S.L. 549.43 Art. 22Information and reporting.

(1) An application for registration by producers shall contain the information set out in Part A of Schedule 5 and that for renewal shall contain at least the reporting information set out in

Part B of Schedule 5.

Furthermore, self-compliant producers shall not later than one (1) month of submitting an application for registration prepare a three-year implementation plan specifying the steps to be taken by the said producer in order to comply with the requirements of these regulations, including the steps which the producer intends to take to prevent or minimise packaging waste.

Where the three-year implementation plan expires, a self-compliant producer shall not later than one (1) month of submitting an application for renewal provide to the competent authority a revised version of the three-year implementation work plan.

The competent authority shall specify the format in which such information is to be made available and shall issue guidance concerning the presentation, structure and content of the three-year implementation plan.

(2) In the case the data submitted by the producer in accordance with Schedule 5 changes, the said producer shall inform the competent authority thereof no later than one month after the change.

(3) The information referred to in sub-regulation (1) shall be provided either online or in writing and shall be signed by any of the authorised signatories referred to in Schedule 13.

(4) It shall be the responsibility of a registered producer to retain for a minimum of five (5) years the information referred to in sub-regulation (1). Such records shall be made available on request to the competent authority.

(5) Where a producer fails or refuses to supply a complete application within one (1) month of the date of a request by the competent authority for a completed application, the competent authority shall refuse and return such incomplete application to the producer.

(6) Without prejudice to commercial and industrial confidentiality, the information referred to in sub-regulation (1) shall be made available in accordance with the Freedom of Access to information on the Environment Regulations.

(7) A self-compliant producer shall use the services of an independent auditor, approved by the competent authority, to certify that all of the information reported to the competent authority is in conformity with the obligations of these regulations. Furthermore, the self-compliant producer shall ensure that a sound auditing procedure for traceability, monitoring and control is put into place for all the reusable packaging re-used and packaging waste managed.

A self-compliant producer is exempt from such provision provided that:

The said producer provides evidence of participating in a certified environmental management system(s) in accordance with international or European Union standards.

And further provided he fulfils any requirements that the competent authority may introduce in relation to such exemption.

(8) Self-compliant producers shall submit the audit report referred to in sub-regulation (7) upon applying to renew their registration according to 21(2) together with the information referred to in sub-regulation (1).

(9) A self-compliant producer shall submit to the competent authority a statement of compliance in respect of his recovery and recycling obligations in accordance with regulation 8, upon applying to renew his registration according to regulation 21(2).

The provisions of Schedule 12 shall apply as regards the information to be contained in a statement of compliance. Furthermore, the statement of compliance shall be issued and signed by any of the authorised signatories referred to in Schedule 13.

(10) The producers or third parties acting on their behalf may provide, on a voluntary basis, such further data on packaging and packaging waste as is available. The said data may, include inter alia, data on production, exports and imports of empty packaging and specific sub-fractions of packaging;

(11) The competent authority may take into account the particular problems of small and medium sized enterprises in providing detailed data.