the purposes of calculating whether the targets laid down in sections 2 and 3 of Schedule 3 have been attained, the amount of biodegradable packaging 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.

(8) The amount of packaging 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.

(9) For the purposes of calculating whether the targets laid down in sections 2 and 3 of Schedule 3 have been attained, the recycling of metals separated after incineration of waste in proportion to the share of the packaging waste incinerated may be taken into account provided that the recycled metals meet certain quality criteria laid down in Commission Decision 2005/270 (EC) establishing the formats relating to the database system pursuant to Directive 94/62/ EC of the European Parliament and of the Council on Packaging and Packaging Waste as amended.

(10) Packaging waste sent to another Member State for the purposes of recycling in that other Member State may only be counted towards the attainment of the targets laid down in sections 2 and 3 of Schedule 3 by the competent authority in which that packaging waste was collected.

(11) Packaging waste exported from the European Union shall count towards the attainment of the targets laid down in sub-regulations (1) and (1a) only if the requirements of sub-regulation (6) are met and if, in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council, the exporter can prove that the shipment of waste complies with the requirements of that Regulation and that the treatment of packaging waste outside the European Union took place in conditions that are broadly equivalent to the requirements of the relevant European Union environmental law.

(12) For the application of this regulation, the rules for calculation, verification and reporting of data, in particular as regards the weight of packaging waste generated, laid down in Commission Decision 2005/ 270 (EC) establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on Packaging and Packaging Waste as amended shall apply.

(13) (a) The Regional Councils shall submit a half-yearly report to the competent authority within three (3) calendar months following the end of that period, whereas an annual report shall be submitted to the competent authority within four (4) calendar months from the closing of the year. The said reports shall be submitted both in an electronic version and a hard copy.

(b) The half-yearly and annual reports shall contain at least the information set out in Schedule 16 together with any other information that may be requested by the competent authority.

(14) Without prejudice to commercial and industrial confidentiality, a digital copy of the half-yearly and annual reports referred to in sub-regulation (13) shall be made available in accordance with the Freedom of Access to information on the

Environment Regulations:

Provided that only the information relating to Part A of Schedule 16 shall be made available.

(15) The Regional Councils shall use the services of an independent auditor, approved by the competent authority, to certify all of the information reported to the competent authority. The auditor shall be required to certify that all the information reported is in conformity with the obligations of these regulations:

Provided further that the Regional Councils shall ensure that a sound auditing procedure for traceability, monitoring and control is put in place for all the municipal packaging waste managed.

(16) The Regional Councils shall submit the audit report referred to in sub-regulation (15) together with the annual report referred to in sub-regulation (13), both in an electronic version and a hard copy.

(17) The Regional Councils shall retain for a minimum of five

(5) years the information referred to in sub-regulation (13). The said records shall be made available on request to the authority.

(18) The Authority may impose an administrative penalty upon:

(a) a Regional Council;

(b) a self-compliant producer; or

(c) an authorised packaging waste recovery organisation acting on behalf of producers who place on the market transport packaging and, or refillable gas cylinders, if it results that in any given year, any of the above-mentioned has failed to achieve the applicable minimum overall recycling target laid down in Schedule 3. The said penalty shall be calculated in accordance with the mechanism laid down in Schedule 17.