S.L. 549.134 Art. 4Application for a licence. 

(1) Any application for the grant of a licence shall be made to the Agency and shall contain such information, documents and other material as provided in these regulations.

(2) The Agency shall issue a licence to a non-governmental organisation to operate the Scheme across the whole territory without limiting those areas to those where the collection is most profitable:

Provided that the organisation is a legal person whose shareholders if a company, its partners if a partnership, its members if an association, or its founders if a foundation, are, whether directly or indirectly, producers, and retailers, and where the said shareholders, partners, members or founders, as the case may be, represent, directly or indirectly, as a minimum, those producers that place on the market and those retailers that make available on the market the majority of single use beverage containers.

2a. The operator shall ensure that RVMs are placed throughout the whole territory following consultation with the Agency:

Provided that the Agency may also establish locations where RVMs shall be placed at its discretion, subject to objective criteria and the operator shall endeavour to install such RVMs as required.

(3) In the absence of there being an organisation pursuant to sub-regulation (2), the Agency shall exercise all such powers as may be necessary or expedient, for the purposes of implementing the Scheme under the provisions of these regulations, to select and issue a licence to an alternative operator through a competitive bid.

(4) The licence shall provide the operator with the right, and impose the concomitant obligation, to operate the Scheme, as provided for in an agreement to be entered into between the Agency and the operator:

Provided that nothing contained in the licence agreement shall be contrary to these regulations.

(5) Nothing in this regulation shall be interpreted as exempting the operator from complying with the requirements of any law.