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September 2025 Newsletter

Newsletter: September 2025

The latest news regarding WEEE, e-waste, battery and packaging compliance

EU Battery Regulation: Updates for Producers

Two miniature workers with yellow alkaline batteries

The EU Battery Regulation came into effect in August 2023 and applied directly in all EU member states after a period of 6 months. Now, a year after the application, producers and Member States have implemented several key deadlines. 18 August 2025 marked the official repeal date of the previous legislation, the EU Battery Directive. Also on this date, two high impact requirements of the EU Battery Regulation Extended Producer Responsibility (EPR) began: the new battery categorization and the requirement for all distance selling producers to appoint an Authorized Representative (AR) in each Member State where they do not have a local entity.

  1. EWRN Published EU Battery Categories Battery Guidance
    The European WEEE Registers Network (EWRN) recently published guidance that combines understanding from regulation definitions, recitals, and other articles to aid battery producers in categorizing under the five categories set out by the EU Battery Regulation (Regulation 2023/1542). The guidance correlates the new five categories with the three battery categories from the EU Battery Directive and provides examples of batteries falling into each category. The resource also proposes a definition interpretation of batteries “specifically designed for industrial uses”. Producers can use this resource while reviewing their battery types. The EWRN Guidance can be viewed here.
  2. EU Council Adopted Law to Delay Due Diligence and Exemptions
    The EU Council approved to delay the battery due diligence obligations by 2 years. This requirement is detailed in Chapter VII “Obligations of economic operators as regards battery due diligence policies” of the EU Battery Regulation. This postponement falls in line with the delay of due diligence for the Corporate Sustainability Due Diligence Directive (CSDDD).
    Battery due diligence is the responsibility of companies in the battery supply chain to manage social and environmental risks linked to raw and secondary materials used in production. It involves risk management systems, third-party checks, oversight, and transparency to ensure risks are identified, prevented, and addressed across suppliers, subsidiaries, and subcontractors.
    An additional proposal has been put forth by the European Commission to extend exemptions of small and medium sized enterprises (SMEs, companies under €40 Million in Revenue) to small mid-cap enterprises (SMCs, companies under €150 Million in Revenue) to alleviate unnecessary administrative burden.

Please reach out to Accerio if your company would like assessment and monitoring of battery obligations in the EU.

Washington and Maryland Pass EPR Packaging Laws

Maryland (SB901C) and Washington (SB5284C) became the 6th and 7th U.S. states to pass packaging EPR laws, signed into law in May 2025. Both require producers to register with a Producer Responsibility Organization (PRO) by July 1, 2026.

Covered materials include all types of packaging and paper products, including beverage containers, sold or distributed to consumers in MD and WA, respectively. In both states, implementation will be gradual through 2029, starting with needs assessments and PRO planning. While exact recycling or reuse targets are not yet defined, materials not covered under approved stewardship plans may be restricted from sale after 2032.

Producers selling into these states should begin assessing their packaging materials and market activities to determine applicability and plan for compliance. As the programs evolve, Accerio will provide further updates and assist clients with registration and data preparation.

Spain’s Draft EPR Decree for Textiles

On 23 June 2025, Spain released the draft Royal Decree establishing Extended Producer Responsibility (EPR) for textiles, including clothing, footwear, and fashion accessories, as required by Law 7/2022 on waste and circular economy.

The proposal obligates all “Producers” (including manufacturers, importers, own-brand distributors, and distance sellers) to register in a dedicated section of the Product Producers Registry (Registro de Productores de Producto), declare the volumes placed on the Spanish market annually, and fulfil their obligations exclusively through collective compliance with a producer responsibility organization (SCRAPs). Online platforms and logistics providers would also be required to check that only registered producers operate in the market.

The scope of the regulation will apply to clothing, footwear, and fashion accessories for household use (or other use, for products with similar nature) listed in Annex I of the draft. Producers will finance the system through fees paid to SCRAPs that will be calculated on product weight, or in some cases, by number of units. These fees will be subject to eco-modulation criteria in line with the EU Ecodesign for Sustainable Products Regulation (ESPR), considering design features such as durability, recyclability, and use of recycled content.

Retailers are directly impacted, as they may only sell products from duly registered producers. Those with a sales area greater than 400 m² must also dedicate part of their store to second-hand or “prepared for reuse” textile and footwear products. Where retailers place in-scope products on the market under their own brand or import them directly, they will themselves be considered producers and required to register and join a SCRAP.

SCRAPs will be responsible for meeting national collection and reuse objectives: 50% separate collection by 2030 (70% by 2035), with at least 20% prepared for reuse by 2030 (35% by 2035). They will also be required to publish annual data on volumes placed, collected, and managed, ensuring transparency in how targets are achieved.

The draft is currently open for public consultation and, once adopted, Spain would join a handful of EU countries with nationwide EPR systems for textiles.

September 2025 Newsletter Read More »

September 2024 Newsletter

Newsletter: September 2024

The latest news regarding WEEE, e-waste, battery and packaging compliance

Accerio B.V. Has Moved to a New Amsterdam Office Location

We have moved to a new location in Amsterdam; it’s a beautiful location in the heart of the city. We love the big bright windows and the view of the bustling street and canals. This office has space to accommodate our growing team, and the new location makes us excited for what is to come.

Please check that you have our two current office addresses in your system:

Accerio B.V.
Keizersgracht 307-bel
1016 ED Amsterdam
The Netherlands

Accerio Global
2005 Broadway Street
Boulder, CO 80302
USA

EU Member States Align with EU Battery Regulation

European_Commission

On July 28th, 2023, the European Commission published the EU Battery Regulation in the Official Journal of the European Union. The Regulation came into force on August 17th, 2023, and applied directly in all EU member states after a period of 6 months. Now, a year after coming into force, several EU member states have released draft laws and amendments to align their national legislation with the Battery Regulation.

Croatia: Their draft law was submitted to Parliament on July 29, 2024; it defines the responsibilities of authorities and introduces penalties for non-compliance with extended producer responsibility (EPR), labelling, and battery passports. While the focus is on enforcement and penalties, no changes have been made to the current EPR system, maintaining the existing fund-based waste management model. The law aims to enhance compliance with EU battery standards.

Czech Republic: The proposed amendments are planned to come into force in phases starting from January 1, 2025. Notably, the draft law imposes distributor obligations on online platforms, introduces mandatory collective compliance for producers of portable batteries, light vehicle batteries, and industrial batteries, and requires distinguishing the costs for the management of waste batteries (visible eco fees) from the battery price for all types of batteries apart from portable batteries.

France: Changes are being made in a phased approach, with a mid-2024 law already in force to align certain due diligence and reporting with the Battery Regulation. The law introduced EPR requirements for professionally prepared re-used, repurposed, and remanufactured products subject to EPR in France (which includes WEEE, waste batteries and packaging waste) . In the next phase, a draft decree which, if passed, would come into force January 1, 2025 and would require distributors to display the eco fees paid by the producer under its EPR obligations at the point of sale of a new battery. The draft would also require holders of light means of transportation (LMT) batteries, industrial, and electronic vehicle (EV) batteries, which are prepared for reuse or repurposing, to provide documentation of the battery’s state of health, subsequent use, and appropriate protection against damage during transport if requested by a competent authority.

Germany: A draft law was published in May 2024 and, if implemented in its current state, would expand the scope of obligated battery types to match the EU Battery Regulation, enhance requirements for producers who comply with their EPR obligations via a collective organization, and introduce authorized representative requirements for foreign producers. Collective organizations would need to undergo a new approval procedure with the authority and design eco-modulation incentives for EPR fees of batteries that have a lower negative environmental impact.

As these and other EU countries align their legislation, we are tracking the initial actions and deadlines that producers need to meet. Please let us know if your company needs support with European EPR battery compliance.

Romania Expanded WEEE Eco Fee Requirements

Repair

On May 18, 2024, Romanian Law No.127 entered into force which modified the existing 2015 law. This amendment expanded producer obligations to communicate WEEE eco fees to ‘potential buyers’ prior to the point of sale for electric and electronic products. To achieve this, the management fee for each category of electric and electronic product must still be displayed and listed separately from the cost of electric and electronic products.

Under the previous law, Producers with activities in Romania were already required to display their eco fees on the client’s invoice documents and/or on the website order page (like how VAT is displayed), to inform their customers. However, this amendment expands the requirements, to inform any potential buyers. Though Law No.127 does not specify a mandatory way of conveying this information, producers can display their eco fees on product price tags, stock display stands, purchase pages/inventory detail widgets on their website, just to name a few.

In addition to the eco fee obligation, Law No.127 impacts collective organizations and authorized representatives, by increasing collection rate goals and adding supportive legal provisions.

Producer obligations to display the environmental management fees, or eco-fees, are increasingly common. For guidance on these requirements globally, please contact Accerio.

Two New EPR Streams in India

The Ministry of Environment, Forest, and Climate Change of India recently published a series of amendments to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016, introducing new Extended Producer Responsibility (EPR) streams.

The first is an amendment introducing EPR for Used Oils, effective from April 1, 2024, to regulate the management of used oil produced by manufacturers, importers, and recyclers. The oils in scope include virgin base oil, white oil, hydraulic oil, transformer oil, cutting oil, rubber processing oil, thermal fluids, anti-rust oil, general purpose lubrication oil, engine oil, brake oil, grease, re-refined/recycled base oil, gear oil, turbine oil, and compressor oil.

Producers, importers, recyclers, and collection agents all hold obligations under the amendment. Specifically, the obligated entities must register on the portal and report annually on or before June 30th each year. Producers also must fulfil EPR targets by purchasing EPR certificates from registered recyclers.

Second is a draft amendment, passed on August 14, 2024, introducing an EPR framework for non-ferrous metals (aluminum, copper, zinc, or their alloys). If passed into law, this amendment would be effective from April 1, 2025, mandating that producers of non-ferrous metals register with the Central Pollution Control Board (CPCB) and fulfil their EPR obligations by ensuring the collection, recycling, or refurbishing of their products.

If your company is a producer of oils, non-ferrous metals, or an already active EPR stream in India, please contact Accerio for assessment and obligation information.

Ireland Consultation on Individual Battery Compliance

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Ireland conducted a public consultation earlier this year on compliance options for battery EPR producers. After the close of the consultation in May, the Department of the Environment, Climate, and Communications entered final review and is expected to publish the outcome of the consultation soon.
Presently, producers in Ireland can finance the management of waste batteries in two ways:

  • through membership of a collective organization (WEEE Ireland or ERP Ireland), or
  • self-complying and arranging for the collection, transport, and treatment of their waste batteries themselves.

Additionally, the EU Battery Regulation allows Member States to implement national measures that obligate producers to join a collective organization (removing the possibility to self-comply). However, Member States need to justify the removal of the self-compliance option; in this case, starting with a public comment period to gather perspectives from producers and economic operators in Ireland.

If the outcome of the consultation supports removing the self-compliance option, we can expect a draft amendment to Statutory Notice 283 of 2014 containing the Batteries and Accumulators Regulations. Accerio will monitor this change and be in touch with relevant updates.

Accerio Presenting at the PSX Conference in Denver

Accerio was selected to speak at the Product Stewardship Society’s annual PSX conference, which will be held October 15th-17th at the Grand Hyatt in Denver. The event focuses on education, trends, and solutions for product stewardship professionals.

Accerio’s session, “Practical Challenges of Global Extended Producer Responsibility Implementation”, will pull from our vast practical experience and highlight the impacts of existing and upcoming global EPR legislation, including U.S. packaging laws, the European Union’s battery and packaging regulations, plastic packaging taxes, and eco-modulation concepts. We will provide practical guidance for what organizations’ operational teams and leaders must know to prepare for significant changes now and in the coming years.

If you are attending the PSX 2024 conference, please get in touch. We would enjoy meeting you in person!

September 2024 Newsletter Read More »

June 2024 Newsletter

Newsletter: June 2022

The latest news regarding WEEE, e-waste, battery and packaging compliance

Chile EPR Reporting Requirements for 2023 Data

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The Ministry of Environment in Chile recently published Resolution Ex. N°1025/2024, under the framework extended producer responsibility (EPR) law. This resolution mandates producers of priority products to report quantities placed on the Chilean market in 2023 by July 15, 2024. Priority products subject to this obligation are:

  • Lubricating oils
  • Electrical and electronic equipment (EEE), which includes a broad scope of devices
  • Portable batteries (Pilas) – batteries under 5kg
  • Industrial Batteries (Baterias) – batteries over 5kg
  • Packaging and containers, including for producers who placed less than 300 kilograms of packaging, reusable packaging, and packaging in the “other” category on the market annually
  • Tires for bicycles, wheelchairs, and solid tires
  • Graphic paper (i.e. newspapers and magazines)

Law No. 20.920 (EPR Law) published in 2016 set the framework for recycling and waste management of these products. While data reporting requirements have started, the Ministry must publish decrees for each product type to establish full EPR with specific targets and obligations for producers. Currently, the only priority products with fully implemented legislation are Tires and Packaging and Containers, which include additional obligations beyond the reporting requirements of this resolution. EEE, Portable Batteries, and Industrial Batteries are subject to the upcoming reporting deadline but no further EPR requirements; this is awaiting secondary regulations.

Accerio can assist your company with assessment, registration, and data management to prepare for the reporting deadline. Please contact us if your company markets products in Chile.

Minnesota Passes 5th Packaging EPR Law in the US

Minnesota governor Tim Walz signed bill HF3911-4 on May 21, 2024, establishing the Packaging Waste and Cost Reductions Act. The Act details requirements for packaging producers making Minnesota the fifth state in the US to adopt packaging extended producer responsibility (EPR). Similar to other packaging laws in the US, the Act aims to increase the recycling rate of packaging in the state.

Covered materials include product packaging, food packaging, and paper products. Like California, Colorado, Maine and Oregon, the Act mandates the creation of a Producer Responsibility Organization (PRO) and an advisory board by January 1, 2025. Producers must join a PRO by July 1, 2025; however, the states program implementation is not expected until 2029. With this deadline approaching, more information on PRO registration steps for producers is anticipated soon.

Between 2025 and 2029, the program will gradually roll out, primarily with the Minnesota Pollution Control Agency (MPCA) conducting a comprehensive needs assessment of the state recycling system and approving PRO stewardship plans. While the Act does not specify targets for recyclability, collection, or compostability, it includes provisions that ban materials not covered by an approved stewardship plan after January 2032.

Accerio is assisting producers with registration under current US packaging obligations and monitoring upcoming deadlines.

Vermont and Illinois Battery EPR Updates

Two miniature workers with yellow alkaline batteries

Two US states made critical updates to their battery compliance in June. Illinois enacted a battery extended producer responsibility (EPR) law (SB3686) covering portable batteries, medium format batteries, and battery-containing devices. Similarly, Vermont amended their EPR law through S.254 (Act 152), broadening the state’s 2014 battery EPR law to include rechargeable batteries, battery-containing devices, and a broader range of primary batteries.

Prior to this amendment, Vermont’s battery EPR law was limited to manufacturers of standalone primary batteries < 4.4 lbs. intended for consumer products. Starting January 1, 2026, all obligated batteries should be registered under an approved battery stewardship plan. Additionally, the Secretary of Natural Resources of Vermont is required to conduct a needs assessment for EV/hybrid batteries, energy storage system batteries, and batteries that are not easily removable from products before July 1, 2026, to address future battery recycling needs.

Producers subject to Illinois’ battery EPR law also must register under an approved battery stewardship plan by January 1, 2026.

Both states’ laws include some exclusions, such as batteries that are not easily removable from their devices, automotive lead acid batteries, and batteries contained within professional medical devices.

If your company sells batteries into the US, please contact Accerio for assessment of your current and upcoming obligations.

Implementation of Spain Packaging Regulatory Changes by Ecoembes

Spain ministerio-para-la-transicion-ecologica

In 2023, Spain implemented a new packaging and packaging waste law requiring all producers, both local and foreign, to register with the Packaging National Register and implement an extended producer responsibility (EPR) scheme, either individually or collectively. Prior to the new law, only household packaging producers were required to register directly with the collective organisation Ecoembes.

During the transition to the new law, the National Packaging Register provided a grace period to producers, allowing time especially for foreign producers to appoint an Authorized Representative (AR), register with the National Packaging Register, and implement an EPR scheme. Up to now, Ecoembes has allowed members under the old law to remain registered with them. However, effective June 30th, 2024, membership contracts of foreign producers without an AR will be terminated so that contracts reflecting the new structure can be drafted.

If your company is in the process of registering through the new system, it is crucial to notify Ecoembes about this and inform them on your appointed AR. If you are not re-registering at this time, please be aware that your contract with Ecoembes will not extend beyond June 30th.

Accerio offers management services for Spain EPR packaging compliance, including assessment, registration, and reporting preparation. Contact us if your company seeks compliance under Spain’s new packaging waste law.

June 2024 Newsletter Read More »

March 2024 Newsletter

Newsletter: March 2024

The latest news regarding WEEE, e-waste, battery and packaging compliance

Amendment to the EU WEEE Directive

European_Commission

The European Union introduced an amendment to the Waste Electrical and Electronic Equipment (WEEE) Directive, aiming to provide clarity to certain areas and update respective Articles. Directive (EU) 2024/884, published on March 13th, 2024, introduces several changes to Directive 2012/19/EU, which Member States are required to implement into their national laws by October 9th, 2025.

One significant addition is Article 24a, mandating a comprehensive review of the EU WEEE Directive by December 31st, 2026. This review will encompass critical provisions concerning:

  • legal certainty regarding retroactive requirements,
  • implementation of the waste hierarchy,
  • protection of consumers from WEEE treatment costs,
  • ensuring effective enforcement by Member States,
  • creation of a new category for photovoltaic panels, aligning collection targets with the expected product lifespan,
  • and a mechanism to finance future EEE treatment costs in the event of producer failure or liquidation.

This amendment follows a ruling by the Court of Justice of the European Union on January 25th, 2022, invalidating Article 13(1) of Directive 2012/19/EU concerning photovoltaic panels placed on the market between August 13th, 2005 and August 13th, 2012 due to unjustified retroactive effect. Consequently, Articles 12 and 13 on financing the treatment of WEEE and Articles 14 and 15 on the marking of EEE have been revised to clarify effective dates for each scope change, with different effective dates for the original EEE scope (2005), open scope EEE (2018), and photovoltaic panels (2012). However, Member States are still tasked with determining responsibility for certain historical WEEE. Furthermore, Article 14 and Article 15 of the Directive have been updated to reference the latest European standard EN 50419:2022 on the marking of EEE.

Accerio will be reviewing the upcoming legislative updates in each Member State as well as tracking the progress of the EU Commission’s WEEE Directive review in 2026.

New Jersey Propulsion Battery EPR Law

ev car

New Jersey has taken the lead by becoming the first US state to enact an Extended Producer Responsibility (EPR) law specifically targeting electric and hybrid vehicle propulsion batteries. This law, passed in January 2024, has come out of the national and global conversations on sustainable management of electric vehicle (EV) components.

Under the new law, producers of propulsion batteries are mandated to undertake several responsibilities to ensure proper management and disposal. One of the primary requirements is the labeling of batteries to enable better tracking and management throughout their lifecycle.

The definition of in-scope batteries covers batteries used to supply power to propel an electric or hybrid road vehicle, whether embedded within vehicles or provided separately from them. However, the law exempts starter batteries and those used for industrial purposes. The scope of obligated producers encompasses various entities involved in the production and distribution chain, including vehicle manufacturers, importers, battery manufacturers, remanufacturers, and importers. We encourage you to reach out to Accerio for assessment if your company sells electric vehicles or their batteries.

Next steps for Producers:

  • Register on the state’s registration portal by January 8, 2025 (the portal is not open yet).
  • Submit annual reporting of battery sales/distribution by January 8, 2026, and each subsequent year.
  • Develop and submit a battery management plan, with the deadline determined following a state-conducted needs assessment.

The state will conduct a needs assessment to identify specific requirements for battery management plans and labeling. In the meantime, producers are encouraged to assess their obligations and prepare for registration. Please contact Accerio for assistance assessing and monitoring obligations as the New Jersey program develops.

EU Advancement on Packaging Regulation

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In a significant development, the European Council presidency and representatives from the European Parliament have reached a provisional political agreement on the regulation concerning Packaging and Packaging Waste. This is the first major update since the proposal for the EU Packaging and Packaging Waste Regulation was announced in November of 2022. This provisional agreement also marks a step towards the goals outlined in the European Green Deal.

The proposal, prompted by concerns over packaging waste, aims to address its environmental impacts and to harmonize the internal market for packaging to drive the transition towards a circular economy. Key elements of the agreement include requirements for recyclability, minimizing harmful substances, and implementing standardized labelling to improve consumer information.

The proposal includes several measures for businesses:

  • Establishment of reuse targets, restrictions on certain single-use packaging, and mandates for economic operators to minimize packaging.
  • Reduction of unnecessary packaging through setting maximum empty space ratios and decreasing packaging weight and volume.
  • Obligation for take-away/to-go food businesses to offer customers the option of using their own containers, with a target of 10% of products in reusable packaging formats by 2030.

For Member States:

  • Implementation of deposit return systems for single-use plastic bottles and metal beverage containers by 2029, aiming for a 90% separate collection rate annually.
  • Restrictions on certain packaging formats, including single-use plastic packaging and lightweight plastic bags.

Despite challenges, such as balancing access to recycled plastics, the agreement aims to stimulate investment in green jobs. The next step involves formal approval by the Parliament and Council, with the expectation of implementation before the upcoming EU elections in June 2024. Accerio will monitor developments and provide guidance on the regulation’s impact on packaging design.

Peru Draft Packaging Law

Peru Flag

The Peruvian Federal Government introduced a draft decree at the close of 2023 aimed at addressing the management and handling of packaging waste. This draft, known as the Supreme Decree Approving the Special Regime of Management and Handling of Packaging and Container Waste (REE), recently closed for public comment and is now under discussion with Congress.

One of the core elements of the draft decree is the introduction of an Extended Producer Responsibility (EPR) system tailored specifically for packaging waste. Under this system, producers, including packers, fillers, and importers, will bear the responsibility for managing and handling the packaging waste generated from their products. While the decree aims to cover a broad spectrum of packaging waste, covering primary, secondary, and tertiary packaging of most material types, certain exemptions have been outlined. These include flexible packaging, hazardous waste packaging, primary packaging for drugs and medications, wood packaging, and microenterprises with operations valued below USD 20,000.

Producers falling within the scope of the decree will be mandated to implement and administer individual or collective packaging management systems. This entails obtaining approval from the Ministry of Environment for their management plans and submitting annual declarations to track progress towards predefined collection and recovery targets to be set by the Ministry.

Accerio can assess if your company would be impacted and help your company prepare for registration if the draft is approved.

March 2024 Newsletter Read More »

January 2024 Newsletter

Newsletter: January 2024

The latest news regarding WEEE, e-waste, battery and packaging compliance

Canadian EPR Advancements

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Extended Producer Responsibility (EPR) is gaining traction across Canada as provinces make significant strides towards sustainable waste management practices. Recent developments in Alberta, Yukon, Quebec, Nova Scotia, and British Columbia highlight their efforts to transition to full EPR models, which especially impacts the programs’ funding models.

Alberta is shifting from a shared funding model between producers and municipalities to a fully producer funded EPR approach. Alberta is set to implement full EPR for packaging with registration open since November 2023. Producers will be required to meet specific thresholds of revenue and packaging volumes, and they must join a Producer Responsibility Organization (PRO) to ensure compliance. Nova Scotia has also implemented a full EPR system with producer registration currently open for initial data submissions and on track for the program to begin in 2025.

Other noteworthy updates in Canada include:

  • Yukon amendments to the Environmental Act pave the way for the implementation of Extended Producer Responsibility, starting with packaging. The draft regulation is expected to be unveiled early in 2024.
  • Quebec updated their definition of obligated producers to include online retailers and distance sellers, which took effect in 2023. Additionally, Quebec plans to amend its packaging regulations by 2030 to obligate professional packaging; they are the first province with concrete plans to scope in professional packaging.
  • In British Columbia, the first prohibition date of their upcoming plastic ban has been postponed to July 2024. This delay impacts single-use food service items, plastic shopping bags, and oxo-degradable plastics.

Due to the multiple recent and upcoming changes to legislation in the Canadian provinces, please reach out to us for an assessment. Accerio offers monitoring and full-service compliance management in Canada.

India Battery and Plastic Waste Rules Amended

The Indian Government recently introduced amendments to the Battery Waste Management Rules (BWM Rules), 2022, and the Plastic Waste Management Rules (PWM Rules), 2016.

Two notable amendments apply to both the Plastic Waste Management Rules and the Battery Waste Management Rules:

  • The Central Pollution Control Board (CPCB) is now empowered to extend the annual reporting deadline up to a maximum period of nine months beyond the yearly deadline of June 30th.
  • Extended Producer Responsibility (EPR) registration will remain valid until it is canceled or withdrawn, eliminating the need for periodic renewals.

The PWM Rules were amended for the 8th time. The amendment updates the definition of ‘Producer’ to exclude scenarios involving imports, focusing on entities directly involved in the production of plastic packaging within the country. Additionally, all obligated entities and all categories of plastic packaging are now subject to specific marking and labeling requirements, such as including the name of the entity and producer registration number on packaging that contains plastic.

The 1st amendment to the BWM Rules introduces several noteworthy changes, starting with expanding the definitions of ‘Producer’ and of obligated batteries to address identified gaps in compliance requirements. Reporting requirements have also been expanded to include batteries for self-use and pre-consumer waste generated during manufacturing, assembling, or import. Labeling requirements are also included in the amendment. Now, Producers are mandated to mark all batteries or battery packs with their EPR registration number on or before March 31st, 2025.

If your company manufactures, assembles, or imports products in India and would like to further understand your obligations, please reach out to Accerio for an assessment and registration plan.

USA PFAs Compliance

RPU Products Containing PFAS

Perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAs, have gained notoriety as “forever chemicals” due to their persistent nature and potential threats to both human health and the environment. Found in a myriad of everyday products, PFAs have become a focal point of regulatory efforts and both the United States and the European Union have taken initial steps.

In the European Union, the Stokholm Convention has been a platform for discussions on restricting the use of PFAs. Furthermore, the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) system actively manages PFAs levels. Several PFAs are listed on the REACH Candidate List of substances of very high concern (SVHC), underlining the need for stringent controls.

In the United States, the Environmental Protection Agency (EPA) has mandated U.S. manufacturers and importers of products containing PFAs to report information on PFAs uses, production volumes, disposal, exposures, and hazards. This reporting obligation impacts products manufactured and imported from January 1, 2011, to December 31, 2022, providing a comprehensive dataset for monitoring and assessing the prevalence of PFAs.

Maine has enacted a ban on intentionally added PFAs, effective from 2023 for certain products such as carpets and rugs. This ban extends to all products starting January 1, 2030. Maine requires a one-time report on PFAs, due by January 1, 2025. Similarly, Minnesota has implemented a ban on intentionally added PFAs, commencing on January 1, 2025, for specific products like carpets and cookware. The ban expands to cover all products from January 1, 2032, onwards. As part of its comprehensive strategy, Minnesota mandates a one-time report on PFAs, with a deadline set for January 1, 2026.

It is recommended that producers collect information on PFAs content in their products to prepare for reporting requirements.

January 2024 Newsletter Read More »

September 2023 Newsletter

Newsletter: September 2023

The latest news regarding WEEE, e-waste, battery and packaging compliance

EU Battery Regulation Comes Into Force

European_Commission

On July 28th, 2023, the European Commission published the EU Battery Regulation in the Official Journal of the European Union. The Regulation came into force on August 17th, 2023 and will apply directly in all EU member states after a period of 6 months. Implementation of new requirements is spread over the next several years, though it is recommended that producers begin work on the product design and testing topics as soon as possible.

Many key details have changed when compared to the EU Battery Directive. Most notably, there is now a concrete definition of ‘Portable Batteries’ as 5 kilograms or less. The definition of automotive batteries has been replaced by ‘Starting, Lighting, and Ignition’ batteries while adding separate definitions for ‘Light Means of Transport’ and ‘Electric Vehicle’ batteries.

Some requirements are specific to the type of battery, reflecting the use and life cycle of the battery types. However, all batteries will need to meet the first deadlines through complying with updated technical documentation and labeling requirements to continue selling products on the EU market.

The Commission will adopt delegated and implementing acts under the new Batteries Regulation beginning in 2024 to detail remaining requirements and provide guidance to member states. Please contact Accerio to assess the impact of the EU Battery Regulation on your products and EPR obligations.

Accerio Sponsorship of PSI EPR Forum

Accerio was a Sponsor of the Product Stewardship Institute (PSI) 2023 US Product Stewardship Forum held in September. This event, which was attended by Accerio’s dedicated North American EPR legislative team, brought together a diverse group of stakeholders to discuss the USA EPR landscape. We were able to share our own expertise and knowledge with fellow attendees while meeting US Producers, legislators and other key stakeholders to discuss upcoming legislation and impacts to our clients in the coming years.

A main topic of the Forum was the upcoming US state packaging programs, featuring a panel discussion with representatives from Oregon, Colorado, California, and Maine. They provided details on how each state will structure their upcoming packaging programs. A frequently raised issue at the Forum was the desire for harmonization between states, an issue that has affected EPR success across the US and Canada. As USA e-waste, battery, and packaging programs expand, Producers, states, and consumers would benefit greatly by aligning their definitions, labeling requirements, and targets. Accerio has seen this firsthand through our many years of experience in countries outside the US.

USA EPR has made significant strides over recent years and is growing rapidly. PSI actively tracks each state’s proposals and organizes events like the Forum and webinars to bring together stakeholders. PSI did an excellent job of organizing a successful event; Accerio is proud to have been a sponsor and to have had the opportunity to connect with like-minded people.

Australia Proposed Revision to WEEE Regulations

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The Australian government recently published a discussion paper proposing to revise and extend the current regulatory framework for Electrical and Electronic Equipment (EEE) in Australia. Currently, the scope of EEE is limited to TVs, computers, printers and computer peripherals. Additionally, under existing law producers/importers must meet certain thresholds before they are required to register with a product stewardship scheme.

The discussion paper recommends:

  • expanding the scope of EEE products to all small electronic and electrical equipment found in homes and small businesses, which would also cover solar photovoltaic (PV) systems.
  • tasking the Australian government with developing a product stewardship scheme for obligated EEE products and their embedded batteries. They are proposing that a unit threshold model for obligated EEE products still apply.

The Department of Climate Change, Energy, and the Environment and Water (DCCEEW) hopes to make a formal recommendation of proposed changes to the Government by the end of 2023. DCCEEW mentioned in a webinar earlier this year that legislation could be in place by the end of 2025 should the government decide to move forward with the legislative changes.

September 2023 Newsletter Read More »

June 2023 Newsletter

Newsletter: June 2023

The latest news regarding WEEE, e-waste, battery and packaging compliance

Washington State Signs Battery EPR Bill

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In May 2023, the governor of Washington State signed SB 5144, a new Extended Producer Responsibility (“EPR”) battery law providing for responsible environmental management of batteries. The law’s EPR obligations cover portable and medium format batteries (batteries up to 25lbs), as well as devices that contain such batteries. Products within this scope will be gradually phased into program management between 2027 and 2029. However, certain exemptions apply based on battery removability, battery or product function, and battery size and chemistry.

Obligated producers are the battery or battery containing product’s manufacturer, brand owner/licensee, importer of record, or first person to place on the market. Producers must join a stewardship organization (collective organization) starting 2027. Additionally, battery labeling requirements are phased in from 2028-2030. The labeling requirements apply to all covered batteries and battery-containing products, plus large format batteries (batteries greater than 25lbs and rating more than 2000 watt-hours).

Washington also has an active E-Waste EPR legislation covering certain products containing screens. Please reach out to Accerio for an assessment of obligations in Washington and for updates as the program develops.

Maryland's First Step towards Packaging EPR

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The State of Maryland passed legislation SB-222 with an effective date of July 1, 2023. The law aims to carry out a statewide ‘Needs Assessment’ of the current recycling systems. Unlike the other packaging extended producer responsibility laws in California, Colorado, Maine, and Oregon, SB-222 does not detail rules for producers but rather informs future EPR laws in Maryland.

To achieve that, SB-222 calls for the creation of a producer responsibility organization (“PRO”) and a producer responsibility advisory council. The advisory council is responsible for providing recommendations for the establishment and implementation of a PRO in the state for packaging materials. Recommendations will include responsibilities of producers under the PRO. The Office of Recycling in the Department of the Environment will carry out the statewide recycling Needs Assessment through an independent consultant. On or before December 1, 2024, the advisory council will report its findings and recommendations to the governor.

Accerio will be tracking the result of the Needs Assessment and subsequent development of the packaging EPR program in Maryland. Please contact us for assessment of your company’s obligations under USA EPR laws.

Changes Ahead for Canadian Compliance

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Canada has several updates to provincial/territorial EPR programs on the horizon, both to existing and upcoming legislation. There are already 9 hazardous waste laws, 7 battery laws, 5 packaging laws, and 12 WEEE laws active that obligate a variety of selling models for EPR.
The following changes will impact producers:

  • Quebec updated their producer definition for multiple EPR waste streams, now obligating online retailers and distance sellers. In most cases, interest is charged for back-reporting.
  • Saskatchewan household packaging is transitioning to full EPR. Prior to the change, producers are responsible for 75% of program costs transitioning to 100% of costs under the new system.
  • The New Brunswick Packaging + Paper Program is shifting away from a municipal-funded collection system to an EPR program.
  • Northwest Territories published draft legislation to serve as the legal basis for future EPR programs. If approved, initial work will determine which waste streams will be covered.
  • Yukon commits to implement EPR by 2025 for household batteries, packaging, and hazardous waste, as well as automotive waste, though no further announcements have been made.

Accerio can assess your company’s current and future obligations, manage registrations, and provide legislative monitoring.

Uruguay Draft WEEE Regulation

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The Uruguayan government published a draft for the Regulation on Comprehensive Management of WEEE (Reglamento para la gestión integral de residuos de aparatos eléctricos y electrónicos) on February 27, 2023. As of today, it is under discussion in congress and has not been approved.

The draft proposes to implement an EPR system for General WEEE producers and importers, including obligations to register and implement an individual or collective management plan for WEEE, and collection and recycling targets. The draft distinguishes between “General” and “Non-General” WEEE, the former being those devices that can be used indistinctly in household, businesses, or industry, and the latter are those devices that are specifically destined to be used in business or industrial environments. The regulation will not impose EPR obligations to producers and importers of Non-General WEEE but includes obligations to other stakeholders involved in waste management, such as waste processors and recyclers. The draft regulations will apply to an open scope of Electronic and Electric Equipment (“EEE”), including components, consumables, their accessories, and their integrated batteries. If approved, there will be requirements for EEE producers to promote durability and repairability and inform consumers of repair and take-back options.

Though the finalized timeline will not be clear until approval, the current draft indicates collection target deadlines beginning in 2024 and scaling up to an 85% collection target 5 years after the law’s publication. Accerio will update potentially impacted clients if the draft is approved.

June 2023 Newsletter Read More »

September 2022 Newsletter

Newsletter: September 2022

The latest news regarding WEEE, e-waste, battery and packaging compliance

California Packaging and Battery EPR Laws

California

Several advances have been made to introduce EPR legislation in California over the course of 2022. This summer, Senate Bill 54 was passed to create an EPR packaging program. The law aims to reduce and eliminate single-use packaging, increase compostable packaging on the market, and move towards increasing recyclability of packaging. In-scope products include single-use packaging and plastic single-use food service ware imported or sold in California, which must be recyclable or compostable by 2032. To comply, producers can either form or join a Producer Responsibility Organization (PRO) by 2024.

Two California battery laws passed as well. The first law, the Responsible Battery Recycling Act of 2022 (AB 2440), introduces EPR on easily removable batteries and will replace the current Rechargeable Battery Recycling Act of 2006, repealing the old law starting January 1, 2027. Obligated producers must join a stewardship program for the collection and recycling of covered batteries. The second law, SB 1215, expands the definition of covered devices in the Electronic Waste Recycling Act of 2003 to include battery-embedded products. Starting January 1, 2026, retailers are responsible for charging the California consumer a visible fee for each product purchased with batteries that cannot be easily removed.

Please contact Accerio for more information if your company is currently selling or plans to sell products in California.

New India EPR Rules and Draft Rules

The India Ministry of Environment, Forest and Climate Change has made recent changes to extended producer responsibility (EPR) regulations. The Ministry issued new rules for battery and packaging, and is working on the draft for WEEE management. 

Most recently issued are the Battery Waste Management Rules, 2022 that replace the Batteries Management and Handling rules from 2001. Local producers and importers of batteries will be responsible for collection and recycling or refurbishment of waste batteries. The updates also include an improved system for producers to report on their obligations via an online EPR portal.  Obligated producers can comply through a collective organization or through an individual system. 

In February of 2022, the Plastic Waste Management Rules, 2016 were amended to include details on plastic packaging EPR. The rules obligate producers, importers, brand owners and plastic waste processors to follow EPR requirements for four categories of plastic packaging.

There are also proposed changes to the E-Waste Management Rules, 2016. Most impactful would be the expansion of product scope to include additional categories of IT and household electronics. Please reach out to Accerio if your company imports product into India and would like an assessment of obligations.

Implementation of the EU Packaging Levy

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The EU Packaging Levy was published in 2020 to support the goals of the EU Green Deal and the Recovery plan for Europe (also known as Europe’s Covid-19 recovery package). EU Member States must contribute €0.80 for each kg of plastic packaging waste that is not recycled at end of life (based on average Eurostat data in respective base years).

Each Member State can either cover these costs via their national budget or pass them through to the respective industry streams by:

  • Introducing a new Plastic Packaging Taxation on non-recycled plastics
  • Integrating them into existing packaging-related taxes or fees, such as EPR fees
  • Introducing other fiscal measures such as reduced subsidies or tax and fee exemptions

Some Member States have already introduced a new plastic tax (such as Spain and Italy) and more are expected to follow suit. As this taxation is focusing on non-recycled content so far, the demand for recycled plastic is expected to rise significantly.

Spain Packaging and Packaging Waste Law

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The Ministry for the Ecological Transition and the Demographic Challenge has proposed a new Packaging and Packaging Waste Law to replace Law 11/1997 of 24 April 1997. The draft law would incorporate the EU Packaging Directive and the EU SUP Directive into the Spanish legal framework.

Key proposed changes are:

  • Expanded scope of EPR regulations to include household, commercial and industrial packaging
  • An obligation for producers to register in a new Packaging National Register and be responsible for the environmentally sound management of the packaging they place in the Spanish market. All foreign producers are obligated to appoint an AR
  • Obligations for online marketplaces to bear responsibility as a subsidiary producer, for products placed on the Spanish market via their platform in the case that the foreign producer has not registered
  • Options for producers to comply collectively or individually, with additional obligations for large producers to set up and apply a prevention and eco-design business plan

This law is currently in a revision phase. The EU Commission has issued their Expert Opinion urging the Spanish Government to reconsider some of the dispositions in the draft that have been considered by the Commission as creating obstacles to the free movement of goods, or the provision of services, as well as possible cases of non-conformity with Union Law. Consequently, the publication of the Law is suspended until November 7, 2022 and is subject to informing the Commission of the measures it intends to take in response to the opinion. Accerio will update our clients once the law is published with next steps.

September 2022 Newsletter Read More »

September 2021 Newsletter

Newsletter: September 2021

The latest news regarding WEEE, e-waste, battery and packaging compliance

EU Market Surveillance Regulation

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The EU Market Surveillance Regulation came into force on the 16th of July 2021, in the EU and Northern Ireland. As it is a regulation, it became binding in all EU Member States without the need for transposition into their national legislation. The new framework aims to ensure that all WEEE, Batteries, and Packaging products placed in the EU market meet the criteria set by the EU sectoral legislation. It tightens both the surveillance and enforcement of EPR legislation on the EU and national level.

Relevant Changes:

  • The definition of ‘Placing into the Market’ is broadened to include all distance sales to end users, such as via websites and e-commerce.
  • Economic Operators, such as EU manufacturers, importers, fulfillment service providers, and Authorized Representatives, are obligated to provide relevant authorities with information on product compliance and should ensure that the sellers they work with are fully compliant.
  • All Non-EU entities selling directly to end users must appoint a European Authorized Representative and comply with the legislation prior to supplying obligated products to the EU Market.

Please contact Accerio for more information about the Market Surveillance Regulation’s impact on your requirements.

Austria Battery Law Update

The definition of ‘Producer’ will be expanded in an updated Austria battery law. Under the current law, only local Austrian entities are obligated, while the new definition of ‘Producer’ will also include foreign entities selling into Austria. Obligated foreign producers will be required to appoint an Authorized Representative starting on the 1st of January 2022.

This change makes the Austrian battery law more in line with obligations in most other EU countries, following the general trend toward harmonization of legislation. Additionally, the update allows for non-Austrian entities selling from the EU to take over Austrian reseller obligations by appointing an Authorized Representative.

Account Managers will be contacting Accerio clients who are impacted by this change. With the upcoming requirements beginning 1st of January 2022, it is recommended that obligated producers begin the registration process in Fall 2021.

Expansion of Producer Obligations in Canada

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EPR obligations exist across Canada for WEEE, Batteries, and Packaging. Currently, 12 of Canada’s provinces and territories have active WEEE regulations, 6 have Small Battery laws, 4 have Lead Acid Battery requirements, and 5 have Packaging laws.

In recent years, several new provincial programs have begun while existing programs have expanded their product scope. The WEEE product scope is regularly updated and there is discussion of electric vehicle batteries coming into scope in multiple provinces. One of the most impactful changes has been the implementation of Ontario’s EPR laws. The Ontario laws require obligated producers to register with the newly established Ontario Authority for WEEE, Batteries, and Packaging. Small producers are only required to register and report, while large producers have registration, management, and public education requirements.

It is increasingly important for companies to understand their obligations across Canada. Accerio provides assessment, monitoring, and registration services for companies selling into Canada.

The UAE Waste Management Law

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The United Arab Emirates passed the Law on Integrated Waste Management in December 2018 that provides a framework for EPR, though the implementation of WEEE, Batteries, and Packaging obligations were not included in the legislation. On the 21st of June 2021, the UAE cabinet passed Resolution No. (39) of 2021: Implementing Regulations to the law 12/2018 on Integrated Waste Management. The resolution outlines several compliance requirements for importers and local UAE entities supplying all types of EEE or Batteries to end users.

Obligated entities must:

  • Pay into a national recycling fund.
  • Contract an approved PRO.
  • Submit regular reports of product take back.
  • Finance the take back and treatment of end-of-life products.
  • Implement collection boxes at retail locations.

This is the most comprehensive EPR law yet in the region, something that we can expect to see more of as circular economy programs take a central place in countries’ economic and environmental plans.

September 2021 Newsletter Read More »

July 2021 Newsletter

Newsletter: July 2021

The latest news regarding WEEE, e-waste, battery and packaging compliance

Upcoming Changes to Germany’s WEEE and Packaging Requirements

Changes to both the WEEE and Packaging legislation in Germany have recently been approved, expanding producer obligations.

The updated packaging law will come into force on the 3rd of July 2021 and the WEEE law on the 1st of January 2022. Both laws put more responsibility on fulfilment service providers and online retailers to confirm that their sellers are correctly registered.

German Packaging Act – Amendment 2021
Beginning the 3rd of July 2021, registration requirements with the Zentrale Stelle Verpackungsregister will apply to more producers and distributors, starting with final distributors of service packaging. Additionally, starting July 2022, the scope of obligated packaging requiring registration will be expanded to include all packaging types as well as packaging sold to professional/industrial environments.

Other changes include:

  • Optional appointment of authorized representatives for distance sellers
  • The extension of the deposit system to single-use PET beverage bottles and cans
  • Requirements for final distributors to offer reusable alternatives for single-use plastic

German WEEE Legislation Elektrogesetz 3
The changes under Elektrogesetz 3 primarily impact producers of professional products, coming into force over 2022 and 2023.

The requirements include:

  • Inform the authority about available take-back beginning in 2022
  • Expanded product marking of B2B EEE products in 2023

Sales/distribution of unregistered products is not allowed and carries risk of significant fines for noncompliance. With the earlier update of BattG2-2020 the German Battery legislation (BattG2) all three disciplines have now been resolved. Please contact Accerio for assessment of your company’s obligations under these changes.

UK Packaging Legislation and Plastic Tax

The UK has several big changes to their packaging legislation on the horizon. The first change is a new tax on plastic packaging that does not contain at least 30% recycled materials. This was outlined in our previous newsletter, but the start date of April 2022 is drawing closer, so please contact your packaging suppliers to obtain the evidence you require.

In addition to the plastic tax, the UK is replacing the packaging law under the EU Packaging Directive with more comprehensive Extended Producer Responsibility legislation. This will move the system to a single point of compliance along the packaging supply chain, instead of spreading it out through several links of the supply chain. This change obligates a single responsible party to cover the complete net cost of the recovery and recycling of their packaging. Additionally, the new legislation would shift the financial responsibility of curbside recycling and litter collection from local taxes to the obligated parties.

The legislation is not finalized, but the likely changes are:

  • A lower obligation threshold to obligate companies that handle more than 25 tonnes of packaging and have a turnover of at least 1 million GBP; this greatly expands the number of obligated companies
  • Introduction of modulated fees that requires more detailed reporting of packaging materials, including the kind of plastics used. The fee modulation reflects recyclability of packaging materials and will be required for reporting of 2023 sales
  • More detailed geographical reporting separated by England, Scotland, Wales and Northern Ireland markets, instead of just UK as a whole as it is presently
  • A new labelling system for packaging to ensure end users can easily tell if packaging waste can be recycled. This is expected to come into force for some packaging by 2024/25 and other packaging by 2026/27, though details on packaging types included in each phase is not yet available

The legislation has closed the consultation stage and the finalized law may differ from what is laid out above. However, big changes are certain, such as the need for producers to gather more detailed product packaging information and budget more for UK packaging compliance from 2023 onwards. Accerio will continue to monitor this legislation and will be in touch with any impacted clients.

New Washington D.C. Battery Law

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Image courtesy of Marco Verch

Washington D.C. has approved Law 23-211 Zero Waste Omnibus Amendment Act 2020, which obligates producers for distance sales and retail sales of batteries starting 1 January 2022.

Washington D.C is the first US district/state/territory to introduce EPR laws for both small rechargeable and non-rechargeable batteries. US EPR obligations are rapidly expanding, so similar laws are likely to develop elsewhere to significantly increase battery obligations for producers.

The Washington D.C. Act has an extensive scope, obligating all chemistries of standalone batteries and batteries integrated into certain products, with exemptions of products containing batteries that are already covered under Washington D.C.’s E-Waste law and specified product types . Companies selling covered integrated and standalone batteries into Washington D.C. will be required to enroll in a district approved battery stewardship plan. Please contact Accerio for an assessment and more details on Washington D.C’s battery and e-waste requirements.

July 2021 Newsletter Read More »

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