September 2022 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.

September 2021 Newsletter

Newsletter

Newsletter: September 2021

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

Topics for September 2021

EU Market Surveillance Regulation

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

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

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.

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.

February 2021 Newsletter

Newsletter

Newsletter: February 2021

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

Topics for February 2021

EU Batteries Regulation Proposal

The EU Commission has made a proposal to repeal the current Batteries Directive 2006/66/ED and amend Regulation (EU) No 2019/1020. The proposed changes aim to harmonize the batteries waste compliance requirements among EU Member States and to standardize the registration procedure for producers and other actors in the supply chain.

There is an opportunity for public comment available to Producers and interested parties until March 1st, 2021, via this link. For Producers and Manufacturers of batteries, this is an important opportunity to have your voice heard about the proposed changes.
Important key proposed changes include:

Definition changes for the key terms “Producer”, ‘’Distributors’’, “Placing on the Market”, and “Making available on the Market”.
Battery manufacturers “not established in an EU Member State” will be required to appoint an Authorized Representative.
Electric vehicle batteries will be brought into scope as a fourth battery type.
Increased transparency of supply chain by establishing and operating a system of control and traceability.
A focus on increased collection of portable batteries, including increasing the collection target over time (65% by 2025, and 70% by 2030).
New information, labelling, sustainability, and safety requirements, including for example, a QR code to be placed on batteries.
The introduction of recycling efficiencies and recovery targets, with a schedule to increase over time, for specific raw materials, including lithium, lead, cobalt, copper, and nickel.
Extended producer responsibility (EPR) for industrial batteries.
Portable battery definition to include also batteries used in light vehicle (such as scooters and electric bikes) with a maximum weight threshold of 5 Kg.
Setting out in detail the model structure for the EU Declaration of Conformity.
Distributors of batteries will carry responsibilities to ensure Manufacturers, AR’s, Importers, and other distributors are appropriately registered to sell, and that the batteries are properly compliant with CE Mark, DoC and other requirements, including applicable documentation.

The 2020 European Green Deal’s New Circular Economy Action Plan has identified batteries as a category of products that are a high use of resources, but also great potential for recycling and circularity. The market demand for batteries is expected to dramatically increase over the next decade, especially for lithium batteries. The proposed changes are deemed necessary to address the urgent need for increased battery production, and investment and capacity expansion for recycling and handling capability.

French Repairability Index

France is the first EU country to implement a key element of the EU Circular Economy Package with the introduction of a Repairability Index for a selection of EEE products. This index is in force as of the 1st of January 2021. Products in scope will need to list the Repairability Index on the product packaging, on a label or online using a specific logo and color.

To begin with, products required to comply are the following:

Washing machines
TVs
Computers and Laptops
Mobile phones
Corded lawnmowers
Battery operated lawnmowers
Robotic lawnmowers

Producers or importers will be responsible for calculating and communicating the Index to all parties in the supply chain, and sellers both online and with a physical store must present the Index “in a visible manner on each product offered for sale/in the presentation of the equipment and close to its price”.

The Reparability Index is represented by a grade between 1 and 10, with calculations based on five specific criteria, to inform end-users about the “possibility to repair a product”.

The criteria are:

Availability of the technical documentation, for use, maintenance, and repair
Ease of disassembly, access, and removal of worn parts
Availability of and access to spare parts
Price of spare parts, especially relative to the cost of the item itself
Product specific criteria such as accessibility to remote assistance for repair and possibility of a software reset.

The system will certainly evolve over time to include other requirements and quite likely an expanded product list, and in the early stages there are no sanctions for non-compliance. There are increased specifications planned; from 2022 manufacturers and importers will be required to provide essential spare parts, and in 2023 extended producer responsibility for financing the repair of products is expected. The Repairability Index will influence product design and purchasing habits, and other countries will soon follow suit.
If your products are in scope with the new legislation in France, please contact Accerio for additional information.

German Battery Changes

There are some new procedures for the management of end-of-life batteries in Germany, following changes to the German Battery law.

The Stiftung EAR has now taken over the role as the responsible organization for battery registrations from the UBA. There is a grace period until 01.01.2022 for transfer of current registrations, provided that the battery information at the UBA was up to date at year-end 2020. If your German battery registration is managed by Accerio, we have ensured all details were up to date by the end of 2020.

Main changes to the system include:

The collection target for portable batteries increased from 45 to 50%.
Collection systems for portable batteries will require approval by the Stiftung EAR.
Fees for portable batteries will be structured to provide an incentive to Producers to minimize the use of hazardous substances.
From now on firms that do not have a local German entity can appoint an authorized representative. However it is important to note that this is not a mandatory requirement.

The information requirements for producers to provide to customers have become more extensive. End users of batteries will need to be informed about measures to reduce waste and pollution of the environment from spent batteries, the options they have to prepare batteries for re-use, and the potential risks associated with lithium batteries.

Producers of industrial and automotive batteries need to publish the recycling rates they achieved last year on their website before the 31st of May. Furthermore, the German Environment Agency has now the right to request take-back documentation approved by an independent auditor/expert.

If you have any questions about your Producer obligations for batteries in Germany, please contact Accerio for support.

New EPR Legislation in South Africa

South Africa will begin enforcement of a comprehensive Extended Producer Responsibility law for electronic waste, packaging, and batteries on May 1, 2021, although existing producers will be granted six additional months to move into compliance. After this point, EPR schemes will be regulated and subject to approval by the Environmental Department. Critically, the law stipulates that both foreign and domestic entities will be obligated as producers.

Additional facets of the law include:

Participation in a Product Responsibility Organization (PRO) or individual compliance, a change from the previous voluntary system.
Scope of EEE categorized under three classes of products: large, medium, and small equipment.
Obligations for integrated batteries.
Registration with the national authority for most consumer products in the above categories
Mandatory take-back and labeling
Reporting concerning the above actions and the amounts of product placed on the market.
Separate provisions for lighting products, with specific collection criteria and product scope; carrying different requirements than most EEE.

With respect to packaging obligations, the new law introduces EPR for all packaging types and materials, as well as for certain single-use products, following the EU Packaging Directive’s scope.

In terms of WEEE, violations of the Law can be punished by imprisonment, significant fines, or both. Doubtless the de facto requirements of the law will shift with its implementation and subsequent legislation which can be expected in November of 2021.

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.

August 2020 Newsletter

Newsletter

Newsletter: August 2020

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

Topics for August 2020

Ontario's New Battery Law

The Province of Ontario in Canada has a new battery law that came into force on July 1 2020 as part of the Resource Recovery and Circular Economy Act: Ontario Regulation 30/20. Battery producers who place any sold-separately battery that weighs less than 5 Kg on the Ontario market are defined as obligated “Stewards”. Both single-use and rechargeable batteries are obligated. Stewards will be considered individually accountable and financially responsible for the resource recovery (reuse, refurbishment, or processing) of those end-of-life batteries that fall within the scope of obligated batteries.

The definition of a battery steward encompasses a variety of scenarios, but it does capture most sellers, with variables such as which party is the brand holder, their residency status in Ontario and Canada, and to whom the battery is sold. Some exemptions apply for specific scenarios.

Integrated batteries, meaning batteries that are sold already inside a product, are exempted from this law. However, a new electronic waste law is in the pipeline for Ontario and due to come into force early 2021. This is expected to encompass integrated batteries.

Requirements for compliance include free collection networks for consumers, the need for promotional and education materials until the end of 2022 to increase consumer awareness, and most producers will be likely to need to source services from a Producer Responsibility Organization to meet the legal obligations.

If your company sells portable batteries weighing less than 5 Kg on the Ontario market, or in any Canadian province, please contact Accerio for more details about your potential obligations.

UK Plastic Packaging Tax

From April 2022, the UK government will impose a £200 per tonne tax on plastic packaging that contains less than 30% recycled plastic. Plastic packaging is defined as packaging materials where plastic is the predominant material. The tax is designed to grow the recycled plastics market to meet increased demand and divert more waste from landfill. Most of the provisions have been finalized, however a few details are yet to be confirmed, including whether or not to exempt transit packaging intended only to protect products during transport.

This tax will apply to:

Large Producers: who place more than 10,000 Kg of plastic packaging on the UK market annually
UK Packaging Producers
UK Packaging Importers, if the packaging is produced outside of the UK
All packaging, regardless whether it is empty or filled, to all end users

This tax will not apply to:

Small producers: who place less than 10, 000 Kg of plastic packaging on the UK market annually
Foreign distance sellers (see above, the UK importer will carry obligation)

Quarterly reporting on packaging will be mandatory, with declarations required of all weights of packaging placed on the market (POM). The tax applying to packaging in scope will be administered through Her Majesty’s Revenue and Customs (HMRC) Department, and unless packaging is declared – with evidence – to contain at least 30% recycled material, the tax will apply to the total weight POM.

April 2022 will be here before we know it, so it is advisable to look now at supply chains to determine the % recycled content of plastic packaging used, and if proof of the recycled content exists in the form of certification or specification sheets.

New Eco-Design Regulations

The new EU Eco-design regulations, adopted as part of the Circular Economy package’s Eco-Design Working Plan, are coming into force in 2021, with the objective of increasing the repair, reuse, and recyclability of the products targeted. The 10 regulations apply to all products in scope that are placed on the EU Market regardless of their country of manufacture. The product categories targeted are:

Household Refrigerators
Refrigerators with a direct sales function (e.g. fridges in supermarkets, vending machines)
Washing Machines
Dishwashers
Welding Equipment

Electronic Displays (including most computer monitors and televisions)
Light Sources and Separate Control Gears
External Power Supplies
Electric Motors
Power Transformers

The Eco-Design Regulations have a direct application, with no need for transposition into local legislation. The 2021 deadlines vary, the first being March for electronic displays, April for external power supplies, July for electric motors and power transformers, September for light sources.

The new requirements are focusing on lower limits for the Energy Efficiency Index and are bringing new material efficiency specifications. The Regulations are strengthening the concepts of products designed for repair and reuse, and design for dismantling, recycling and recovering, in accordant with the Waste Hierarchy. More, specific information will have to be made available in the technical documentation and on the producer website, together with specific labelling requirements, especially for some plastic components.

For Producers it may impact on production strategies and costs, with the decision to be made whether to manufacture compliant product lines specifically to be sold in Europe or to make products bound for all geographies in line with these regulations.

If you are interested in more information regarding Eco-Design Regulations, please contact Accerio for an introduction to the new requirements.

The Impact of POPs

From July 15, 2020 the recast EU Regulation on Persistent Organic Pollutants (POPs) came into force, repealing the previous POP’s Regulation. POPs are problematic for all biological life, and legacy Electronic and Electrical Equipment (EEE) containing these materials will now face increased treatment requirements, driving up WEEE treatment costs across Europe.

The new regulation aligns more closely with the REACH regulation and the Waste Framework Directive, with greater clarification of definitions to ensure unity across the EU. The list of POP chemicals included has been expanded, applying restrictions on the use of specific substances in manufactured products, as well as more detail of end-of -life treatment methods that must be used for certain products containing chemicals.

These chemicals are not as plentiful in current manufacturing as they once were but, they are still being collected in older WEEE processed. For example, many household electrical items, such as televisions and computer monitors, used to be manufactured using brominated flame retardants to reduce their risk of catching fire if overheating. These old items can no longer be recycled with other WEEE and must now be subject to thermal treatment at a hazardous waste plant.

As yet it is not clear how or when collective organizations and authorities will pass on the costs, or if they will instead absorb them, but it is probable that the increased handling overheads will translate into increase fees for Producers across the EU.

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.

August 2019 Newsletter

Newsletter

Newsletter: August 2019

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

Topics for August 2019

On the Move

Accerio has outgrown the current space we occupy in the USA and the time has come to relocate. We will be on the move in the latter part of August to new larger premises only a few blocks away, located right on the famous Boulder Pearl Street Mall.

To update your records, from September 1st our new address will be:

1245 Pearl Street
Suite 201
Boulder, CO, 80302
USA

Please note, if you have our Amsterdam (Accerio BV) office in your records, this does not need to be updated.

Please ensure you update our address in your records from September onwards; our phone number will remain the same: +1-720-500-0310.

We will be operational throughout the move. If passing through Boulder, please stop by to say hello, we’d love to see you!

Changes to UK Household Take-Back Obligations

Phase 4 of the UK Distributor Take-Back Scheme (DTS) which began in January 2017 will end in December of 2019, and there are currently no plans for what will take its place.

Under the current system, the DTS provides its members with an exemption from the take-back requirement of Waste Electrical and Electronic Equipment Directive (WEEE), which is to accept and arrange for the recycling of the customers’ old WEEE when a new and functionally equivalent piece of EEE is purchased.

The scheme functions by directing end-users to public recycling facilities where they can recycle their old products. Membership fees are used to fund projects that aim to increase the rate of WEEE collection, reuse and recycling in the UK, as well as the recycling points themselves.

This affects those companies that sell household products directly to end-users and, in the absence of the DTS program, these companies will have to establish a take-back system themselves, ensuring this is offered “in-store”. For online sellers, “in-store” means the website would need to clearly offer customers the opportunity to return their old WEEE at the time of buying a similar product.

A Government consultation on the current WEEE system towards the end of 2020 is planned and the DTS Steering Committee have been researching options for a new DTS phase starting in 2020. An interim DTS phase 5 is being considered until the consultation and review of the WEEE regulations has been completed.

When Phase 3 ended in 2016, confirmation of Phase 4 was not received until very last minute, so Accerio anticipates the same may happen again. As soon as we know the decision for 2020, we will be in touch with affected clients, either to ensure they register with the new phase or to advise how to comply with the take-back regulations.

Evaluation of the Batteries Directive

The European Commission has conducted an evaluation of the Batteries Directive 2006/66/EC to determine the impact on the environment and the functioning of the internal market. The findings of this assessment may stimulate a revision of the Directive.

The positive conclusions were that the Batteries Directive:

Has delivered sum positive impacts on the environment and promoted batteries recycling
Has affected a significant reduction in Mercury and Cadmium content in batteries
Has increased Collection and Recycling rates; 2012 targets of 25% have largely been met, however it is notable that only 14 Member States have achieved the 2016 target of 45%

Gap analysis identified areas that need to still be addressed:

Extended Producer Responsibility Obligations for Industrial batteries are not well defined, with no provisions for collection, financing, and recycling of industrial batteries
Hazardous substances other than Mercury and Cadmium have not been addressed and have not been reduced
Re-use of advanced batteries is not addressed, and it is perceived by the majority of stakeholders as not supported by the directive
There is no mechanism to accommodate technological novelties and new usages, such as the re-use of lithium ion batteries.

The Batteries Directive has successfully incorporated some of the major circular economy goals, however, there is more progress to be made and it is likely that future amendments will aim to capture them in more depth. It is also anticipated that there will be clearer provisions for the EPR obligations for industrial batteries and new technologies and applications.

Defining a Component

Accerio often receives questions on components and if they are considered in scope of WEEE. Although components are considered outside the scope of WEEE, it has always been a difficult question to answer as there were never very clear definitions of what is considered a component. Additionally, each company has their own definition of component that may or may not align with the intentions of the WEEE Directive. This lack of clarity has caused a lot of confusion and frustration with producers.

To assist with clarification of the component issue The European WEEE Registers Network (EWRN) has published guidance to help understand the difference between obligated WEEE and non-obligated components.

The European WEEE Registers Network (EWRN) 2019 guide provides the following definitions:

Components are

“…unfinished products that have no direct function for an end user. They are not intended for an end user. Components are intended for a producer for further processing into a (finished) product (the finished EEE)”

EEE is defined as

“EEE is an electrical and electronic product that can be used by and is intended for end users because it (already) works properly. Therefore, EEE is always a finished product that has a (i) direct function and that is (ii) intended for an end user.”

Direct Function is defined as:

“…any function which fulfils the intended use specified by the manufacturer in the instructions for use for an end user…Products are also considered to have a direct function even if they require a combination with other equipment or parts…”

A fundamental element to understand if the “component” is in scope of WEEE is if it is provided to an end-user or another manufacturer for further integration. If provided to the end-user, it is in scope of WEEE.

Additionally:

The component would not be in scope at the time it is being provided for further integration by another manufacturer; however, it potentially would be in scope when integrated into that manufacturer’s product. That is to say, it would make up the weight of the product when placed on the market.
If you are providing the component to an end-user for integration into a product, then it would be considered WEEE if it is a “finished good”. It is considered finished when it has a direct function and is intended for the end-user.

Some examples of components are cables without finished ends, transistors and capacitors, while items not considered a component include fuses, wall switches, miniature circuit breakers, cables with ends, sockets and hard drive. For further examples, please refer to the guidance.

The diagram below provides even better clarity on how to differentiate:

We highly recommend reviewing this document to understand if the “components” your company sells are out of scope. If you do require further support or have questions about the guidance, please feel free to contact the Accerio team for support.

May 2019 Newsletter

Newsletter

Newsletter: May 2019

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

Topics for May 2019

French Battery Discounts

As part of French government policy, battery schemes in France have been directed to reward producers of more environmentally considerate battery chemistries with a bonus. The objective is to financially incentivize preference for more ‘eco-conscious’ batteries to encourage producers to adjust the design of their products to choose more sustainable alternatives.

Batteries that qualify have certain qualities such as good economic value for recovery of the raw materials, especially for materials such as Cobalt, and battery life time as well as other features.

Discounted battery chemistries include:

Lithium accumulators using cobalt instead of secondary lithium accumulators. The reduced fee is 0.456 Euro per kg instead of the usual 0.479 Euro per kg. Examples are LCO (Lithium Cobalt Oxide), NMC (Lithium Nickel Manganese Cobalt) and NCA (Lithium Nickel Cobalt Aluminum)
Eco-versions of Alkaline batteries, which are those containing recycled materials. This does not apply to regular Alkaline batteries. The reduced fee is 0.360 Euro per kg instead of 0.372 Euro per kg.

Screlec, a French battery recycling organisation, is the first in France to implement the discounted fees for batteries with appropriate eco-criteria. Although the fee reduction is relatively small, the difference can add up, especially for large producers, and it is a good policy direction to encourage production and use of batteries that have more sustainable characteristics.

Brexit Update

The official date for the UK to leave the EU is now October 31^st of 2019 and, despite a great number of uncertainties, Accerio is able to provide some guidance based on probable outcomes. The good news is that it is likely that little will change for WEEE and battery waste management when Brexit does happen.

Some key known facts:

Regardless of any deals agreed on, once the UK leaves the European Union, it will no longer be an EU member state and UK entities will from that point on be regarded as Non-EU Entities. There may be further extensions of the deadline affecting when this occurs, and also the possibility too that Article 50 may be rescinded and Brexit called off.
All EU laws are being transposed into UK law, so that, at least temporarily, the same targets and obligations will be applied to those selling EEE and batteries in the UK. Of course, in time, the UK could choose to follow a different route to the EU.

Those who may see significant changes due to Brexit are companies with UK based legal entities who sell to other countries in Europe, because some countries have different regulations and requirements in place for EU entities as compared to non-EU entities.

For example:

A local Authorized Representative is required by any EU entity that sells into Denmark, France, Ireland, Portugal or Sweden in order to register and report. Non-EU entities do not require one.

Taking over Reseller responsibilities in Czech Republic, Finland, France, Portugal and Sweden is permissible to EU entities only. After Brexit, any current UK based entities will no longer be able to do this and will need to advise their affected resellers that they will need to be able to register and report for themselves.

If any country is using a UK-based certification scheme for EU compliance, such RohS certification or the CE mark, they will no longer be authorized to do this after Brexit. Any EU-wide standard mark can only be issued by a company registered in an EU member state. The certification schemes will likely have a plan in place to ensure their continued authority after-Brexit, but please do ensure you have checked this.

In the event that a deal is struck allowing the UK to retain a semi-EU status, similar to EEA members, it is possible that the UK could be viewed as a 3^rd Party country and included in some EU requirements, such as AR requirement for UK based entities.

In the meantime whilst all wait for a final decision, here are some helpful documents both the UK government and the EU have released advising businesses on the changes that will come if no deal is agreed upon.

UK guidance: https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal

EU Guidance: https://ec.europa.eu/info/brexit/brexit-preparedness/preparedness-notices_en

EU Guide for non-food and non-agricultural products: https://ec.europa.eu/info/sites/info/files/file_import/industrial_products_en_1.pdf

EU Non-Food and non-agricultural FAQ: https://ec.europa.eu/info/sites/info/files/qa_brexit_industrial_products_en.pdf

The Benefits of Compliance

The EU WEEE and batteries directives are critical to the sustainable management of the electronic and battery waste streams that have grown at an astonishing rate. It is anticipated that by 2020, in the EU alone, more than 12 million tonnes of electronic waste will be generated that year.

The three pillars of sustainability- People, Planet, and Profit – are fundamental to the spirit of intention behind the WEEE and batteries directives. These laws help to protect the health and well-being of everyone involved. Extended Producer Responsibility helps fund the management of all this waste according to the ‘Polluter Pays’ principle.

Waste electronics and batteries that end up in landfill contaminate soil, water and air, as toxic raw materials such as heavy metals and other compounds used in their manufacture, seep into the environment.

Transportation of WEEE and waste batteries to countries where regulation is poor or absent, impacts heavily on the health and well-being of vulnerable people who are employed in backyard ‘recycling’ operations where they are exposed to heavy metals and other contaminants.

Waste can be a valuable source of raw materials, especially as the scarcity of specific metals and minerals increases manufacturing and mining costs. And as recycling technologies improve, there are increasing economic benefits to the efficient re-use of these commodities.

Europe 2020’s growth Strategy aims to lead to a more resource efficient Europe, and compliance with the WEEE and Batteries Directives supports the objectives towards building a more sustainable society. Through the financing of recycling programs, producers contribute to better health and well-being of humans, animals, and plants by preventing landfill of electronics and batteries. Producers also benefit from the economic and logistical efficiencies through the recycling of valuable raw materials, especially as some of these materials become more scarce and prices increase.