- Latest available (Revised)
- Point in Time (21/03/2016)
- Original (As made)
Version Superseded: 31/12/2020
Point in time view as at 21/03/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, Section 24.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
24.—(1) An application for accreditation shall be made to the Department—
(a)in the case of a person wishing to be accredited—
(i)as a reprocessor in respect of each site for which he wishes to be accredited and stating which of the applicable recovery operations [F1and] which recyclable materials he wishes that accreditation to cover; or
(ii)as an exporter, in respect of the export of one or more recyclable materials for reprocessing at one or more specified reprocessing sites outside the United Kingdom;
(b)on a form made available by the Department and including all the information specified on that form, being information which the Department reasonably requires in order to determine the application;
[F2(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 site and for reprocessing in one or more specified recovery operations or a combination of such operations; or
(b)An exporter, to issue PERNs for the export of one or more specified recyclable materials for reprocessing in one or more recovery operations at a specified reprocessing site or sites outside the United Kingdom, or a combination of such operations,
shall be granted where the Department 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;
(b)where the application is made for accreditation as an exporter and relates to one or more reprocessing sites outside [F3the European Union], that the requirements of Article 6(2) of the Packaging Waste Directive have been met in respect of each site;
(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 and under Schedule 5.
(4) The Department 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 Department the sum of £2,111 (being the balance of the fee which would have been payable under paragraph (1)(d)(ii) had the undertaking not been given) [F4within 28 days of the breach].
[F5(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 Department 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.]
(8) An application to extend an exporters accreditation to include a further reprocessing site or sites located within [F3the European Union] shall be granted by the Department where it is satisfied that the application has been made in accordance with paragraph (7) above, and in any other case be refused.
(9) An application to extend an exporter’s accreditation to include a further reprocessing site or sites located outside [F3the European Union] shall be granted by the Department where it is satisfied that each of those sites meets the requirements of Article 6(2) of the Packaging Waste Directive and is satisfied that the application was made in accordance with paragraph (7) above, and in any other case be refused.
Textual Amendments
F1Word in reg. 24(1)(a)(i) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 13(a)
F2Reg. 24(1)(c) substituted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 13(b)
F3Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10
F4Words in reg. 24(6) inserted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 13(c)
F5Reg. 24(7) substituted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 13(d)
Commencement Information
I1Reg. 24 in operation at 5.4.2007, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: