The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

PART V E+W+S ACCREDITATION OF REPROCESSORS AND EXPORTERS

Requirement for accreditation E+W+S

23.—(1) A person shall not issue a PRN unless he is at the time of the issue an accredited reprocessor or, where the PRN is of the type referred to in paragraph (6) of regulation 4 or paragraph (4) of regulation 12 was accredited at the time the material was received, and the PRN relates to packaging waste received by him for reprocessing on the reprocessing site for which he is accredited.

(2) A person shall not issue a PERN unless he is at the time of the issue an accredited exporter or, where the PERN is of the type referred to in paragraph (6) of regulation 4 or paragraph (4) of regulation 12 was accredited at the time the material was received, and the PERN relates to [F1 an export of packaging waste for reprocessing] for which he is accredited under regulation 24.

Textual Amendments

F1 Words in reg. 23(2) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 3

Application for accreditation E+W+S

24.—(1) An application for accreditation shall be made to the appropriate Agency—

(a) in the case of a person wishing to be accredited—

(i) as a reprocessor in respect of each reprocessing site for which he wishes to be accredited and stating which of the applicable [F2 recycling] operations and which recyclable materials he wishes that accreditation to cover; or

[F3 (ii) as an exporter, in respect of the export of one or more recyclable materials for reprocessing outside the United Kingdom;]

(b) on a form made available by the appropriate Agency and including all the information specified on that form, being information which the appropriate Agency reasonably requires in order to determine the application;

[F4 (c) accompanied by a business plan containing information on how the funds acquired from the issue of PRNs or PERNs are to be applied including information in respect of the following matters—

(i) investment in infrastructure and the development of capacity for the collection, sorting, treatment and reprocessing of packaging waste;

(ii) funding provided to other persons involved in the collection of packaging waste;

(iii) reductions in the prices of, and the development of new markets for, materials or goods made from recycled packaging waste;

(iv) the costs of complying with obligations in these Regulations;

(v) funds retained for future investment;

(vi) the development of a communications strategy for consumers of packaging made from recyclable materials; and]

(d) accompanied by a fee of—

(i) in the case of an applicant who undertakes to issue PRNs or PERNs for not more than 400 tonnes of packaging waste in the year to which the application relates, £505; or

(ii) in any other case, £2616.

(2) An application for accreditation as—

(a) a reprocessor to issue PRNs for the receipt of one or more specified recyclable materials at a specified reprocessing site and for reprocessing in one or more specified [F5 recycling] operations or a combination of such operations; or

[F6 (b) an exporter, to issue PERNs for the export of one or more specified recyclable materials for reprocessing in one or more [F5 recycling] operations outside the United Kingdom, or a combination of such operations,]

shall be granted where the appropriate Agency is satisfied as to the matters set out in paragraph (3) below or, in any other case, shall be refused.

(3) The matters referred to in paragraph (2) are—

(a) the contents of the business plan referred to in paragraph (1)(c) above;

[F7 (b) where the application is made for accreditation as an exporter and relates to—

(i) one or more reprocessing sites outside the [F8 United Kingdom], that [F9 any recovery or recycling operations taking place in each such site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom] ; or

(ii) one or more reprocessing sites outside the [F10 United Kingdom], but it is not possible for the applicant at the time of the application to specify the site or sites to which the export of one or more specified recyclable materials for reprocessing is taking place, that the requirements [F11 applicable to the shipment of waste from the United Kingdom] are met in respect of each such export;]

(c) that the application has been duly made in accordance with paragraph (1) above; and

(d) the reprocessor or exporter will comply with the conditions specified in or under Schedule 5.

(4) The appropriate Agency shall notify the applicant in writing of its decision under paragraph (2) no later than 12 weeks after the application was made and, if the decision is a decision to refuse accreditation, such notification shall include reasons for the decision and a statement of the right of appeal under regulation 27(3)(a).

(5) Subject to regulation 26, where accreditation is granted under paragraph (2), it shall take effect—

(a) where the application is made in the preceding year to that in which the person wishes to be accredited—

(i) from 1st January where the decision to accredit was made before that date; and

(ii) in all other cases, from the date of the decision,

and shall remain in force until 31st December in the year for which the person has applied to be accredited;

(b) where the application is made during the year in which the person wishes to be accredited, from the date of the decision, and shall remain in force until 31st December in that year.

(6) Where a reprocessor or exporter who has given the undertaking and paid the fee specified in paragraph (1)(d)(i) subsequently breaches that undertaking, he shall from the date of that breach be liable to pay to the appropriate Agency the sum of £2111 (being the balance of the fee which would have been payable under paragraph (1)(d)(ii) had the undertaking not been given) [F12 within 28 days of the breach].

[F13 (7) An application to extend the accreditation of an exporter to include a further reprocessing site or sites to which they want to export packaging waste for reprocessing shall be made to the appropriate Agency on the form specified in paragraph (1) and be accompanied by a fee of—

(a) £85 for the first form submitted as part of the application; and

(b) £35 for each additional form submitted as part of the application.]

F14 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) An application to extend an exporter’s accreditation to include a further reprocessing site or sites located outside the [F15 United Kingdom] shall be granted by the appropriate Agency where it is satisfied that each of those sites meets [F16 requirements that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom] and is satisfied that the application was made in accordance with paragraph (7) above, and in any other case be refused.

Textual Amendments

F2 Word in reg. 24(1)(a)(i) substituted (S.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/387), regs. 1(1), 2(9)(a); (E.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020 (S.I. 2020/1336), regs. 1(1), 2(9)(a); and (W.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1390), regs. 1(1), 2(9)(a)

F3 Reg. 24(1)(a)(ii) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 4(2)

F4 Reg. 24(1)(c) substituted (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 12(a)

F5 Word in reg. 24(2) substituted (S.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2020 (S.S.I. 2020/387), regs. 1(1), 2(9)(b); (E.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020 (S.I. 2020/1336), regs. 1(1), 2(9)(b); and (W.) (1.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020 (S.I. 2020/1390), regs. 1(1), 2(9)(b)

F6 Reg. 24(2)(b) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 4(3)

F7 Reg. 24(3)(b) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 4(4)

F8 Words in reg. 24(3)(b)(i) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(a)(i)(aa) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F9 Words in reg. 24(3)(b)(i) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(a)(i)(bb) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F10 Words in reg. 24(3)(b)(ii) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(a)(ii)(aa) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F11 Words in reg. 24(3)(b)(ii) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(a)(ii)(bb) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F12 Words in reg. 24(6) added (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 12(b)

F13 Reg. 24(7) substituted (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 12(c)

F14 Reg. 24(8) omitted (31.12.2020) by virtue of S.I. 2019/188, reg. 12(4)(b) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F15 Words in reg. 24(9) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(c)(i) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

F16 Words in reg. 24(9) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4)(c)(ii) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(d))

Conditions of accreditation E+W+S

25.  An accredited reprocessor or exporter shall comply with the conditions specified in and under Schedule 5.

Suspension and cancellation of accreditation E+W+S

26.—(1) The appropriate Agency may suspend or cancel the accreditation of a reprocessor or exporter where it appears to it that—

(a) the person who is accredited has failed to comply with any of the conditions specified in or under Schedule 5; or

(b) the person who is accredited has knowingly or recklessly supplied false information in his application for accreditation made under regulation 24 or in connection with compliance with any of the conditions specified in or under Schedule 5.

[F17 (2)  Where the appropriate Agency has granted an accreditation to an exporter, and is no longer satisfied that the requirements in regulation 24(3)(b) or (9), which applied to that grant of accreditation,][F18 are met in relation to the export of one or more specified recyclable materials for reprocessing at one or more reprocessing sites outside the European Community, the appropriate Agency shall cancel the accreditation of an exporter to the extent that it relates to any such export which does not meet those requirements.]

(3) Where the appropriate Agency suspends or cancels an accreditation under paragraph (1) or cancels the accreditation of an exporter [F19 pursuant to] paragraph (2), it shall serve on the reprocessor or exporter concerned written notice of—

(a) its decision to cancel or suspend (as the case may be) the accreditation;

(b) the reasons for the decision;

(c) the right of appeal under Part VI;

(d) the date when the cancellation or suspension will take effect, not being earlier than the date of receipt of the notice; and

(e) in the case of a suspension, the period of the suspension or any steps which are required to be taken in order to bring the suspension to an end.

(4) The accreditation of a reprocessor or exporter shall be deemed to be cancelled—

(a) on the date on which either of the following occurs—

(i) the person who is accredited ceases to be the holder of a relevant authorisation; or

(ii) the person who is accredited ceases to be a reprocessor or exporter; or

(b) in a case where the person who is accredited requests that his accreditation should be cancelled, with effect from the date for cancellation specified by that person.

Textual Amendments

F17 Words in reg. 26(2) substituted (31.12.2020) by S.I. 2019/188, reg. 12(4A) (as inserted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(e))

F18 Reg. 26(2) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 5(2)

F19 Words in reg. 26(3) substituted (19.7.2008) by Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations 2008 (S.I. 2008/1941), regs. 1(1), 5(3)