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.
A manufacturer who fulfils the obligations set out in this act under a compliance scheme is obliged to:
report to the compliance scheme operator true and complete data on the quantities of the selected products it has placed on the market, in units of weight and pieces,
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
cooperate with the compliance scheme operator in connection with the fulfilment of the compliance scheme operator's obligations in the field of eco-modulation.
A manufacturer may only conclude a collective performance agreement with one compliance scheme operator for the selected products it places on the market, in respect of
EEE pertaining to a single group according to Annex No. 1 to this Act; this does not apply in the case of solar panels,
batteries or accumulators pertaining to a single group according to Section 76, or
tyres.
A manufacturer who performs the obligations set out in this Act in a compliance scheme for a certain type of selected products may give notice to withdraw from the collective performance agreement concluded with the compliance scheme operator only once a year. The manufacturer is obliged to deliver the notice of withdrawal from the collective performance agreement to the compliance scheme operator no later than by 30 September of the calendar year in which the contractual relationship is to be terminated.
The compliance scheme operator is obliged to ensure an annual audit of 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.
The compliance scheme operator is obliged to 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 compliance scheme operator by all manufacturers of that type of selected product for that year.
The compliance scheme operator is obliged to not have an audit conducted pursuant to subsections (1) and (2) in relation to solar panels placed on the market before 1 January 2013.
The compliance scheme operator is obliged to have its ordinary or extraordinary financial statements audited.
The compliance scheme operator is obliged to ensure that the auditor verifies
the accuracy and completeness of data on the quantity of selected products placed on the market reported by manufacturers to the compliance scheme operator pursuant to Section 45(1)(a),
the accuracy and completeness of record-keeping pursuant to Section 50(1)(a) to (c), and
the accuracy and completeness of data on the quantity of taken-back end-of-life products pursuant to Section 50(1)(e).
The compliance scheme operator is furthermore obliged to ensure that the auditor verifies the accuracy and completeness of the data on the quantities of end-of-life products that have been taken back, transported, processed or otherwise handled, including data on the way in which those end-of-life products have been handled, as reported to the compliance scheme operator by the persons referred to in Section 50(1)(c).
The compliance scheme operator is obliged to ensure the verification referred to in subsections (2) and (3) in each calendar year in which it is authorised to operate the compliance scheme. The report on the verification of the financial statements referred to in subsection (1) and the verification report(s) referred to in subsections (2) and (3) shall be sent by the compliance scheme operator to the Ministry no later than 6 months after the end of the period under verification.
The manufacturers and persons referred to in Section 50(1)(c) shall provide the necessary cooperation to the compliance scheme operator to enable it to fulfil its obligations set out in subsections (2) and (3).
The Ministry shall establish by decree the minimum scope of the verification referred to in subsection (2)(a) and subsection (3).
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