L.S. 549.175 Regolamenti dwar ir-Responsabbiltà Estiża tal-Produttur (Filtri tat-Tabakk li fihom il-Plastik)

(1)The title of these regulations is the Extended Producer Responsibility (Tobacco Filters Containing Plastic) Regulations. Citation and scope.

(2)The scope of these regulations is to provide for the requirements of Article 8 of the Directive with respect to tobacco products with filters and filters marketed for use in combination with tobacco products.

1. requires: In these regulations, unless the context otherwise Interpretation. "Act" means the Environment Protection Act; Cap.
2. "Authority" or "competent authority" means the Environment and Resources Authority as established by article 6 of the Act; "collection" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;  S.L. 549.
3. "Department" means the Department for Local Government as established in the Second Schedule to the Public Administration Act;   Cap.
4. "Directive" means 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; "Division" means the Cleansing and Maintenance Department as established in the Second Schedule to the Public Administration Act;   Cap.
5. "placing on the market" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic Framework Regulations;  S.L. 549.
6. "plastic" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic Framework Regulations;  S.L. 549.
7. "producer" means: 2 [ S.L. 549.175 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC)      S.L. 378.
8. (a) any natural or legal person established in Malta that professionally manufactures or imports, irrespective of the selling technique used, including by means of distance contracts as defined in regulation 2 of the Consumer Rights Regulations, and places on the market of Malta the single-use plastic products listed in Schedule 1; or       S.L. 378.
9. (b) any natural or legal person established in one

(1)Member State or in a third country that professionally sells in Malta directly to private households or to users other than private households, by means of distance contracts as defined in regulation 2 of the Consumer Rights Regulations, the single-use plastic products listed in Schedule 1;    S.L. 549.

1. "producer responsibility organisation" or "PRO" shall have the same meaning as assigned to it in regulation 3 of the Extended Producer Responsibility Framework Regulations;   S.L. 549.
2. "single-use plastic product" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic Framework Regulations;   S.L. 315.
3. "tobacco products" shall have the same meaning as assigned to it in regulation 2 of the Manufacture, Presentation and Sale of Tobacco and Related Products Regulations;  S.L. 549.
4. "treatment" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;  S.L. 549.
5. "waste" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations. Conflict between regulations.  S.L. 549.
6.  S.L. 549.
7.  S.L. 549.
9. In the event that any provision of these regulations is in conflict with the provisions of the Waste Management (Packaging and Packaging Waste) Regulations, the Waste Regulations or the Extended Producer Responsibility Framework Regulations, these regulations shall prevail. Extended producer responsibility. S.L.549.
10. 4.

(1)Producers placing the single-use plastic products listed in Schedule 1 on the market in Malta shall have extended producer responsibility in accordance with the Extended Producer Responsibility Framework Regulations.

(2)Producers established in another European Union Member State and placing such single-use plastic products on the market in Malta shall appoint a legal or natural person established in Malta as an authorised representative for the purposes of fulfilling the extended producer responsibility obligations established in these regulations on the territory of Malta: EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 Provided that such appointment shall be made by written mandate by means of a declaration as set out in Schedule 2.

(3)Producers established in Malta who sell such single-use plastic products in another Member State in which such producer is not established, shall appoint an authorised representative in that other Member State. The authorised representative shall be the person responsible for fulfilling the obligations of such producer on the territory of that other Member State in accordance with the national legislation of the said Member State implementing the Directive.

(4)Producers of the single-use plastic products listed in Schedule 1 shall cover at least the following costs: (

1. a)the costs of awareness raising measures set out in regulation 12 of the Single-Use Plastic Framework Regulations; (
2. b)the costs of cleaning up litter resulting from such products and the subsequent transport and treatment of such litter; (
3. c)the costs of data gathering and reporting in accordance with regulation 6

(3)(a)(iii) of the Extended Producer Responsibility Framework Regulations; and (d) the costs of waste collection for such products that are discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of such waste. The costs may include the setting up of specific infrastructure for the waste collection for those products, such as appropriate waste receptacles in common litter hotspots.

(5)In order to achieve the objectives of this regulation in a cost-effective manner, producers and authorised representatives shall fulfil their extended-producer responsibility obligations collectively and, to that end, shall set up a producer responsibility organisation which shall be authorised in accordance with regulation 7, covering the single-use plastic products listed in Schedule 1 and the whole territory of Malta. Such producer responsibility organisation shall permit all producers and authorised representatives fulfil their extended-producer responsibility obligations under non-discriminatory conditions: Provided that if: (a) such PRO is not set up and authorised in accordance with regulation 7 within six

(6)months from the coming into force of these regulations; or (b) the authorisation of an authorised PRO is revoked       S.L. 549.

1.            S.L. 549.
2. 3 4 [ S.L. 549.175 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) and no new PRO is set up and authorised in accordance with regulation 7 within a period of six

(6)months from the decision to revoke the authorisation is notified by the Authority; or (c) the authorised PRO fails to cover the costs referred to in sub-regulation

(4)on behalf of its members, the Authority may allocate the costs referred to in subregulation

(4)to producers in accordance with the requirements of this regulation and their market share. In such cases, the Authority may commission studies at the expense of producers, to quantify such costs or part thereof: Provided further that the Authority may extend the six

(6)month period by a maximum of an additional six

(6)months.         S.L. 549.149.

(6)In order to cover the costs referred to in paragraph (a) of sub-regulation

(4)on behalf of its producers, an authorised producer responsibility organisation shall organise and, or finance effective information and awareness raising campaigns to incentivise responsible consumer behaviour and inform consumers in accordance with regulation 12 of the Single-Use Plastic Framework Regulations: Provided that in case an authorised producer responsibility organisation finances campaigns organised by other entities, the costs that shall be covered by such organisation shall be established in a transparent manner between all actors concerned: Provided further that such campaigns shall be subject to the prior approval of the Authority.

(7)In order to cover the costs established in paragraphs (b) and (d) of sub-regulation

(4)on behalf of its producer, an authorised producer responsibility organisation shall make the necessary arrangements with the Division and the Department, through written agreements for: (

1. a)the financing of appropriate waste receptacles for the single-use plastic products listed in Schedule 1 in the territory of Malta, particularly in common litter hotspots, which costs shall include the infrastructure and its operation, and the subsequent transport and treatment of such waste; and (
2. b)the financing of cleaning up litter resulting from the single-use plastic products listed in Schedule 1 and the subsequent transport and treatment of such litter: Provided that such written agreements shall inter alia establish the terms for the execution of the payments of those financial contributions by an authorised producer responsibility organisation. The said terms shall be duly notified to the Authority within one

(1)EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 month following the conclusion of the said written agreements.

(8)The costs referred to in sub-regulation

(7)shall not exceed the costs that are necessary to provide those services in a costefficient way and shall be established in a transparent way between the Authority, the relevant authorised producer responsibility organisation, the Division and, or the Department, and any other actors concerned: Provided that the costs referred to in sub-regulation

(7)(b) shall be limited to the activities undertaken by the Local Councils, the Division or on their behalf: Provided further that the calculation methodology shall be developed in a way that allows for the costs of cleaning up litter to be established in a proportionate way, shall take into consideration the proposals for the calculation of such costs submitted to the Authority in accordance with regulation 7 and any guidelines published by the European Commission in accordance with Article 8

(4)of the Directive.

(9)To minimise administrative costs, the Authority in consultation with the actors referred to in sub-regulation

(8)may determine financial contributions towards the costs of cleaning up litter by setting appropriate multi-annual fixed amounts. 5.

(1)Producers or authorised representatives of the single-use plastic products listed in Schedule 1 placing such products on the market within the territory of Malta, shall apply to be registered with the competent authority and shall be provided with a registration number upon registration. Producers shall make the registration number clearly visible on their invoices and fiscal receipts: Producer registration. Provided that producers which already hold a registration number in accordance with the Waste Management (Packaging and Packaging Waste) Regulations shall be issued a unique registration number identifying them as producers of either both packaging and the single use plastic products listed in Schedule 1, or as producers of any of these, as applicable.   S.L. 549.43.            S.L. 549.43. Provided further that the Authority shall integrate such information within the register of producers referred to in regulation 20 of the Waste Management (Packaging and Packaging Waste) Regulations.

(2)Producers registered under sub-regulation

(1)shall renew their registration on an annual basis with the competent authority by the 31st March of each year: Provided that as from 1st April of each year the competent authority shall accept renewals until the end of the year subject to the payment of an additional fee of seventy euro (€70) per 5 6 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 month or part thereof, together with the fees prescribed in paragraph (c) of sub-regulation

(3).

(3)An application for registration or renewal by a producer shall: (

1. a)be made either online or in writing; (
2. b)be signed by any of the authorised signatories referred to in Schedule 4; and (
3. c)be accompanied by a fee of ten euro (€10) for online registration or thirty-five euro (€35) for manual registration.

(4)A producer shall not be deemed to be registered or to have renewed his registration until an acknowledgement notice is issued by the competent authority, approving the producer’s application for registration or renewal. The competent authority shall issue the acknowledgement notice within: (a) one

(1)month of the date of receipt of an application for registration or renewal; or (b) one

(1)month after the date of receipt of further information requested by the competent authority in relation to such application, including the payment of any fees, whichever is the later.

(5)Where a producer ceases to place the single-use plastic products listed in Schedule 1 on the market, the producer shall apply for deregistration with the competent authority within the following year of his ceasing to do so. An application for deregistration shall be signed by any of the authorised signatories referred to in Schedule 4.

(6)Without prejudice to the obligations and liabilities of the person applying for deregistration relating to the time when the person was a registered producer, the competent authority shall terminate a person’s registration with effect from the last day of the year during which such person ceased to be liable to be registered, and shall notify that person in writing: Provided that any pending information shall be submitted by the person to the competent authority upon applying for deregistration according to sub-regulation

(5).

(7)Any producer who fails to apply for registration in accordance with this regulation or who fails to renew his registration by the end of the year, shall be subject to an administrative penalty as prescribed in Schedule 7. EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 7

(8)An authorised producer responsibility organisation may register or renew the registration of a producer on his behalf, subject to the consent of the said producer. In such cases, the authorised producer responsibility organisation shall be responsible for adhering to the provisions of this regulation, including payment of the administrative penalty mentioned in sub-regulation

(7), and the Authority may liaise with the authorised producer responsibility organisation in relation to such provisions. 6.

(1)An application for registration in accordance with regulation 5 shall contain the information set out in Part A of Schedule 5 and an application for renewal shall contain at least the reporting information established in Part B of Schedule 5. Registration and information.

(2)In the case the data submitted in accordance with subregulation

(1)changes, the relevant producer, or where relevant, the authorised producer responsibility organisation on his behalf, shall inform the competent authority thereof not later than one month after the change.

(3)The information referred to in sub-regulation

(1)shall be submitted online or in writing and shall be signed by any of the authorised signatories referred to in Schedule 4.

(4)It shall be the responsibility of a registered producer to retain for a minimum of five

(5)years the information referred to in sub-regulation

(1). Such records shall be made available to the competent authority upon request.

(5)Where a producer, or where relevant, the authorised producer responsibility organisation on his behalf, fails or refuses to submit a complete application within one

(1)month of the date of a request by the competent authority for a completed application, the competent authority shall refuse the application.

(6)The competent authority may take into account the particular problems of small and medium sized enterprises in providing detailed data. 7.

(1)Without prejudice to the Waste Regulations, any person who intends to operate a producer responsibility organisation specifically for fulfilling the obligations imposed by these regulations, on behalf of producers of the single-use products listed Schedule 1 shall require and obtain a valid authorisation from the competent authority.

(1)shall: An application for an authorisation under sub-regulation (

1. a)be made in writing; Authorisation to operate a producer responsibility organisation. S.L.549.63. 8 [ S.L. 549.175 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) (
2. b)include the information set out in Part A of Schedule 3; (
3. c)be signed by any of the authorised signatories referred to in Schedule 4; (
4. d)be accompanied by a non-refundable fee of five hundred euro (€500); and (
5. e)be accompanied by a work plan providing the information referred to in Part B of Schedule 3 which has to be to the satisfaction of the competent authority.

(3)The competent authority may specify the format in which the work plan referred to in sub-regulation

(2)is to be made available.

(4)An authorisation granted by the competent authority shall be subject to the conditions included in the authorisation, inter alia, the requirement that the services offered by an authorised producer responsibility organisation shall be: (

1. a)open to the participation of all producers without any non-discriminatory conditions and such participation shall not be refused or revoked without reasonable justification; and (
2. b)designed so as to avoid any barriers to trade or distortions of competition in conformity with the relevant regulations.

(5)An authorisation granted by the competent authority in accordance with these regulations shall be valid for a period of time determined in the authorisation itself.

(6)Where an authorisation granted in accordance with subregulation

(4)is due to expire, an authorised producer responsibility organisation that wants to continue to operate as an authorised producer responsibility organisation shall, not later than six

(6)months before the expiry of the authorisation: (

1. a)submit an application to the competent authority to renew the authorisation granted in accordance with these regulations; (
2. b)provide to the competent authority a revised version of the work plan for the operation of the producer responsibility organisation that complies with Part B of Schedule 3, signed by any of the authorised signatories referred to in Schedule 4.

(7)The renewal of the authorisation to operate a producer responsibility organisation shall be approved where the competent EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 authority is satisfied as to the contents of the revised version of the work plan provided as required by sub-regulation

(6)(b).

(8)An authorised producer responsibility organisation is to be charged a fee as prescribed in Schedule 6 for each operational year. 8.

(1)An authorised producer responsibility organisation shall submit an annual report to the Authority within four

(4)calendar months of the closing of the preceding year. The annual reports shall contain at least the following information: Information and reporting. (

1. a)the list of producers participating in the authorised producer responsibility organisation during the reporting period; (
2. b)the quantities of the single-use plastic products listed in Schedule 1 placed on the national market by the producers who participated in the producer responsibility organisation, by weight and number of items during the specific reporting period in accordance with the reporting formats to be established by the Authority; (
3. c)the quantities of post-consumption waste of the single-use plastic products listed in Schedule 1 collected as litter and through public waste collection systems in accordance with sub-regulation

(7)of regulation 4, by weight and number of items during the reporting period in accordance with the reporting formats to be established by the Authority; (d) the details on the information and awarenessraising campaigns financed by the producer responsibility organisation in accordance with sub-regulation

(6)of regulation 4; (e) Authority. any other information as specified by the

(2)Without prejudice to commercial and industrial confidentiality, a digital copy of the annual report referred to in subregulation

(1)shall be made available in accordance with the Freedom of Access to information on the Environment Regulations.

(3)An authorised producer responsibility organisation shall use the services of an independent auditor, approved by the Authority. The auditor shall be required to certify that all the information reported to the Authority is in conformity with the obligations of these regulations and is as specified in the authorisation issued by the Authority. Furthermore, an authorised producer responsibility organisation shall ensure that a sound auditing procedure for traceability, monitoring and control is put into place to appraise:    S.L. 549.39. 9 10 [ S.L. 549.175 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) (a) its financial management, including compliance with the requirements established in sub-regulations

(6)and

(7)of regulation 4; and (b) the quality of data collected and reported in accordance with these regulations.

(4)An authorised producer responsibility organisation shall submit the audit report prepared in accordance with sub-regulation

(3)together with the annual report referred to in sub-regulation

(1).

(5)Without prejudice to preserving the confidentiality of commercially sensitive information in conformity with any relevant legislation, an authorised producer responsibility organisation shall make publicly available information pertaining to: (

1. a)its ownership and membership; and (
2. b)the financial contributions paid by its members, per unit sold or per tonne of the single-use plastic products listed in Schedule 1 and placed on the market in Malta.

(6)An authorised producer responsibility organisation shall also submit a half yearly report to the Authority within three

(3)calendar months following the end of such period, which report shall contain at least the information indicated in sub-regulation

(1). Offences. 9. Any person shall be guilty of an offence under these regulations if he: (

1. a)fails to comply with any provisions of these regulations or fails to comply with permit conditions or with any order lawfully given in terms of any provision of these regulations; (
2. b)contravenes any restriction, prohibition requirement imposed by, or under these regulations; or (
3. c)acts in contravention of any of the provisions of these regulations; (
4. d)conspires, aids or abets any other person by whatever means, including advertising, counselling or procurement to carry out any of the breaches indicated in paragraphs (
5. a)to (c); or (
6. e)attempts any of the breaches indicated in paragraphs (
7. a)to (d). Punishments. 10. Any person who commits an offence against these regulations shall on conviction be liable: EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 11 (
8. a)on a first conviction, to a fine (multa) not exceeding two thousand and three hundred and thirty euro (€2,330); (
9. b)on a second or subsequent convictions, to a fine (multa) not exceeding four thousand and six hundred and sixty euro (€4,660): Provided that the Court may order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority as a result of the said offence, the revocation of the permit issued by the competent authority and the confiscation of the corpus delicti, if applicable. 11. The provisions of articles 23 and 30 of the Criminal Code shall apply, mutatis mutandis, to proceedings in respect of offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one

(1)year. SCHEDULE 1 (regulations 2, 4, 5, 7, 8) SINGLE-USE PLASTIC PRODUCTS COVERED BY THESE REGULATIONS Tobacco products with filters and filters marketed for use in combination with tobacco products. SCHEDULE 2 (regulation 4) WRITTEN MANDATE DECLARATION Name of Producer: Address: hereby appoints Name of legal or natural person established in Malta: Address: as the producer’s authorised representative in Malta in accordance with regulation

1. Name of legal or natural person established in Malta: Applicability of the Criminal Code.  Cap.
2. 12 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 hereby represents and undertakes the responsibilities as the authorised representative in Malta for    L.N. 126 of
3. Name of Producer: , in accordance with the Extended Producer Responsibility (Tobacco Filters Containing Plastic) Regulations. This mandate, signed by both parties, commences on the date of signature unless otherwise declared and shall cease once either party informs the Environment and Resources Authority that this mandate has been terminated. On one part, Name of Producer: Signature: Date: On one other part, Name of Authorised Representative: Signature: Date: SCHEDULE 3 (regulation 7) INFORMATION THAT SHALL BE SUBMITTED ON APPLYING FOR AN AUTHORISATION TO OPERATE A PRODUCER RESPONSIBILITY ORGANISATION IN ACCORDANCE WITH THESE REGULATIONS Part A: Information that shall be included in an application for registration of a producer responsibility organisation (a) The organisation; name of the producer responsibility (b) The name of the operator and, where the operator is a partnership, the names of all the partners; (c) The address and telephone number of the registered office of the operator or, if not a company, the main place of business of the operator and if more there is more than one

(1)operator, all the operators; and (

1. d)A signed declaration stating that the information EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 provided is true. Part B: Information to be contained in the work plan to operate a producer responsibility organisation (
2. a)A copy of the Memorandum and Articles of Association; (
3. b)A copy of the Certificate of Registration issued by the Registry of Companies, where applicable; (
4. c)A business and financial plan in relation to the proposed organisation; (
5. d)Quality Control and Quality Assurance measures to be adopted by the proposed organisation; (
6. e)Administrative measures to be adopted to ensure effective control of the process; (
7. f)A copy of the rules of membership of the producer responsibility organisation; (
8. g)A description of the modalities of how the objectives of regulation 4 shall be achieved together with details of the membership fee structure; (
9. h)A description, including projected amounts by weight and number of items of the single-use plastic products placed on the national market by the producers participating in the organisation; (
10. i)Proposals for the calculation of the costs referred to in sub-regulations

(6)and

(7)of regulation 4; (

1. j)Proposals of how the information under the provisions of these regulations will be compiled and made available to the Authority; (
2. k)Intended public awareness campaigns to be financed and, or organised by the proposed organisation; (
3. l)Projected date of commencement for the activity; (
4. m)Any other relevant information as required by these regulations or as requested by the Authority.     13 14 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 SCHEDULE 4 (regulations 5, 6 and 7) LIST OF AUTHORISED SIGNATORIES For the purposes of issuing and signing official documentation including correspondence, the competent authority shall only accept documentation from a producer or an authorised producer responsibility organisation that is signed by either of the following persons: person; A natural person, if the producer is a natural A partner, where the producer or an authorised producer responsibility organisation is a partnership; A director or company secretary of that company, where the producer or an authorised producer responsibility organisation is a company registered in Malta; A person who has control or management of the body, where the producer or an authorised producer responsibility organisation is an unincorporated body; The president or any other member of the committee of management, where the producer or an authorised producer responsibility organisation is a co-operative. SCHEDULE 5 (regulation 6) INFORMATION THAT SHALL BE CONTAINED IN AN APPLICATION FOR REGISTRATION OR RENEWAL Part A: Information that shall be submitted upon registration: (
5. a)Name and address of the producer and where: (
6. i)the producer is a company, the registered office; (
7. ii)the producer is not a company, the principal place of business. (
8. b)National identification code of the producer, including the national tax number and the company number (where applicable) of the producer; (
9. c)The NACE Code and the employment size of the company, where applicable; EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 (
10. d)The details of the contact person to whom the competent authority shall address any communication; (
11. e)Details on the commercial nature of the producer (e.g. manufacturer, importer or distance seller); (
12. f)Type of single-use plastic products listed in Schedule 1; (
13. g)A signed declaration stating the information provided is true; (
14. h)The date of the application for registration; (
15. i)Name of the Producer Responsibility Organisation of which the producer is a member of and a copy of the agreement with such Organisation. Part B: Information to be submitted upon renewal (
16. a)Registration number of the producer and any national identification code of the producer, including the national tax number and the company number (where applicable) of the producer; (
17. b)The NACE Code and the employment size of the company, where applicable; (
18. c)Quantities of the single-use plastic products listed in Schedule 1 placed on the national market, by weight and number of items during the specific reporting period in accordance with the reporting formats to be established by the competent authority; (
19. d)A signed declaration stating that the information provided is true; (
20. e)The date of the application for renewal of registration; (
21. f)An appropriate description of how the data has been compiled, including any explanation of any estimates used; (
22. g)Name of the Producer Responsibility Organisation that the producer is a member of and an affirmation of the agreement with such organisation. 15 16 [ S.L. 549.175 EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) SCHEDULE 6 (regulation 7) FEES FOR AN AUTHORISED PRODUCER RESPONSIBILITY ORGANISATION The annual fee shall be calculated as follows: A*B = SF where: "A" is the number of registered producers participating in the producer responsibility organisation; "B" is a fee of ten euro (€10) to be charged for each registered producer participating in the producer responsibility organisation; "SF" is the producer responsibility organisation fee. The fee shall be paid to the competent authority within six

(6)months following the end of the previous operational year. SCHEDULE 7 (regulation 5) SCHEDULE OF ADMINISTRATIVE PENALTIES FOR NONREGISTRATION AND NON-RENEWAL

(1)Any producer who fails to apply for registration in accordance with sub-regulation

(1)of regulation 5 shall be liable to an administrative penalty of thirty euro (€30) per 15,000 single-use tobacco filters containing plastic placed on the market, from the first placing of such single-use plastic products on the market until he applies for registration.

(2)Any producer who fails to renew his registration by the end of the year in accordance with sub-regulation

(2)of regulation 5 shall be liable to an administrative penalty of thirty euro (€30) per 15,000 single-use tobacco filters containing plastic placed on the market, from the beginning of the year in which he should have renewed until he applies for renewal of the registration: Provided that where the authorised producer responsibility organisation has agreed to register or renew the registration of a producer on his behalf, the administrative penalty above-mentioned shall, in either case, be due by the authorised producer responsibility organisation which failed to apply or renew the registration. EXTENDED PRODUCER RESPONSIBILITY (TOBACCO FILTERS CONTAINING PLASTIC) [ S.L. 549.175 17