Removing an approval

In those situations where a dispute may arise involving the certification of a recycler, or if its certificate is going to be revoked for non-compliance with a Certification Criterion, ECOEMBES will first request a mandatory report from the independent consultancy that issued the certificate of the recycler in question. If said independent consultancy is not still among the entities accredited to certify recyclers, the recycler in question will have a period of 72 hours to designate any of the independent consultancies whose contract with ECOEMBES is in force at the time, and have it issue the mandatory report indicated above.

Causes

  1. False information provided by the company to Ecoembes to access the status of approved recycler, understanding as such the lack of faithfulness in the data or requirements that are essential to obtaining the approval.

  2. Breach of the provisions in the representation clause signed by the Recovery/Recycling agent.

  3. Breach of any of the requirements reviewed during the approval and considered to be mandatory.

  4. Breach of any of the contracts with Ecoembes.

  5. Breach of any observation included in the approval report.

  6. Lack of evidence of traceability of materials delivered by Ecoembes.

  7. Imposition of final sanctions by the competent Administration within an administrative procedure regarding aspects considered in the approval and/or sentence by means of a court ruling to the company or any of its directors for a crime related to any of the requirements reviewed considered to be mandatory.

  8. Loss of a permit and/or registration that must be in force during the facility’s activity.

  9. Cease of activity The approval will be lost, if not reported to Ecoembes, after the approval team checking the activity has ceased for a period of three consecutive months.

  10. Failure to inform ECOEMBES of any change occurring in this period that affects the validity or duration of any of its regulatory authorizations. 

  11. Concurrence of other circumstances that may substantially modify the conditions under which the approval was granted to the company (transferring the facility, subcontracting, mergers, spin-offs, transformation of the company, change of corporate name, etc.) and which do not adhere to the procedure provided for that purpose for this cases in paragraph 3.

  12. Recyclers may be required to undergo audits to verify compliance with the Certification Criteria, which may be conducted by the independent consultancies that provide the certification service, if there are reasonable signs of possible non-compliance with said Criteria. If the independent consultancy verifies non-compliance with any of the Certification Criteria, the cost of the audit will be borne by the recycler and Ecoembes may revoke that recycler's certificate. Conversely, if the independent consultancy verifies compliance with all the Certification Criteria, the cost of the audit will be borne by ECOEMBES.

What does it entail?

Removing the approval to a recovery and recycling company will entail terminating the contracts entered into with the company and may imply impossibility to obtain the approval again for two years.

Suspending the approval

 

Moreover, the approval of a recovery and recycling company may be suspended due to temporary cease of activity due to force majeure (fire, flooding, etc.).

It will be necessary that the recovery and recycling company informs ECOEMBES of the temporary cease of activity within the following seven days. Once the activity is resumed, the approval team will check the correct performance of the production process. If the verification is successful, the suspension will be lifted. Otherwise, Ecoembes may impose corrective measures or, if applicable, remove the approval definitively.