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.

Retailer 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;
  • Carbonated soft drinks;
  • Ciders, beers and other malt beverages;
  • Ready to drink coffee;
  • Flavoured alcoholic beverages having an alcoholic content level which does not exceed 5%;
  • Dilutables.

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 - Retailers are to register with the scheme through the official portal of BCRS Malta Ltd.

A yearly company registration fee is to be paid through the BCRS Malta Ltd. portal according to the outlet’s Retail Space Area as indicated here below:

Retail Space Area

Fee per Annum (Ex VAT)

  

Larger than 500 sqm

€100

Between 250 sqm and 500 sqm

€50

Smaller than 250 sqm

€25

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

               1.0.1 – Subject that, Hawkers[1] shall also pay a yearly company registration fee through the BCRS Malta Ltd. portal according to the here referenced Company Registration fee schedule.

               1.0.2 – Subject that, Vending Machine Operators shall also pay a yearly company registration fee through the BCRS Malta Ltd. portal according to the here referenced Company Registration fee schedule.

1.1 - Upon completion of company registration, BCRS Malta Ltd. will provide a registration number to each Retailer.

Deadline: Pursuant to Regulation 39 of the Regulations, all Retailers 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 – Retailers shall report to BCRS Malta Ltd., upon request by BCRS Malta Ltd. and if necessary for the proper operation of the Scheme, documentation relating to 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). The Retailer shall indicate payment for the deposit 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 - Retailers shall pay the deposit value to their predecessor in the supply chain.

3.2 - Retailers shall re-claim the value of the deposit from the consumer, who shall be entitled to claim the value of the deposit back from a redemption location against a purchase at the Retailer with the value of the deposit being deducted from their bill.

Redemption Locations

BCRS Malta Ltd. will establish redemption locations around Malta for:

  • the collection of beverage containers from consumers, and
  • processing of the deposit refund to consumers who return a single use container upon which a deposit has been paid.

Retail establishments will serve as redemption locations for these purposes.

4             Beverage Container Returns

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

4.1 - Upon Return to a redemption location, single use containers shall become the property of BCRS Malta Ltd.

4.2 – Upon return of a single use container at a redemption location, the consumer shall be entitled to a refund of the deposit that had been paid, even if the relative beverage had not been sold by that retail establishment, subject to the conditions here below:

               4.2.1. – 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.

4.2.2 – Provided that where the retailer operates a manual redemption system for the return of beverage containers, the retailer shall not be obliged to accept the return of beverage containers where the barcode indicated on the beverage container is not the same as the barcode of beverages sold by that retailer.

4.2.3 – Redemption locations who operate a manual system for the return of beverage containers shall not be obliged to accept returns of beverage containers by consumers or other persons which exceed (50) beverage containers at any one time.

4.3 – Every Retailer operating as a redemption location shall be obliged to affix a deposit scheme informative sign within its premises, which sign shall be provided by BCRS Malta Ltd.

4.4 - BCRS Malta Ltd. shall refund the Retailers providing redemption locations the value of the deposits refunded by them on the return of single use containers by consumers, subject to the terms of payment here below:

Credit Term

Reporting Frequency

  

90-day

Monthly

4.5 – Pursuant to Regulation 18(2) of the Regulations, 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 retail establishment, and whether an RVM shall be provided to a retail establishment.

4.6 – Any retailer hosting an RVM shall enter into a separate RVM hosting agreement with BCRS Malta Ltd. The service of the RVM to the public has to be operational at least between 0800hrs and 1900hrs, from Monday to Saturday.

4.7 - Retailers shall be paid a Handling Fee by BCRS Malta Ltd. on the basis of type of system used for return of beverage containers as described here below:

Return Point

Handling fee per Container

(Ex VAT)

  

RVMs – first 400,000 beverage containers

€0.01*

RVMs – additional containers

€0.008

Retail – manual system

€0.02

*Subject to a minimum of 4000 (revisable annually)

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

4.7.1 – Payment of Handling Fees by BCRS Malta Ltd. to Retailers will be carried out according to the Payment Terms below:

Return Point

Payment Terms

Reporting Frequency

   

RVMs – first 400,000 beverage containers

90-day credit

Quarterly

RVMs – additional containers

90-day credit

Quarterly

Retail – manual system

30-day credit

Monthly

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 retail establishments operating as redemption locations to the clearing centre.

5.1 – Where the retailer operates a manual system, empty beverage containers shall be gathered in appropriate bags provided by BCRS Malta Ltd. Bags pertaining to a particular redemption location 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.

5.2 – Where the retailer 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.

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 Retailer 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.

[1] “Hawkers” includes individuals and companies that sell by retail from a vehicle or from any allocated site whether from any street , or within the precincts of an open-air market or otherwise.

 
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Frequently Asked Questions

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