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

97 Determination of accreditation applications

(1) An application by a reprocessor or exporter for an accreditation under this Chapter— (a) must be granted where the appropriate agency approves RE’s sampling and inspection plan and is satisfied as to the matters set out in paragraph (2), and (b) in any other case, must be refused. (2) The matters referred to in paragraph (1)(a) are— (a) that the application has been made in accordance with— (i) regulation 94 or 95, as applicable; and (ii) regulation 96; (b) that any charges payable in relation to the application have been paid; (c) that RE— (i) has a registration that corresponds to the accreditation RE has applied for; and (ii) is a fit and proper person to be granted an accreditation; (d) the contents of RE’s business plan; (e) where the application is made by an exporter for an accreditation and relates to one or more overseas reprocessing sites, that any recycling operations taking place on each such site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom. (3) The appropriate agency must, within 12 weeks of the day on which it has received an application which complies with paragraph (2)(a) and (b)— (a) determine the application; and (b) serve on the applicant notice in writing of its decision. (4) Where the decision is to grant an accreditation to a reprocessor, the decision notice must state— (a) the category of packaging waste and the reprocessing site in relation to which the accreditation is granted; (b) the tonnage band for which the reprocessor is accredited to issue PRNs; and (c) if applicable, any special conditions subject to which the accreditation is granted. (5) Where the decision is to grant an accreditation to an exporter, the decision notice must state— (a) the category of packaging waste in relation to which the accreditation is granted; (b) the tonnage band for which the exporter is accredited to issue PERNs; (c) except where the application was made without specifying any overseas reprocessing sites, the overseas reprocessing site or sites in relation to which accreditation is granted; and (d) if applicable, any special conditions subject to which the accreditation is granted. (6) If the decision is to refuse an accreditation, or to grant an accreditation subject to any special conditions, the decision notice must include the reasons for the decision and, where applicable, a statement of the right of appeal under regulation 104(3)(c) or (d). (7) Subject to paragraph (8) and to regulation 100, where an accreditation is granted it is to 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 is made before that date; and (ii) in all other cases, from the date of the decision, and it remains in force until the end of the calendar year for which the person has applied for the accreditation; (b) where the application is made during the year in which the person wishes to be accredited, from the date of the decision, and it remains in force until the end of that calendar year. (8) Where an exporter has not identified in their application for accreditation the overseas reprocessing sites to which the exporter wishes to export packaging waste for recycling, their accreditation does not take effect until one or more overseas reprocessing sites have been added to the accreditation on an application under regulation 99(3). (9) In this regulation, a “special condition” means a condition of an accreditation specified by the appropriate agency, which is to apply in addition to the conditions referred to in regulation 98(b)(i) and (ii).