27Amount of financial assurances

27 Amount of financial assurances

27 Amount of financial assurances

(1) The amount of a financial assurance may be determined by the regulator.

(2) The regulator must not require financial assurances of an amount that is more than the total cost of carrying out the actions required to comply with the product stewardship requirements and targets.

(3) The total cost is the amount that, in the regulator’s opinion, represents a reasonable estimate of—

(a) the total likely costs and expenses that may be incurred by the brand owner in carrying out the actions required, and

(b) the total likely costs and expenses of the regulator in directing and supervising the carrying out of the actions.

(4) The regulator may require a brand owner to provide an independent assessment of the cost of the relevant actions for which the assurance is required.