The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

48 Conditions of approval of a compliance scheme

(1) Approval of a compliance scheme under regulation 47 is subject to the following conditions— (a) the scheme operator complies with the obligations set out in regulation 43; (b) the scheme operator takes reasonable steps to ensure that any information provided to it by scheme members which the scheme operator provides to the appropriate agency, or uses for a purpose referred to in regulation 45(2), is as accurate as reasonably possible; (c) the scheme operator acquires PRNs or PERNs in a manner which least hinders the ability of any large producer or any other scheme operator to acquire PRNs or PERNs; (d) the scheme operator provides any information reasonably requested by the appropriate agency for the purposes of monitoring compliance pursuant to regulation 109(1)(b); (e) in relation to any year in which the compliance scheme is registered under regulation 51, the scheme operator complies with the conditions in regulation 53(c) and (d); (f) where the scheme operator proposes to make any material change to the operational plan approved by the appropriate agency under regulation 47(4)(c) or 52(1)(d), the scheme operator— (i) must submit a revised operational plan to the appropriate agency for approval; and (ii) may not implement the change before the revised operational plan has been approved; (g) where the scheme operator is a partnership, it notifies the appropriate agency in writing of any change proposed to the partners at least 12 weeks before the day on which the change will take effect or, if later, within 28 days of the scheme operator becoming aware that the change will take effect or has taken effect; (h) the scheme operator provides records and returns to the appropriate agency as required by regulation 55; (i) the scheme operator informs the appropriate agency as soon as reasonably practicable if the scheme operator becomes aware that any of the insolvency events in Schedule 2 has taken place or is about to take place in relation to it. (2) Where the approval of a compliance scheme has ceased to be valid under regulation 47(6) and the scheme operator has made a further application for approval of the scheme under regulation 47(7), the appropriate agency may, if it grants the application, make approval of the scheme subject to any of the following additional conditions in relation to any year in which the scheme is registered under regulation 51, namely that the scheme operator— (a) complies with 50% of its total recycling obligations before 30th June; (b) complies with 75% of its total recycling obligations before 30th September; (c) makes returns to the appropriate agency of information demonstrating compliance with the conditions set out at sub-paragraphs (a) and (b) on or before 15th July and 15th October respectively; (d) does not accept any new members into the scheme. (3) Any additional conditions imposed under paragraph (2) cease to apply at the beginning of the year following the approval year if the appropriate agency is satisfied that in the approval year the scheme operator complied with— (a) the obligations under regulation 43(3); and (b) the additional conditions. (4) If additional conditions imposed under paragraph (2) cease to apply by virtue of paragraph (3), the appropriate agency must serve written notice of the cessation on the scheme operator within 28 days of the date on which the appropriate agency is satisfied in accordance with paragraph (3). (5) In paragraph (3), “approval year” means the year for which approval was granted on an application under regulation 47(7).