S.L. 549.141 Art. 7Investigations. S.L. 549.72

(1) The Authority, in collaboration with the EPR Consultative Committee, may conduct an investigation into a particular producer or PRO, including investigations into particular type of agreements. In the course of investigations, the Authority may request any information, including financial information, held by other competent authorities, producers and PROs, in relation to producers of products and PROs, to ensure that the objective of these regulations are achieved. The Authority may carry out any inspections necessary for that purpose.

(2) The Authority shall have the power to carry out investigations of its own motion or at the request of the Minister or upon a reasonable allegation in writing of a breach of the provisions of these regulations, by a complainant or any producer of a product or a PRO.

(3) During the course of any investigation, the Authority may request any producer of a product or a producer responsibility organisation to furnish it with any information or document in its possession which the Authority has reason to believe is relevant to the matter under investigation, within such time as in the circumstances of the investigation the Authority may consider reasonable:

Provided that nothing in this sub-regulation may be construed as authorising the Authority to order the production of any document or the disclosure of any information which may be subject to the duty of professional secrecy.

(4) When sending a request for information to any producer of a product or a producer responsibility organisation, the Authority shall specify what information is required and fix a time-limit within which the information is to be provided:

Provided that failure to adhere to such request may entail liability to a daily penalty in accordance with the Daily

Penalties (Environment) Regulations.

(5) Where any producer of a product or a producer responsibility organisation submits information, which contains business secrets or other confidential information, the provisions of regulation 8 shall apply.