New regulations to harmonise national measures concerning the management of packaging and packaging waste were published in yesterday's Government Gazette for a four-week period of public consultation.

The regulations lay down measures aimed at preventing the production of packaging waste and at promoting the re-use of packaging, its recycling and other forms of recovery.

In a statement the Malta Environment and Planning Authority said the measures would reduce the final disposal of such waste.

The aim of these regulations is twofold:

¤ to prevent and reduce the impact of the management of packaging and packaging waste on the environment, thus providing a high level of environmental protection;

¤ to avoid obstacles to trade and distortion and restriction of competition.

The Waste Management (Packaging and Packaging Waste) Regulations, 2003, transpose Council Directive 94/62/EC of December 15, 1994 on packaging and packaging waste.

The regulations cover all packaging placed on the market in Malta and all packaging waste, whether it is used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used. They do not apply to packaging not intended for placing on the market in Malta.

These regulations do not apply to packaging of non-alcoholic beverages, as defined in the Non-Alcoholic Beverages (Control of Containers) Regulations, 1998, as published in legal notice 158 of 1998, before December 31, 2007.

Until that date, such packaging will continue to be regulated by the Non-Alcoholic Beverages (Control of Containers) Regulations, 1998.

After that date, all packaging, including non-alcoholic beverages, would be regulated by the Waste Management (Packaging and Packaging Waste) Regulations, 2003.

MEPA said it had to ensure that the targets negotiated with the EU for the recycling and recovery of packaging and packaging waste were reached within the agreed transitional periods in accordance with the polluter pays principle.

The regulations provide that MEPA would take measures to prevent the formation of packaging waste, which might include national programmes and may encourage the re-use of packaging.

All persons who, for the purpose of trade or otherwise in the course of business, imports, manufactures, converts, distributes, fills, packs, sells or otherwise supplies to other persons, or otherwise puts on the Maltese market packaging material or packaging, or packaged products, could import, manufacture, supply or use packaging material and packaging only if it complied with all essential requirements defined by these regulations, including Schedule 1.

The regulations also provide for the setting up of return, collection and recovery systems, and stipulate that MEPA is also to take all the necessary measures to ensure that systems are set up to provide for:

¤ the return or collection of used packaging or packaging waste from the consumer or other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;

¤ the re-use or recovery including recycling of the packaging or packaging waste collected, in order to meet the objectives laid down in the regulations.

Users and consumers of packaging and the holders of packaging waste were required to cooperate with, and participate in any system set up for the re-use, recovery and recycling of packaging waste.

The draft legal notice can be accessed from the MEPA website.

www.mepa.org.mt