L.S. 549.140 Regolamenti dwar Restrizzjonijiet fuq it-Tqegħid fis-Suq ta’ Prodotti tal-Plastik li Jintużaw Darba Biss

(1)These regulations transpose Article 5, Articles 6

(1)and

(2)and Article 7

(1)of Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. Scope. Amended by: L.N. 236 of 2022.

(1a)These regulations shall be read and construed in conjunction with the Single-Use Plastic Framework Regulations. S.L. 549.149.

(2)The Environment and Resources Authority and the Customs Department shall collaborate and cooperate in enforcing these regulations.

1. requires: In these regulations, unless the context otherwise "oxo-degradable plastic" means plastic materials that include additives which through oxidation, lead to the fragmentation of the plastic material into micro-fragments or to chemical decomposition; Interpretation. Substituted by: L.N. 236 of 2022. Amended by: L.N. 273 of
2. "making available on the market", "placing on the market", "plastic" and "single-use plastic product" shall have the same meaning as assigned to them in regulation 3 of the Single-Use Plastic Framework Regulations;     S.L. 549.
3. "packaging" shall have the same meaning as assigned to it in regulation 3

(1)of the Waste Management (Packaging and Packaging Waste) Regulations;   S.L. 549.43. "plastic confetti" means pieces or streamers made wholly or partly from plastic. 4.

(1)As from 1 January 2021, the placing on the market of the single-use plastic products listed in Part A of the Schedule and of products made from oxo-degradable plastic shall be prohibited: Provided that the distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, of the single-use plastic products listed in Part A of the Prohibitions on placing on the market. Amended by: L.N. 499 of 2021; L.N. 236 of 2022. 2 [ S.L. 549.140 RESTRICTIONS ON PLACING ON THE MARKET OF SINGLE-USE PLASTIC PRODUCTS Schedule and products made from oxo-degradable plastic shall be prohibited.

(1a)The placing on the market of the single-use plastic products listed in Part B of the Schedule shall be prohibited.

(2)As from 3 July 2024, the placing on the market of the single-use plastic products listed in Part C of the Schedule that have caps and lids made of plastic shall be prohibited: Provided that single-use plastic products listed in Part C of the Schedule may be exempt from such prohibition only if the caps and lids remain attached to the containers during the products’ intended use stage: Provided further that for the purposes of this subregulation, metal caps or lids with plastic seals shall not be considered to be made of plastic.    S.L. 549.149.

(3)The placing on the market of the single-use plastic products referred to in Part B of Schedule 1 to the Single-Use Plastic Framework Regulations that do not comply with regulation 6 of the said regulations shall be prohibited. Prohibition of placement on the market of plastic confetti. Added by: L.N. 273 of 2025. 4A. The placing on the market of plastic confetti shall be prohibited: Offences and penalties. Amended by: L.N. 273 of 2025. 5.

(1)Any person who contravenes or fails to comply with the prohibitions under regulations 4 and 4A, shall, on conviction, be guilty of an offence under these regulations. Provided that after six

(6)months following the entry into force of this regulation, any distribution, consumption or use, whether in return for payment or free of charge of plastic confetti, shall also be prohibited.

(2)Any person who commits or attempts to commit an offence against these regulations shall, on conviction, be liable: (

1. a)on a first conviction to a fine (multa) not exceeding one thousand five hundred euro (€1,500); (
2. b)on a second or subsequent conviction, to a fine (multa) not exceeding two thousand five hundred euro (€2,500): Provided that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by any of the competent authorities as a result of the said offence and shall moreover order the confiscation of the products to which the offence relates, even though the owner thereof may not be a party to the proceedings. RESTRICTIONS ON PLACING ON THE MARKET OF SINGLE-USE PLASTIC PRODUCTS [ S.L. 549.140

(3)The provisions of article 23 and 30

(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations. SCHEDULE (regulation 4) Part A (

1. a)cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/EEC; (
2. b)cutlery (forks, knives, spoons, chopsticks); (
3. c)plates; (
4. d)straws, except if they fall within the scope of Council Directive 90/385/EEC or Council Directive 93/42/ EEC; beverage stirrers; (
5. f)sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks; (
6. g)food containers made of expanded polystyrene, that is receptacles such as boxes, with or without a cover, used to contain food which: (
7. i)is intended for immediate consumption, either on-the-spot or take-away; (
8. ii)is typically consumed from the receptacle; and (iii) is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food; (
9. h)beverage containers made polystyrene, including their caps and lids; Cap. 9. Substituted by: L.N. 236 of 2022. Single-use Plastic Products Covered by the Prohibition on Placing on the Market (
10. e)3 of expanded 4 [ S.L. 549.140 RESTRICTIONS ON PLACING ON THE MARKET OF SINGLE-USE PLASTIC PRODUCTS (
11. i)cups for beverages made of expanded polystyrene, including their covers and lids. Part B (
12. a)pizza lid supports; (
13. b)sticks to be attached to and to support lollipops that are placed on the market on their own; (
14. c)kebab sticks; (
15. d)toothpicks. Part C Beverage containers with a capacity of up to three

(3)litres, that is receptacles used to contain liquid, such as beverage bottles including their caps and lids, and composite beverage packaging including their caps and lids, but not: (

1. a)glass or metal beverage containers that have caps and lids made from plastic; and (
2. b)beverage containers intended and used for food for special medical purposes as defined in point (
3. g)of Article 2

(2)of Regulation (EU) No 609/2013 of the European Parliament and of the Council that is in liquid form.