March 2023 Newsletter

Newsletter

Newsletter: March 2023

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

Topics for March 2023

  1. EU Packaging Regulation Proposal
  2. New E-Waste Rules in India
  3. Belgium Draft Repairability and Durability Legislation

EU Packaging Regulation Proposal

European_Commission

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

Eco Design repair screen

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.

June 2022 Newsletter

Newsletter

Newsletter: June 2022

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

Topics for June 2022

  1. Colorado Packaging Law
  2. European Eco-Modulation Concept
  3. Germany Packaging Registration Deadline
  4. UK Packaging Reform

Colorado Passes Packaging EPR Law

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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

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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

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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

  1. France Product Labeling
  2. Phase 6 of UK DTS
  3. Marketplaces’ EPR Compliance
  4. Mexico’s Draft Circular Economy Law

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

marketplace

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.

November 2019 Newsletter

Newsletter

Newsletter: November 2019

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

Topics for November 2019

  1. The Circular Economy
  2. Shipping Products for Repair or Resale
  3. EU Eco Design Measures
  4. Year-End Reporting
  5. Office Move

The Circular Economy:
Subscribe to a Sustainable Environment

The European Union recently presented the Circular Economy Package, which includes waste directives adopted by the European Parliament and the EU Council amending, among others The Waste Framework Directive (2008/98/EC).
The Circular Economy conceives a system where energy sources are renewable, a reduction in waste production, and waste viewed as a resource instead of a burden for society.

The ‘Waste Hyperarchy’ addresses the entire product cycle of production, consumption, waste management and market for secondary materials to achieve a more efficient use of primary and secondary resources.

Potential impacts on Producers of WEEE, Batteries, and Packaging Producers selling into the European Union include:

  • Economic benefits for Producers of products with more efficient and better ecological designs
  • Greater Extended Producer Responsibility costs for products with poorer ecological and lower efficiency performance of products
  • Increased regulation of:
    → Eco – design criteria
    → Product design
    → Use of hazardous materials
    → Product markings
    → Data collection methodology
    → Easier trade of ‘waste’ i.e. secondary materials
  • Packaging re-design to reduce superfluous secondary packaging and reduce single use plastics, especially those associated with food and beverages, and fishing gear
  • Products designed for Re-Use, Repair, and Recyclability, including repair manuals to be made available
  • Increased standards for chemical/pollutant content of product material composition
  • Requirement to increase of life-span of products

Accerio will keep you informed of practical impacts as they unfold.

Shipping electrical products for repair or re-sale: is it EEE, or is it WEEE?

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When transporting used EEE it is important to know what is required to avoid falling afoul of the European Union’s Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (WSR). This is an important consideration when shipping the following:

  • End-Of-Lease electronic products
  • Used electrical products
  • Faulty or malfunctioning products
  • Electronic goods destined for repair reuse and re-sale

To qualify as EEE the goods must meet certain criteria. The way in which the ‘holder’ of the electrical products treats a product can be interpreted as an indicator of whether or not the goods are truly EEE or are waste. Specifically considered is the evidence of intent to re-use the goods or discard them as waste; it must be demonstrated that the goods are not to be discarded or intended to be discarded. To qualify as EEE:

  • The electrical goods should still be functional for the original purpose; this must be documented with an invoice and or statement to this effect
  • The goods are to be protected from damage in transit e.g. original packaging or other packaging
  • There must be evidence of testing for functionality
  • Malfunctioning electronic products that are intended for repair and re-use must demonstrate the potential for re-useability, that the re-use is certain, testing and or repairs necessary for the item to be reusable have been carried out, or will be carried out by specialized technicians on receipt of the shipment. Documentation of this is required
  • There must be some certainty of the re-use of the products
  • There cannot be intention to discard the products after the transportation, that they cannot be regarded as a burden for the purchaser
  • Redundant stock lines in unopened original packaging will be regarded as EEE
  • Documentation of any or all of the above must accompany the goods during transit, including a declaration the goods are not waste

A cautionary tale is the recent case in July 2019 of Openbaar Ministerie v Tronex BV, where a company was preparing to ship from The Netherlands to Tanzania a consignment of electric appliances consisting of a mix of warranty returns, redundant/old stock, and non-functioning appliances that were declared as to be repaired for re-sale.  The European Court of Justice handed down the ruling against Tronex BV as well as a hefty fine, because the shipment contained electrical items had not been packaged to protect some of the goods that were intended for repair, and there was no documentation about the repairs.

For Specifics on documentation required for shipping EEE and WEEE and further details please refer to the Shipment of WEEE Guidance document in the links below, which includes the requirements from Annex VI of the WEEE Directive 2012/19/EU.

  1. Shipment of WEEE Guidance document
  2. WEEE Directive Annex VI; Minimum Requirements for Shipments
  3. Openbaar Ministerie v Tronex BV
  4. OPINION OF ADVOCATE GENERAL KOKOTT delivered on 28 February 20191 Case C-624/17 Openbaar Ministerie v Tronex BV

EU Ecodesign Measures - New Regulations in Force

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On October 1st 2019, the EU Commission adopted 10 ecodesign requirements amending Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009. The objective is to reduce Europe’s energy bill through energy savings and to reduce greenhouse gas emissions, the main factor in climate change. These measures apply to the following products placed on the Union market, independently of where they are manufactured:

  • Refrigerators
  • Washing machines
  • Dishwashers
  • Electronic displays (including televisions)
  • Light sources and separate control gears
  • External power suppliers
  • Electric motors
  • Refrigerators with a direct sales function (e.g. fridges in supermarkets, vending machines for cold drinks)
  • Power transformers
  • Welding equipment

While refrigerators and welding equipment are for the first time in the spotlights, the other eight ecodesigns are already known in EU, being part of the 2009 legal framework.

The ecodesign measures primarily focus on the reparability and recyclability of the products, with a revision of the existing provisions for durability of lighting systems, water consumption for dishwashers and washing machines, and the marks on the chemical products, underlining the future relationship between Waste and Chemicals regulations.
With the energy labelling regulation, which complements the ecodesign specifications with mandatory labelling requirements, the Commission project targets:

  • The delivery of 167 TWh of final energy savings per year by 2030;
  • The reduction of more than 46 million tonnes of CO2 in the atmosphere;
  • European households save an average of 150 EUR per year.

The ecodesign Working Plan 2016-2019 is part of an ambitious project which aims to influence what happens during the use and end-of-life phases of certain products, not only in terms of energy consumption, but also in terms of waste management.

Year End Reporting: It is nearly that time again...

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The end of 2019 is approaching fast, and with it the end of year WEEE, Batteries, and Packaging reporting requirements. All Producers selling into the EU will be required to report, which makes for 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, 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 by yourselves or any third parties, please send us the data and information.

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.

On the Move

Accerio has outgrown the current space we occupy in the Netherlands and the time has come to relocate.

The big move is now complete, with the assistance of bicycles, ramps, stroopwafels and the local weather being nice enough to hold back snow and rain.

We now have larger premises in a great part of town east of the city centre at:

Panamalaan 8D
1019 AZ Amsterdam
The Netherlands

Please ensure you update our address in your records; our phone number will remain the same:

+31-20-716-3480

Please do stop by to say hello if you are nearby!

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