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9.—(1) Each producer shall finance the costs of the collection, treatment, recovery and environmentally sound disposal of—
(a)WEEE from users other than private households arising during a compliance period from EEE put on the market in the United Kingdom on or after 13th August 2005 by that producer; and
(b)WEEE from users other than private households arising during a compliance period from EEE put on the market in the United Kingdom before 13th August 2005 (“the relevant WEEE”) where that producer is supplying new EEE that—
(i)is intended to replace the relevant WEEE, and
(ii)is of an equivalent type or is fulfilling the same function as that of the relevant WEEE.
(2) Nothing in paragraph (1) shall prevent a producer from concluding an agreement whereby the parties to the agreement make alternative arrangements between themselves to finance the costs of the collection, treatment, recovery and environmentally sound disposal of WEEE.
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