Corporate

Beverage Container Refund Scheme Participation

BCRS Malta Ltd. was incorporated by the Malta Beverage Producers Association, the Malta Beverage Importers Association and the Malta Beverage Retailers Association with the obligation, amongst others, to assume the collective extended producer responsibility on behalf of producers and retailers of single use beverage containers.

Producers, Importers, Retailers and Catering Undertakings making available on the market any non-refillable beverage container shall register with BCRS Malta Ltd., including all the details that it may require, for the successful operation of the beverage container refund scheme as per S.L 549.134

Prior to proceeding with Scheme Registration through the dedicated Corporate Portal, prospective participants are advised to read and be guided by the Scheme Participation Conditions hereunder.

Catering Undertaking Participation Conditions

Participation Conditions

Who are we?

BCRS Malta Ltd. was incorporated by the Malta Beverage Producers Association, the Malta Beverage Importers Association and the Malta Beverage Retailers Association with the obligation, amongst others, to assume the collective extended producer responsibility on behalf of producers, importers and retailers of single use beverage containers and take the necessary  measures to achieve beverage container collection targets in terms of the Beverage Containers Recycling Regulations 2020 – LN 311/2020 (‘’the Regulations’’).

BCRS Malta Ltd. was granted a license by Circular Economy Malta (CEMalta) to establish and operate the national beverage container refund system and take responsibility of all collected single use beverage containers.

As mandated by the Regulations, Producers, Importers, Distributors, Retailers and Catering Undertakings making available, or intending to make available, on the market any beverage container shall register with BCRS Malta Ltd., by providing BCRS Malta Ltd. all the details that it may require, for the successful operation of the beverage container refund scheme.

Scope of Beverage Container Refund Scheme

Only non-refillable beverage containers fall within the Scheme as operated by BCRS Malta Ltd.

Pursuant to Regulation 2, and as detailed in the First Schedule of the Regulations, the beverages falling within the scope of the beverage container refund scheme (‘’the Scheme’’) are:

  • Water and flavoured water;
  • Non-carbonated soft drinks;
    • Includes drinks with up to 25% fruit content
    • Exception: Aloe Vera drinks are always in scope, even if fruit content is higher
  • Carbonated soft drinks; 
    • Includes drinks with up to 25% fruit content
    • All kombucha products are in scope;
  • Ciders, beers and other malt beverages (any alcohol % level);
  • Ready to drink coffee;
  • Flavoured alcoholic beverages having an alcoholic content level which does not exceed 5%;
  • Dilutables (syrups, concentrates, etc).

Furthermore, pursuant to Regulation 2, and as detailed in the Second Schedule of the Regulations, the beverage container specifications within the scope of the Scheme must be:

  • Made out of:
    1. Steel, or
    2. Aluminium, or
    3. Glass (clear/other), or
    4. Polyethylene terephthalate - PET (clear/light blue/other); and
  • Bottles or cans; and
  • With a capacity of between 0.1 litres and 3 litres

Scheme Participation – Requirements by Participant

  1. Company Registration

1.0 – Catering Undertakings are to register with the scheme through the official portal of BCRS Malta Ltd. according to their Malta Tourism Authority license category for catering establishments.

A yearly company registration fee is to be paid through the BCRS Malta Ltd. portal according to the respective Catering Establishment’s area as indicated here below:

Catering Establishment Area

Fee per Annum (Ex VAT)

  

Larger than 500 sqm

€105

Between 250 sqm and 500 sqm

€52.50

Smaller than 250 sqm

€26.25

N.B. Registration Fees are subject to review by BCRS Malta Ltd. on a yearly basis.

1.1 – If in the opinion of BCRS Malta Ltd. the catering undertaking/establishment does not qualify as a catering undertaking and, or a catering establishment, BCRS Malta Ltd. shall refuse registration as such.

1.2 - Upon completion of company registration, BCRS Malta Ltd. will provide a registration number to each Catering Establishment.

Deadline: Pursuant to Regulation 39 of the Regulations, all Catering Undertakings are to register themselves with the Scheme by 31st November 2021.

Disclaimer - Multiple Registrations

Pursuant to Regulation 13(2) & Regulation 13(3) of the Regulations, when registering in the scheme with BCRS Malta Ltd.:

  • A person who operates in the supply chain in more than one function, shall duly register with BCRS Malta Ltd., for each function as producer and importer, and or distributor and, or retailer and, or catering undertaking as the case may be;
  • A retailer who operates more than one retail establishment shall register each retail establishment; and
  • A catering undertaking who operates more than one catering establishment shall register each catering establishment.

A separate company registration fee for each separate function/establishment registration applies.

 

  1. Participation

2.0 – Catering Undertakings shall report to BCRS Malta Ltd., upon request by BCRS Malta Ltd. and if it is necessary for the proper operation of the Scheme, documentation relating to the invoicing of beverages in beverage containers and any related information, within five (5) working days from receipt of request for information.

  1. Deposit for Single Use Containers

3.0 - Every Single Use Container made available on the market shall be subject to the payment of a deposit of €0.10.

The deposit value shall not be subject to any Value Added Tax (VAT) and shall be indicated separately from the price on all receipts and invoices.

N.B. Should the value of the deposit change, BCRS Malta Ltd. shall be notifying all Scheme members on their registration contact email and also through the official BCRS Malta Ltd. website.

3.1 – Catering undertakings shall pay the deposit value to their predecessor in the supply chain.

3.2 – Catering undertakings shall only re-claim the value of the deposit from the consumer where the consumer removes the beverage container away from the catering establishment.

3.3 – Catering undertakings shall not charge the amount of the deposit to the consumer who consumes the beverage at the catering establishment and leaves the beverage container at the catering establishment.

3.4 – Pursuant to articles 3.2 and 3.3, the applicant is to inform BCRS Malta Ltd., through their company registration process, whether the majority of his beverage sales business is carried out as ‘consumed on premises’ or ‘take-away’. This information is required for data collection purposes.

3.5 – Further to article 3.3, the catering undertaking shall only be entitled to claim the value of the deposit from BCRS Malta Ltd., subject to the conditions here below:

               3.5.1. – No Refund shall be due if:

(a) the barcode, or specific markings, if any, of the empty beverage container is not duly registered with BCRS Malta Ltd.; or

(b) the barcode, or, if any, the specific markings of the beverage container or deposit logo is damaged to an extent that the refund for the empty beverage container cannot be processed; or

(c) the beverage container is damaged to an extent that refund for the empty beverage container cannot be processed; or

(d) the empty beverage container contains or is otherwise contaminated by a substance other than residue of the beverage or ordinary dust; or

(e) more than twenty-four (24) months have passed since the beverage container was acquired by the consumer.

3.6 – Pursuant to article 3.3, BCRS Malta Ltd. shall refund Catering Undertakings the value of the deposit subject to the terms of payment here below:

Credit Term

Reporting Frequency

120-dayMonthly

30-day
(Only for establishments with not more than 100 seats, and by application to be approved by BCRS).

Monthly

4             Beverage Container Returns

4.0 – Catering undertakings are obliged to gather single use beverage containers consumed at catering establishments.

4.1 - Collections of beverage containers by Catering undertakings, shall be carried out either manually or through the provision of a Reverse Vending Machine (RVM), which RVM is to be handled by the Catering undertaking according to the criteria set in these terms and conditions and an eventual RVM hosting contract.

4.2 – Catering undertakings shall return the used beverage containers consumed at catering establishments to BCRS Malta Ltd. according to instructions issued on the beverage container collection service, in line with the provisions of Section 5 below.

4.3 – BCRS Malta Ltd. shall decide, on the basis of objective and non-discriminatory criteria, which system for return of single use containers shall be used by a Catering undertaking and whether an RVM shall be provided to a Catering undertaking.

4.6 – Any Catering undertaking hosting an RVM shall enter into a separate RVM hosting agreement with BCRS Malta Ltd.

4.7 - Empty single use containers in possession of catering undertakings are the property of BCRS Malta Ltd.

4.8 – Where a Catering undertaking does not have an RVM on the premises, the catering undertaking can request BCRS Malta Ltd. to be associated with a multiple stores RVM which is placed in a public area close to the catering establishment.

Collection and Transportation to Clearing Centre

5.0 - BCRS Malta Ltd. shall be responsible for making arrangements for the gathering and delivery of single used containers from catering undertakings to the clearing centre.

5.1 – Empty beverage containers shall be gathered in appropriate bags provided by BCRS Malta Ltd. Bags pertaining to a particular Catering Undertaking shall be identified by tags and counting of beverage containers shall be carried out by BCRS Malta Ltd. at the clearing centre. The count of BCRS Malta Ltd. shall be final.

N.B. Any rejects sent to BCRS through manual collection carry a charge of €0.10c per reject item.

5.2 - Where the Catering undertaking hosts an RVM, empty beverage containers shall be collected by BCRS Malta Ltd., where the counting of returned beverage containers shall be carried out by the BCRS Malta Ltd.’s RVM itself. The count of BCRS Malta Ltd. shall be final.

5.3 – BCRS Malta Ltd. will charge Catering undertakings for the collection and transportation service of beverage container returns to the clearing centre at the going market rates.

Transactions and Representation

All official transactions, including registration, reporting, fee and deposit payments are to be conducted directly with BCRS Malta Ltd.

Conclusion

The Participants shall comply with the Scheme participation conditions as laid down by BCRS Malta Ltd. from time to time.

The Scheme Participant shall ensure that the details registered with BCRS Malta Ltd. are correct at all times and provided through the official BCRS Malta Ltd. portal through the standard registration/reporting processes.

Where a Catering Undertaking intends to stop its operations in the market for beverages, it shall inform BCRS Malta Ltd. in writing.

Scheme Participants are reminded that they are bound by the provisions of the Beverage Containers Recycling Regulations.

BCRS Malta Ltd. is empowered by the Beverage Containers Recycling Regulations to report any market participant and, or scheme participant to the respective authorities in the event that the said market participation or scheme participant is not complying with the provisions of the aforementioned Regulations.

Should there be any changes to these participation conditions, BCRS Malta Ltd. will update the Participation page in the BCRS Malta Ltd. official website accordingly. It is therefore in the interest of scheme members to check the Participation page any time they access the portal, to keep abreast with any changes which may occur from time to time. Further, if any of the aforementioned changes are of a material nature, an email notification shall also be sent to all participants.

Frequently Asked Questions

The Beverage Container Refund Scheme and the related Deposit Refunds commence on the 1st of April 2022.