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June 2024 Newsletter

Newsletter

Newsletter: June 2022

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

Topics for June 2024

  1. Chile EPR Reporting
  2. Minnesota Packaging Law
  3. Vermont and Illinois Batteries
  4. Spain Packaging Contracts

Chile EPR Reporting Requirements for 2023 Data

Flag_of_Chile

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 »

September 2022 Newsletter

Newsletter

Newsletter: September 2022

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

Topics for September 2022

  1. California Packaging and Battery EPR Laws
  2. New India EPR Rules and Draft Rules
  3. Implementation of the EU Packaging Levy
  4. Spain Packaging and Packaging Waste Law

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 »

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