S.L. 549.134 Art. 7Responsibilitiesof the licensed operator. 

(1) The licensed operator shall also fulfil the following obligations:

(a) it is a legal person whose main object is the operation of the Scheme pursuant to these regulations, and the doing of all such other things as are incidental or conducive to the attainment of such object and the carrying out of other activities as may be authorised by the Agency;

(b) it is run on a not for profit basis, or on a basis where profit is not intended for distribution;

(c) its management is independent and operates at an arms’ length basis from its shareholders, partners, members or founders as the case may be:

Provided that the management and employees shall not share data with the shareholders, partners, members or founders as the case may be which identifies the relationship between specific product barcodes, quantities placed on the market and their respective importer and producer.

(d) it assumes the collective extended producer responsibility on behalf of producers and retailers of single use containers; and

(e) it allows for the participation, whether directly or indirectly, of all producers and retailers in a non-discriminatory manner, regardless of their origin or size, without placing a disproportionate regulatory burden on producers, including small and medium-sized enterprises, of small quantities of products.

(2) It shall be the duty of the operator to notify the Agency forthwith if it no longer complies with any of the requirements of these regulations. Whether the operator so notifies the Agency or not, where the operator no longer complies with any of the requirements listed in these regulations, the Agency shall by notice inform the operator that it no longer complies with the provisions of these regulations and, if the situation is not remedied to the satisfaction of the Agency within a period of three (3) calendar months from the date that notice is given to the operator, the Agency shall be entitled to revoke the licence.

(3) It shall also be the duty of the operator to notify the Agency forthwith of any resolution or intended resolution, or any application or intended application to the court, or any other action, for the dissolution and winding up of the operator as soon as it becomes aware of such resolution or intended resolution, application or intended application or action.

(4) It shall be the duty of the operator to notify all participants in the Scheme in the event that a court makes an order that the operator be wound up or a resolution for a voluntary winding up of the operator is passed, informing the said participants that their extended producer responsibility obligations for the beverage containers registered with the Scheme will not continue to be met by the operator.