Paragraph 6 Duration, and renewal, of a return point exemption

(1)

A return point exemption—

(a)

continues in force for a period of 3 years beginning with the day specified under paragraph 3(3)(a)(ii);

(b)

may be renewed by the deposit management organisation on one or more occasions.

(2)

A return point exemption must not be renewed for a period of more than 3 years.

(3)

An exemption holder may apply for a return point exemption to be renewed at any time before the exemption expires.

(4)

The deposit management organisation may renew a return point exemption if—

(a)

a renewal application is made by the exemption holder, and

(b)

the grounds on which the exemption was originally granted continue to apply.

(5)

A renewal application must—

(a)

be made in such form and manner as the deposit management organisation directs,

(b)

contain the exemption grounds information, and

(c)

contain any other information as the deposit management organisation may direct.

(6)

In sub-paragraph (5), “the exemption grounds information” means—

(a)

if the return point exemption was granted on the proximity grounds—

(i)

information about any alternative return points which are located in reasonable proximity to the premises, and

(ii)

confirmation that the operator of each of those return points has been consulted about the in-scope retailer’s renewal application, and that each of those operators has agreed to continue to accept returnable items which could otherwise have been returned to the retailer making the renewal application;

(b)

if the return point exemption was granted on the premises grounds, sufficient information to demonstrate that the location, layout, size, design or construction of the premises still does not permit, does not easily permit, or cannot easily be altered to permit the operation of a return point in respect of those premises.

(7)

Where the deposit management organisation receives a renewal application, it must, as soon as reasonably practicable—

(a)

decide whether to renew the relevant return point exemption, and

(b)

notify the exemption holder by way of notice of its decision.

(8)

A notice under sub-paragraph (7)(b) must be in writing and—

(a)

if the deposit management organisation renews the return point exemption—

(i)

specify the further period for which the exemption continues in force, and

(ii)

specify the date at the end of which the return point exemption will expire, unless it is renewed or revoked;

(b)

if the deposit management organisation decides not to renew the return point exemption—

(i)

state the reasons for that decision,

(ii)

specify the date on which the exemption holder is required to operate a return point at the premises, and

(iii)

state that the exemption holder has a right under regulation 79 to ask the deposit management organisation to review the decision.

(9)

The date specified under sub-paragraph (8)(b)(ii) must not be before the end of the period of 28 days beginning with the day on which the exemption holder received the notice.

(10)

If an exemption holder exercises the right under sub-paragraph (8)(b)(iii), the deposit management organisation’s decision must not take effect before the end of the period specified in regulation 81(2).

(11)

But this paragraph is subject to paragraphs 8 and 9.