The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

[F1 Withdrawal of approval of a scheme E+W+S

13C.— (1) The appropriate Agency may withdraw approval of a scheme where it appears to it that—

(a) the operator of the scheme is in breach of any of the conditions referred to in regulation 13A(1) or (2); or

(b) the operator knowingly or recklessly supplied false information in connection with the application for registration, or in connection with compliance with the conditions referred to in regulation 13A(1) or (2).

(2) The appropriate Agency shall cancel any registration of a scheme under regulation 14 if it withdraws approval of the scheme and such cancellation shall take effect on the date on which the withdrawal of approval takes effect.

(3) Before the withdrawal of approval, the appropriate Agency shall serve on the operator of the scheme written notice of—

(a) its decision under paragraph (1) to withdraw approval;

(b) the reasons for the decision;

(c) the right of appeal under regulation 27(2)(b) and (c); and

(d) the date on which the withdrawal takes effect, not being earlier than the expiration of the time-limit for an appeal against the notice provided for in paragraph 2 of Schedule 6.

(4) Where an application under regulation 13(3)(a) or (b) is not received by the due date, the appropriate Agency may decide to withdraw approval of the scheme and, if such a decision is taken, shall serve on the operator of the scheme written notice of—

(a) the decision to withdraw approval of the scheme;

(b) the reasons for the decision; and

(c) the date on which the withdrawal takes effect, not being earlier than 28 days from the date of the notice.

(5) Where an application under regulation 13(3)(c) or (d) is not received by the due date, the appropriate Agency shall serve written notice on the operator of the withdrawal of approval of the scheme, which shall take effect from the date of the notice.

(6) The appropriate Agency shall consider any representations made by the operator of a scheme before the notice under paragraph (4) takes effect, and may withdraw the notice under paragraph (4) at any time.

(7) An operator of a scheme in relation to which approval is withdrawn under this regulation shall, within 14 days of the withdrawal taking effect, serve on each scheme member written notice containing the following information—

(a) a statement that approval of the scheme has been withdrawn and the date when the withdrawal takes effect;

(b) the reasons for the withdrawal; and

(c) the obligation of a producer under regulation 6.]

Textual Amendments

F1 Regs. 13A-13C inserted (24.2.2016) by The Producer Responsibility Obligations (Packaging Waste) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/241), regs. 1(b), 8 (with reg. 23(2)(3))