(1)  For the purposes of section 5(1)(b) of the Act, persons specified in agreements as the first responsible supplier for a container are a class of persons prescribed as the first responsible suppliers in respect of the containers if –

(a) the agreement complies with this regulation; and

(b) the agreement has been approved, in writing, by the scheme coordinator before the agreement comes into force.

(2)  An agreement referred to in subregulation (1) complies with this regulation in respect of an eligible container if –

(a) the agreement is only between –

(i) the person who first supplies, or is intending to first supply, the container in the State; and

(ii) the person specified in the agreement as the first responsible supplier for the container; and

(b) the person specified in the agreement as the first responsible supplier for the container is also employed, or engaged, in relation to the manufacturing, bottling or distribution of the container; and

(c) the agreement specifies –

(i) the date on which the agreement is to come into force, being a date that is after the approval of the agreement by the scheme coordinator as required under subregulation (1)(b) ; and

(ii) each eligible container to which the agreement relates; and

(iii) the date on which the agreement ceases to have effect, if the agreement is not sooner terminated; and

(d) the agreement complies with any relevant guidelines published by the Minister under regulation 15 in respect of the form and content of such an agreement; and

(e) the agreement includes a statement that the person specified in the agreement as the first responsible supplier for an eligible container understands and agrees that, on the date on which the agreement comes into force, the person –

(i) is the first responsible supplier under the Act for the container while the agreement is in force; and

(ii) must have in place a supply agreement, with the scheme coordinator, in respect of the container.

(3)  The scheme coordinator may refuse to approve an agreement referred to in subregulation (1) if the scheme coordinator is satisfied, on reasonable grounds, that –

(a) the agreement does not meet the requirements of subregulation (2) ; or

(b) the person specified in the agreement as the first responsible supplier is unlikely to meet the financial obligations required as first responsible supplier.

(4)  As soon as is practicable after an agreement that meets the requirements of this regulation has come into force, the person specified in the agreement as the first responsible supplier for an eligible container is to provide a copy of the agreement, that is signed by all the parties to the agreement, to the scheme coordinator.

(5)  For the avoidance of doubt, the person specified in the agreement under this regulation as the first responsible supplier for an eligible container is taken, on the date on which the agreement comes into force, to be the first responsible supplier under the Act for the container.

(6)  For the avoidance of doubt, a person who first supplies an eligible container in the State is prescribed, under section 5(2)(c) of the Act, as not the first responsible supplier for the container while an agreement under this regulation is in force in respect of the container.