The implementation of the packaging and packaging waste directive in Maltese legislation

Abstract

This thesis entitled 'The Implementation of the Packaging and Packaging Waste Directive in Maltese Legislation' has the objective in assessing Council Directive 94/62/EC of 1994 on Packaging and Packaging Waste in Malta. This is evaluated in terms of the EU environmental objectives with regards to packaging and packaging waste, safeguarding the smooth operation of the internal market and ensuring that there are no barriers to trade and constraints of competition within the EU. As a background to this thesis an exploration of the packaging waste mechanism in Malta, Belgium and Cyprus is carried out aligned to the EU legislation. Other areas, which are explored, include Subsidiary Legislation 473.05 on Eco-Contribution (Exemption) Regulations and Subsidiary Legislation 473.06 on Eco-Contribution (Granting of Refunds) Regulations, aligned to the national Packaging and Packaging Waste Regulations- Subsidiary Legislation 549.43. The lacunae within the Maltese packaging waste legislative framework are highlighted and the need of a more robust legislative framework is apparent. This thesis points out that apart from the effective enforcement of the Packaging and Packaging Waste Directive, national authorities need to invest more in effective measures, through the adoption of economic instruments such as the eco-tax implemented in Belgium. After highlighting the developments mentioned in the Waste Management Plan for the Maltese Islands- A Resource Management Approach 2014-2020, it transpires that the cooperation of every stakeholder especially the householder is pertinent for the effective implementation of Directive 94/62/EC on Packaging and Packaging Waste. It was argued upon that a robust legislative framework alone cannot yield positive results if society does not change its behavior and adopts a sustainable pattern of living.