EPR System in Malta

In Malta, a very similar system operates under a different name: EPR – Extended Producer Responsibility. EPR is the core framework that governs how producers are held responsible for the packaging and certain products they place on the Maltese market. The key difference lies in the name and in the fact that, in Malta, the authority responsible for registration and supervision is the Environment and Resources Authority (ERA). For any entrepreneur who is expanding their online sales internationally and shipping products to customers in Malta, EPR is a legal obligation that cannot be ignored.

It is important to emphasise that these rules are not invented by individual countries. They are the result of EU directives designed to harmonise waste management across the Union. The goal is straightforward: producers and importers who earn money by selling products in packaging should also take responsibility for what happens to that packaging once it becomes waste. This is meant to ensure that less waste ends up in landfills and more materials are kept in circulation.

For an online seller who ships parcels abroad, understanding these rules is absolutely crucial. Every parcel sent to a customer in Malta represents new packaging placed on the Maltese market. Even if your company has no registered office there, the simple fact that you sell to Maltese customers may mean that you fall under the Maltese EPR system. Failing to register or to submit the required reports exposes you to financial penalties, which can be particularly painful for small businesses.

At the same time, it is worth looking at these regulations not only as a legal burden but also as part of building a competitive advantage. Customers across the EU increasingly pay attention to whether companies operate in line with sustainability principles. Complying with EPR rules in Malta is not just about avoiding sanctions; it is also a way to show that your business takes environmental responsibility seriously.

This article will walk you step by step through how the EPR system works in Malta and what obligations a small e-commerce company must meet to operate legally. With this knowledge, you will gain a clear picture of the entire process and avoid unnecessary administrative or financial problems.

Who Is Required to Register

Businesses Placing Packaged Products on the Market

The largest group covered by Malta’s EPR system consists of all companies that place packaged products on the Maltese market. The definition of a “producer” is intentionally broad and includes local manufacturers, importers, and businesses selling via distance commerce. For a small online store shipping goods directly to customers in Malta, the very act of sending a parcel makes the company a producer under Maltese regulations and triggers the corresponding obligations before the local authorities.

Cross-Border Sales and Local Representation

Cross-border sales rules are particularly important. If a business does not have a registered office in Malta but ships goods there as part of its e-commerce operations, it must appoint a local representative. This authorised representative acts on behalf of the company and is responsible before the ERA for all formalities, including registration, reporting and any financial settlements. This requirement ensures that foreign businesses introducing packaging into circulation remain fully accountable under Maltese oversight.

Small Volumes of Packaging

The regulations include certain simplifications for companies that place very small quantities of packaging on the Maltese market. If the volumes fall below a defined weight threshold, the producer may submit a simplified declaration to the ERA instead of participating in the full system. This does not remove the obligation to register or provide information. In practice, even the smallest online retailer sending only a few parcels per year must still be included in the register.

Other Product Categories Covered by EPR

Malta’s EPR system also applies to other categories such as electrical and electronic equipment, batteries and certain single-use plastic products. Anyone placing these goods on the Maltese market must fulfil the corresponding requirements with the ERA. Some sectors offer the option of joining recovery organisations or collective schemes, which take over the regulatory responsibilities on behalf of multiple companies.

What This Means for Online Sellers

For online sellers expanding into Malta, these rules mean looking at the Maltese market through a broader compliance lens. Regardless of whether you sell clothing, sports accessories or electronics, every parcel shipped to Malta constitutes packaging introduced into circulation and activates the obligations imposed by the Maltese EPR framework. Ignoring these requirements can quickly lead to financial penalties that may significantly impact the profitability of a small business.

Who Is Required to Register

Businesses Placing Packaging on the Market

The primary group subject to Malta’s EPR obligations consists of all companies that place packaging on the Maltese market. The term “producer” is interpreted very broadly and covers local manufacturers, importers and businesses from other EU member states that sell to Maltese consumers via distance commerce. If you sell products online and ship orders directly to consumers in Malta, you are legally considered a producer under Maltese EPR rules.

The regulations allow two approaches. You may fulfil your obligations independently through a self-compliance model, taking responsibility for collection and recycling yourself, or you may work with a recovery organisation that handles most administrative and operational tasks on your behalf.

It’s important to note that appointing a local authorised representative is not required for every business. This obligation applies specifically to companies not established in Malta that sell directly to individual consumers in a B2C model. If you operate in that way, appointing an authorised representative becomes mandatory. In other business setups, the requirement may not apply.

Electrical and Electronic Equipment

The rules governing waste electrical and electronic equipment (WEEE) form a separate branch of Malta’s EPR system, although the underlying logic is similar to packaging. Any company placing EEE on the Maltese market must register, report quantities and finance the collection and recycling system, either independently or through an approved compliance scheme.

In this area, the rules are stricter for foreign distance sellers. If you sell electrical and electronic equipment to Malta via distance commerce, you must appoint an authorised representative regardless of whether your customers are households or businesses. This requirement is explicitly stated in §17(2) S.L. 549.89, making local representation the rule rather than the exception for WEEE.

Batteries and Accumulators

The same principles apply to businesses placing batteries or battery-powered products on the Maltese market. Producers, importers or online sellers must register with the ERA, report volumes and finance the appropriate collection and recycling system. As with other categories, companies may either comply independently or join an approved compliance scheme.

In addition, from February 2024 the new Regulation (EU) 2023/1542 on batteries has begun phased implementation. From August 2025 onward, it will largely replace the older directive. One of its major changes is the requirement that distance sellers must appoint an authorised representative in every member state where they sell batteries, unless they have a permanent establishment there. This means that anyone planning to place batteries or battery-containing products on the Maltese market must be ready to comply with the AR requirement.

Small Volumes of Packaging

The regulations provide simplified treatment for very small businesses that place less than 100 kilograms of packaging on the Maltese market annually. In such cases, the company does not need to join a recovery organisation or meet all the standard EPR duties. However, it must still submit the appropriate declaration to the ERA using the dedicated “less than 100kgs” form. This type of registration is time-limited and automatically expires after three years if the company does not place additional packaging on the market. In practice, even the smallest online shops sending only occasional parcels to Malta must appear in the ERA register, although their obligations remain very light.

The Registration Process with the ERA

Registration via the ERA Portal

For any business placing products on the Maltese market, the first step is creating an account in the online portal of the Environment and Resources Authority (ERA). This authority oversees Malta’s EPR system and maintains the central register of producers. Registration is fully digital and requires providing essential company information, such as identification details, address, legal form and VAT number. Once the account is created, the business gains access to the relevant forms that must be completed based on the type of activity carried out.

Registration for Small Volumes of Packaging

Businesses placing less than 100 kilograms of packaging on the Maltese market per year can use a simplified procedure. Instead of participating in the full system, they submit a declaration through the dedicated “less than 100kgs” form. Documentation requirements are minimal, and the entrepreneur does not need to sign a contract with a recovery organisation or pay the standard system fees. After the declaration is submitted, the ERA confirms the registration and includes the business in its records. Importantly, this type of registration expires automatically after three years if no further packaging is placed on the market.

Registration Above 100 Kilograms of Packaging

Once a company exceeds 100 kilograms of packaging per year, its obligations expand significantly. At this point, the business must choose how it will fulfil its EPR duties: either through self-compliance or by joining an approved recovery organisation. The latter is the more common choice for smaller businesses, as the PRO handles not only reporting requirements but also all logistics associated with waste collection and recycling.

Documentation and Deadlines

Registration with the ERA requires submitting the appropriate electronic forms, including estimated quantities of packaging, electrical equipment or batteries. After registration, the business must keep its information up to date. Any change—such as company address, the scope of activity or the quantities placed on the market—must be reported to the ERA within 30 days. Timeliness is critical, as failing to report changes can be deemed a breach of obligations and result in penalties.

Registration Number and System Status

After the ERA verifies the application, the business receives a unique registration number. This serves as proof that the company is part of the system and meets the legal requirements. The number is used in reporting and in communication with recovery organisations. Being granted EPR status formally recognises the business as legally operating in Malta with respect to packaging, WEEE and batteries. Failure to register, or delays in doing so, may lead to sanctions, which is why this step should be completed before starting sales activity in Malta.

The Role and Importance of PROs (Producer Responsibility Organisations)

What PROs Are

Producer Responsibility Organisations form a core pillar of Malta’s EPR system. Their role is to take over the obligations that producers would otherwise need to manage themselves, including the collection, transport and recycling of waste. They operate under licences issued by the Environment & Resources Authority (ERA) and remain under its ongoing supervision. Their activities are financed through fees paid by producers and importers, with the amount tied to both the volume and the type of products or packaging placed on the market. This structure reflects the “polluter pays” principle: the more waste a company generates, the greater its financial responsibility within the system.

GreenPak and Green MT as Examples of PROs

Several recovery organisations operate in Malta. The most recognisable is GreenPak, one of the oldest and largest cooperatives in the sector, handling packaging, waste electrical and electronic equipment and batteries. Alongside it operates Green MT, which provides an alternative for businesses and runs its own collection and recycling systems. Both organisations function under ERA licences and compete for members. This gives businesses the option to choose which PRO to join, but it also requires verifying whether a given organisation covers the specific waste stream relevant to their product range. Not all PROs handle all categories, so a company selling electronic equipment may need a different PRO than one placing only packaging on the market.

Scope of Services and Responsibilities

PROs oversee the entire waste-management process. Their responsibilities include organising door-to-door household collections, operating or cooperating with selective collection points, arranging transport of collected materials to treatment facilities and ensuring recycling takes place in line with national and EU targets. A key element of their work is reporting to the ERA. They prepare detailed data on the quantities of waste collected, recycled or disposed of, enabling the authority to monitor whether national obligations are being met and whether producers are contributing their share to the system.

Self-Compliance as an Alternative

The regulations allow producers to meet their obligations independently under a self-compliance model. In theory, a company could establish its own waste-collection and recycling system and then report directly to the ERA. In practice, this is feasible only for large entities with substantial financial and logistical resources. For small and medium-sized businesses, particularly those operating in e-commerce, this route is virtually impossible due to the infrastructure and coordination required to maintain an individual waste-management system in Malta.

Why PROs Matter for Small E-Commerce Businesses

For small online sellers shipping products to Malta, PROs are usually the only realistic and practical solution. Joining a PRO transfers complex and costly obligations to a specialised organisation, ensuring regulatory compliance and reducing the risk of administrative penalties. At the same time, participating in a PRO signals to customers that the company operates responsibly and supports Malta’s circular-economy system—an increasingly valuable advantage as consumer interest in sustainability grows.

Reporting Obligations and Sanctions

Reporting to the ERA

Every business registered in Malta’s EPR system is required to submit reports to the Environment and Resources Authority. These reports include the quantities of products placed on the market—packaging, electrical and electronic equipment, and batteries—and information on how much of the resulting waste was collected, recycled or disposed of. This data forms the basis for calculating the fees producers must pay within the system and allows authorities to assess how effectively Malta is meeting EU circular-economy targets.

Reporting is generally annual, with the deadline for packaging typically falling on 31 March for the previous calendar year. Similar timelines apply to WEEE and batteries, although in practice the ERA often requires PROs to submit data more frequently, most commonly on a quarterly basis. This enables the authority to react quickly to gaps or irregularities and to monitor the effectiveness of the system throughout the year.

The Role of PROs in Reporting

For individual companies, preparing detailed reports can be challenging, as it requires familiarity with waste classifications such as the European Waste Catalogue (EWC). In practice, much of this responsibility is taken over by PROs, which submit consolidated reports to the ERA on behalf of their members. The organisations ensure that all waste streams are correctly classified and that the data is presented in the format required by the authority. A business that joins a PRO therefore has a significantly lower administrative burden, although it must still provide accurate volume data to the organisation.

Sanctions for Non-Compliance

The ERA has extensive powers to enforce compliance and impose sanctions on businesses that fail to meet their obligations. Minor breaches may result in administrative fines ranging from a few hundred to around twelve hundred euros. More serious violations—such as failing to register, failing to submit reports or significantly underreporting data over multiple years—can exceed sixty thousand euros.

In addition to financial penalties, the ERA may issue an order requiring the business to bring its operations into compliance within a specified timeframe. In extreme situations, where a company persistently avoids fulfilling its obligations, the authority may suspend its authorisation or even prohibit it from operating in Malta.

Why Reporting Matters

For small e-commerce businesses, reporting may seem like just another document to complete, but in reality it is a fundamental demonstration that the company is operating legally. Missing a reporting deadline automatically constitutes a breach of regulations and can lead to significant financial consequences. For this reason, most small businesses choose to work with a PRO, which provides support in reporting and ensures legal security. This allows entrepreneurs to focus on sales while knowing that their environmental obligations are being properly fulfilled.

Where to Find Information and Documentation

Malta’s Legislative Portal

The most reliable source of information on Malta’s EPR system is the official legislative portal, Malta Laws Online, available at legislation.mt. This is where all subsidiary legislation is published, including the regulations governing extended producer responsibility. You can find documents such as S.L. 549.141 (the framework EPR regulations), S.L. 549.43 (packaging), S.L. 549.89 (WEEE), S.L. 549.54 (batteries), as well as more recent rules related to single-use products, such as S.L. 549.149 and S.L. 549.175. It is important to remember that the portal does not always display fully consolidated versions of each act. Original texts and subsequent amendments may appear separately, so businesses should check the date of the latest update and look for the “latest amendments” note to ensure they are reading the current version.

The ERA Portal as a One-Stop Resource

Another essential source of information and tools is the portal operated by the Environment and Resources Authority, which serves as the single entry point for all companies subject to EPR. This is where businesses register, submit declarations and reports, and download required forms—including the simplified “less than 100kgs” document for companies placing small volumes of packaging on the market. The portal is more than a formal submission platform: the ERA also publishes practical guidelines, step-by-step instructions and Q&A sections addressing the most common uncertainties. For businesses operating cross-border, these explanations are extremely valuable and often easier to understand than reading the legislation alone.

Materials and Support from PROs

A third source of information comes from the recovery organisations operating in Malta. GreenPak and Green MT maintain their own online portals, where they outline membership procedures, conditions, fees and reporting rules. For many businesses, these resources serve as a practical complement to the information provided by the ERA. It is important to keep in mind, however, that both organisations focus primarily on packaging. If a company also places electrical equipment or batteries on the market, it must check whether the chosen PRO covers the relevant waste stream or whether a different compliance scheme is required.

EU Regulations and Guidance

It is also worthwhile to consult documents issued at the EU level, as they form the foundation of national regulations and help clarify where the law is heading. This includes European Commission guidance on the SUP Directive, Regulation (EU) 2023/1542 on batteries and broader circular-economy materials. In many cases, EU regulations apply directly and shape upcoming changes in Maltese law. For internationally operating businesses, monitoring EU-level sources not only deepens understanding but also enables early preparation for new requirements.

Summary

Key Obligations for Businesses

Malta’s EPR system applies to all companies that place packaging, electrical equipment, batteries or other regulated products on the Maltese market. Every such entity must register through the Environment and Resources Authority portal, keep accurate records of the quantities it introduces and submit regular reports. These duties may be fulfilled independently under a self-compliance model, although in practice most businesses choose to work with a recovery organisation that manages collection, recycling and reporting on their behalf. Even the smallest companies placing less than 100 kilograms of packaging annually must still register, though a simplified form is available.

Understanding Malta’s Administrative Specifics

While Malta’s EPR framework is built on EU-wide principles, its administrative structure is local and distinct. The ERA portal serves as the central platform for registration and reporting, and Maltese legislation defines its own thresholds, reporting deadlines and requirements for authorised representatives in cross-border sales. These local details shape how businesses must approach compliance, particularly when selling via distance commerce to consumers in Malta.

Why PROs and Advisors Are Worth Considering

For small e-commerce businesses entering the Maltese market, the safest and most efficient option is often to work with a recovery organisation or an environmental compliance advisor. This approach helps avoid registration errors, reporting gaps and misunderstandings about obligations, while providing reassurance that all duties are being met correctly. Considering that non-compliance penalties can reach tens of thousands of euros—and may, in severe cases, result in restrictions on operating in Malta—investing in expert support becomes a practical and strategic way to protect your business.