B 1107
L.N. 146 of 2021
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Waste (Amendment) Regulations, 2021
IN EXERCISE of the powers conf erred by articles 54 and 55 of
the Environment Protection Act, the Minister for the Environmen t,
Climate Change and Planning, after consultation with the
Environment and Resources Authority, has made the following
regulations:-
Citation.
S.L. 549. 63.1. The title of these regulati ons is the Waste (Amendment)
Regulations, 2021 and these regulations shall be read and construed
as one with the Waste Regulations , hereinafter referred to as " the
principal regulations".
Amends 
regulation 2 of the principal 
regulations.2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation:
"(2) The objective of these regulations is to
protect the environment and human health by preventing or
reducing the generation of was te, the adverse impacts of
the generation and management of waste and by reducing
overall impacts of resource use and improving the
efficiency of such use, which are crucial for the transition
to a circular economy and for guaranteeing the EuropeanUnion’s long-term competitiveness.";
(b) sub-regulation (3) thereof shall be amended as
follows:
(i) in paragraph (b) thereof the word "and" shall
be deleted;
(ii) in paragraph (c) thereof, the words "and
repealing certain Directives."  shall be substituted by the
words "and repealing certain Directives;"; and
(iii) immediately after para graph (c) thereof there
shall be added the fol lowing new paragraphs:
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"(d) the provisions of Council Regulation
(EU) 2017/997 of 8 June 201 7 amending Annex III
to Directive 2008/98/EC of the European
Parliament and of the C ouncil as regards the
hazardous property HP 14 ‘Ecotoxic’; and
(e) the provisions of Directive (EU) 2018/
851 of the European Parliament and of the Council
of 30 May 2018 amending Directive 2008/98/EC
on waste.".
Amends 
regulation 3 of 
the principal regulations.3. Regulation 3 of the principal r egulations shall be amended
as follows:
(a) sub-regulation (2) thereof shall be amended as
follows:
(i) in paragraph (d) thereof, the words "and
Backfilling) Regulations."  shall be substituted by the
words "and Backfilling) Regulations;"; and
(ii) immediately after paragraph (d) thereof there
shall be added the following new paragraph:
"(e) substances that are destined for use as
feed materials as defined in point (g) of Article 3(2)
of Regulation (EC) No 767/2009 of the European
Parliament and of the Council and that do not
consist of or conta in animal by-products*."; and
(b) in sub-regulation (3) of the Maltese version thereof,
for the words "li jergħu jitpoġġew taħt wiċċ l-ilma" shall besubstituted by the wo rds "li jerġgħu jit poġġew fl-ilma tal-wiċċ ";
and the words "jew riklamazzjoni" shall be substituted by the
words "jew ta’ riklamazzjoni".
Amends 
regulation 4 of the principal 
regulations.4. Regulation 4 of the principal r egulations shall be amended
as follows:
(a) immediately after the de finition "the Act", there
shall be added the following new definition:
* OJ L 229, 1.9.2009, p. 1S.L. 595. 28." "the Agency" means the Resource, Recovery
and Recycling Agency established by the
Resource, Recovery and Recycling Agency
(Establishment) Order;";
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(b) the definition "agreement" shall be deleted;
(c) immediately after the definition "applicant" there
shall be added the following new definition:
" "backfilling" means any recovery operation
where suitable non-hazardous waste is used for purposes of
reclamation in excavated areas or for engineering purposesin landscaping. Waste used for backfilling must substitute
non-waste materials, be suitab le for the aforementioned
purposes, and be limited to the  amount strictly necessary to
achieve those purposes;";
(d) the definition "best available techniques" shall be
substituted by the following new definition:
(e) the definition "bio-waste" shall be substituted by the
following new definition:
" "bio-waste" means biodegradable garden and
park waste, food and kitchen waste from households,
offices, restaurants, wholesale, canteens, caterers and retail
premises and comparable w aste from food processing
plants;";
(f) the definition "the Comm unity" shall be deleted;
(g) immediately after the definition "consignor" there
shall be added the fo llowing new definition:
" "construction and demolition waste” means waste
generated by construction and de molition activities;";
(h) the definition "enforcement notice" shall be deleted;(i) immediately after the definition "disposal" there
shall be added the following definition:
" "food waste" means all f ood as defined in Article
2 of Regulation (EC) No 178/2002 of the European
Parliament and of the Council that has become waste
*;";S.L. 595. 76." "best available techniques" means best available
techniques as defined in regulation 5 of the Industrial
Emissions (Framework) Regulations;";
* OJ L 31, 1.2.2002, p. 1
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(j) the definition "household waste" shall be substituted
by the following new definition:
" "household waste" means waste generated by
households;";
(k) the definition "inert waste" shall be deleted;
(l) immediately after the definition "industrial waste"
there shall be added the following new definition:
" "material recovery" means any recovery
operation, other than energy recovery and the reprocessing
into materials that are to be used as fuels or other means to
generate energy. It includes, inter alia , preparing for re-
use, recycling and backfilling;";
(m) immediately after the defi nition "material recovery"
there shall be added the following new definition:
(n) the definition "municipal solid waste" shall be
substituted by the following new definition:
" "municipal waste" means:
(a) mixed waste and separately collected
waste from households, including paper and
cardboard, glass, metals, plastics, bio-waste, wood,textiles, packaging, waste electrical and electronic
equipment, waste batteries and accumulators, andbulky waste, including ma ttresses and furniture;
(b) mixed waste and separately collected
waste from other sources, where such waste issimilar in nature and composition to waste fromhouseholds.
Municipal waste does not include waste from
production, agriculture, forestr y, fishing, septic tanks and
sewage network and treatmen t, including sewage sludge,
end-of-life vehicles or construction and demolition waste.
This definition is without prejudice to the
allocation of responsibilities for waste managementbetween public and private actors;";Cap. 363." "local council" means a local council established
under the Local Government Act;";
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(o) immediately after the definition "municipal waste"
there shall be added the following new definition:
" "non-hazardous waste" means waste which is not
covered by the definition "hazardous waste";
(p) immediately after the definition "non-hazardous
waste" there shall be added the following new definition:
" "Order" means a stop order or a compliance order
issued under the Act;";
(q) paragraph (c) of the definition "prevention" shall be
substituted by the following new paragraph:
"(c)  the content of hazardous substances in
materials and products;";
(r) immediately after the d efinition "regeneration of
waste oils" there shall be added the following new definition:
(s) the definition "waste management" shall be
substituted by the following new definition:
" "waste management" means the collection,
transport, recovery (including sorting), and disposal of
waste, including the supervision of such operations and the
after-care of disposal sites, and including actions taken as a
dealer or broker;".
Adds new 
regulations to 
the principal regulations.5. Immediately after regulation 4 of the principal regulations
there shall be added the following new regulations:Cap. 363." "regional council" means a regional council
established under the Local Government Act;"; and
"The Waste 
Hierarchy.4A. (1) In all waste management legislation
and policy the following wa ste hierarchy shall apply
as a priority in the following order:
(a) prevention;
(b) preparing for re-use;
(c) recycling;
(d) other recovery, e.g. energy
recovery; and
(e) disposal.
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(2) When applying the waste hierarchy referred
to in sub-regulation (1), the Minister, in consultation
with the competent authorit y and the Agency, shall
take measures to encourage the options that deliverthe best overall environ mental outcome. This may
require specific waste st reams departing from the
hierarchy where this is justified by life-cyclethinking on the overall impacts of the generation andmanagement of such waste.
The Minister shall ensure that the development of
waste legislation and policy is a fully transparentprocess, observing existing national rules about theconsultation and involve ment of citizens and
stakeholders.
The Minister shall take into account the general
environmental protection principles of precautionand sustainability, techni cal feasibility and economic
viability, protection of resources as well as the
overall environmental, human health, economic and
social impacts, in accordance with regulation 2 and
paragraph 3 of Part 1 of Schedule 5.
(3) The Minister shall make use of economic
instruments and other meas ures to provide incentives
for the application of the  waste hierarchy, such as
those indicated in Annex IVa to Directive 2008/98/EC as amended by Directive (EU) 2018/851 or other
appropriate instruments and measures.
Principles of 
self-sufficiency 
and 
proximity. 4B. (1) The Minister, in consultation with the
competent authority and the Agency shall take the
necessary measures to establish an integrated andadequate network of waste disposal installations and
of installations for the r ecovery of mixed municipal
waste collected from priv ate households, including
where such collection also covers such waste fromother producers, taking into account best available
techniques.
(2) The network shall be designed to enable the
European Union as a whole to  become self-sufficient
in waste disposal as well as in the recovery of mixed
municipal waste collected from private households,
and to enable Malta to move towards that aimindividually, taking into account geographical
circumstances or the need for specialised
installations for certain types of waste.
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Substitutes 
regulation 5 of 
the principal regulations.6. Regulation 5 of the principal regulations shall be
substituted by the following new regulation:
"5. (1) The competent authority shall provide the
necessary technical assistance to ensure that a substance or
object resulting from a production process, the primary aim of
which is not the production of that substance or object, is
considered not to be waste, but to be a by-product if the
following conditions are met:
(a) further use of the substance or object is
certain;
(b) the substance or object can be used directly
without any further processing other than normal industrial
practice;
(c) the substance or object is produced as an
integral part of a production process; and
(d) further use is lawful, i.e. the substance or
object fulfils all relevant p roduct, environmental and
health protection requirements for the specific use and will
not lead to overall adverse environmental or human health
impacts.
(2) Where criteria have not been set at European Union
level, the competent authority ma y establish detailed criteria on
the application of the conditions  laid down in sub-regulation ( 1)
to specific substances or objects and shall notify the European
Commission of those detailed criteria in accordance withDirective (EU) 2015/1535
*.".(3) The network shall enable waste to be
disposed of or waste referred to in sub-regulation (1)to be recovered in one of the nearest appropriate
installations, by means of the most appropriate
methods and technologies, in order to ensure a highlevel of protection for the environment and public
health.
(4) The principles of proximity and self-
sufficiency do not require that the full range of
recovery facilities are located in Malta.".
* OJ L 241, 17.9.2015, p. 1
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Substitutes 
regulation 6 of 
the principal regulations.7. Regulation 6 of the princip al regulations shall be
substituted by the fo llowing new regulation:
"6. (1)  Waste which has undergone a recycling or other
recovery operation is considered to have ceased to be waste if it
complies with the following conditions:
(a) the substance or object is to be used for
specific purposes;
(b) a market or demand exists for such a
substance or object;
(c) the substance or object fulfils the technical
requirements for the specific purposes and meets the
existing legislation and standards applicable to products;
and
(d) the use of the substance or object will not lead
to overall adverse environmental or human health impacts.
(2) Where end-of-waste criteria have not been set at
European Union level, the competent authority may decide on a
case-by-case basis that a certain  waste has ceased to be waste on
the basis of the conditions laid down in sub-regulation (1) andtaking into account limit values for pollutants and any possibl e
adverse environmental a nd human health impacts. The
competent authority may take into account the followingrequirements:
(a) permissible waste input material for the
recovery operation;
(b) allowed treatment processes and techniques;
(c) quality criteria for end-of-waste materials
resulting from the recovery operation in line with the
applicable product standards,  including limit values for
pollutants where necessary;
(d) requirements for management systems to
demonstrate compliance with the end-of-waste criteria,
including for quality control and self-monitoring, and
accreditation, where  appropriate; and
(e) a requirement for the submission of a
statement of conformity, which shall contain theinformation set out in Part B of Schedule 10.
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(3) Any natural or legal person intending to carry out
recycling or other recovery opera tions in which waste ceases to
be waste in accordance with sub- regulation (1) is to obtain a
permit from the competent authority prior to any transfer of th e
resulting material:
Provided that an application for a permit to reach
end-of-waste submitted by a ny person to the competent
authority for a decision under sub-regulation (2) shall contain  at
least the information set out  in Part A of Schedule 10.
(4) The natural or legal person who -
(a) uses, for the first time, a material that has
ceased to be waste and that has not been placed on the
market; or
(b) places a material on the market for the first
time after it has ceased to be waste,
shall ensure that the material m eets relevant requirements under
the applicable chemical and prod uct related legislation. The
conditions laid down in sub-regulation (1) have to be met befor e
the legislation on chemicals and products applies to the materi al
that has ceased to be waste.".
Amends 
regulation 7 of the principal 
regulations.8. Sub-regulation (2) of regulation 7 of the principal
regulations shall be substitu ted by the following new sub-regul ation:
"(2) The competent authority may consider waste as
hazardous waste where, even though it does not appear as such
in Commission Decision 2000/532/EC*, it displays one or more
of the properties listed in Schedule 3:
Provided that the competent authority shall notify
the European Commission of any such cases without delay and
provide it with all relevant information.".
Deletes 
regulation 8 of 
the principal regulations.9. Regulation 8 of the principal regulations shall be deleted.
Amends 
regulation 9 of 
the principal regulations.10. Sub-regulation (2) of regulation 9 of the principal
regulations shall be deleted and sub-regulation (1) thereof sha ll be re-
numbered as regulation 9.
* OJ L 226, 6.9.2000, p.3
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Substitutes 
regulation 10 of 
the principal regulations.11. Regulation 10 of the princ ipal regulations shall be
substituted by the fo llowing new regulation:
"Separate 
collection.S.L. 549. 43.
L.N. 151 of 
2021.
Cap. 363.10. (1) Without prejudice to the Waste
Management (Packaging and Packaging Waste)
Regulations, the Extende d Producer Responsibility
Framework Regulations, 2021, and the Local
Government Act, Local Councils are to set up
systems in their locality for the separate collection(which includes co-mingled collection), and the
Regional Councils are to ensure that such systems
are set-up, for at least the following:
(a) paper;
(b) metal;
(c) plastic;(d) glass; and
(e) bio-waste,
in order to promote high quality recycling.
S.L. 549. 43. (2) Without prejudice to the Waste
Management (Packaging and Packaging Waste)
Regulations, Local Councils shall allocate space for
the provision of Recycling Points for the separate
collection of paper, meta l, plastic and glass for
every two thousand (2,000) inhabitants in each
specific locality, and the Regional Councils are to
ensure that such space is allocated:
Provided that Local Councils with less than
two thousand (2,000) inha bitants shall provide
space for at least one set of Recycling Points in their
respective locality:
Provided further that for the purposes of
Recycling Points under this sub-regulation separate
collection shall not include  co-mingled collection.
S.L. 549.72.(3) Local Councils that fail to comply with the
provisions of sub-regulation (2) shall be liable to a
penalty in accordance with the Daily Penalties
(Environment) Regulations.
S.L. 549. 45.(4) Without prejudice to regulation 10B, any
carrier registered in accordance with the WasteManagement (Activity Regis tration) Regulations to
carry waste as defined in regulation 4 who collectsany one of the waste streams identified in sub-regulation (1) separately, shall keep all fractions
collected separately.
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Adds new 
regulations to 
the principal regulations.12. Immediately after regulat ion 10 of the principal
regulations there shall be added the following new regulations:(5) By 1 January 2025 there shall be systems
set up for the separate collection of:
(a) hazardous waste fractions
produced by households to ensure that they
are treated in accordance with regulation 4A
and paragraph 3 of Part 1 of Schedule 5 and
do not contaminate other municipal wastestreams; and
(b) textiles.".
"
Prevention. 10A. (1) The Minister, in consultation with the
competent authority and the Agency, shall takemeasures to prevent waste generation. Suchmeasures shall, at least:
(a) promote and support sustainable
production and consumption models;
(b) encourage the design,
manufacturing and use of products that are
resource-efficient, durable (including in termsof life span and absence of plannedobsolescence), repairable, re-usable and
upgradable;
(c) target products containing critical
raw materials to prevent that those materials
become waste;
(d) encourage the re-use of products
and the setting up of systems promotingrepair and re-use activities, including in
particular for electrical and electronic
equipment, textiles and furniture, as well as
packaging and construction materials and
products;
(e) encourage, as appropriate and
without prejudice to intellectual propertyrights, the availabi lity of spare parts,
instruction manuals, te chnical information, or
other instruments, equipment or softwareenabling the repair and re-use of products
without compromising their quality and
safety;
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(f) reduce waste generation in
processes related to industrial production,
extraction of minerals, manufacturing,
construction and demolition, taking into
account best available techniques;
(g) reduce the generation of food
waste in primary production, in processingand manufacturing, in retail and other
distribution of food, in restaurants and food
services as well as in households as a
contribution to the United Nations
Sustainable Development Goal to reduce by50% of the per capita gl obal food waste at the
retail and consumer levels and to reduce foodlosses along production and supply chains by2030;
(h) encourage food donation and
other redistribution for human consumption,
prioritising human use over animal feed and
the reprocessing into non-food products;
(i) promote the reduction of the
content of hazardous substances in materialsand products, without prejudice to
harmonised legal requi rements concerning
those materials and products laid down at
European Union level, and ensure that any
supplier of an article as  defined in point 33 of
Article 3 of Regulation (EC) No 1907/2006
*
provides the information pursuant to Article33(1) of that Regulation to the European
Chemicals Agency a s from 5 January 2021;
(j) reduce the generation of waste, in
particular waste that is not suitable forpreparing for re- use or recycling;
____________________
* OJ L 396, 30. 12.2006, p. 1
(k) identify products that are the main
sources of littering, notably in natural and
marine environments, and take appropriate
measures to prevent and reduce litter fromsuch products:
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Provided that if the Minister, in
consultation with the c ompetent authority and
the Agency, decides to implement this
obligation through market restrictions, he
shall ensure that such restrictions areproportionate and non-discriminatory;
(l) aim to halt the generation of
marine litter as a contribution towards the
United Nations Sustainable Development
Goal to prevent and significantly reduce
marine pollution of all kinds;
(m) develop and support information
campaigns to raise awareness about waste
prevention and littering.
(2) The competent authority and the Agency
shall monitor and assess the implementation of thenational measures on re-use by measuring re-use on
the basis of the common methodology established in
Commission Implementing Decision (EU) 2021/19laying down a common methodology and a format
for reporting on reuse in accordance with Directive
2008/98/EC of the European Parliament and of theCouncil.
(3) The competent authority and the Agency
shall monitor and assess the implementation of
national food waste prevention measures by
measuring the levels of food waste on the basis ofthe methodology established by Commission
Delegated Decision (EU) 2019/1597 supplementing
Directive 2008/98/EC of th e European Parliament
and of the Council as regards a common
methodology and minimum quality requirements
for the uniform measurement of levels of food
waste.
Recovery. 10B. (1) The Minister, in collaboration with
the competent authority and the Agency, shall take
the necessary measures to ensure that waste
undergoes preparing for re-use, recycling or otherrecovery operations, in accordance with regulation
4A and the principles set out in paragraph 3 of Part
1 of Schedule 5.
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(2) Where necessary to comply with sub-
regulation (1), and to facilitate or improve preparing
for re-use, recycling and other recovery operations,
waste shall be subject to separate collection andshall not be mixed with other waste or othermaterials with different properties.
(3) The competent authority may grant
derogations from sub-regulation (2) provided that at
least one of the following conditions is met:
(a) collecting certain types of waste
together does not affe ct their potential to
undergo preparing for re-use, recycling orother recovery operations in accordance with
regulation 4A and results in output from thoseoperations which is of comparable quality to
that achieved through separate collection;
(b) separate collection does not
deliver the best environmental outcome when
considering the overall environmentalimpacts of the management of the relevant
waste streams;
(c) separate collection is not
technically feasible taking into consideration
good practices in waste collection;
(d) separate collection would entail
disproportionate economic costs taking intoaccount the costs of adverse environmental
and health impacts of mixed waste collection
and treatment, the potential for efficiencyimprovements in waste collection and
treatment, revenues from sales of secondary
raw materials as well as  the application of the
polluter-pays principle and extended producer
responsibility:
Provided that the competent
authority shall regular ly review derogations
under this paragraph taking into account good
practices in separate c ollection of waste and
other developments in waste management:
Provided further th a t  a  r e q u e s t  f o r  a
derogation under this regulation shall be made inwriting to the competent authority and thecompetent authority shall decide on a case-by-case
basis.
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(4) The Minister, in consultation with the
competent authority and the Agency, shall take
measures to ensure that waste that has been
separately collected for preparing for re-use and
recycling is not incinerat ed, with the exception of
waste resulting from subsequent treatment
operations of the separate ly collected waste for
which incineration delivers the best environmental
outcome in accordance wi th regulation 4A.
(5) Where necessary to comply with sub-
regulation (1), and to facilitate and improverecovery, the Minister, in consultation with thecompetent authority, shall take the necessary
measures, before or during recovery, to remove
hazardous substances, mix tures and components
from hazardous waste with a view to their treatment
in accordance with regulation 4A and paragraph 3
of Part 1 of Schedule 5.
Preparing for 
re-use and 
recycling targets.10C. (1) The Minister, in consultation with the
competent authority and the Agency, shall take
measures to promot e preparing for re-use activities,
notably by encouraging the establishment of, andsupport for, preparing for re-use and repairnetworks, by facilitating,  where compatible with
proper waste management, their access to wasteheld by collection schemes or facilities that can beprepared for re-use but is not destined for preparing
for re-use by those schemes or facilities, and by
promoting the use of economic instruments,procurement criteria, qua ntitative objectives or
other measures.
The Minister, in consultation with the
competent authority and the Agency, shall takemeasures to promote high- quality recycling and, to
this end, subject to regulation 10B(2) and (3), shall
set up separate collection of waste.
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The Minister, in consultation with the
competent authority and the Agency, shall take
measures to promote selective demolition in order
to enable removal and safe handling of hazardous
substances and facilitate re-use and high-qualityrecycling by selective removal of materials, and to
ensure the establishment of sorting systems for
construction and demoliti on waste at least for wood,
mineral fractions (concrete, bricks, tiles and
ceramics, stones), metal, glass, plastic and plaster.
(2) In order to comply with the objectives of
these regulations and move towards a European
circular economy with a high level of resource
efficiency, the following targets shall be achieved:
(a) by 2025, the preparing for re-use
and the recycling of municipal waste shall beincreased to a minimu m of 55% by weight;
(b) by 2030, the preparing for re-use
and the recycling of municipal waste shall beincreased to a minimu m of 60% by weight;
(c) by 2035, the preparing for re-use
and the recycling of municipal waste shall be
increased to a minimu m of 65% by weight:
Provided that the Min ister may by notice in
the Gazette place the responsibility for the
achievement of the targets referred to in paragraphs(a), (b) and (c) on the Local Councils, or on the
Regional Councils, or on both.
(3) The Minister may postpone the deadlines
for attaining the targets re ferred to in sub-regulation
(2)(a), (b) and (c) by up to five years, provided that
the procedure set out in Articles 11(3), 11(4), 11(5)
and Annex IVb of Directive 2008/98/EC of the
European Parliament and of the Council, asamended, are adhered to.
Rules on the 
calculation of the attainment 
of the targets.10D. (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 recycledin a given calendar year;
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(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 orrepairing 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 arenot targeted by the subsequent reprocessing
and to ensure high-quality recycling, enters
the recycling operation whereby wastematerials 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 recyclingoperation:
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 furtheroperations preceding the recycling operationand are not subsequently recycled is not
included in the weight of waste reported as
recycled.
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(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 datagathered on recycled waste, the system may consist
of electronic registries set  up pursuant to regulation
33(5), technical specifi cations for the quality
requirements of sorted waste, or average loss ratesfor sorted waste for various waste types and waste
management practices res pectively. Average loss
rates shall only be used in cases where reliable datacannot be obtained otherwise and shall becalculated 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 beenattained, the amount of municipal biodegradable
waste that enters aerobi c 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 munici pal 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 ofSchedule 5, it has been separately collected or
separated at source.
(6) For the purposes of ca lculating whether the
targets laid down in regulation 10C(2) have been
attained, the amount of waste materials that haveceased to be waste as a result of a preparatory
operation before being reprocessed may be counted
as recycled, provided th at such materials are
destined for subsequent reprocessing into products,
materials or substances to be used for the original or
other purposes:
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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 beenattained, 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 theEuropean 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 orrecycling shall count towar ds the attainment of the
targets laid down in regulation 10C(2) only if therequirements of sub-regulati on (3) of this regulation
are met and if, in accorda nce with Regulation (EC)
No 1013/2006
*, the exporter can prove that the
shipment of waste complies with the requirementsof that Regulation and that the treatment of waste
outside the Union took place in conditions that are
broadly equivalent to the requirements of therelevant European Union environmental law.
(9) For the application of this regulation, the
rules for calculation, ve rification and reporting of
data laid down in Commission ImplementingDecision (EU) 2019/1004 laying down rules for thecalculation, verification and reporting of data on
waste in accordance with Directive 2008/98/EC ofthe European Parliament and of the Council andrepealing Commission Implementing Decision
C(2012) 2384 shall apply.".
____________________
* OJ L 190, 12.7.2006, p 1.
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Amends 
regulation 12 of the principal 
regulations.13. Regulation 12 of the princ ipal regulations shall be
amended as follows:
(a) in sub-regulation (1) thereof, the words "paragraphs
2 and 3 of Schedule 5" shall  be substituted by the words
"regulation 4A and paragraph 3 of Part 1 of Schedule 5"; and
(b) sub-regulation (7) thereof shall be substituted by the
following new sub-regulation:
Amends 
regulation 16 of the principal 
regulations.14. Sub-regulation (3) of regulation 16 of the principal
regulations shall be substitute d by the following new sub-regulation:
"(3) Where hazardous waste has been unlawfully mixed
in breach of this regulation, the competent authority shall
ensure, without prejudice to regulations 34 and 35, that
separation is carried out whe re technically feasible and
necessary to comply with regulation 4B.
Where separation is not required pursuant to sub-
regulation (1), the competent authority shall ensure that themixed waste is treated in a faci lity that has obtained a permit  in
accordance with regulation 19 to treat such a mixture.".
Amends 
regulation 18 of 
the principal 
regulations.15. Sub-regulation (1) of regulation 18 of the principal
regulations shall be substitute d by the following new sub-regulation:
"(1) Without prejudice to the provisions related to the
management of hazardous waste  laid down in regulations 14
and 16, waste oils -
(a) shall be collected separately, unless separate
collection is not technically feasible taking into account
good practices; 
(b) shall be treated, giving priority to
regeneration or alternatively to other recycling operationsL.N. 151 of 
2021."(7) Without prejudice to regulation 4(3) of the
Extended Producer Responsibility Framework
Regulations, 2021, in accordance with the polluter-
pays principle, the costs of waste management,
including for the necessary infrastructure and itsoperation, shall be borne  by the original waste
producer or by the current or previous waste holdersdepending on who has the duty of car e for the waste
in accordance with the provisions of this
regulation.".
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B 1127
delivering an equivalent or a better overall environmental
outcome than regeneration, in accordance with regulation
4A and paragraph 3 of Part 1 of Schedule 5;
(c) of different characteris tics shall not be mixed
and waste oils are not to be mixed with other kinds ofwaste or substances, if s uch mixing impedes their
regeneration or another recy cling operation delivering an
equivalent or a better overall environmental outcome thanregeneration.".
Adds new 
regulation to the 
principal regulations.16. Immediately after regulat ion 18 of the principal
regulations there shall be adde d the following new regulation:
Amends 
regulation 19 of 
the principal regulations.17. In sub-regulation (1) of regulation 19 of the principal
regulations, the words "waste treatment" shall be substituted b y the
words "waste treatment, including but not limite d to, storage of waste
pending any recovery or dispos al operations (excluding temporar y
storage of waste which is pending collection on the site where such
waste is generated),".
Amends 
regulation 23 of 
the principal regulations.18. Regulation 23 of the principal regulations shall be
amended as follows:
(a) in sub-regulation (3) thereof, the words "an
enforcement notice" shall be substituted by the words "an
Order"; and
(b) in sub-regulation (4) thereof, the words "a remedial
or enforcement notice" shall be substituted by the words "a"Bio-waste. 18A. (1) In order to comply with the
objectives of these regulations and European Unionlegislation, and move to a European circulareconomy with a high level of resource efficiency,
the Minister, in consultation with the competent
authority and the Agency, shall take the necessarymeasures to ensure tha t by 31 December 2023 and
subject to regulation 10B(2) and (3), bio-waste iseither separated and recycled at source, or iscollected separately and is not mixed with other
types of waste.
(2) Waste with similar biodegradability and
compostability properties which complies with
relevant European standards or any equivalentnational standards for packaging recoverable
through composting and biodegradation, may be
allowed to be collected t ogether with bio-waste.".
Verżjoni Elettronika
B 1128
remedial notice or an Order".
Amends 
regulation 28 of 
the principal 
regulations.19. Regulation 28 of the princ ipal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) The Minister, in consultation with the
competent authority and the Agency, shall establish one or
more waste management plans, in line with the objectivesand the principles set out in regulation 2(2), regulations 4A
and 4B, and paragraph 3 of Part 1 of Schedule 5. Suchplans shall, alone or in com bination, cover all Malta.";
(b) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation:
"(2) The Minister, in consultation with the
competent authority and the Agency, shall ensure that the
waste management plan or plans:
(a) include a statement of the Ministry’s
policies for attaining th e objectives and principles
specified in regulations 4 A and 4B and paragraph 3
of Part 1 of Schedule 5; and
(b) include the matters set out in Part 2 of
Schedule 5.";
(c) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) The Minister, in consultation with the
competent authority and the Agency, shall consider, inparticular, whether the matter s set out in Part 3 of Schedule
5 should be included in the waste management plans."; and
(d) sub-regulation (4) thereof shall be substituted by the
Verżjoni Elettronika
B 1129
following new sub-regulation:
Amends 
regulation 29 of 
the principal regulations.20. Regulation 29 of the principal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) The Minister, in consultation with the
competent authority and the Agency, shall establish waste
prevention programmes setti ng out at least the waste
prevention measures as laid down in regulation 10A(1) in
accordance with regulations 2(2) and 4A.
Such programmes shall be integrated either into the
waste management plans re quired under regulation 28 or
into other environmental policy programmes, asappropriate, or shall function as separate programmes. If
any such programme is integrated into the waste
management plan or into t hose other programmes, the
waste prevention objectives a nd measures shall be clearly
identified.";
(b) sub-regulation (2) thereo f shall substituted by the
following new sub-regulation:
"(2) When establishing such programmes, the
competent authority and the Agency shall, where relevant,
describe the contribution of  instruments and measures
listed in Annex IVa to Directive 2008/98/EC to waste
prevention and shall evaluate the usefulness of the
examples of measures indicated in Schedule 6 or otherS.L. 549. 43.
S.L. 549. 29.
S.L. 549. 62.
S.L. 549.100.(4) The Minister, in consultation with the
competent authority and the Agency, shall ensure
that the waste management plans conform to the
waste planning requirements laid down in
regulation 10 of the Waste Management (Packagingand Packaging Waste) Regulations, to the targets
laid down in regulation 10C(2) of these regulations
and to the requirements laid down in regulation 5 of
the Waste Management (Landfill) Regulations, and
for the purposes of litter prevention, to therequirements laid down in regulation 10 of the
Marine Policy Framework Regulations and
regulation 12 of the Water Policy FrameworkRegulations.".
Verżjoni Elettronika
B 1130
appropriate measures. The programmes shall also describe
existing waste prevention measures and their contribution
to waste prevention."; and
(c) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) The Minister, in consultation with the
competent authority and the Agency, shall adopt specific
food waste prevention progra mmes within their waste
prevention programmes.".
Amends 
regulation 33 of 
the principal regulations.21. Regulation 33 of the princ ipal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) The establishments and undertakings referred
to in regulation 19(1), the producers of hazardous waste,
and the establishments and undertakings which collect or
transport hazardous waste on a professional basis, or act asdealers and brokers of hazardous waste, shall keep a
chronological record of: 
(a) the quantity, nature and origin of that
waste and the quantity of products and materialsresulting from preparing for re-use, recycling or
other recovery operations; and
(b) where relevant, the destination,
frequency of collection, mode of transport and
treatment method foreseen i n respect of the waste.
They shall make that data available to the
competent authority through the electronic registry orregistries to be established pursuant to sub-regulation (5).";
and
(b) immediately after sub-re gulation (4) thereof there
shall be added the following new sub-regulation:
"(5) The competent authority shall set up an
electronic registry or coordinated registries to record the
data on hazardous waste refer red to in sub-regulation (1)
covering the entire geographical territory of Malta.
The competent authority may establish such
Verżjoni Elettronika
B 1131
r e g i s t r i e s  f o r  o t h e r  w a s t e  s t r eams, in particular for those
waste streams for which targets are set in national and
European Union legislation. The data on waste reported byindustrial operators in the E uropean Pollutant Release and
Transfer Register set up under Regulation (EC) No 166/2006 of the European Parliament and of the Council
* shall
be used.".
Adds new 
regulation to the 
principal 
regulations.22. Immediately after regulat ion 33 of the principal
regulations there shall be adde d the following new regulation:
* OJ L 33, 4.2.2006, p. 1"Reporting. 33A. (1) The establishments and undertakings
referred to in regulation 19(1) and the
establishments and undertakings which act as
dealers and brokers of waste, shall submit annual
reports to the competent authority within three (3)calendar months of the closing of the reference year.
The competent authority shall specify the
format in which such information is to be made
available, which format shall contain guidance
concerning the pr esentation, structure and content
of the annual report.
(2) The competent authority may carry out, at
the expense of the operator, or may request the
operator to carry out, an audit to certify that all of
the information reported to the competent authorityis in conformity with the obligations of these
regulations.
(3) The operators referred to in sub-regulation
(1) shall submit the audit report referred to in sub-
regulation (2), where relevant, together with theannual report referred to in sub-regulation (1).
(4) It shall be the responsibility of all the
operators referred to in sub-regulation (1) to retainfor a minimum period of five (5) years the annualreport referred to sub-regulation (1) from the date of
submission.
(5) The competent authority may request that
the Regional Councils or the Local Councils, for the
purposes of monitoring the systems set up underregulation 10(1), submit a report to the competent
authority.
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B 1132
Amends 
regulation 34 of the principal 
regulations.23. Sub-regulation (1) of regulation 34 of the principal
regulations shall be substitute d by the following new sub-regulation:
Amends 
Schedule 2 to the principal regulations.24. Items R 3, R 4 and R 5 of Schedule 2 to the principal
regulations shall be substitu ted by the following new items:
"R 3 Recycling/reclamation of organic substances which
are not used as solvents (inc luding composting and other
biological transformation processes) (*)
R 4 Recycling/reclamation of metals and metal
compounds (**)
R 5 Recycling/reclamation of other inorganic materials
(***)".
Amends 
Schedule 3 to 
the principal regulations.25. In Schedule 3 to the principal  regulations, the words "HP
14 "Ecotoxic": waste which presen ts or may present immediate or
delayed risks for one or more s ectors of the environment." shall be
substituted by the following words:
"HP 14 "Ecotoxic": waste which presents or may present
i m m e d i a t e  o r  d e l a y e d  r i s k s  f o r  o n e  o r  m o r e  s e c t o r s  o f  t h eThe competent authority shall specify the
time-frame and the format in which such
information is to be made available.
S.L. 549.39(6) Without prejudice to the confidentiality of
commercially sensitive information, a copy of the
reports referred to in sub-regulations (1) and (5)
shall be made available in accordance with the
Freedom of Access to Information on the
Environment Regulations.".
S.L. 549. 40. (1) Without prejudice to the Abandonment,
Dumping and Disposal of Waste in Streets andPublic Places or Areas Re gulations, the Minister, in
collaboration with the competent authority, shall
t a k e  t h e  n e c e s s a r y  m e a s ures to prohibit the
abandonment, dumping or uncontrolledmanagement of waste, including littering.".
* This includes preparing for re-use, gasification and pyrolysi s using the components
as chemicals and recovery of orga nic materials in the form of b ackfilling 
** This includes preparing for re-use
*** This includes preparing for r e-use, recycling of inorganic construction materials,
recovery of inorganic materials in the form of backfilling, and soil cleaning resulting in
recovery of the soil
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B 1133
environment.
Waste which fulfils any of the following conditions shall
be classified as hazardous by HP 14:
- Waste which contains a substance classified as
ozone depleting assigned the hazard statement code H420
in accordance with Regulation (EC) No 1272/2008 of theEuropean Parliament and of the Council and the
concentration of such a substance equals or exceeds the
concentration limit of 0,1%.
- [c(H420) ≥ 0,1%]
- Waste which contains one or more substances
classified as aquatic acute a ssigned the hazard statement
code H400 in accordance with Regulation (EC) No 1272/
2008 and the sum of the concentrations of those substancesequals or exceeds the concentr ation limit of 25%. A cut-off
value of 0,1% shall a pply to such substances.
- [Σ c (H400) ≥ 25%]
Waste which contains one or more substances classified
as aquatic chronic 1, 2 or 3 assigned to the hazard
statement code(s) H410, H411  or H412 in accordance with
Regulation (EC) No 1272/2008, and the sum of the
concentrations of all substa nces classified as aquatic
chronic 1 (H410) multiplied by 100 added to the sum of
the concentrations of all substances classified as aquatic
chronic 2 (H411) multiplied by 10 added to the sum of the
concentrations of all substa nces classified as aquatic
chronic 3 (H412) equals or excee ds the concentration limit
of 25%. A cut-off value of 0,1% applies to substancesclassified as H410 and a cut-off value of 1% applies tosubstances classified as H411 or H412.
- [100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥
25%]
- Waste which contains one or more substances
classified as aquatic chronic 1, 2, 3 or 4 assigned thehazard statement code(s) H410, H411, H412 or H413 inaccordance with Regulation (EC) No 1272/2008, and the
sum of the concentrations of all substances classified as
aquatic chronic equals or exceeds the concentration limit
of 25%. A cut-off value of 0,1% applies to substances
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classified as H410 and a cut-off value of 1% applies to
substances classified as H411, H412 or H413.
- [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥
25%]
- Where: Σ = sum and c = concentrations of the
substances.".
Amends 
Schedule 5 to 
the principal regulations.26. Schedule 5 to the principal regulations shall be amended as
follows:
(a) paragraph 1 of Part 1 thereof shall be substituted by
the following new paragraph:
"1. The objective of the plan is to take into
account the principles set out in regulation 2(2) and
regulations 4A and 4B, together with the principle set out
in paragraph 3.";
(b) paragraphs 2 and 4 of Part 1 thereof shall be deleted;
(c) Part 2 thereof shall be amended as follows:
(i) sub-paragraphs (b) and (c) of paragraph 6
thereof shall be substitu ted by the following new
paragraphs:
"(b) existing major disposal and recovery
installations, including any special arrangements
for waste oils, hazardous waste, waste containing
significant amounts of critical raw materials, orwaste streams addressed by specific national and
European Union legislation;
(c) an assessment of the need for closure of
existing waste installations, and for additionalwaste installation infrastructure in accordance withregulation 4B of these regulations.
The competent authority shall ensure that an
assessment of the investme nts and other financial
means, including for local authorities, required to
meet those needs is carried out. This assessment
shall be included in the relevant waste managementplans or in other strategic documents covering the
entire territory of Malta;";
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(ii) in sub-paragraph (e) of paragraph 6 thereof,
the words "posing specific management problems." shall
be substituted by the words "posing specific managementproblems;" and immediately th ereafter there shall be added
the following new sub-paragraphs:
(g) an assessment of existing waste
collection schemes, including the material andterritorial coverage of separate collection and
measures to improve its operation, of any
derogations granted in acc ordance with regulation
10B(3) of these regulatio ns, and of the need for
new collection schemes;
(h) measures to combat and prevent all
forms of littering and to cl ean up all types of litter;
(i) appropriate qualitative or quantitative
indicators and targets, including on the quantity ofgenerated waste and its treatment and on municipal
w a s t e  t h a t  i s  d i s p o s e d  o f  o r  s u b j e c t  t o  e n e r g y
recovery.".
(iii) paragraph 9 thereof shall be substituted the
following new paragraph:
"9. Measures in accordance with regulation
4A and paragraph 3 of Part 1 of this Schedule in
order to:
(a) encourage the recycling, including
composting and digestion, of bio-waste in away that fulfils a high level of environment
protection and results in output which meetsrelevant high-quality standards;
(b) encourage home composting;
(c) promote the use of materials
produced from bio-waste."; andS.L. 549. 29."(f) information on the measures to
attain the objective laid down in
regulation 6(2) of the Waste
Management (Landfill) Regulations or
in other strategic documents covering
the entire territory of Malta;
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(iv) paragraph 12 thereof shall be re-numbered as
paragraph 12(1), and immediat ely after sub-paragraph (1),
there shall be added the following new sub-paragraph: 
"(2)  The necessary measures to achieve the
targets established i n regulation 10C(2).".
Deletes 
Schedule 7 to the principal 
regulations.27. Schedule 7 to the principal regulations shall be deleted.
Substitutes 
Schedule 10 to the principal 
regulations.28. Schedule 10 to the principal regulations shall be
substituted by the following new Schedule: 
"SCHEDULE 10
(Regulation 6)
INFORMATION TO BE SUBMITTED ON APPLYING
FOR AN END-OF-WASTE PERMIT
Part A: Information to be in cluded in an application for an End-
of-Waste permit
An application for an end-of-waste permit shall at least contain
the following information:
- a description of the intended use, including the
related processes and functions o f the material once it ceases to
be waste;
- a description of the substituted primary material;
- a description of the existent or potential market for
the material once it ceases to be waste;
- evidence that the product has a market demand,
which may be in the form of possible sales evidence or a letter
of intent to purchase or obtain the said material or any other
documentation that substantiates that a market exists;
- information on any releva nt technical requirements,
legislation and, or standards which the material would need to
adhere to in order for it to cease to be waste;
- a description and the EWC Code* o f  t h e  t y p e  o f
* This refers to the classificat i o n  o f  w a s t e  b a s e d  o n  t h e  E u r o p e a n  L i s t  o f  W a s t e  –
Commission Decision 2000/532/EC and Schedule 3 of these Regulat ions.
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waste entering the recovery operation;
- the expected quantity, in kilogram, of waste entering
the recovery operation and the output, in kilogram, expected to
reach end-of-waste status;
a description of the recovery operation applied in
order to achieve the end-of-waste status, including the following
information:
 the R code pursuant to Schedule 2;
 the type of pre-treatm ent required (if any); 
 information about mixing processes and, or
ratios to be applied if more than one waste stream ismixed;
 information on any primary material and, or
non-waste materials to be mixed with the waste(s) toproduce the waste-derived product, including details on
any ratios applied; and
 information on any waste materials or
substances that are to be removed throughout the recovery
operation and are not expected to reach the end-of-waste
status. 
Part B: Information to be contained in the statement of
conformity
The information to be contained in a statement of conformity is:
- a signed declaration stating that the material that has
ceased to be waste has met all th e criteria and pe rmit conditions
set by the Authority.
- details on whether the placement on the market for
the first time after the material has ceased to be waste is inconformity with the relevant n ational, EU or international
chemical and product related legislation;
- quantity, in kilogram, of t he material that is placed
on the market for the first time after it has ceased to be waste;
- the HS Code of the material if it is to be exported for
use in another Member State or third country.".
Verżjoni Elettronika
B 1076
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