S.L. 549.134 Art. 18Redemption locations and RVMs. 

(1) Each retail establishment shall have a system in place for the return of single use containers by consumers and, subject to the provisions of sub-regulation (1) of regulation 16, shall be obliged to accept the said single use containers and to refund the relative deposit even if the relative beverage had not been sold by that retail establishment:

Provided that where a retailer operates a manual system for the return of beverage containers, the retailer shall not be obliged to accept the return of beverage containers where the barcode indicated on the beverage container is not the same as the barcode of beverages sold by that retailer:

Provided further that the licensed operator may, where it deems fit, establish a redemption location to be used by more than one retail establishment, in which case the retailer shall not be obliged to have a redemption location on its premises or a manual system for the return of single use containers:

Provided further that catering undertakings shall be obliged to gather single use containers consumed at catering establishments:

Provided further that retail operators with a licensed 2 footprint smaller than fifty square metres (50m ), shall not be obliged to have a redemption location on its premises.

(2) The operator shall decide, on the basis of objective and non-discriminatory criteria, which system for the return of single use containers shall be used by each retail establishment and whether an RVM shall be provided to the retail establishment. The operator shall ensure the observance of service level parameters as indicated in the licence agreement.

(3) Retailers and, or third party RVM operators shall be paid a handling fee by the licensed operator, as set by the licensed operator on the basis of objective and non-discriminatory criteria taking into account the type of system used for the return of beverage containers, developed by an independent person approved by the Agency. Retailers shall not have a claim for any handling or similar fees for fulfilling their obligations in terms of these regulations, except for any fees due to them as aforesaid.

(4) Retailers who operate a manual system for the return of beverage containers shall not be obliged to accept returns of beverage containers by consumers or other persons which exceed twenty five

(25) beverage containers at any one time.

(5) Any person responsible for gated events where beverages will be sold in single use containers shall have a system in place for the return of single use containers and shall register with the licensed operator giving such details about the event as the licensed operator may require, and the operator shall determine the best method for collection of empty single use containers at the event in question.

(6) The licensed operator shall be responsible for obtaining any necessary licenses, authorisations or permits for the placement and operation of the RVM.

(7) The licensed operator shall make arrangements for the gathering and delivery of single use containers from retail establishments and catering establishments to the clearing centre.

(8) The licensed operator shall place RVMs within the territory for use by any producer, distributor, retailer, catering undertaking or consumer participating in the Scheme.

(9) Without prejudice to the provisions of sub-regulation (8), third party RVM operators may also place RVMs within the territory, subject to the attainment of any necessary permits or authorisations, provided that such RVMs are fully integrated with the system adopted by the operator for the operation of the Scheme.

(10) The third party RVM operator shall, prior to installing and operating an RVM within the territory, inform the operator of his intention in writing, and the operator and the third party operator shall enter into an agreement regarding the operation of the RVMs installed and operated by such third party RVM operators:

Provided that the aforementioned agreement shall specify that the third party RVM operator shall remain responsible for the operation, repair and maintenance of the RVM, as well as for maintaining a high level of cleanliness at the relevant redemption location.

(11) The operator shall maintain an approved list of RVMs that may be purchased, installed and operated by third party RVM operators:

Provided that in the event that a third party RVM operator intends to purchase, install and operate an RVM that is not included in such catalogue, he shall inform the operator in writing and the operator and the third party RVM operator shall enter into discussions to determine whether the said RVM may be included in the catalogue, subject to an approval process fee.

(12) It shall be the responsibility of the third party RVM operator to ensure that such RVMs are fully integrated with the system adopted by the operator for the operation of the Scheme and the operator shall provide all necessary assistance to the third party RVM operator to ensure the successful integration of such RVMs:

Provided that any data generated by RVMs owned and operated by third party RVM operators shall be the property of the operator.

(13) The operator shall provide access to centralised and adequate infrastructure to enable any third party RVM operators to operate within the Scheme.

(14) The licensed operator may charge the third party RVM operator for initial on-boarding costs, as well as yearly licences.

(15) Any person acting in breach of the provisions of this regulation shall be guilty of an offence against these regulations.

(16) Should the requirements in the licence agreement not be fulfilled by the third party RVM operator, the Agency shall formally notify the third party RVM operator in writing without delay, that such failure to fulfil the requirements within the period of time established by the Authority may lead to further action by the Authority, including but not limited to a temporary or permanent disconnection of the third party RVM from the integration system operating the Scheme.