June 2023 Newsletter

Newsletter: June 2023

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

Topics for June 2023

Washington State Signs Battery EPR Bill

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

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

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

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.

March 2023 Newsletter

Newsletter

Newsletter: March 2023

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

Topics for March 2023

EU Packaging Regulation Proposal

In November 2022, the European Commission proposed a European Packaging and Packaging Waste Regulation, addressing crucial sustainability and safety topics throughout packaging’s entire life cycle. A key distinction between the proposed Regulation and current Packaging Directive is that the Regulation will create a harmonized framework for all EU Member States without transposition in their local legal system. If approved, the Regulation will repeal the currently in force Packaging Directive.

Key aspects:

Obligations for all parties in the supply chain who place packaging on the EU market, for all packaging levels (primary, secondary and tertiary), and all packaging materials
New obligations throughout the life cycle of packaging, starting from its design and manufacturing to its end-of-life. Touching upon topics such as:
- Recyclability
- Minimum recycled content in plastic packaging
- Targets for reusable packaging usage
- Harmonized packaging labeling
- Mandatory Authorized Representative appointment in each Member State where the obligated party places products on the market
- Provisions on communication of information to end users
Prohibition on Member States introducing additional sustainability requirements if they are contrary to the Regulation’s provisions or restrict the free movement of goods in the EU Single Market

It is of note that the provision forbidding contrary or restrictive sustainability requirements is in line with the recent infringement procedure by the EU Commission that included the France Triman labeling requirements. More specifically, the Triman initiative has been considered an action that leads to the fragmentation of the Single Market; the EU Commission has called France to comply with its legal obligations deriving from the EU law. France has until 15th of April 2023 to respond to the concerns of the EU Commission.

The legislative process for drafts like the Packaging Regulation lasts around 18 months but there are steps that you can take to prepare. Please contact Accerio for more information and assistance preparing for the Packaging Regulation.

New E-Waste Rules in India

The Indian government announced new E-Waste Management Rules (E-Waste Rules) on November 2nd, 2022 that are set to enter into force on April 1st, 2023. The E-Waste Rules will replace the E-Waste Management Rules 2016. The legislation will apply to manufacturers, producers, refurbishers, dismantlers, and recyclers involved in any part of the product’s life. The scope has been greatly expanded from the 2016 E-Waste Rules to include solar photo-voltaic panels, certain IT equipment, additional consumer devices, tools and appliances, as well as medical devices.

Manufacturers and Producers shall comply with Extended Producer Responsibility obligations, which among others, are:

Registration through the new centralized portal
Fulfillment of annual EPR targets
Submitting annual and quarterly reports

The E-Waste Rules also allow for reductions in management quantity through purchasing refurbishing certificates. Additionally, there are important changes to the responsibilities of Bulk Consumers, reducing their obligations and shifting responsibilities to other parties in the supply chain. Contact Accerio for an assessment of your obligations under India’s new E-Waste Management Rules.

Belgium Draft Repairability and Durability Legislation

In September 2022, the Belgium Ministry of Environment published a draft law together with three draft decrees on the subjects of Repairability and Durability score for electronic devices (as well as software compatibility). The draft law introduces a repairability index for electronic devices. The proposed standards are similar to those in France’s 2020 AGEC Law. Belgium’s proposed index is based on several criteria, such as the availability of technical information and maintenance manuals, the ease with which the product can be dismantled, the availability of spare parts and their delivery time, and the price of spare parts.

The new law will also be introducing a durability index as a possible way to supplement the repairability index. The draft decree provides the modalities of communication, format of the repairability index and accessibility to technical standards, a software compatibility obligation, as well as the products covered by the repairability score (some examples of the covered products are washing machines, smartphones, TVs, and laptops).

Public consultation on the drafts closed on the 22nd of March 2023. The drafts are now in the first reading phase at the Federal government level and a publishing date has yet to be announced. The drafts are scheduled to enter into force 6 months after its publication.

September 2022 Newsletter

Newsletter

Newsletter: September 2022

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

Topics for September 2022

California Packaging and Battery EPR Laws

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

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

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.

June 2022 Newsletter

Newsletter

Newsletter: June 2022

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

Topics for June 2022

Colorado Passes Packaging EPR Law

Colorado is joining Maine and Oregon on the short list of US states to pass EPR packaging legislation. Colorado HB22-1355 passed the state senate in May and was signed into law in early June. The bill aims to increase the state’s recycling rate from 15% to 80% through a program that will be fully funded by producers.

The primary obligated producers are product brand holders selling primary/sales packaging materials and paper products, though there is a small producer exemption. Producers are required to appoint a Producer Responsibility Organization (PRO) or establish an approved individual plan by the first program deadline in January 2025.

Accerio is monitoring for decisions on details like exact targets, approved PRO’s, and costs; so please reach out if you sell products into Colorado to stay updated on program development.

An Introduction to European Eco-Modulation

Eco-modulation (part of the eco-design concept) penalizes the use of materials that are less environmentally friendly and rewards the use of those with lesser environmental impacts. Its general goal is to promote eco-design approaches with producers on issues like waste prevention, reduction of highly polluting materials , and increased product lifespan, all leading to a more circular economy. Then through the eco-modulation fee structure of collective organizations, producers receive a return on investment for their eco-design efforts.

The first European country to introduce this concept was France. However, it has been gradually introduced in other EU Member States and now at the EU level. In January 2023, the EU Eco-Modulation Directive will come into force. Although this legislation is not yet in force, several EU countries have begun implementation of their own eco-modulation models.

Examples include:

Germany: Collectives are obligated to charge lower fees for packaging consisting of more recyclable materials.
Netherlands: There is an option to apply for a fee discount for packaging containing plastic that has higher recyclability or residual value.
UK: The authority is considering eco-modulations in the upcoming review of WEEE and Packaging legislation. Additionally, a new plastic packaging tax has been implemented for plastic packaging containing < 30% recycled content.
Czech Republic: Provisions for Eco-Modulation are in the national legislation; however, they are not yet implemented by collective organizations.
Estonia: From 2023, the collective organizations will modify the fees for packaging containing one material vs. composite materials (multilayered packaging).

Deadline for Germany Packaging Registration

The packaging legislation in Germany was revised in 2021 (an article on the topic can be viewed here), with an important upcoming implementation date for all obligated producers of packaging. From July 2022 onwards, all producers need to be registered at the packaging authority Zentrale Stelle Verpackungsregister.

Registration is now also required for packaging that ends up in purely industrial environments and transport packaging, while the prior legislation only required registration for packaging subject to system (scheme) participation. Producers of ‘non-scheme packaging’ must also maintain records of packaging taken back, though regular reporting to the authority is not required.

The registrations for non-scheme packaging can be completed now. Producers who are already registered with Zentrale Stelle Verpackungsregister and a scheme are encouraged to assess if they are selling non-scheme packaging as well. In that case, the existing registration at the authority must be updated to indicate additional packaging types.

United Kingdom Packaging EPR Reform

The UK Packaging EPR legislation, that has been in force since 1997, fails to cover the full costs of disposing of packaging waste. A new EPR legislation, currently under consultation, aims to transfer the full cost of treating household packaging to the producers. This would make the producer responsible for the costs of their packaging throughout its life cycle, also known as the “polluter pays” principle. For packaging waste arising from businesses, producers will be responsible for contributing to a portion of the costs associated with recycling it when it becomes waste, through purchasing price-variable packaging recycling evidence (PRNs) in line with their business waste recycling obligation.

The new EPR system will obligate producers of household packaging to:

Meet new recycling targets
Pay higher fees for less sustainable packaging
Use clear unambiguous recyclability labelling to help consumers sort waste

Through these requirements, the draft legislation would encourage producers to reduce packaging material usage and use a higher percentage of recyclable packaging. The law is expected to come into force in 2023 and will impact companies with a UK presence who place obligated packaging on the UK market.

March 2022 Newsletter

Newsletter

Newsletter: March 2022

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

Topics for March 2022

France Labeling Obligations for Household Products

According to the French Anti-waste Law and the respective Decrees published on the 29th of June 2021, producers placing Household products obligated under EPR on the French market are required to mark their products with the Triman symbol and the accompanying harmonized sorting information, as approved by the French Authorities.

The products affected are:

Household WEEE
Portable Batteries and Accumulators
Household Photovoltaic Panels
Household Lamps
Household Packaging

On the 15th of December 2021, the French Authorities approved harmonized sorting and return information that will accompany the Triman logo for the first four product categories. After thorough consultations, the respective eco-organizations confirmed the finalized format and issued the labelling guidelines for producers in mid-January 2022. The packaging information was approved earlier in 2021, with a slightly different format than the other four product categories.

The Triman symbol and the sorting information became mandatory on all household products as of 2022, though there is an extended period for producers to bring products into compliance. Please contact us for more information on the new requirements.

Phase 6 of the UK WEEE DTS is Up and Running!

Under the UK WEEE Regulation, household WEEE distributors are obligated to provide a free of charge, one-for-one basis take-back option to private end-users. This requires the distributor to take any product back for recycling when a private end-user buys a product that fulfills the same function, regardless of the EEE brand or its original seller.

Distributors have two compliance options to fulfill this requirement:

Offer in-store take-back of WEEE on a one-for-one basis or
Join the Distributor Take-back Scheme (DTS)

DTS is an approved scheme by the UK government that has been running in two-year phases since 2007. The most recent phase (Phase 6) runs from the 1st of January 2022 through December 2023. Being a DTS member exempts distributors from the obligation to provide in-store one-for-one take-back. The DTS increases the rate of WEEE collection, reuse and recycling in the UK while making complying with take-back requirements feasible for foreign and online distributors. Accerio assesses clients for distributor obligations on an ongoing basis and makes recommendations on the best compliance options. Please contact us for more information on the DTS and compliance in the UK.

Marketplaces’ New Role in EU EPR Compliance

Marketplaces are online platforms that enable businesses to offer their products for sale under their own name, risk, and liability, directly to end-users and resellers. The marketplace acts as an intermediary, providing a platform to bring sellers and buyers together to conclude sales contracts in which the marketplace itself is not party.

Unfortunately, online retail through marketplaces has been a common sales channel of non-compliant or ‘freeriding’ producers in the EU. Addressing this has been discussed in the EU for many years and is a stated priority in the preparation of the 2023 Waste Framework Directive. Though no official guidance has been published by the EU, a few member states have proactively defined the marketplaces’ role in the EPR compliance framework.

Beginning the 1st of January 2022, France AGEC law established that marketplaces hosting obligated products are required to comply with the French EPR legislation on behalf of the producers selling through the platform or ensure the producers themselves are compliant. In response to these requirements, most marketplaces require evidence or supporting documentation of the producer’s compliance for each applicable EPR waste stream as a condition to sell through the marketplace.

In Germany, the German Packaging Act, VerpackG, details a supervisory role for marketplaces over their vendors’ packaging compliance. Third parties who sell through an online marketplace are required to provide their EPR registration number to the marketplace. If the producer fails to provide this information, the marketplace is obligated to ban them from selling through their platform.

In both examples, marketplaces face significant fines if they fail to follow these requirements. Accerio is monitoring the development of EU-wide legislation and, in the meantime, similar measures that are expected to be adopted by other countries.

Draft of a Circular Economy Law for Mexico

The Mexican Senate approved the Circular Economy General Law draft on 18 November 2021, now under review of the Environment and Natural Resources Commission of the Chamber of Deputies. The law would promote the efficient use of products, services, materials, energy, water, and secondary raw materials, by means of clean manufacturing and principles of reuse, recycling, and redesign. Mainly, the purpose is to transition from a linear to a circular economy in Mexico.

If approved, the Law will create the following obligations for EEE and packaging producers:

Packaging producers must prepare and file a Circular Economy Plan and EEE producers must have a Waste Plan in place with the Ministry of Environment and Natural Resources (“SEMARNAT” for its acronym in Spanish).
Producers will need to meet consumer communication requirements as well as collection, recovery, and valorization rates that will be set in the secondary legislation.
Producers must also consider minimum recycled plastic content goals for packaging, starting with 20% by 2025 and 30% by 2030.

Accerio will monitor the progression of the law and reach out to clients who are likely to be impacted by the requirements. The draft details significant sanctions for infractions to the law, so we encourage producers to contact us for more information.

December 2021 Newsletter

Newsletter

Newsletter: December 2021

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

Topics for December 2021

Current & Upcoming USA Packaging Laws

2021 was a very active year for the development of EPR packaging laws across the United States. Maine became the first state to pass an EPR packaging law in July of 2021. Maine is now entering a two-year rule making process to establish the program itself. The law obligates both local and foreign brand owners, and importers who are importing on behalf of foreign brand owners. Obligated companies who do not qualify for the small producer exemption will be required to either implement a takeback and recycling program or join the Packaging Stewardship Program once it is approved by the State for all obligated packaging materials.

Just one month later, Oregon passed the Plastic Pollution and Recycling Modernization Act in August 2021. Oregon’s law comes into force in July 2025, obligating local and foreign brand owners, licensees of brands, and importers who import on behalf of foreign brand owners. Oregon’s scope of obligated materials and small producer exemptions are similar to Maine’s; however, Oregon has a more aggressive timeline for implementation and higher fines for non-compliance.

Currently there are 10 other states with draft EPR packaging legislation, mostly under review by state legislators. We encourage all producers selling to US states to reach out to Accerio for state-level assessments of current WEEE, battery, and packaging obligations.

Draft Packaging Law in Spain

To update their 20-year-old packaging waste regime, Spain has introduced a draft Royal Decree on Packaging and Packaging Waste. If implemented, the Royal Decree will repeal the existing legislation, replacing it with requirements in line with EU Directive 2018/52 of 30 May 2018, which modified Directive 94/62/CE on packaging and packaging waste to incorporate principles of circular economy and reuse of packaging. Additionally, the Decree will apply the content of EU Directive 2019/904 of 5 June 2019 (SUP Directive) on single use plastic packaging and the reduction on the impact of these products in the environment. The new regime will establish an EPR program for all packaging materials & sectors, as well as a deposit, refund, and return system for all packaging and packaging waste.

For obligated producers, compliance can be direct with the national authority or through a collective organization. The fee structure under collective compliance includes eco-modulations following circular economy criteria, including penalties for materials that do not meet the efficiency criteria.

The public consultation period ran through October 2021, followed by introduction of the draft to Spanish Parliament for discussion and approval. Please contact us for more information on compliance options and the provisions of the draft Decree. Accerio will contact impacted clients once the Decree is approved.

New Waste Act in Finland

Beginning in July of 2021, the obligated producer definition expanded in Finland’s new Waste Act to all foreign producers, including foreign producers and distance sellers of batteries and packaging. Before the reform, foreign producers were only obligated under the WEEE legislation. Additionally, Foreign producers can now voluntarily take over the EPR obligations of their Finnish resellers and distributors.

The Act also includes stricter provisions on products themselves, with requirements for safety, quality, and sustainability during the manufacturing process. For example, the producer must ensure that products do not have excessive or unnecessary packaging. And considerations must be taken during the design phase, such as ensuring that EEE containing integrated batteries/accumulators can be easily removed, to encourage a longer lifespan for devices.

If your company is selling into Finland, please contact us to begin an assessment and the registration process. The first deadline for producer registrations is rapidly approaching at the end of 2021.

July 2021 Newsletter

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

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.

November 2020 Newsletter

Newsletter

Newsletter: November 2020

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

Topics for November 2020

Singapore Packaging Update

The next phase of Singapore’s new suite of Extended Producer Responsibility Waste laws, incorporating Packaging, is ready to roll out in Q1 2021.

The spirit of intention of this legislation is to drive a reduction of packaging waste in Singapore, with a focus on packaging reduction and re-use, recycled content, and increased recyclability of packaging.
Actors who meet the definition of packaging producer in Singapore, include local entities who are importing regulated goods and packaging into Singapore.

Packaging Producers will be required to collect packaging data starting from January 1 2021 in order to be prepared for packaging reporting by the end of the year. The reporting required involves submission of plans that indicate initiatives to reduce packaging pollution, including specific targets and performance indicators and reviews of progress.

The Singapore Resource Sustainability Act focuses on definitions of exclusion, and most regulated goods and specified packaging are in scope, unless they meet any of the exclusion criteria. The list of regulated goods is available, and Accerio can help to determine if your products meet the definitions.

Penalties for non-compliance are not insignificant and include financial penalties with steep daily fines in some cases and imprisonment for persistent non-compliance and subsequent convictions.

If your company is importing regulated goods and packaging into Singapore, or if you unsure if your products fall into the definitions of regulated goods, please reach out to Accerio for assistance to register and be compliant with the Singaporean law.

EU Tax on Non-Recyclable Plastic

January 1, 2021 the EU non-recyclable plastics tax will come into effect. The tax is part of a Coronavirus recovery package. The €0.80 per Kg tax will be levied on EU Member state governments and will be calculated on the reported weight of non-recyclable plastic placed on the market in each country. Lesser economically developed countries will be granted exemptions.

Because it is individual EU Member States and not the non-recyclable plastics Producers themselves who are covered by this tax, it leaves a great amount of discretion for how this cost could be passed on to Producers, or not, as they see fit. Specific details are not yet available about which products the tax will apply to, or what exemptions may exist.

Because EU Member states will receive tax incentives from the EU Commission for higher rates of recycling, it is reasonable to expect that they will enact punitive economic instruments and policies targeting Producers who place unrecyclable plastics on the EU market. Whilst we cannot yet tell what the costs will be to Producers, what we can expect is enhanced scrutiny of plastics reporting by Producers, and almost certainly some kind of increase in fees and costs for Producers affected.

Regardless of the specific outcome of this tax, the trend is clear. There is a consistent push towards more recyclable packaging, and less of it, with taxes and laws coming into force in the next 12+ months in many European Member States. In anticipation of fee increases from this tax and other similar policies there is a window of opportunity now for Packaging Producers to analyze packaging used and work with supply chains to identify unrecycled plastics in use and possible recyclable alternatives, as well as potential to reduce the amount of packaging used.

Ontario 2021 WEEE Law Relaunch

On January 1, 2021 the new Ontario Electronic Waste law (The Electrical and Electronic Equipment (EEE) Regulation under the Resource Recovery and Circular Economy Act, 2016, O. Reg. 522/20: Electrical and Electronic Equipment) comes into force, obligating an expanded range of Electrical and Electronic Equipment. Products covered by the law include Telecommunications, Audio visual, and IT products, with spare parts and cables now included as well.

It is important to note that rechargeable batteries sold integrated in products were previously exempted, however all chemistries of integrated batteries will now carry obligations under the new E-Waste law. All standalone batteries, of all chemistries weighing < 5Kg are covered by Ontario’s new Battery law that commenced on July 1 2020 and was covered in our last newsletter.

The registration deadline with the Ontario authority was originally set for November 30, 2020, which didn’t permit much time to prepare, so this has been extended now until January 31, 2021. Registration requires submission of sales data from 2018 and 2019 in order to determine obligation thresholds, so Producers who have been selling Electrical and Electronic Goods, products with integrated batteries, or stand-alone or replacement batteries from that time frame should please contact Accerio as a matter of high priority for assistance in preparing reporting data in time for your registration application.

Please note that for Accerio clients who are currently already registered and complying through the collective EPRA will also need to register with the Authority (RPRA) but can continue complying through a collective organization, and your Account Manager will contact you to process this adjustment.

Year-End Reporting Preparation

2021 is almost upon us, and with it comes the end-of-year WEEE, Batteries, and Packaging reporting. All Producers selling these types of goods anywhere in the EU will be required to report, which makes for a lot of very tight deadlines at a busy time of the year.

As a reminder, here are a few tips to make the process as streamlined as possible; please let us know here at Accerio if:

- There have been any product changes that you may not have advised us of yet. Please send us SKU numbers, weights and technical specifications.
- There are new reporting staff and or change of email addresses. Please update our information so we can be sure to be in communication with the right people.
- There has been any takeback or recycling done by yourselves or any third parties, please send us the data and information. We may need a report directly from the recycling facility on how the take-back was recycled, so please ensure you know who to contact to obtain these reports.

It’s also a good idea to touch base with Authorized Signatories in your organization to remind them that some annual reports will require their signature, given it is an extra demand on them at a busy time of the year.
If you would like us to check through your data before the end of year to ensure that January is as stress free as possible, please feel free to contact your account manager.

March 2020 Newsletter

Newsletter

Newsletter: March 2020

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

Topics for March 2020

Compliance Is Going Digital
Singapore’s Electronic Waste EPR Program Goes Live
EU Waste Regulations Amendments

Compliance Is Going Digital

The use of Electronic IDs is becoming mainstream in the EU for WEEE, batteries and packaging compliance and is increasingly required to perform required compliance activities including registration and reporting. The European Union Directive 910/2014, eIDAS (Electronic Identification, Authentication and Trust Services), directs that from September 2018 all organizations using digital services must recognize electronic identification from all EU member states. At Accerio we are seeing this roll out as more and more countries are adopting this system, and countries outside of Europe increasingly have similar systems and requirements.

The use of E-ID’s provides safer and more efficient electronic interaction between businesses, citizens and public authorities, and these digital transactions have the same legal standing as paper transactions. The main purpose of the regulation is to strengthen the cross-border collaboration and to reduce the time and effort when it comes to some administrative tasks, and to provide transparency and inter-operability to support the new Digital Single Market.

Producers registered for WEEE, batteries or packaging in the European Union may need to apply for an E-ID in the EU member state where they sell from, and implement trust services programs in their business system, in order to comply with EPR compliance obligations. Some EU countries have had electronic ID systems in place for a few years, but it is a more recent development to have these IDs recognized in EU Member States other than the one where they were issued. Some countries already have their systems up and running and others are coming online now with partial implementation and limited access for a specific short list of countries, which is expected to expand.
As E-ID’s become more common Accerio will reach out as related changes occur that affect your registrations.

Singapore’s Electronic Waste EPR Program Goes Live

Singapore has launched their new electronic waste Extended Producer Responsibility program for electronic waste and packaging. The program is being rolled out in phases with phase 1 now in operation (active from January 1, 2020) with the establishment of a national Producer register requiring obligated Producers to register in order to sell electronic products covered according to the Resource Sustainability Act 2019.

Later this year phase 2 will come into effect and when the new packaging obligations apply. The remaining provisions of the program will be established by July 2021.

Producer requirements have some similarities to the EU WEEE responsibilities including:

Registration for obligated producers
Reporting weights and units sold
Join a Producer Responsibility Scheme (for specific producers)
Facilitate free takeback
Takeback reporting
Public Education

Unique features of the system influence obligations, which can include minimum thresholds and product scope, and individuals would need to be assessed to determine compliance responsibilities. Non-compliance carries significant financial penalties, including potential conviction of an offence under the Singaporean act and imprisonment, and the Act includes a provision for the right for authorized officers to conduct surprise inspections.

If you’d like to know more and understand your obligations in Singapore, please reach out to us on singapore@accerio.com and we’d be happy to conduct an assessment to determine if responsibilities apply.

EU Waste Regulations Amendments

The EU is currently reviewing the Waste Framework Directive, as part of the new Circular Economy Package. This will have an impact on all Member States and will create changes for WEEE, battery and packaging producers.

The outcome is projected to be a system that is in greater harmony with the tenets of a circular economy. The new model is expected to promote a growth in secondary markets for used but still functioning EEE, with an increased focus on making better use of EEE to reduce the amount of electronic waste and create products that are less polluting than previous versions.

The drivers of change for Member states will be:

Member States must facilitate:
- Innovation of production
- Models to reduce hazardous substances in materials and production
- Encourage increased lifespan of products
- Promote re-use and use of recycled products
- Promote recycling of materials.
Minimum operating requirements for extended producer responsibility schemes.
Member States’ obligation to set up separate collection for paper, metal, plastic, and glass waste, and better measures for re-use of waste after its collection, and recycling.

The anticipated impacts from these programs on Producers are expected to include:

Product design changes to improve life-span, repairability, recyclability and re-useability of products and packaging, which may include requirements for example such as making repair manuals readily available
Increased standards for chemical/pollutant content of product material composition, with a stronger connection between waste compliance and chemical compliance (REACH and RoHS legislation)
A possible increase in reporting for adherence to new measures with e.g. declaration statements, quality control, self-monitoring, and accreditation requirements etc.

As the specifics of the program become available Accerio will keep you informed.

November 2018 Newsletter

Newsletter

Newsletter: November 2018

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

Topics for November 2018

WEEE, Batteries and Packaging Year-End Reporting

Now that we are well into Quarter 4, the end-of-year reporting will soon be upon us! At Accerio we try to make reporting as streamlined and low-stress as possible for you, especially given that for many companies it means collating a lot of data under tight deadlines at a busy time of the year.

Those accustomed to reporting monthly or quarterly will be more practiced, however for those who send data only in January here are a few steps and reminders to help make it run as smoothly as possible.

To avoid a scramble in January when the deadline is imminent, please let us know as soon as possible if there have been any product changes in your inventory since the last reporting period, including new products, or changes to existing ones.
If you have changed reporting staff over the last year, please let us know so we ensure we send the data request email to the correct person, and to help anyone unfamiliar with what is needed prepare for January reporting
The new Open Scope categories are now operational (> and < 50cm dimensions) across much of the EU. If you haven’t already provided dimensions of your products please update us with the details as soon as possible, as they will be required for January reporting.
Many countries will require a report of any take-back or recycling you have done. Often this will be managed by a scheme on your behalf, but we will need to know if you have done any directly, especially for professional WEEE or industrial batteries. Please ensure you are aware of how to get this data.
Please make authorized signatories aware that some yearly reports will require their signature to finalize reporting, given this is an extra demand on their time in January and February. We will send reports for signature as soon as they are available.

If you would like us to check through your data before the end of the year to ensure that January is as stress-free as possible, please feel free to contact your account manager.

Click here to see which countries are most likely to need your full year’s sales. Please note, some companies may have more regular reporting arranged, so this list is only meant as a guide.

Austria	Household and professional WEEE, Portable batteries, Packaging
Belgium	Industrial and portable batteries, Packaging
Canada – British Columbia	Professional WEEE
Canada – Manitoba	Professional WEEE
Canada – New Brunswick	Professional WEEE
Canada – NF and Labrador	Professional WEEE
Canada – Nova Scotia	Professional WEEE
Canada – P. Edward Island	Professional WEEE
Canada – Saskatchewan	Professional WEEE
Denmark	Household and professional WEEE, Industrial and portable batteries
Finland	Professional WEEE, Industrial batteries
France	Professional WEEE, Industrial and portable batteries, Packaging
Germany	Professional WEEE, Portable batteries, Packaging
Hungary	Professional WEEE, Industrial and portable batteries, Packaging
Italy	Household and professional WEEE, Industrial and portable batteries
Luxembourg	Household and professional WEEE, Industrial and portable batteries
Netherlands	Household and professional WEEE, Industrial and portable batteries
Poland	Professional WEEE, Industrial and portable batteries
Portugal	Household and professional WEEE, Industrial and portable batteries
Spain	Packaging
Sweden	Household and professional WEEE, Industrial and portable batteries
Switzerland	Portable batteries
Turkey	Household WEEE
United Kingdom	Household and professional WEEE, Industrial and portable batteries, Packaging
USA – California	Professional WEEE
USA – District of Columbia	Household WEEE
USA – Illinois	Household WEEE
USA – Maine	Household WEEE, Portable batteries
USA – Oregon	Household WEEE
USA – South Carolina	Household WEEE
USA – Wisconsin	Household WEEE

Irish Compliance Enforcement

Recently the Irish Environmental Protection Agency (EPA) issued correspondence regarding enforcement of obligations to comply with WEEE and Batteries regulations in their entirety. The communication emphasizes the importance of compliance not only with the basic registration and reporting obligations, but also with the additional requirements that some companies may not be aware exist. Please see communication here. The Irish EPA has put in place measures to issue fixed payment notices (FPN) to businesses not complying with their all of their obligations under the Waste Electrical & Electronic Equipment (WEEE) Regulations and the Batteries Regulations. These FPNS will be issued for specific offences and range between €500 to €2,000 per offence. You could incur these fines even if you are properly registered and complying with reporting requirements in Ireland but fail to meet all of the other Producer obligations. These additional requirements may include:

Placing WEEE or battery registration number on invoices and other business documents
Informing customers about their recycling options
Displaying statutory notices
Providing country specific information on website or product literature
Adherence to trans-frontier waste shipment legislation
Additional Retailer and Distributor obligations
Other country specific WEEE and battery compliance requirements

As WEEE laws mature across the European Union, the emphasis on full compliance beyond the basics is becoming a focus, and other countries are following the Irish example of looking more closely at compliance with all obligations. If you should have any questions regarding these additional requirements and would like to check to see if you are fully compliant with all obligations, please do not hesitate to contact your Accerio Account Manager with any questions. We are fully knowledgeable on all country specifics and are happy to assist.

Germany's New Packaging Law

Did you know that Germany has a new Packaging Act that will come into force January 1, 2019? If you fall into the category of those who need to comply, you need to act now to have your registration in place by the end of year. This will ensure you are properly compliant for when the new law becomes active.

The New German National Packaging Authority, (the Verpackungsregister), has made a great effort to make the process of registering and reporting as simple as possible, and it is free to register. However, it is still an involved exercise taking time to go through all the required steps.

Details of the requirements include:

All local companies placing packaged products on the market have an obligation to comply.
There are scenario-specific obligations for some foreign companies selling products with packaging into Germany.
Online sales from outside Germany to private consumers in Germany will incur packaging obligations.
There are no minimal amount exclusions for small producers.
The strongest provisions apply to sales and grouped packaging to private households.
Sales to business end-users do not require registration, but free take-back of packaging must be provided.
All packaged goods are in scope – not just packaging for electronics and batteries.

The system of registering and reporting employs the Polluter Pays Principle, thereby ensuring all those placing packaging on the market in Germany support the costs of processing waste packaging. This makes for a fairer market by making it more difficult for free riders to dodge the system.

Significant penalties for non-compliant actors include fines of up to €200,000 and bans on selling any product in Germany! A public register will publish a list of fully compliant companies, which acknowledges the companies doing the right thing by the law and the environment.

The good news is that Accerio can help assess your obligations and guide you through the process, so please contact us and we will be happy to ensure you are fully compliant in time for the deadline. If you would like to learn more, you can start by watching this video about the process.

USA e-waste and Battery Compliance

Is there any e-waste or battery legislation in place in the USA?

The USA has active e-waste and battery compliance regulations in place in 26 of the 50 States of the Union. The approach is quite different to that of the European Union, and it’s not uncommon for companies to be organized with their EU WEEE and battery compliance and unaware that they also may have requirements in the USA.

Who is responsible for complying?

The e-waste laws vary by state, are product focused, and consider what kind of entity the product was sold to as well as where the customer is located when determining compliance obligations. Who has the responsibility to comply is dictated by who manufactured the product, rather than the selling model. Some states only obligate products sold into that state, although there is a trend emerging in changing that to assessing national sales, and in some cases even global sales are considered.

Is all electronic waste in scope?

The type of e-waste in scope varies significantly from one state to the next, although there is a core focus on computers, monitors and associated peripheral products. Obligated battery chemistry varies quite a bit from one state to the next.

What happens if I don’t comply?

States are active in monitoring waste streams to detect products that are not registered for sale, and publish ‘good’ lists of companies registered and ‘bad’ lists of those who are not, and will ban sales of non-registered products. Litigation exposure and fines for non-compliance are expensive, and increasingly states are losing patience with non-compliers and are tightening up practices.

The e-waste and battery compliance environment in the USA is constantly evolving. Over time it is expected that the scope for product and battery chemistries will expand, and that categories of sales will increase to include some of those previously exempted. If you are unsure if your product qualifies for compliance in the USA please contact us today for an assessment, and avoid ending up on the bad do-not-sell list!