Regulations Regarding Procedures for the Registration Pertaining to the Producers of Batteries and Accumulators and the Holder of the Register

Transcription

1 Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as genderneutral terms, e.g. chairperson. Republic of Latvia Cabinet Regulation 977 Adopted 25 November 2008 Regulations Regarding Procedures for the Registration Pertaining to the Producers of Batteries and Accumulators and the Holder of the Register Issued pursuant to Section 20. 9, Paragraph three of the Waste Management Law 1. These Regulations prescribe the procedures for the registration pertaining to the producers of batteries and accumulators (hereinafter producer) and the holder of the register. 2. Producers shall be registered in a register of producers (hereinafter register). The register shall be a component of the State information system the Register of Electrical and Electronic Equipment Manufacturers. The utilisation of the register shall ensure the circulation of information necessary for the monitoring of the management of waste batteries and accumulators. 3. The holder of the register shall be the Latvian Electrical Engineering and Electronics Industry Association, with which the Ministry of Environment has entered into a contract regarding keeping of the register (hereinafter holder of the register) pursuant to the regulatory enactments regarding State administration. 4. A producer shall, within one month after it has commenced activities involving the batteries and accumulators specified in the Waste Management Law, submit an application regarding the registration of a producer (Annex 1) to the register. 5. A producer who has commenced the activities referred to in Paragraph 4 of these Regulations until the date of coming into force of these Regulations shall register within three months from the date of coming into force of these Regulations. 6. If waste batteries and accumulators are managed not by a producer, but by another manager, the producer shall submit to the holder of the register a written confirmation regarding entering into a respective contract issued by the manager. 7. If all the information referred to in Annex 1 to these Regulations has not been submitted or the documents referred to in Paragraph 6 of these Regulations have not been submitted, the holder of the register shall, within 14 days from receipt of the application, request the necessary information or documents from a producer, indicating the deficiencies detected. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

2 Information or documents requested by the holder of the register shall be submitted within 14 days from the day of receipt of the request. 8. A submitter of information shall be responsible for the correctness and veracity of the information submitted to the register. 9. The holder of the register shall register a producer within five working days after receipt of an application or receipt of the documents referred to in Paragraph 6 of these Regulations. The producer shall not be registered if: 9.1. the information referred to in Annex 1 to these Regulations or the documents referred to in Paragraph 6 of these Regulations have not been submitted; 9.2. the information referred to Sub-paragraph 9.1 of these Regulations is incomplete or does not conform to the requirements of these Regulations, or has not been submitted within the period of time specified in Paragraph 7 of these Regulations; or 9.3. the information submitted by the producer is false. 10. In the case referred to in Sub-paragraphs 9.1, 9.2 or 9.3 of these Regulations the holder of the register shall, within three working days, inform the submitter thereof in writing and request the necessary information or documents from the producer, indicating the deficiencies detected. Information or documents requested by the holder of the register shall be submitted within 14 days from the date of receiving the request. If the referred to information is not submitted to the register within this period of time, the holder of the register shall inform the Ministry of Environment thereof in writing. On the basis of information provided by the holder of the register, the Ministry of Environment shall send to the respective producer a written refusal to register the producer. 11. The holder of the register shall, within three working days after inclusion of the producer in the register, issue a written certification of registration to a producer. Upon a justified request of the producer or State administrative institutions the holder of the register shall issue a certification of registration with updated information in electronic form. 12. The holder of the register shall, once a quarter, inform the Ministry of Environment and a manager of waste batteries and accumulators regarding registration of the respective producer, as well as regarding deletion of the producer from the register if the producer has entered into a respective contract with it. 13. A producer shall, within 14 days, inform the holder of the register regarding any changes to the information to be included in the register by submitting an application regarding changes to the information included in the register (Annex 2). In such cases the holder of the register shall ensure updating of the information included in the register within five working days after receipt of a notification. The holder of the register is entitled to update the information included in the register on the basis of publicly available information received from other State information systems. 14. If a producer discontinues the activities involving the batteries and accumulators specified in the Waste Management Law, the producer, the administrator of the producer or a liquidator shall, within 14 days from the day of discontinuation of activities, notify the holder of the register thereof by submitting an application regarding deletion of the producer from the register (Annex 3). If the referred to persons do not provide such information, the holder of the register is entitled to use the publicly available information received from other State Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2

3 information systems. In the cases referred to in this Paragraph the holder of the register shall, within three working days after receipt of information, delete the producer from the register. 15. The following information shall be included in the register: trade name of the registered producer, registration number in the Enterprise Register, legal address, legal status (solvent, insolvent or in process of liquidation); trade names of branches of the registered producer, legal addresses of branches, registration number in the Enterprise Register, as well as address of the undertaking; types of batteries and accumulators offered by the registered producer in the market; the quantity (mass) of batteries and accumulators offered by the registered producer in the market of Latvia; the type and quantity (mass) of waste batteries and accumulators of the registered producer collected, processed, exported from Latvia for processing; and information regarding the entered into contracts as regards the management of waste batteries and accumulators. 16. The information referred to in Sub-paragraphs 15.1, 15.2 and 15.3 of these Regulations shall be accessible to public. The information referred to in Sub-paragraphs 15.4, 15.5 and 15.6 of these Regulations shall be deemed accessible to public if a producer has agreed to communication thereof to the public upon submission thereof. The holder of the register shall ensure the provision of public information, which exists in the register, to private persons and State and local government institution in electronic form. If the holder of the register has received a request regarding provision of such information, which is a commercial secret, it shall acquire the opinion of the respective producer prior to the provision of or a refusal to provide such information. 17. A manager of waste electrical and electronic equipment is entitled to submit the information referred to in Sub-paragraphs 15.4 and 15.5 of these Regulations to the register instead of the producer if the producer has entered into a respective contract therewith. 18. If justified information regarding the avoidance of a producer from registration or regarding the provision of false or incomplete information to the register has been received from registered producers or information systems of State significance, the holder of the register shall, within five working days, inform the Ministry of Environment and the State Environmental Service in writing thereof. 19. The decision taken by the Ministry of Environment may be appealed in accordance with the procedures specified in the Administrative Procedure Law. 20. These Regulations shall come into force on 1 April Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3

4 Informative Reference to European Union Directive These Regulations contain legal norms arising from Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEK. Prime Minister Minister for the Environment I. Godmanis R. Vējonis Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4

5 Annex 1 Cabinet Regulation November 2008 Application for Registration of a Producer of Batteries and Accumulators 1. Information regarding the producer of batteries and accumulators: 1.1. trade name 1.2. registration number assigned by the Commercial Register 1.3. legal address 1.4. legal status (if any): [ ] insolvent [ ] in the process of liquidation 2. Information regarding branches and undertakings of the producer Name Legal address of the branch or address of the undertaking Registration number of the branch in the Commercial Register Information regarding the types of batteries and accumulators offered by the producer in the market of Latvia (on the day of registration) Battery and accumulator type 1 Code of the distribution type of batteries and accumulators 2 Code of the provision of management of waste batteries and accumulators To be indicated pursuant to the regulatory enactments regarding the natural resources tax. 2 Code of the distribution type of batteries and accumulators: 2.1. direct delivery to the user, including trade by catalogues; 2.2. wholesale trade; 2.3. retail trade; 2.4. distance contracts, including trade on the Internet; 2.5. for provision of one s economic activities; 2.6. batteries and accumulators at the time of placing on the market are inserted in electrical and electronic devices, vehicles or other self-propelled machinery. 3 Code of the provision of management of waste batteries and accumulators: 3.1. the producer who pays the natural resources tax; 3.2. the producer who manages waste batteries and accumulators himself/herself; 3.3. the commercial company of management of waste batteries and accumulators, with which the producer has entered into a contract. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5

6 4. Contracts entered into with the managers of waste batteries and accumulators Battery and accumulator type Name, registration number in the Enterprise Register and legal address of the manager of waste batteries and accumulators Date of entering into the contract Period of validity of the contract (from-until) I agree/disagree (delete the inappropriate response) that the information submitted to the register of battery and accumulator producers regarding the quantity of batteries and accumulators offered by in the market of Latvia (name of the producer) and regarding the amounts of collection, processing and export of waste batteries and accumulators is published as a public notice. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6

7 Appended (mark the appropriate response with an x): [ ] Certification issued by the manager of batteries and accumulators regarding entering into a contract on pages. [ ] Authorisation document confirming the right to represent the respective person if the right of representation is not registered in the Enterprise Register, on pages. [ ] on pages. (other documents) I confirm that the information indicated in the application is complete and true. Producer or producer s representative 4 (given name and surname) Personal identity number - Position Date 5 (signature 5 ) Place for seal 5 date month year Minister for the Environment R. Vējonis 4 The application shall be signed by a person according to the right to represent a commercial company specified in authorisation documents of the commercial company. If the right of representation is not registered in the Enterprise Register, the application shall be submitted in person and an authorisation document confirming the right to represent the respective person shall be appended. 5 The document details date, signature and place for seal shall not be completed if the electronic document is drawn up in accordance with the requirements specified in the regulatory enactments regarding the drawing up of electronic documents. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 7

8 Annex 2 Cabinet Regulation November 2008 Application Regarding Changes to Information Included in the Register of Battery and Accumulator Producers (Paragraph 1 and the section of the application where changes to the information must be made shall be completed) 1. Information regarding the producer of batteries and accumulators: 1.1. trade name 1.2. registration number assigned by the Enterprise Register 1.3. legal address 1.4. legal status (if any): [ ] insolvent [ ] in the process of liquidation 2. Information regarding branches and undertakings of the producer Name Legal address of the branch or address of the undertaking Registration number of the branch in the Enterprise Register Information regarding the types of batteries and accumulators offered by the producer in the market of Latvia (on the day of submitting the application) Battery and accumulator type 1 Code of the distribution type of batteries and accumulators 2 Code of the provision of management of waste batteries and accumulators Contracts entered into with the managers of waste batteries and accumulators 1 To be indicated pursuant to the regulatory enactments regarding the natural resources tax. 2 Code of the distribution type of batteries and accumulators: 2.1. direct delivery to the user, including trade by catalogues; 2.2. wholesale trade; 2.3. retail trade; 2.4. distance contracts, including trade on the Internet; 2.5. used for one s economic activities; 2.6. batteries and accumulators at the time when they are placed on the market are inserted in electrical and electronic devices, vehicles or other self-propelled machinery. 3 Code of the provision of management of waste batteries and accumulators: 3.1. the producer who pays the natural resources tax; 3.2. the producer who manages waste batteries and accumulators himself/herself; 3.3. the commercial company of management of waste batteries and accumulators, with which the producer has entered into a contract. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 8

9 Battery and accumulator type 1 Name, registration number in the Enterprise Register and legal address of the manager of waste batteries and accumulators Date of entering into the contract Period of validity of the contract (from-until) I agree/disagree (delete the inappropriate response) that the information submitted to the register of battery and accumulator producers regarding the type and weight of batteries and accumulators offered by in the market of Latvia (name of the producer) and regarding the amounts of collection, processing and export of waste batteries and accumulators is published as a public notice. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 9

10 Appended (mark the appropriate response with an x): [ ] Certification issued by the manager of waste batteries and accumulators regarding entering into a contract, on pages. [ ] Authorisation document confirming the right to represent the respective person if the right of representation is not registered in the Enterprise Register, on pages. [ ] on pages. (other documents) I confirm that the information indicated in the application is complete and true. Producer or producer s representative 4 (given name and surname) Personal identity number - Position Date 5 (signature 5 ) Place for seal 5 date month year Minister for the Environment R. Vējonis 4 The application shall be signed by a person according to the right to represent a commercial company specified in authorisation documents of the commercial company. If the right of representation is not registered in the Enterprise Register, the application shall be submitted in person and an authorisation document confirming the right to represent the respective person shall be appended. 5 The document details date, signature and place for seal shall not be completed if the electronic document is drawn up in accordance with the requirements specified in the regulatory enactments regarding the drawing up of electronic documents. Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 10

11 Annex 3 Cabinet Regulation November 2008 Application for Deletion of a Producer of Batteries and Accumulators from the Register (submitted by the producer, the producer s administrator or liquidator) I request to delete the following producer of batteries and accumulators from the register of battery and accumulator producers: Trade name Registration number assigned by the Commercial Register Legal address Legal status (if any): [ ] insolvent [ ] in the process of liquidation Producer, producer s administrator or liquidator (given name and surname) Personal identity number - Position Date 1 (signature 1 ) Place for seal 1 date month year Note. 1 The document details date, signature and place for seal shall not be completed if the electronic document is drawn up in accordance with the requirements specified in the regulatory enactments regarding the drawing up of electronic documents. Minister for the Environment R. Vējonis Translation 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 11