L.S. 549.176 Regolamenti dwar ir-Responsabbiltà Estiża tal-Produttur (Irkaptu tas-Sajd li Fih il-Plastik)

(1)The scope of these regulations is to transpose Article 8 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, with respect to fishing gearcontaining plastic. Scope.

(2)The Authority may implementation of these regulations.

1. requires: issue guidelines on the 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. "fishing gear" means any item or piece of equipment that is used in fishing or aquaculture to target, capture or rear marine biological resources or that is floating on the sea surface, and is deployed with the objective of attracting and capturing or of rearing such marine biological resources; "NACE" means the common statistical classification of economic activities in the European Community established by Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains, as may be amended from time to time; "placing on the market" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic  S.L. 549.
4. 1 2 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 Framework Regulations;  S.L. 549.
5. "plastic" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic Framework Regulations; "producer" means:          S.L. 378.
6. (a) any natural or legal person established in Malta that professionally manufactures, sells 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 fishing gear containing plastic, other than persons carrying out fishing activities as defined in point

(28)of Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC; or       S.L. 378.17. (b) any natural or legal person established in one 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, fishing gear containing plastic, other than persons carrying out fishing activities as defined in point

(28)of Article 4 of Regulation (EU) No 1380/2013;    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. "treatment" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;   S.L. 549.
3. "waste" shall have the same meaning as assigned to it in regulation 4 of the Waste Regulations;  S.L. 549.
4. "waste fishing gear" shall have the same meaning as assigned to it in regulation 3 of the Single-Use Plastic Framework Regulations. Extended producer responsibility. S.L. 549.
5. 4.

(1)Producers placing on the market fishing gear containing plastic shall have extended producer responsibility in accordance with the Extended Producer Responsibility Framework Regulations.

(2)Producers established in another Member State and EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 placing on the market fishing gear containing plastic 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: Provided that such appointment shall be made by written mandate by means of a declaration as established in Schedule 1.

(3)Producer established in Malta who sell fishing gear containing plastic in another Member State in which such producer is not established, shall appoint an authorised representative in such other Member State. The authorised representative shall be the person responsible for fulfilling the obligations of such producer pursuant to these regulations on the territory of that other Member State.

(4)Producers of fishing gear-containing plastic shall cover at least the following costs: (

1. a)the costs of awareness raising measures laid down in regulation 12 of the Single-Use Plastic Framework Regulations;   S.L. 549.149. (
2. b)the costs of the separate collection of waste fishing gear containing plastic that has been delivered to adequate port reception facilities in accordance with the Port Reception Facilities for the Delivery of Waste from Ships Regulations, or to other equivalent collection systems that fall outside the scope of those regulations, and the costs of its subsequent transport and treatment; and      S.L. 549.141. (
3. c)the cost of data gathering and reporting, in accordance with point (iii) of paragraph (
4. a)of sub-regulation

(3)of regulation 6 of the Extended Producer Responsibility Framework Regulations:    S.L. 499.71. Provided that the requirements established in this regulation supplements the requirements applicable to waste from fishing vessels in Maltese legislation and European Union legislation on port reception facilities.

(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, for that purpose, shall set up a producer responsibility organisation which shall be authorised in accordance with regulation 8, covering fishing gear-containing plastic in the whole territory of Malta. Such producer responsibility organisation shall allow all producers and authorised representatives to fulfil their extended producer responsibility obligations under non-discriminatory conditions: 3 4 [ S.L. 549.176 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) Provided that until such producer responsibility organisation is set up and authorised in accordance with regulation 8, the Authority may allocate the costs referred to in sub-regulation

(4)to producers in accordance with the requirements of this regulation and their market share: Provided further that in such cases the Authority may commission studies, at the expense of producers, to quantify such costs or part thereof.         S.L. 549.149.

(6)In order to cover the costs established 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.        S.L. 499.71.

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

(4)on behalf of its producer, an authorised producer responsibility organisation shall make the necessary arrangements with the operators of an authorised port-reception facility as defined in the Port Reception Facilities for the Delivery of Waste from Ships Regulations to finance: (

1. a)appropriate waste receptacles for the deposition and collection of waste fishing gear containing plastic at port reception facilities. Such costs shall include the infrastructure and its operations, and (
2. b)the transport and treatment of the collected waste fishing gear.

(8)An authorised producer responsibility organisation shall also ensure that appropriate waste receptacles for the deposition and collection of waste fishing gear containing plastic are installed at the producers’ premises or other designated areas or premises: Provided that producers shall cover the costs of the infrastructure and its operations, and the subsequent transport and treatment of the collected waste fishing gear. EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 5

(9)The costs referred to in sub-regulations

(7)and

(8)shall not exceed the costs that are necessary to provide those services in a cost-efficient way and shall be established in a transparent way between the Authority, the relevant authorised producer responsibility organisation, or the operator of an authorised port-reception facility as defined in the Port Reception Facilities for the Delivery of Waste from Ships Regulations, and any other concerned actors.         S.L. 499.

2. An authorised producer responsibility organisation shall take the necessary measures to ensure that by 31st December 2027, and in any following year, a minimum of five percent (5%) by weight of fishing gear-containing plastic placed on the market in Malta is separately collected as waste for recycling through the systems set up in accordance with sub-regulations

(7)and

(8)of regulation 4: Collection of waste fishing gear. Provided that if it results that in any given year, the authorised producer responsibility organisation fails to achieve the said applicable minimum collection target, an administrative penalty as listed in Schedule 6 shall be imposed. 6.

(1)The competent authority shall maintain and make available a register relating to the producers who register in accordance with regulation 7 and containing information relating to producer registration as listed in Schedule 4. Register of producers.

(2)The competent authority shall ensure that the register of producers is publicly available free of charge and shall be uploaded online on its website.

(3)The register may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information contained in it. 7.

(1)Producers or authorised representatives shall, during the calendar year of placing fishing gear containing plastic on the market within the territory of Malta, 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.

(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 twenty euro (€20) per 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 Registration and information. 6 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 shall: (

1. a)be made either online or in writing; (
2. b)be signed by any of the authorised signatories referred to in Schedule 3; 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 from the date of receipt of a duly filled in application for registration or renewal, including the payment of any fees as referred to in sub-article

(3)(c); or (b) one

(1)month after the date of receipt of any information or details requested by the competent authority in relation to such application, including the payment of any fees as stipulated in sub-regulation

(3)(c), whichever comes later.

(5)Where a producer ceases to place fishing gear containing plastic 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 3.

(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 in accordance with sub-regulation

(5).

(7)Any producer who either fails to apply for registration in accordance to this regulation or who fails to renew his registration by the end of the year, shall be liable to an administrative penalty as prescribed in Schedule 5.

(8)An authorised producer responsibility organisation may EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 7 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.

(9)An application for registration in accordance with regulation 6 shall contain the information set out in Part A of Schedule 4 whilst the application for renewal shall contain at least the reporting information set out in Part B of Schedule 4.

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

(9)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

(1)month after the change.

(11)The information referred to in sub-regulation

(9)shall be provided either online or in writing and shall be signed by any of the authorised signatories referred to in Schedule 3.

(12)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

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

(13)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 such application, the competent authority shall refuse the application.

(14)Without prejudice to commercial and industrial confidentiality, the information referred to in sub-regulation

(9)shall be made available in accordance with the Freedom of Access to Information on the Environment Regulations.    S.L. 549.39.

(15)Producers or third parties acting on their behalf may provide, on a voluntary basis, further data on fishing gear containing plastic as is available, which may include, inter alia, data on production, exports and imports and specific sub-fractions of such gear. 8.

(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 fishing gear containing plastic, shall require and obtain a valid authorisation from the competent authority. Authorisation to operate a producer responsibility organisation. S.L.549.63. 8 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176

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

1. a)be made in writing; (
2. b)contain the information listed in Part A of Schedule 2; (
3. c)be signed by any of the authorised signatories referred to in Schedule 3; (
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 2 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 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 under 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 under these regulations shall be valid for a period of time as determined in the authorisation itself: Provided that where an authorisation granted by the competent authority is valid for a period exceeding two

(2)years, the Authority may require the producer responsibility organisation to submit an updated work-plan.

(6)Where an authorisation granted under sub-regulation

(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 under these regulations; EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 (
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 2, signed by any of the authorised signatories referred to in Schedule 3.

(7)The renewal of the authorisation to operate a producer responsibility organisation shall be approved where the competent 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 acting on behalf of producers placing on the market fishing gear containing plastic shall, within four

(4)months of the issuance of the authorisation, be required to submit an adequate financial guarantee in accordance with the criteria established by the Authority, covering the costs established in sub-regulations

(6)and

(7)of regulation 4 with respect to the fishing gear containing plastic placed on the market by its producers in any given year, in case of failure of the producer responsibility organisation to fulfil such obligations: Provided that any money drawn by the Authority from the guarantee shall be used to contribute towards financing the activities established in sub-regulations

(6),

(7)and

(8)of regulation 4 with respect to the fishing-gear containing plastic placed on the market by the producers participating in such producer responsibility organisation. 9.

(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: (

1. a)list of producers participating in the producer responsibility organisation during the reporting period; (
2. b)quantities of fishing gear containing plastic placed on the national market by the producers who participate in the producer responsibility organisation, by weight and number of items during the specific reporting period in accordance with the reporting formats which shall be established by the Authority; (
3. c)details on the information and awareness-raising campaigns financed by the producer responsibility organisation in accordance with regulation 4

(6); (d) Authority. any other information as specified by the Information and reporting. 9 10 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176    S.L. 549.39.

(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 this regulation 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: (a) its financial management, including compliance with the requirements established in sub-regulations

(6),

(7)and

(8)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 the 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 fishing gear containing plastic 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 that period, which report shall contain at least the information indicated in sub-regulation

(1). Offences. 10. 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 accordance with any provision of these regulations; (
2. b)contravenes any restriction, prohibition requirement imposed by or under these regulations; or EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 11 (
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 offences indicated in paragraphs (
7. a)to (d). 11. Any person who commits an offence against these regulations shall on conviction be liable: Punishments. (
8. a)on a first conviction, to a fine (multa) not exceeding two thousand and four hundred euro (€2,400); (
9. b)on a second conviction or subsequent convictions, to a fine (multa) not exceeding four thousand and eight hundred euro (€4,800): 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. 12. 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 (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 Applicability of the Criminal Code.  Cap.

1. 12 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 accordance with regulation
2. Name of legal or natural person established in Malta: hereby represents and undertakes the responsibilities as the authorised representative in Malta for Name of Producer: in accordance with the Extended Producer Responsibility (Fishing Gear Containing Plastic) Regulations (S.L. 549.176). This mandate, signed by both parties, commences on the date of signature unless otherwise declared, and shall cease once either party informs the competent authority in Malta managing the national register that this mandate has been terminated. On one part, Name of Producer: Signature: Date: On the other part, Name of Authorised Representative: Signature: Date: SCHEDULE 2 (regulation 8) INFORMATION WHICH SHALL BE SUBMITTED ON APPLYING FOR AN AUTHORISATION TO OPERATE A PRODUCER RESPONSIBILITY ORGANISATION UNDER THESE REGULATIONS Part A: Information which shall be included in an application for registration of a producer responsibility organisation - The name of the producer responsibility organisation; - The name of the operator and, where the operator is a partnership, the names of all the partners; - 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 than one, all the operators; and EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 - A signed declaration stating that the information provided is truthful. Part B: Information which shall be included in the work plan to operate a producer responsibility organisation - A copy of the Memorandum and Articles of Association; - A copy of the Certificate of Registration issued by the Registry of Companies, where applicable; - A business and financial plan in relation to the proposed organisation; - Quality Control and Quality Assurance measures to be adopted by the proposed organisation; - Administrative measures to be adopted to ensure effective control of the process; - A copy of the rules of membership of the producer responsibility organisation; - A description of the modalities whereby the objectives of regulation 4 shall be achieved together with details of the membership fee structure; - A description, including projected amounts by weight and number of items of fishing gear containing plastic placed on the national market by the producers participating in the organisation; - Proposals for an adequate guarantee referred to in regulation 7

(8), intended to cover the costs established in sub-regulations

(6)and

(7)of regulation 4 in case the authorisation is revoked or in case of permanent cessation of its operation or insolvency; - Proposals for the calculation of the costs referred to in subregulations

(6)and

(7)of regulation 4, including the provision of the necessary waste-collection infrastructure required to be installed at producers’ premises or other designated areas or premises as referred to in regulation 4

(8); - Proposals of how the information under the provisions of these regulations shall be compiled and made available to the Authority; - Proposals for meeting the annual collection rate of waste fishing gear containing plastic; - Intended public awareness campaigns to be financed and, or organised by the proposed organisation; - Projected date of commencement for the activity; and 13 14 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 - Any other relevant information as required by these regulations or as requested by the Authority. SCHEDULE 3 (regulations 7 and 8) 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 the following:- A natural person, if the producer is a natural person; or - A partner, where the producer or an authorised producer responsibility organisation is a partnership; or - A director or company secretary of that company, where the producer or an authorised producer responsibility organisation is a company registered in Malta; or - A person who has control or management of the body, where the producer or an authorised producer responsibility organisation is an unincorporated body; or - 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 4 (regulation 7) INFORMATION TO BE CONTAINED IN AN APPLICATION FOR REGISTRATION OR RENEWAL Part A: Information to be submitted upon registration: - Name and address of the producer and where: (

1. i)the producer is a company, the registered office; (
2. ii)the producer is not a company, the principal place of business; - National identification code of the producer, including the national tax number and the company number,where applicable, of the producer; - The NACE Code and the employment size of the company, where applicable; EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 - The details of the contact person to whom the competent authority shall address any communications; - Details on the commercial nature of the producer,e.g. manufacturer, importer or distance seller; - Type of fishing-gear containing plastic placed on the market; - A signed declaration stating the information provided is truthful; - The date of the application for registration; and - Name of the Producer Responsibility Organisation that the producer is a member of and a copy of the agreement with such Organisation. Part B: Information to be submitted upon renewal - 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; - The NACE Code and the employment size of the company, where applicable; - Quantities of fishing-gear containing plastic 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; - A signed declaration stating that the information provided is truthful; - The date of the application for renewal of registration; - An appropriate description of how the data has been compiled, including any explanation of any estimates used; and - Name of the Producer Responsibility Organisation that the producer is a member of and an affirmation of the agreement with such Organisation. SCHEDULE 5 (regulation 6) ADMINISTRATIVE PENALTIES FOR NON-REGISTRATION AND NON-RENEWAL - Any producer who fails to apply for registration in accordance with sub-regulation

(1)of regulation 6 shall be liable to an administrative penalty of two thousand five hundred euro (€2,500) per 15 16 [ S.L. 549.176 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) tonne of fishing gear containing plastic placed on the market from the first placing of the fishing gear containing plastic on the market until he applies for registration. - Any producer who fails to renew his registration by the end of the year in accordance with sub-regulation

(1)of regulation 6 shall be liable to an administrative penalty of two thousand five hundred euro (€2,500) per tonne of fishing gear containing plastic placed on the market from the beginning of the year in which he should have renewed until he applies for renewal: Provided that where the authorised producer responsibility organisation has agreed to register or renew the registration of a producer on his behalf, the penalties above-mentioned shall, in either case, be due by the authorised producer responsibility organisation who failed to apply or renew: Provided that in both instances where less than one

(1)tonne of fishing gear containing plastic is placed on the market, the administrative penalty shall be calculated pro-rata, with a minimum penalty of five hundred euro (€500). SCHEDULE 6 (regulation 5) ADMINISTRATIVE PENALTY The Authority may impose an administrative penalty in accordance with article 81 of the Act when an authorised producer responsibility organisation acting on behalf of producers placing on the market fishing gear containing plastic fails to achieve the applicable minimum collection target during the previous year. The administrative penalty shall be calculated as per the table below. Achieved Collection Target (%) Administrative Penalty (€) per tonne of uncollected fishing gear from collection target Between 0% and <1% 2500 Between 1% and <2% 2250 Between 2% and <3% 2000 Between 3% and <4% 1500 Between 4% and <5% 1000 EXTENDED PRODUCER RESPONSIBILITY (FISHING GEAR CONTAINING PLASTIC) [ S.L. 549.176 Provided that the Authority may waive the administrative penalty in case where the party notified with the Authority’s intention to issue an administrative penalty provides evidence to the satisfaction of the Authority that the non-attainment of the target is due to exceptional reasons beyond his control. 17