S.L. 549.141 Art. 6General minimum requirements for extended producer responsibility schemes. S.L. 549.36 S.L. 549.54 S.L. 549.89

(1) Any producer of a product or producer responsibility organisation shall:

(a) have a clearly defined geographical, product and material coverage without limiting those areas to those where the collection and management of waste are the most profitable;

(b) provide an appropriate availability of waste collection systems within the areas referred to in paragraph (a);

(c) have the necessary financial means or financial and organisational means to meet its extended producer responsibility obligations;

(d) put in place an adequate self-control mechanism, supported, where relevant, by regular independent audits, to appraise:

(i) its financial management, including compliance with the requirements laid down in sub-regulation (3)(a) and (b); and

(ii) the quality of data collected and reported in accordance with regulation 4(4)(c) and with the requirements of Regulation (EC) No 1013/2006;

(e) make publicly available information about the attainment of the waste management targets referred to in regulation 4(4)(b); and

(f) in the case of a producer responsibility organisation, make also publicly available information about:

(i) its ownership and membership;

(ii) the financial contributions paid by producers of products, members of the producer responsibility organisation, per unit sold or per tonne of product placed on the market; and

(iii) the selection procedure for waste management operators.

(2) The provision of information to the public referred to in sub-regulation (1) shall be without prejudice to preserving the confidentiality of commercially sensitive information in conformity with the relevant European Union and national legislation.

(3) The financial contributions paid by the producer of a product to comply with its extended producer responsibility obligations shall:

(a) cover the following costs for the products that the producer puts on the national market:

(i) costs of separate collection of waste and its subsequent transport and treatment, including treatment necessary to meet the waste management targets, and costs necessary to meet other targets and objectives as referred to in regulation 4(4)(b), taking into account the revenues from re-use, from sales of secondary raw material from its products and from unclaimed deposit fees;

(ii) costs of providing adequate information to waste holders in accordance with regulation 4(7);

(iii) costs of data gathering and reporting in accordance with regulation 4(4)(c).

(b) in the case of a producer responsibility organisation, be modulated, where possible, for individual products or groups of similar products, notably by taking into account their durability, repairability, re-usability and recyclability and the presence of hazardous substances, thereby taking a life-cycle approach and aligned with the requirements set by relevant European Union legislation, and where available, based on harmonised criteria in order to ensure a smooth functioning of the internal market; and

(c) not exceed the costs that are necessary to provide waste management services in a cost-efficient way. Such costs shall be established in a transparent way between all the actors concerned.

(4) The provisions of sub-regulation (3)(a) shall not apply to extended producer responsibility schemes established pursuant to the Waste Management (End of Life Vehicles) Regulations, the Waste

Management (Waste Batteries and Accumulators) Regulations and the Waste Management (Electrical and Electronic Equipment)

Regulations.