Packaging and packaging waste

New draft regulations to harmonise measures concerning the management of packaging and packaging waste have been issued for public consultation by the Ministry for Rural Affairs and the Environment after consultation with the Malta Environment and Planning Authority.

The regulations aim to provide a high level of environmental protection. They cover all packaging placed on the local market 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.

These proposed regulations shall not apply to packaging of non-alcoholic beverages until December 31, 2007. Until that date these will remain to be regulated by the Non-alcoholic Beverages (Control of Containers) Regulations 1998.

Packaging includes returnable and non-returnable items such as boxes, pallets, labels, containers, tubes, bags, sacks, etc. made out of paper, board, timber, glass, metals, plastics, ceramics and the like. It can also include tape, wrapping, binding and tying materials.

The regulations set targets for the return and/or collection of used packaging to be attained by May 1, 2004:

¤ recovery: 20 per cent to 65 per cent on a weight basis;

¤ recycling: 18 per cent to 45 per cent, with a minimum of 25 per cent by weight for glass, 27 per cent by weight for metals, five per cent by weight for plastic and 25 per cent by weight for paper and board, contained in packaging waste.

These targets are set at increasingly higher levels up to 2009 in the regulations. The regulations also lay down essential requirements as to the composition and the reuse, recovery and recycling of packaging.

Mepa will need to set up databases on packaging and packaging waste so that the implementation of the regulations can be monitored.

The regulations also aim at restricting the heavy metal content of packaging. They will mainly be of concern to packaging manufacturers and suppliers in this respect.

All producers i.e. those who, for the purpose of trade, import, manufacture, distribute, convert, fill, pack, sell or otherwise supply to other persons or otherwise put on the local market packaging material or packaged products are obliged to make arrangements to have such resulting waste from packaging taken back by a supplier or to recover it or to store it and make it available for recovery at no cost to recyclers.

Major producers, defined as those who, for the purpose of trade, import, manufacture, distribute, convert, fill, pack, sell or otherwise supply to other persons or otherwise put on the local market packaging material or packaged products exceeding or expected to exceed more than 25 tonnes of packaging or packaging materials in a year, will also be affected by the new regulations.

If your company's primary activity is to sell packaging or finished goods in packaging to the final user or consumer of the packaging or product, you would be well advised to provide information to them about the return, recovery and collection facilities available to them as well as their role in reuse, recovery and recycling of packaging and packaging waste.

Major producers will need to collect data on the nature and quantity of the various packaging materials handled by them.

The categories that should be used for this purpose are: glass, paper and fibreboard, plastics, steel, aluminium, wood and "others".

If you are in this category of producer then you should explore ways of reducing your company's throughput of packaging materials if it is currently more than 25 tonnes per annum.

Remember, this is one of the thresholds below which the provisions regulating major producers do not apply. Throughput reductions might be achieved for instance by using lighter weight materials to protect products in transit.

Major producers must also achieve a target of 40 per cent by weight of packaging being returned to them by the consumer or collected.

For this purpose recovery systems for packaging waste on a deposit-refund scheme basis or otherwise are also promoted. Therefore the consumer must be educated to participate actively in such schemes if the targets set are to be achieved.

Environmental regulation will involve all of us in one way or another.

The full draft regulations have been published on Mepa's website under Environment / Legislation / Government Notices. Submissions on draft regulations are invited by not later than September 25.

e-mail: godwin.cassar@mepa.org.mt

www.mepa.org.mt