S.L. 549.43 Art. 24Authorisation to operate a packaging waste recovery organisation.

(1)Without prejudice to the Waste Regulations, persons who intend to operate a packaging waste recovery organisation as required under these regulations, including the collection, sorting, storage, export, recovery and recycling of packaging waste, on behalf of producers, shall require and obtain a valid authorisation from the competent authority.

(2) An application for an authorisation under sub-regulation (1)

shall:

(a) be made in writing;

(b) contain the information set out in Part A of Schedule 10;

(c) be signed by any of the authorised signatories referred to in Schedule 13;

(d) be accompanied by a non-refundable fee of five hundred euro (€500); and

(e) be accompanied by a work plan providing the information referred to in Part B of Schedule 10 and to the satisfaction of the competent authority.".

(3) The competent authority may specify the format in which the work plan referred to in sub-regulation (2) is to be made available.

(4) An authorisation to operate a packaging waste recovery organisation shall be processed in accordance with the Act. An authorisation granted by the competent authority shall be subject to conditions included in the authorisation, inter alia, the requirement that the services offered by an authorised packaging waste recovery organisation shall be:

(i) open to the participation of all producers under non-discriminatory conditions and such participation shall not be refused or revoked without reasonable justification; and

(ii) designed so as to avoid any barriers to trade or distortions of competition in conformity with the relevant regulations.

(5) An authorisation granted by the competent authority under these regulations shall be valid for a period of time determined in the authorisation itself.

(6) Where it appears to the competent authority that an authorised packaging waste recovery organisation is in breach of any conditions of its authorisation, or that relevant packaging waste recovery and recycling targets, including material specific recycling targets, have not been or are not being met, the competent authority may by a decision revoke or modify an authorisation granted under this regulation. Where the competent authority proposes to revoke or modify an authorisation granted under this regulation, the competent authority shall give notice in writing to the authorised packaging waste recovery organisation of the proposed decision and the reasons thereof.

(7) Where an authorisation granted under sub-regulation (4) is due to expire, an authorised packaging waste recovery organisation that wants to continue to operate as an authorised packaging waste recovery organisation shall, not later than three (3) months before the expiry of the authorisation:

(a) make an application to the competent authority to renew the authorisation granted under sub-regulation (4);

(b) provide to the competent authority a revised version of the work plan for the operation of the producer responsibility organisation that complies with Part B of Schedule 10, signed by any of the authorised signatories referred to in Schedule 13.

(8) The renewal of the authorisation to operate a packaging waste recovery organisation shall be approved where the competent authority is satisfied as to the contents of the revised version of the work plan provided as required by sub-regulation (7)(b).

(9) A packaging waste recovery organisation that has been granted an authorisation according to sub-regulation (4) and (8) is to be charged a fee as prescribed in Schedule 11. (10) Repealed by Legal Notice 369 of 2022.