The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

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.

[F1 (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,][F2 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 [F3 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

F1 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))

F2 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)

F3 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)