B 3796
L.N. 451 of 2021
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Waste (Amendment No. 2) Regulations, 2021
IN EXERCISE of the powers conferred by articles 54 and 55 of
the Environment Protection Act, t he Minister for the Environmen t,
Climate Change and Planning, afte r consultation with the Enviro nment
and Resources Authority, has made the following regulations:-
Citation.
S.L. 549. 63.1. The title of these r egulations is the Wa ste (Amendment No.
2) Regulations, 2021 a nd these regulations shall be read and co nstrued
as one with the Waste Regulations, hereinafter referred to as " the
principal regulations".
Amends the 
Arrangement of 
Regulations. 2. In the Arrangement of Regulat ions, immediately after the
words "in regulation 7" there shall be added the following: 
Amends regulation 4A of 
the principal 
regulations. 3. Sub-regulation (3) of regulation 4A of the principal
regulations shall be substituted by the following new sub-regulation:
"(3) The Minister shall make use of economic instruments
and other measures to provide in centives for the application of
the waste hierarchy, such as those indicated in Schedule 12 or
other appropriate instruments and measures.".
Amends 
regulation 10C of the principal 
regulations.4. Regulation 10C of the principal regulations shall be
amended as follows:
(a) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:"Schedule 11 Waste Management Fund
Schedule 12 Examples of Economic Instruments
and other Measures to Provide Incentives
for the Application of the Waste Hierarchy
referred to in regulation 4A
Schedule 13 Implementation Plan".
"(3) The Minister may postpone the deadlines for
attaining the targets referred to in  paragraphs (a), (b) and
(c) of sub-regulation (2) by up to five (5) years, provided
that:
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(b) immediately after sub-re gulation (3) thereof there
shall be added the follo wing new sub-regulations:(a) Malta has prepared for re-use and
recycled less than twenty per cent (20%) or
landfilled more than sixty per cent (60%) of its
municipal waste generated in 2013 as reported
under the Joint Questionnaire of the OECD andEurostat; and
(b) at the latest twenty-four (24) months
before the respective deadline laid down in
paragraphs (a), (b) and (c) of sub-regulation (2), the
Minister notifies the Comm ission of its intention to
postpone the respective deadline and submits animplementation plan in a ccordance with Schedule
13."; and
"(4) Within three (3) months of receipt of the
implementation plan submitte d pursuant to paragraph (b)
of sub-regulation (3), the C ommission may request Malta
to revise the plan if the Commission considers that the
plan does not comply with the requirements set out in
Schedule 13. Malta shall subm it a revised plan within
three (3) months of the receipt of the Commission’s
request.
(5) In the event of postponing the attainment of
the targets in accordance with sub-regulation (3), the
Minister, in consultation with the competent authority
and the agency, shall take the necessary measures to
increase the preparing for re-use and the recycling of
municipal waste:
(a) to a minimum of fif ty per cent (50%) by
2025 in the event of postponing the deadline forattaining the target referred to in paragraph (a) of
sub-regulation (2);
(b) to a minimum of fifty-five per cent
(55%) by 2030 in the event of postponing the
deadline for attaining the target referred to inparagraph (b) of sub-regulation (2);
(c) to a minimum of sixty per cent (60%)
by 2035 in the event of pos tponing the deadline for
attaining the target referred to in paragraph (c) ofsub-regulation (2).".
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Amends 
regulation 29 of 
the principal regulations.5. In sub-regulation (2) of regul ation 29 of the principal
regulations, the words "Annex IV a to Directive 2008/98/EC" shal l be
substituted by the words "Schedule 12". 
Adds new 
Schedules to the 
principal regulations.6. Immediately after Schedule 11 to the principal regulations
there shall be added the  following new Schedules:
"SCHEDULE 12
EXAMPLES OF ECONOMIC I NSTRUMENTS AND OTHER 
MEASURES TO PROVIDE INCENTIVES FOR THE 
APPLICATION OF THE WASTE HIERARCHY REFERRED TO IN 
REGULATION 4A
1. Charges and restrictions for the landfilling and incineration
of waste which incentivise waste prevention and recycling, whil e
keeping landfilling the least pref erred waste management option .
2. "Pay-as-you-throw" schemes that charge waste producers
on the basis of the actual amount  of waste generated and provide
incentives for separation at source of recyclable waste and for
reduction of mixed waste.
3. Fiscal incentives for donation of products, in particular
food.
4. Extended producer responsibility schemes for various types
of waste and measures to increase their effectiveness, cost eff iciency
and governance.
5. Deposit-refund schemes and other measures to encourage
efficient collection of used products and materials.
6. Sound planning of investments in waste management
infrastructure, including through European Union funds.
7. Sustainable public procurement to encourage better waste
management and the use of rec ycled products and materials.
8. Phasing out of subsidies which are not consistent with the
waste hierarchy.
9. Use of fiscal measures or other means to promote the
uptake of products and materials that are prepared for re-use o r
recycled.
10. Support to research and i nnovation in advanced recycling
technologies and r emanufacturing.
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11. Use of best available techniques for waste treatment.
12. Economic incentives for regi onal and local authorities, in
particular to promote waste pr evention and intensify separate
collection schemes, while avoi ding support to landfilling and
incineration.
13. Public awareness campaigns, in particular on separate
collection, waste prevention and litter reduction, and mainstre aming
these issues in education and training.
14. Systems for coordination, including by digital means,
between all competent public authorities involved in waste
management.
15. Promoting continuous dialogue and cooperation between
all stakeholders in waste management and encouraging voluntaryagreements and company reporting on waste.
SCHEDULE 13
(Regulation 10C(3))
IMPLEMENTATION PLAN
The implementation plan to be submitted pursuant to sub-
regulation (3) of regulation 10C shall contain the following:
1. Assessment of the past, cur rent and projected rates of
recycling, landfilling and other treatment of municipal waste a nd the
streams of which it is composed.
2. Assessment of the implementation of waste management
plans and waste prevention pr ogrammes in place pursuant to
regulations 28 and 29.
3. Reasons for which Malta considers that it might not be able
to attain the relevant target la id down in sub-regulation (2) o f
regulation 10C within the deadlin e set therein and an assessmen t of the
time extension necessary to meet that target.
4. Measures necessary to attain  the targets set out in sub-
regulations (2) and (5) of regul ation 10C that are applicable to Malta
during the time extension, incl uding appropriate economic instr uments
and other measures to provide inc entives for the application of  t h e
waste hierarchy as set out i n regulation 4A and Schedule 12.
5. A timetable for the implementation of the measures
identified in item 4, determination of the body competent for t heir
implementation and an assessment of their individual contributi on to
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attaining the targets applicable  in the event of a time extension.
6. Information on funding for waste management in line with
the polluter-pays principle.
7. Measures to improve data qua lity, as appropriate, with a
view to better planning and monitoring performance in waste
management.".
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
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