S.L. 549.134 Art. 13Registration. 

(1) Producers, distributors, retailers and catering undertakings making available, or intending to make available, on the market any beverage container shall register with the licensed operator and shall register any such beverage container by providing the licensed operator with all the details that it may require for the purposes of the operation of the Scheme from time to time including but not limited to:

(a) details of the producer, distributor, retailer or catering undertaking as applicable; and

(b) in the case of a producer, the barcode and any other pertinent details for each beverage container placed or being placed on the market, and any specific markings intended for the purposes of identification of the beverage container, as well as an indication of whether the deposit logo referred to in regulation 17 will be affixed to the beverage container:

Provided that if a person seeks registration as a catering undertaking, that person must show to the satisfaction of the operator that beverages are consumed on the premises operated by that person. If in the opinion of the operator the person does not qualify as a catering undertaking and, or a catering establishment, the operator shall have the authority to refuse registration as such:

Provided further that in the case of refusal of registration as a catering undertaking as aforesaid, the person may submit the matter to the Agency. The Agency shall immediately request the operator to give its reasons for refusing to register the person as a catering undertaking within a time period specified by the Agency, which shall in no case be less than two (2) working days or more than five (5) working days. The Agency shall decide the matter within thirty (30) days of submission of the request as aforesaid. The Agency shall notify the person submitting the request and the operator of its decision.

(2) When registering with the licensed operator in terms of sub-regulation (1):

(a) a person who operates in the supply chain in more than one function, shall duly register with the operator for each function as producer and, or distributor and, or retailer and, or catering undertaking as the case may be;

(b) a retailer who operates more than one retail establishment shall register each retail establishment; and

(c) a catering undertaking who operates more than one catering establishment shall register each catering establishment.

(3) Producers, distributors, retailers and catering undertakings shall pay the operator registration fees as the operator may, subject to the provisions of sub-regulation (1) of regulation 11, establish from time to time. The operator shall be entitled to charge a registration fee for the registration of the producer, distributor, retailer and catering undertaking in each function registered, for every retail establishment and every catering establishment registered, as well as for every barcode registered with the operator.

(4) The operator may charge producers an administration fee in respect of each beverage container placed on the market:

Provided that:

(a) the administration fee which may be charged by the operator shall be calculated in the manner adopted by an economic model known as the Administrative Fee Adjustment Model, that shall be established by the Agency in consultation with the operator;

(b) prior to requesting any changes to the administration, the operator shall present to the Agency a report, which report shall contain the parameters established in the economic model that are necessary to operate such economic model;

(c) this report shall contain a reasoned justification for each parameter;

(d) the report shall be prepared by an independent, impartial and duly qualified entity possessing the requisite experience, which entity shall be nominated by the operator and shall be subject to the written approval of the Agency;

(e) the operator shall notify the Agency of its intention to enact any changes in the administration fees by granting the Agency a notice period of at least ninety (90) days;

(f) the ninety (90) day notice period shall commence upon the official submission of the said report to the Agency;

(g) the operator shall not request any adjustment to the administration fee for a period of two (2) years following the date of the previous adjustment;

(h) notwithstanding paragraph (g), the operator shall be entitled to request a revision of the administrative fee charged in accordance with the economic model prior to the expiry of such two (2) year period where the market experiences a substantial and long-term variation, including but not limited to variations caused by that has a direct force majeure, impact on the costs of administering the Scheme.

(5) In the event that the shape, material, volume or type of a beverage container which is registered in terms of regulation 13 is altered, the producer shall inform the licensed operator of such alteration before placing the beverage in the altered beverage container on the market even if the barcode for the beverage remains the same, and the producer shall provide the operator with all the details it may require and pay the operator any fee set by the operator from time to time.

(6) Without prejudice to the provisions of sub-regulation (7), the producer, distributor, retailer or catering undertaking registered with the licensed operator in terms of this regulation shall ensure that the details registered with the operator are correct at all times.

(7) Where a producer registered with the licensed operator subsequently obtains an exemption from participating in the Scheme in terms of regulation 19, the producer shall inform the operator accordingly and the licensed operator shall de-register the producer, the barcodes and the relative beverage containers.

(8) Where a producer, distributor, retailer or catering undertaking intends to stop its operations in the market for beverages, or where a producer intends to stop placing on the market particular beverages, it shall inform the licensed operator accordingly.

(9) Any producers, distributors, retailers or catering undertakings placing and, or making available on the market beverages sold in beverage containers that fail to comply with the provisions of this regulation shall be guilty of an offence against these regulations.