In accordance with the contractual arrangement between the ASEKOL compliance scheme and the registered manufacturers, control audits of the manufacturers involved in the ASEKOL compliance scheme are carried out.
(1) A manufacturer who fulfils the obligations set out in this Act under a compliance scheme is obliged to
a) to report truthful and complete data to the operator of the collective system about the quantity of collected products they have placed on the market, both in units of weight and pieces,
b) enable the compliance scheme operator to verify the recorded data pursuant to Section 53 (2)(a), in particular by providing the necessary cooperation for this purpose, and
c) to provide the operator of the collective system with cooperation related to fulfilling the operator’s obligations in the area of eco-modulation.
(2) A manufacturer may enter into a collective compliance agreement for selected products they place on the market only by contracting with one operator of the collective system, if these area) electrical equipment belonging to one category according to Annex No. 1 to this Act;this does not apply in the case of solar panels.
b) batteries or accumulators belonging to one category according to § 76, or c) tires
(3) A manufacturer fulfilling the obligations set by this law through a collective system for a specific type of selected products may terminate the collective compliance agreement concluded with the operator of the collective system only once per year. The manufacturer is required to deliver the termination notice of the collective compliance agreement to the operator no later than September 30th of the calendar year in which the contractual relationship is to end.
(1) The compliance scheme operator shall ensure that at least 15 % by weight of the total quantity of selected products reported to the compliance scheme operator by individual manufacturers under Section 45 (1)(a) of the Act are audited annually.
(2) The operator of a compliance scheme shall be obliged to have an audit conducted at least once every 5 years of manufacturers of EEE, batteries or accumulators or tyres who place on the market annually more than 1% of the selected products out of the total quantity reported to the operator of the compliance scheme by all manufacturers of that type of selected product for that year.
(3) The operator of a compliance scheme shall not have an audit conducted pursuant to subsections (1) and (2) in relation to solar panels placed on the market before 1 January 2013.
(1) The operator of the collective system is obliged to have a proper or extraordinary financial statement audited by an auditor.
(2) The operator of the collective system must ensure that the auditor verifies:
a) the accuracy and completeness of the data on the quantities of selected products placed on the market, as reported by the manufacturers to the operator of the collective system pursuant to § 45 paragraph 1 letter a),
b) the accuracy and completeness of record-keeping according to § 50 paragraph 1 letters a) to c), and
c) the accuracy and completeness of data on the quantities of end-of-life products collected according to § 50 paragraph 1 letter e).
(3) The operator of the collective system is further obliged to ensure that the auditor verifies the accuracy and completeness of data on the quantities of end-of-life products that were collected, transported, processed, or otherwise handled, including data on the method of handling these end-of-life products, as reported to the operator by persons listed in § 50 paragraph 1 letter c).
(4) The operator of the collective system must ensure the verification according to paragraphs 2 and 3 in each calendar year during which it is authorized to operate the collective system. The report on the audit of the financial statement pursuant to paragraph 1 and the report(s) on the verification pursuant to paragraphs 2 and 3 must be sent by the operator of the collective system to the ministry no later than 6 months after the end of the audited period.
(5) Manufacturers and persons referred to in § 50 paragraph 1 letter c) are obliged to provide the operator of the collective system with necessary cooperation to fulfill its obligations set forth in paragraphs 2 and 3.
(6) The ministry shall determine by decree the minimum scope of verification according to paragraph 2 letter a) and paragraph 3.
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