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12.—(1) The authorised treatment facilities which comprise all or part of a producer’s system for collection of vehicles shall contain sufficient capacity to treat, in accordance with the requirements of Article 6 and Annex I of the Directive, the number of that producer’s vehicles which are likely to become end-of-life vehicles in 2006 and in each year thereafter.
(2) From 1st January 2007 it shall be a requirement of any agreement between a producer and an owner or operator of an authorised treatment facility which forms part of that producer’s system for collection that—
(a)where an authorised treatment facility accepts delivery of an end-of-life vehicle to which the agreement applies and which has no market value, no charge shall be imposed upon the last owner or holder of that vehicle; and
(b)an authorised treatment facility which is part of a producer’s system for collection shall accept delivery of any end-of-life vehicle which is within the terms of that agreement.
(3) The requirements of paragraph (2)(a) shall not apply where the end-of-life vehicle does not contain the essential components of a vehicle, in particular the engine, transmission, coachwork, wheels or catalytic converter, if a catalytic converter formed part of the vehicle when it was placed on the market, or contains waste which has been added to it.
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