Forty companies participating in the GreenPak Scheme for the recovery of packaging waste yesterday filed a judicial protest against Resources Minister George Pullicino and Finance Minister Tonio Fenech.

The companies are contending that since the publication of Legal Notice 74/08 in February 2008, they have been denied the rights granted to them under these regulations to be exempt of payment of eco-contributions. Legal Notice 74/08 provides exemptions to companies that are participating in a waste recovery scheme. The GreenPak Scheme as operated by Green Dot Malta Limited is such a waste recovery scheme and the only one authorised by Mepa. As members of the scheme, these companies contend that they are exempt from paying any eco-contributions.

The eco-contribution exemption regulations came into effect on 15 February, 2008 and have been further enhanced in 1 July, 2009. Under those regulations producers could apply for exemption on a form issued by an approving authority. But, the judicial protest said, the mechanism under which producers could apply for exemption has not been set up yet and, moreover, the application forms are not available, meaning that those who could apply are being denied exemption rights granted to them by law.

Companies have recently been asked to pay an eco-contribution which in fact in law they are exempt from paying. The payment must be made because of penalties contemplated by law, with the companies in the protest pointing out that they have for the last two-and-a-half years been denied their legitimate rights, creating a serious prejudice to them and forcing considerable costs on them, for which the ministers are fully responsible.

The judicial protest, filed by Dr Albert Grech, calls on the ministers to observe the provisions of the legal notices so that companies can obtain the exemption allowed to them by law, and holds the government responsible for all damages caused and which may be caused through its abusive and illegal behaviour.