36.—(1) Where it appears to the appropriate Agency that the operator of a scheme has not met his recovery and recycling obligations in relation to the scheme in a relevant year the appropriate Agency shall, no later than 15th February in the subsequent year, provide the information relating to the scheme in paragraph (2) below to the authority that approved the scheme.
(2) The information referred to in paragraph (1) shall include the name of the scheme, the operator’s recovery and recycling obligations for the scheme (in tonnes and by material) and the extent of the operator’s compliance with those obligations by reference to the actual tonnages of recovery and recycling the scheme has demonstrated through the acquisition of PRNs or PERNs or both.
(3) The appropriate Agency shall notify the operator of a scheme that he appears not to have met his recovery and recycling obligations in relation to the scheme in a relevant year when it provides the information to the appropriate authority under paragraph (1) above.
(4) It shall only appear to the appropriate Agency under paragraph (1) above that the operator has not met his recovery and recycling obligations if in respect of the relevant year the total figure provided to the appropriate Agency by the operator of the scheme under regulation 22(2)(a) is less than the total figure provided to the appropriate Agency by the operator of the scheme under regulation 22(2)(c).