B 1203
L.N. 151 of 2021
ENVIRONMENT PROTECTION ACT
(CAP. 549)
LOCAL GOVERNMENT ACT
(CAP. 363)
Extended Producer Responsibili ty Framework Regulations, 2021
IN EXERCISE of the powers conf erred by articles 54 and 55 of
the Environment Protection Ac t and article 72 of the Local
Government Act, the Minister for the Environment, Climate Chang e
and Planning, after consultation with the Environment and Resou rces
Authority and the Minister for t he National Heritage, the Arts and
Local Government, have made the following regulations:-
Citation. 1. The title of these regul ations is Extended Producer
Responsibility Frame work Regulations, 2021.
Scope. 2. (1) These regulations bring into effect Articles 8 and 8a
of Directive 2008/98/EC of the Eu ropean Parliament and of the
Council of 19 November 2008 on wa ste and repeal ing certain
Directives as amended by Direc tive (EU) 2018/851 of the Europea n
Parliament and of the Council of 30 May 2018 amending Directive
2008/98/EC on waste.
Cap. 549.
S.L. 549.36.S.L. 549.43.S.L. 549.54.
S.L. 549.89.(2) These regulations provide a framework for extended
producer responsibility schemes and shall also apply to extende d
producer responsibility schemes established pursuant to other
subsidiary legislation under the Environment Protection Act, in
particular the Waste Management (End of Life Vehicles) Regulati ons,
the Waste Management (Packaging and Packaging Waste)Regulations, the Waste Management (Waste Batteries andAccumulators) Regulations and th e Waste Management (Electrical
and Electronic Equipment) Regulations.
Cap. 510.(3) The Environment and Resources Authority shall work in
cooperation with the Resource, Recovery and Recycling Agency an d
the Department for Local Govern ment, and may request advice fro m
the Office for Competition in accordance with the Malta Competition
and Consumer Affairs Authority Act, in carrying out its designa ted
responsibilities under these regulations to ensure that the obj ectives
of these regulations are achieved.
Interpretation. 3. (1) In these regulations, unless the context otherwise
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requires:
Cap. 549. "the Act" means the Environment Protection Act;
S.L. 595.28"the Agency" means the Resource, Recovery and Recycling
Agency established by the Res ource, Recovery and Recycling
Agency (Establishment) Order;
"Authority" or "competent a uthority" means the Authority
established in article 6 of the Act;
"extended producer responsibility scheme" means a set of
measures, including legislative measures promulgated under the Act,
national or European Union legis lation, to ensure that producer s of
products bear financial responsibility or financial and organisational
responsibility for the managemen t of the waste stage of a product’s
life cycle;
"Extended Producer Responsibilit y Consultative Committee" or
"EPR Consultative Committee" means the committee established
under regulation 5;
"the Minister" means the Minister as defined in article 2 of th e
Act;
"producer of a product" or "producers of products" means any
natural or legal person who professionally dev elops, manufactures,
processes, treats, sells or imports specific products;
"producer responsibility organisation" or "PRO" means an
organisation implementing ex tended producer responsibility
obligations on behalf of the producers who are members of that
organisation.
S.L. 549.63(2) All other terms shall have the same meaning as is assigned
to them in the Waste Regulations.
Extended 
producer responsibility.4. (1) In order to strengthen the re-use and the prevention,
recycling and other recovery of waste, the Minister may take ei ther
legislative or non-legislative measures to ensure that any prod ucer of
a product has extended pr oducer responsibility:
Provided that, when applying extended producer
responsibility, the Minister shall take into account the techni cal
feasibility and economic viabili ty and the overall environmenta l,
human health and social impacts, respecting the need to ensure the
proper functioning of the internal market.
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S.L. 549.63(2) The extended producer res ponsibility shall be applied
without prejudice to the responsib ility for waste management as
provided for in regulation 12(1)  of the Waste Regulations and w ithout
prejudice to existing waste str eam specific and product specifi c
Union or national legislation.
(3) In the case of the introduction of the measures referred to
in sub-regulation (1), the costs o f waste management are to be borne
wholly by the producer of the product from which the waste came :
Provided that the distributors of such product may share
these costs.
(4) Where the measures referred to in sub-regulation (1)
include the establishment of extended producer responsibility
schemes, including those estab lished pursuant to other Union or
national legislation, the Minister , in consultation with the Au thority
and the Agency, shall:
(a) define in a clear way the  roles and responsibilities of
all relevant actors involved, including producers of products
placing products on the national market, producer responsibilit y
organisations, private or public waste operators, localauthorities and, where appropriate, re-use and preparing for re -
use operators and social economy enterprises;
S.L. 549.63
S.L. 549.36S.L. 549.43
S.L. 549.54
S.L. 549.89(b) in line with the waste hierarchy, set waste
management targets, aiming to att ain at least the quantitative
targets relevant for the extended producer responsibility scheme
as laid down in the Waste Regulations, the Waste Management(End of Life Vehicles) Regulations, the Waste Management
(Packaging and Packaging Waste) Regulations, the Waste
Management (Waste Batteries and Accumulators) Regulationsand the Waste Management (Electrical and Electronic
Equipment) Regulations, and set other quantitative targets and,
or qualitative objectives that are considered relevant for theextended producer responsibility scheme;
(c) ensure that a reporting system is in place to gather
data on the products placed on the national market by theproducers of products subject to extended producer
responsibility and data on the collection and treatment of wast e
resulting from those products specifying, where appropriate, th e
waste material flows, as well a s  o t h e r  d a t a  r e l e v a n t  f o r  t h e
purposes of monitoring the targets referred to in paragraph (b);
(d) ensure equal treatment  of producers of products
regardless of their origin or size, without placing a
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disproportionate regulatory burden on producers, including
small and medium-sized enterpr ises, of small quantities of
products:
Provided that the Authority shall ensure that extended
producer responsibility schemes that have been established befo re 4
July 2018, comply with the requirements laid down in these
regulations by 5 January 2023.
(5) Producers of products establi shed in another Member State
of the European Union and placi ng products on the national mark et
may appoint a legal or natural person established in Malta as a n
authorised representative for the purposes of fulfilling theirobligations related to any extended producer responsibility sch emes
established in Malta:
Provided that the authorised representative shall adhere to
the Authority’s requirements, such as registration, information  a n d
reporting requirements.
(6) The Minister may, in consultation with the Authority and
the Agency, through publication in the Gazette, require that producers
of products that undertake financial or financial and organisat ional
responsibilities for the manageme nt of the waste stage of a pro duct’s
life cycle of their own accord shall apply some or all of therequirements referred to in these regulations.
(7) The Authority shall take the necessary measures to ensure
that the waste holders targeted by the extended producerresponsibility schemes established in accordance with sub-regul ation
(1), are informed about waste pre vention measures, centres for re-use
and preparing for re-use, take-back and collection systems, and  th e
prevention of littering: 
Provided that the Minister shall take measures to create
incentives for the waste holders  to assume their responsibility  t o
deliver their waste into the sep arate collection systems in pla ce,
notably, where appropriate, through economic incentives or
regulations.
S.L. 549.63(8) The Minister, in consultation with the Authority and the
Agency, may take appropriate measures to encourage the design o f
products and components of products in order to reduce theirenvironmental impact a nd the generation of w aste in the course of the
production and subsequent use of products, and in order to ensu re that
the recovery and disposal of pr oducts that have become waste take
place in accordance with regulations 4A and 4B of the Waste
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Regulations.
Such measures may encourage, inter alia , the
development, production and marketing of products and component s
of products that are suitable for  multiple use, that contain re cycled
materials, that are technically durable and easily repairable and that
are, after having become waste, suitable for preparing for re-u se and
recycling in order to facilitate proper implementation of the w aste
hierarchy. The measures shall take into account the impact ofproducts throughout their life cycle, the waste hierarchy and, where
appropriate, the potential for multiple recycling.
The Extended 
Producer 
Responsibility 
Consultative Committee.5. (1) The Minister shall set up an Extended Producer
Responsibility Consultative Committee to act as an advisor to the
Authority.
(2) It shall be the function of the EPR Consultative
Committee,  inter alia , to: 
(a) assist the Authority in ensuring a regular dialogue
between relevant stakeholders involved in the implementation
of extended producer responsibility schemes, includingproducers and distributors , producer responsibility
organisations, private or public waste operators, local
authorities, civil society organ izations and, where applicable,
social economy actors, re-use a nd repair networks and preparing
for re-use operators;
(b) assist the Authority in matters relating to
compliance of producers of products and PROs with theseregulations, as well as compl iance with extended producer
responsibility schemes establish ed nationally or at European
Union level;
(c) assist the Authority in ensuring that producers of
products and PROs fully comply with the general minimumrequirements for extended producer responsib ility schemes
referred to in regulation 6;
(d) aid in investigations led by the Authority in line with
regulation 7;
(e) advise the Authority on the distribution or allocation
of Local Councils among producers, or, where the obligations ofindividual producers are to be achieved collectively, between
producer responsibility organisa tions, where extended producer
responsibility schemes require that producers or PROs are tomake the necessary arrangement s with Local Councils for the
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collection and management of waste; and
(f) perform any additional functions as may from time
to time be assigned to it by the Minister in consultation with the
Authority. 
(3) The Minister shall appoint representatives to serve as
members of the EPR Consultative  Committee. The EPR Consultative
Committee shall be composed as follows:
(a) two members representing the Environment and
Resources Authority;
(b) one member representing the Resource, Recovery
and Recycling Agency;
(c) one member representing the Department for Local
Government; and
(d) any other member as the  Minister may deem fit.
(4) The Minister shall appoint a Chairperson and a Deputy
Chairperson from amongst the members of the EPR Consultative
Committee provided that the Chairperson shall be one of the mem bers
listed in sub-regulation (3)(a).
(5) The Minister shall appoint a Secretary to the EPR
Consultative Committee.
(6) The members of the EPR Consultative Committee shall
hold office for such period, being not more than three years, a s may
be specified in the letter appoi nting them and if no such perio d is
specified, shall remain in office for three years. The members so
appointed may be re-appointed for other terms by the Minister o n the
expiry of their term.
(7) The EPR Consultative Comm ittee shall meet at least ten
(10) times every year, either at  the request of the Chairperson of the
EPR Consultative Committee or at the request of any other twomembers of the EPR Consultative Committee representing differen t
competent authorities.
(8) At any meeting referred to in sub-regulation (7), the EPR
Consultative Committee may act notwithstanding any absence or
vacancy amongst its members provi ded there is a quorum consisti ng
of the Chairperson or t he Deputy Chairpers on, and at least three other
members.
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(9) The meetings of the EPR C onsultative Committee shall be
chaired by the Chairperson or in his absence by the Deputy
Chairperson.
(10) It shall be the joint duty of the members constituting the
EPR Consultative Committee to ensure that the overall functions  of
the Consultative Committee are carried out in close collaborati on and
as efficiently as possible in accordance to their designated
responsibilities.
(11) The EPR Consultative Committee shall regulate its own
procedures and the Authority shall lead in coordinating the
administrative procedures of the EPR Consultative Committee. 
General 
minimum requirements for 
extended 
producer responsibility 
schemes.6. (1) Any producer of a product or producer
responsibility organisation shall:
(a) have a clearly defined geographical, product and
material coverage without limiti ng those areas to those where
the collection and management of w aste are the most profitable;
(b) provide an appropriate availability of waste
collection systems within the areas referred t o in paragraph (a);
(c) have the necessary financial means or financial and
organisational means to meet its extended producer
responsibility obligations;
(d) put in place an adequate self-control mechanism,
supported, where relevant, by regular independent audits, toappraise:
(i) its financial management, including
compliance with the requirements laid down in sub-
regulation (3)(a) and (b); and
(ii) the quality of data collected and reported in
accordance with regulation 4(4)(c) and with therequirements of Re gulation (EC) No 1013/2006;
(e) make publicly available information about the
attainment of the waste manage ment targets referred to in
regulation 4(4)(b); and
(f) in the case of a producer responsibility organisation,
make also publicly availab le information about:
(i) its ownership and membership;
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(ii) the financial contri butions paid by producers
of products, members of the producer responsibility
organisation, per unit sold or per tonne of product placedon the market; and 
(iii) the selection procedure for waste
management operators.
(2) The provision of information to the public referred to in
sub-regulation (1) shall be wit hout prejudice to preserving the
confidentiality of commercially  sensitive information in confor mity
with the relevant European Union and national legislation.
(3) The financial contributions paid by the producer of a
product to comply with its e xtended producer responsibility
obligations shall:
(a) cover the following costs for the products that the
producer puts on the national market:
(i) costs of separate collection of waste and its
subsequent transport and trea tment, including treatment
necessary to meet the waste ma nagement targets, and costs
necessary to meet other targets and objectives as referredto in regulation 4(4)(b), taking into account the revenuesfrom re-use, from sales of s econdary raw material from its
products and from unclaimed deposit fees;
(ii) costs of providing adequate information to
waste holders in accordan ce with regulation 4(7);
(iii) costs of data gathering and reporting in
accordance with regulation 4(4)(c). 
(b) in the case of a producer  responsibility organisation,
be modulated, where possible, for individual products or groups
of similar products, notably by taking into account theirdurability, repairability, re-u sability and recyclability and t he
presence of hazardous substances, thereby taking a life-cycleapproach and aligned with the requirements set by relevantEuropean Union legislation, and where available, based on
harmonised criteria in order to  ensure a smooth functioning of
the internal market; and
(c) not exceed the costs that are necessary to provide
waste management services in a cost-efficient way. Such costs
shall be established in a transpa rent way between all the actors
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concerned.
S.L. 549.36
S.L. 549.54
S.L. 549.89(4) The provisions of sub-regulation (3)(a) shall not apply to
extended producer responsibility schemes established pursuant t o the
Waste Management (End of Life Vehicles) Regulations, the Waste
Management (Waste Batteries and Accumulators) Regulations andthe Waste Management (Electr ical and Electronic Equipment)
Regulations.
Investigations. 7. (1) The Authority, in collaboration with the EPR
Consultative Committee, may conduct an investigation into a
particular producer or PRO, incl uding investigations into particular
type of agreements. In the course of investigations, the Author ity may
request any information, including financial information, held by
other competent authorities, producers and PROs, in relation to
producers of products and PROs, to  ensure that the objective of  these
regulations are achieved. The Authority may carry out any
inspections necessar y for that purpose.
(2) The Authority shall have the power to carry out
investigations of its own motion or at the request of the Minis ter or
upon a reasonable allegation in writing of a breach of the provisions
of these regulations, by a complainant or any producer of a pro duct or
a PRO.
(3) During the course of any investigation, the Authority may
request any producer of a product or a producer responsibility
organisation to furnish it with any information or document in its
possession which the Authority has reason to believe is relevan t to the
matter under investigation, within  such time as in the circumst ances
of the investigatio n the Authority may consider reasonable:
Provided that nothing in this sub-regulation may be
construed as authorising the Au thority to order the production of any
document or the disclosure of a ny information which may be subj ect
to the duty of prof essional secrecy.
(4) When sending a request f or information to any producer of
a product or a producer responsibility organisation, the Author ity
shall specify what information is required and fix a time-limit  within
which the information is to be provided:
S.L. 549.72Provided that failure to adhere to such request may entail
liability to a daily penalty in accordance with the Daily Penal ties
(Environment) Regulations.
(5) Where any producer of a product or a producer
responsibility organisation subm its information, which contains
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business secrets or other confidential information, the provisi ons of
regulation 8 shall apply.
Identification 
and protection of confidential 
information.8. (1) Any producer of a product or a producer
responsibility organisation who submits information or comments  to
the Authority in the course of an investigation, shall clearly identify
any material which it considers to be confidential, giving reas ons
therefor, and shall provide a separate non-confidential version , where
applicable by the date set by the Authority for making its submissions
known.
(2) Without prejudice to sub-regul ation (1), the Authority may
require persons or producers of a product or producer responsib ility
organisations to submit documents  pursuant to these regulations , to
identify the documents or parts of documents which they conside r to
contain business secrets or oth er confidential information belo nging
to them and to identify the persons, producers of a product or a
producer responsibility organisations to which such documents a re to
be considered confidential.
(3) The Authority may set a time-limit within which persons,
producers of a product or a producer responsibility organisation orany other bodies are to:
(a) substantiate their claim for confidentiality with
regard to each individual document or part of such document,statement or part  of such statement;
(b) provide the Authority with a non-confidential
version of the documents or statements, in which theconfidential passages are deleted; and
(c) provide a concise description of each part of the
deleted information.
(4) In the event that persons, producers of a product or
producer responsibility organisations or any other bodies fail to
comply with sub-regulations (1) and (2), the Authority may deem  that
the documents or statements concerned do not contain confidenti al
information and may consequently assume that the persons,producers of a product or producer responsibility organisations  o r
other bodies have no objections to the disclosure of the documents or
statements concerne d in their entirety.
(5) Where persons, producers of a product or producer
responsibility organisations or any other bodies meet the conditionsset out in sub-regulations (1) and (2), the Authority shall:
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(a) either provisionally accept the claims which appear
justified; or
(b) inform the person, producer of a product or a
producer responsibility organisati on or any other bodies that i t
does not agree with the confiden tiality claim in whole or in pa rt,
where it is apparent that the claim is unjustified.
(6) The Authority may reverse its provisional acceptance of
the confidentiality claim in whole or in part at a later stage.
(7) Where the Authority does not agree with the
confidentiality claim from the outset or where it takes the vie w that
the provisional acceptance of the confidentiality claim should be
reversed, and thus intends to disclose information, the Authori ty shall
inform such person, producer of a product or a producerresponsibility organisation or any other body, in writing, of i ts
intention to disclose such inf ormation, give it s reasons and se t a time-
limit within which such person, producer of a product or a prod ucer
responsibility organisation or any other body may inform theAuthority in writing of its views. If, following submission of those
views, a disagreement on the conf identiality claim persists, th e
Authority shall take a decision thereon.
Right of appeal. 9. Any person who feels aggrieved by a decision taken by the
Authority under these regulations  may appeal against that decis ion
before the Environment and Planning Review Tribunal within thir ty
(30) days of the notifi cation of the decision.
Offences. 10. (1) Any person who -
(a) fails to comply with any provision of these
regulations, or with any order lawfully given in terms of any
provision of these regulations;
(b) contravenes any restriction, prohibition, order or
requirement arising from these r egulations, or imposed by the
Authority in accordance with these regulations;
(c) acts in contravention of any provision of these
regulations;
(d) conspires with, aids, abets, counsels, instigates,
procures or knowingly allows any other person to contravene or
fail to comply with the provisi ons of these regulations or of a ny
restriction, order, prohibition or requirement imposed by or
under these regulations; or
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(e) attempts to commit any of breaches indicated in
paragraphs (a) to (d),
shall be guilty of an offence against these regulations.
(2) Any person who commits or attempts to commit an offence
against these regulations shall, on conviction, be liable:
(a) on a first conviction to a fine ( multa ) of not less than
one thousand one hundred and sixty-five euro (€1,165) but not
exceeding two thousand and three hundred and thirty euro
(€2,330);
(b) on a second or subsequent convictions, to a fine
(multa ) of not less than two thousand and three hundred and
thirty euro (€2,330), but not exceeding four thousand and six
hundred and sixty-six euro (€4,666) or to imprisonment for a
term not exceeding two years, or to both such fine andimprisonment:
Provided that the court shall order any person who has
been found guilty of committing an offence against these regulationsto pay for the expenses incurred by any of the competent author ities
as a result of the said offence,  the revocation of the permit i ssued by
the Authority and the confiscation of the corpus delicti , if applicable.
Cap. 9. (3) The provisions of articles 23 and 30(1) of the Criminal
Code shall, mutatis mutandis , apply to proceedings in respect of
offences against these regulations.
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