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Schedules

Article 11(2), 32(2), 43(2) and 64(2)

Schedule 5Application by two or more manufacturers to be a pool participant in the Trading Schemes

1.  Two or more manufacturers may together apply to the administrator to be a pool participant in the Trading Schemes in accordance with this Schedule.

2.  An application under this Schedule may relate to a single scheme year only.

3.  An application under this Schedule must be made on or before 30th April of the year following the scheme year for which the manufacturers wish to be a pool participant.

4.  An application under this Schedule may only be made by manufacturers which are connected at the end of the scheme year to which the application relates.

5.  An application under this Schedule must identify—

(a)the manufacturers which are to be a pool participant;

(b)the Trading Scheme or Schemes for which the manufacturers wish to be a pool participant; and

(c)the manufacturer which will be—

(i)the contact point for the pool participant; and

(ii)responsible for receiving notice of any civil penalty under Part 6 on behalf of the pool participant.

6.  For the purposes of paragraph 5(b)

(a)if an application under this Schedule is made in relation to the CCTS, it must also be made in relation to the CRTS, and vice versa; and

(b)if an application under this Schedule is made in relation to the VCTS, it must also be made in relation to the VRTS, and vice versa.

7.  An application under this Schedule must be accompanied by evidence demonstrating that—

(a)the manufacturers are connected, as specified in paragraph 4; and

(b)the manufacturer identified to the administrator in accordance with paragraph 5(c) is capable of fulfilling the roles identified in that paragraph.

8.  The administrator may only reject an application under this Schedule if it is not made in accordance with this Schedule.

9.  Where the administrator grants an application made in accordance with this Schedule, the group of manufacturers is a pool participant for the Trading Scheme, and for the scheme year, to which the application relates.