S.L. 549.134 Art. 11Conditions for participation in the Scheme. 

(1) The operator shall be entitled to establish conditions for registration and participation in the Scheme by producers, distributors, retailers and catering undertakings. In so doing, the operator shall ensure that any condition for participation in the Scheme is objective, non-discriminatory, fair and reasonable.

(2) The operator shall submit to the Agency any conditions for registration and participation in the Scheme referred to in sub-regulation (1), or any changes thereto, for the Agency’s approval before implementing them, provided that if no reply is received from the Agency within thirty (30) days of submission, the conditions so submitted shall be deemed to be approved by the Agency.

(3) The Agency may request the operator that a condition established in terms of sub-regulations (1) and (2) be amended, provided that before requesting the operator to change any conditions as aforesaid, the Agency shall write to the operator informing it of its objections to any condition so imposed, and grant the operator a period of not less than thirty days as the Agency may deem appropriate in the circumstances during which the operator may make its submissions to the Agency or enter into discussion with the Agency as the case may be.

(4) The provisions of sub-regulations (2) and (3) shall not be applicable to the registration fees imposed pursuant to sub-regulations

(3) and (5) of regulation 13, or to the administration fee imposed pursuant to sub-regulation (4) of regulation 13 and sub-regulation (1) of regulation 17 or to the handling fee imposed pursuant to sub-regulation (3) of regulation 18.

(5) The operator shall facilitate the provision of placement data to the Agency in a pre-agreed format on a monthly basis for the purposes of compliance verification and validation.