New one stop solution for ITAD services in Central and Eastern Europe.

PPWR: What the EU Commission Guidance Document and FAQ means for your Declaration of Conformity

Mon, 13 Apr 2026 10:29:21 GMT

EU Commission publishes Guidance Document and FAQ

With the latest Guidance document and the FAQ , the European Commission provides more clarity on the practical implementation of the PPWR. The documents address key areas such as labelling, manufacturer obligations, the Declaration of Conformity, and Extended Producer Responsibility, while also highlighting the continued relevance of national requirements alongside the harmonised EU framework.

For companies, one topic stands out: the Declaration of Conformity. The FAQ makes clear that the conformity assessment must in principle be carried out by 12th August 2026 . The declaration applies to entire packaging units, including all components, and must be prepared at the level of a defined packaging type. At the same time, companies have some flexibility in how they structure their documentation, for example by combining multiple declarations into one dossier.

The required information must be available, structured, and documented. This includes technical documentation, traceability, and evidence that the packaging meets the relevant sustainability requirements.

On Extended Producer Responsibility ( EPR ), the FAQ confirms that despite EU harmonisation, implementation remains largely national. Companies must continue to register and comply in each Member State, with national registers still forming the backbone of the system, as explicitly reflected in the FAQ.

The draft Guidance document adds further clarity, particularly regarding the roles of “manufacturer” and “producer” and how responsibilities are allocated across the supply chain. This is especially relevant for companies operating across multiple EU markets.

With these documents, the PPWR is becoming more concrete. However, the formal and structural aspects have not been further addressed as far as the author of this article is concerned.

Companies that are currently unclear on how to approach the Declaration of Conformity can seek structured support at envenance. This typically includes clarifying roles and responsibilities, defining the required data structure, and establishing efficient supplier communication. Contact us for a workshop !

The Digital Product Passport (DPP): Catalyst or Casualty of Omnibus IV?

Tue, 21 Oct 2025 08:19:36 GMT

The Ecodesign for Sustainable Products Regulation (ESPR) , part of the EU’s 2020 Circular Economy Action Plan and the European Green Deal, introduces the DPP to transform how products are tracked and managed across their lifecycle.

Its core purpose is to support circular business models by providing accessible, reliable, and standardized data across the value chain. By digitizing lifecycle information, the DPP empowers recyclers with material-specific insights, enables manufacturers to monitor compliance, and helps consumers understand durability, repairability, and sustainability aspects.

If implemented effectively, the DPP could become an important tool to drive real change in how products are produced, used, and recovered. But with the growing influence of Omnibus IV , a new question arises:

Can the DPP remain a tool for circular innovation as it takes on a growing regulatory role under Omnibus IV?

1. Omnibus IV and the potential change of role of the DPP

In a recent webinar, Arianee emphasized the alignment between the DPP and the Omnibus IV simplification initiative. A central proposal is to use the DPP to reduce reporting burdens for manufacturers by streamlining declarations of conformity, customs processes, and data exchange with authorities.

The Omnibus IV package , published by the European Commission in May 2025, confirms this trajectory. From a regulatory standpoint, the DPP is becoming a powerful tool for administrative efficiency and digital integration across the Single Market.

But this evolution also raises concerns.

The DPP was designed to enable circular value creation , not just fulfill compliance obligations. If it becomes primarily a reporting mechanism for regulators, it could undermine its potential to support closed-loop systems, foster reuse, and unlock sustainability innovation.

A balanced path is needed. One that aligns regulatory reliability with the practical needs of circular economy stakeholders.

While regulatory alignment through Omnibus IV may provide much-needed structure , it risks narrowing the DPP’s functional scope . What qualifies as "compliance data" may fall short of what circular actors need, such as disassembly instructions, component-level material passports, or real-time usage data – and foremost inputs for a circular design of products.

2. Proof of concept: promising, but no common standard yet

A pilot project launched in October 2024 by ecosystem , Fnac-Darty , Beko, Envie and Arianee marks one of the first large-scale implementations of the DPP for household appliances. Over two years, the initiative introduces digital passports built on Arianee’s open-source blockchain infrastructure , assigning each device a unique identity.

These passports track lifecycle events, from manufacturing and market entry to repair, resale, and recycling. They also act as digital maintenance logs , consolidating technical specifications, repair history, and environmental impact into one accessible record.

Crucially, the project is based on a non-proprietary, interoperable system , allowing data exchange between manufacturers, service providers, and recyclers. It demonstrates that the technology exists and that multi-stakeholder collaboration is possible.

Yet a major obstacle remains: there is still no harmonized standard , neither sector-specific nor EU-wide. Without a shared framework, true interoperability remains out of reach. The ambition is clear, but the supporting infrastructure and governance lag behind.

3. Our impressions

While the Digital Product Passport holds significant promise, our current impression is that its focus remains limited in several key areas, particularly when it comes to end-of-life processes and industrial usability.

Strong emphasis on use phase: The DPP currently seems centered around extending product life, especially through improved repairability and maintenance transparency. However, its potential to support end-of-life processes seem less developed.

Designed with the consumer in mind: Much of the DPP’s current design appears geared toward private end users, providing information that helps them repair or understand the sustainability of a product. In contrast, there seems to not be too much focus on industrial users.

Questions around data quality and control: Another open issue is the quality of the data entered into the DPP. Since its usefulness depends on accurate and comprehensive input, the question arises: Who validates this information, and how is data quality ensured across different actors and sectors? At this stage, we see a lack of clear governance mechanisms for data verification.

A tool for customer engagement, but what about EoL? From the manufacturer's perspective, the DPP seems to offer value primarily as a customer retention tool, for example, through transparent communication about product features and sustainability. However, it remains unclear what incentive manufacturers have to provide detailed and useful end-of-life data, especially if it does not serve their immediate business interests.

Looking ahead, several important questions remain unanswered:

Can the DPP be scaled to support end-of-life processes at an industrial level?
Is it possible for recyclers to extract and interpret high-volume data to improve recycling workflows?
Could the DPP support the development of a functioning secondary market for spare parts and recovered materials that is economically viable?

In our view, there may currently be more expected of the DPP’s role in end-of-life than it is yet able to deliver. Much will depend on how the system evolves in the coming years—both technically and in terms of regulatory and industry adoption.

4. So, catalyst or casualty?

At this stage, the DPP is both : For one it is a catalyst in its intention, design, and pilot implementations . On the other, it is a potential casualty in its institutional framing under Omnibus IV . Whether it fulfills its promise will depend on political will, cross-sector collaboration, and a conscious effort to anchor the DPP in real-world circular value, not just administrative logic. To succeed, the DPP must do more than simplify processes. It must enable circular outcomes. Only if the DPP offers tangible value to both regulators and market actors can it truly fulfill its intended role as a driver of sustainability in Europe’s product economy. And that means putting data, users, and material recovery - not just regulatory compliance - at the center of its evolution.

Bravo Triman! – Three Years of Sorting Instructions in France

Tue, 19 Aug 2025 16:09:12 GMT

envenance on compliance.

The French collection scheme Citeo has reviewed the impact of three years of Triman labelling . Since its introduction in 2022, the symbol has become an integral part of everyday life in France – whether you buy an electronic device at FNAC or grab a croissant in a paper bag from the local bakery, the Triman logo is omnipresent. But what has it actually achieved? And what role could it play in shaping Europe’s circular economy?

EU Criticism vs. French Reality

Despite justified opposition from the European Commission , which regards the Triman scheme as a barrier to intra-community trade and has launched an infringement procedure (see envenance blog ), the label is firmly established in France:

90% of French citizens recognize the logo and associate it with trust.
Its omnipresence reflects not only consumer acceptance but also broad industry adoption .

Tangible Effects on Recycling and Consumer Behavior

According to Citeo, the Triman scheme has produced measurable improvements in recycling practices:

67% packaging recycling rate overall.
+11% increase in recycling awareness: 9 out of 10 citizens now separate packaging waste, and 68% believe that not separating waste is socially frowned upon.
–9% drop in consumer doubts about how to separate everyday packaging like yoghurt cups or dental care products.
+37% increase in recycling volumes per capita between 2017 and 2023.
–26% decrease in packaging waste ending up in household residual waste.
Recycling levels today reach 25.1 kg per capita per year .

In short: the label works – making recycling visible, understandable, and binding .

Context of the European Green Deal

The EU’s Green Deal aims for a circular economy and a climate-neutral continent by 2050 . One of its core elements is consumer education since an early sorting of packaging materials significantly improves the quality of recycling outputs. Here, the Triman scheme demonstrates tangible success . France’s integrated approach across market sectors (via the AGEC legislation) shows how communication can drive change.

Still, with growing obligations, consumer doubts are rising . Some question whether their efforts genuinely lead to more recycling. These doubts are indeed justified with regard to the recycling infrastructure, and not only in France. Germany, too, achieves its overall recovery rate of 97.1% for packaging waste by including thermal recovery – which, from the consumer’s perspective, does not count as recycling. However, the lack of available pre-sorted material makes it difficult to establish differentiated recycling structures (one could refer to the hen and egg principle); therefore, separation remains important – and accordingly, even more intensive consumer awareness is required.

A European Perspective – Why Not Triman for All?

The crucial question: Why not adopt the Triman scheme across Europe?

The upcoming EU Packaging Regulation (2025/40) already mandates harmonized labelling with sorting instructions.
Triman is well-established in the EU’s second-largest economy.
Some companies are already applying the Triman logic beyond France.

So why invent a new system when an effective and proven solution already exists?

Conclusion and Outlook

France has demonstrated that with clear symbols, mandatory rules, and consumer education , recycling rates can be measurably improved. But the future remains uncertain: Will the EU continue to oppose the French single-handed approach, or could the Triman logic evolve into a European standard ? One thing is clear: to succeed in building a circular economy, European consumers needs more guidance, not less .

�� Now over to you:
What arguments speak against adopting the Triman scheme at the European level? Share your thoughts with us!

18th August 2025 - What Changes Today Under the Batteries Regulation

Fri, 15 Aug 2025 16:44:09 GMT

envenance on compliance.

Starting today, the EU Battery Regulation (EU) 2023/1542 brings into force a new classification system for batteries across all member states. The number of battery categories has increased from three to five:

Portable batteries (subdivided into portable batteries for general use and portable batteries)
Starting, lighting and ignition batteries
Electric vehicle batteries
Industrial batteries
Batteries for light means of transport (LMTs)

Changes in Member States

The shift to these new categories has also prompted organisational changes at the national level.

Germany – Stiftung ear registration changes

In Germany, the Stiftung ear will now revoke registrations of foreign companies without an authorised representative for batteries. Revocation notices were issued today. Manufacturers registered in Germany—either directly or via an authorised representative—for the categories Portable batteries, Starter batteries, or Industrial batteries will receive new registration certificats reflecting the updated categories. However, these new registrations will expire on 15 January 2026 . Manufacturers must therefore review, adjust if necessary, and reapply for registration before that date. Furthermore, by January 15, 2026, corresponding collective systems (Organization for Producer Responsibility – OfH) must also be designated for the registration of electric vehicle batteries. Otherwise, the registrations will be revoked.

Member States Ready for the New Categories

While the EU regulation applies directly in all member states, only some countries have already implemented the reporting infrastructure for the new categories. These include:

Denmark – Launches a new portal today for all registrations, even if manufacturers previously used the DPA system and reported volumes via SKAT.
Belgium, Estonia, Ireland, Italy, Finland, France, Romania, Slovakia – Reporting and collection systems have been set up and are operational.

Member States Still in Transition

Netherlands – Industrial battery manufacturers must organise their own reporting at a later date. Manufacturers of other battery categories currently have no action to take, as collective systems await approval for the period after 18 August 2025.
Austria – It remains unclear when the necessary national Begleitgesetz (accompanying legislation) will be passed.
Bulgaria, Greece, Luxembourg, Lithuania, Poland, Sweden, Czech Republic – No adjustments have been made yet.

What’s Next

envenance will continue to monitor developments closely and provide updates as national systems adapt to the EU’s new battery framework. Furthermore, we will both assist and execute the implementation of the necessary administration changes. Producers, however, should take proactive steps to ensure reporting compliance, especially where deadlines for re-registration or reporting are already set. Please contact us for any questions.

Summer Update upon European EPR

Tue, 05 Aug 2025 08:28:15 GMT

envenance on compliance.

As summer 2025 progresses, the European Extended Producer Responsibility (EPR) landscape continues to evolve rapidly. This year has already brought major developments across Waste Electrical and Electronic Equipment (WEEE) , Batteries , and Packaging compliance. Below, we summarise the most significant changes so far and the milestones producers must prepare for as we move toward the end of the year.

1. Omnibus Initiatives and Legislative Momentum

2025 is shaping up as a year of regulatory consolidation in Europe, with the EU pushing forward multiple “omnibus” initiatives to streamline EPR rules and align them across member states. The overarching goal is to simplify compliance, enhance enforcement, and close loopholes that undermine the effectiveness of EPR schemes.

2. WEEE Directive Evaluation

In July 2025, the European Commission published the results of its evaluation of the WEEE Directive 2021/19/EU . While the Directive has increased awareness of e-waste management, the findings were sobering:

Insufficient Collection Rates – Current collection targets remain unmet in most member states, with only a fraction of generated e-waste entering official channels.
Poor Recycling Standards – Treatment quality is inconsistent, with low recovery rates for critical raw materials.
Weak Enforcement of EPR Obligations – Inadequate oversight and fragmented national approaches allow non-compliant actors to operate without consequence.

These shortcomings are expected to fuel a revision of the WEEE Directive under the upcoming Circular Economy Act , with stronger enforcement and harmonisation measures on the horizon.

3. Batteries Regulation – Key Enforcement Deadlines

The new EU Batteries Regulation (EU) 2023/1542 will reach a critical milestone on 18 August 2025 :

New Battery Categories in Scope – Portable, industrial, electric vehicle, light means of transport (LMT), and SLI batteries all explicitly covered.
Mandatory Labelling Requirements – From this date, all batteries placed on the EU market must carry updated labels covering essential information such as capacity, chemistry, and separate collection marking.
Due Diligence Obligations Deferred – While traceability and supply chain checks remain central to the Regulation, the full due diligence requirement has been postponed to allow industry more time to prepare.

In parallel, the European Commission has launched a consultation on a standardised reporting format , with a feedback deadline of 11 August 2025 . This format will eventually harmonise how producers report placed-on-market, collection, and recycling data across the EU.

4. Packaging & Packaging Waste Regulation (PPWR) and National Packaging Rules

The PPWR (EU) 2025/40 officially entered into force earlier this year, introducing harmonised rules across all EU member states. At the same time, national requirements have intensified:

Spain & Portugal – Sorting instructions are now mandatory on household packaging, guiding consumers on proper disposal.
Denmark – Registration obligations require producers to list in the national packaging register before placing packaging on the market.
France – Since 1 January 2025 , large companies must display the environmental characteristics of their packaging, such as recyclability and recycled content.
Switzerland – Although not an EU member, it is moving to close the packaging EPR gap , with a final government decision expected by 16 October 2025 .

5. What Producers Should Do Now

These changes highlight the urgency for producers to monitor developments and prepare for compliance across all three EPR streams:

Stay ahead of deadlines – Especially for the 18 August 2025 battery labelling and scope changes.
Adjust packaging – To meet PPWR and national labelling/registration obligations.
Review e-waste processes – In light of the WEEE evaluation, anticipate stricter enforcement in the coming years.

At envenance , we help businesses navigate these complex and fast-changing rules, ensuring compliance in WEEE , Batteries , and Packaging EPR. Contact us!

Switzerland Closes Gap in Extended Producer Responsibility for Packaging

Tue, 29 Jul 2025 06:27:10 GMT

envenance on compliance.

With the introduction of the new Packaging Ordinance (VerpV) , Switzerland is finally closing a long-standing regulatory gap: for the first time, Extended Producer Responsibility (EPR) will be legally extended to all types and materials of packaging —bringing Swiss regulation closer in line with EU standards and addressing urgent environmental challenges.

Outdated Regulation, New Realities

Until now, Swiss legislation only regulated beverage packaging through the Packaging Ordinance (VGV), last revised in 2000. This made Switzerland the only country in Western Europe without a comprehensive EPR regime . However, reality has overtaken regulation: in 2022 alone, Switzerland generated around 1.5 million tons of packaging waste , including 350,000 tons of plastic . Despite this, environmental costs have not been internalized in production pricing. The Swiss Federal Office for the Environment (BAFU) estimates that avoidable external costs could reach CHF 2 billion per year by 2030 .

The Packaging Ordinance as a Gamechanger

The new Packaging Ordinance (VerpV) brings long-awaited change: it legally embeds the principle of Extended Producer Responsibility into Swiss law. Under the new rules, producers and distributors must:

introduce recyclable and resource-efficient packaging into the market,
take back and ensure the disposal of the packaging they put into circulation,
co-finance waste management , for example through advance disposal fees (up to CHF 0.10 per glass unit),
and comply with reporting and labeling obligations , particularly for beverage packaging.

Unlike the much more detailed EU Packaging and Packaging Waste Regulation (PPWR) —which will also affect Swiss exporters—the Swiss VerpV is leaner , comprising just 12 pages . It follows the same life-cycle approach , aiming to reduce environmental impacts from production to disposal, but with less administrative complexity .

Political and Regulatory Context

The basis for this reform is parliamentary initiative 20.433 "Strengthening the Swiss Circular Economy" , which aims to adapt the Swiss economy to the state of the art and align with international regulations. The initiative emphasizes a holistic approach : the entire packaging value chain is to be addressed to unlock ecological and economic potential.

Switzerland is also reacting to external regulatory pressure , especially from the EU. As the PPWR becomes binding for all products sold in the European Single Market, Swiss companies exporting to the EU will have to comply —but without corresponding environmental and cost benefits at home. The VerpV now creates a more balanced framework.

Sources.

Bundesrat für Umwelt BAFU, Erläuternder Bericht zur Totalrevision der Verordnung über Getränkeverpackungen (VGV, SR 814.621)

Der Schweizerische Bundesrat: Verordnung über Verpackungen (Verpackungsverordnung, VerpV)

What Happens Next?

On June 25, 2025 , the Swiss Federal Council launched the public consultation for the VerpV , which will run until October 16, 2025 . The ordinance is scheduled to enter into force gradually starting January 1, 2027 , giving affected businesses sufficient time to prepare for the new obligations.

envenance will continue to monitor developments around the Packaging Ordinance and keep you informed. If you have questions about implementing the VerpV or preparing for PPWR compliance in your EU exports, our team is here to help. Contact us!

Harmonized Battery Reporting – EU Commission Accelerates Implementation of Batteries Regulation

Wed, 16 Jul 2025 07:29:56 GMT

envenance on compliance.

With the Batteries Regulation (EU) 2023/1542 , the European Union has established a new framework for the sustainable management of batteries. Now, the European Commission is following up with a new implementing regulation , which defines how Member States will be required to report data on the placing on the market, collection, treatment, and recycling efficiency of batteries .

This step is crucial for efficiently monitoring the achievement of the objectives set out in the Batteries Regulation. The aim is to create comparable and reliable data across Europe —especially concerning the volumes of batteries placed on the market and collected, broken down by category (portable batteries, light means of transport batteries, starting, lighting and ignition batteries, industrial batteries, and electrical vehicle batteries) and chemical composition . For each category, the reporting is supposed to be limited to a maximum of five compositions —such as lithium-based, lead-acid, nickel-cadmium, etc.

Private Sector Under Pressure?

This development may pose particular challenges for private-sector take-back schemes (see envenance article: ). These operators may now be forced to adapt their existing reporting systems to the new EU format, consider filing objections to the Commission’s approach, or find ways to continue using their often more granular reporting structures within the new legal framework.

Direct Application– No National Transposition Required

The implementing regulation is designed as directly applicable EU law . This means no national transposition is necessary . This urgency highlights in the view of the author the Commission’s political will to accelerate regulatory implementation in the battery sector.

Criticism of the Pace – EU Ombudswoman Calls for Transparency

However, this rapid pace is now facing growing criticism. European Ombudswoman Teresa Anjinho has asked the Commission to explain its fast-tracked procedures behind recent regulatory changes. This relates particularly to the Commission’s decision to temporarily exempt small businesses from EU sustainability reporting requirements—to reduce bureaucracy and strengthen their competitiveness.

In a letter to the Commission, Anjinho pointed out that internal review of the changes was given only 24 hours , starting on a Friday evening , instead of the usual ten-day consultation period. This raises concerns—especially regarding the planned postponement of due diligence obligations under Article 48 of the Battery Regulation , which companies must comply with starting August 18, 2025 .

Linked to Broader Deregulatory Agenda: OMNIBUS and the Single Market Strategy

In the view of the author, the fast-tracking of sustainability and reporting rules is part of a wider regulatory simplification agenda led by the Commission under the OMNIBUS initiatives . These aim to reduce administrative burdens for businesses and improve legal clarity—especially for SMEs operating in multiple Member States.

At the same time, the EU’s Single Market Strategy , launched in response to competitiveness concerns, emphasizes streamlined procedures and fewer compliance costs across sectors. While this can benefit companies through lower red tape, it raises important questions around transparency, environmental ambition, and stakeholder participation .

The battery reporting format regulation fits into this broader trend: a push for simplified, harmonized, and enforceable legislation —but under significant political and legal scrutiny.

Feedback Requested

The European Commission is currently seeking public feedback on the harmonized reporting format for waste batteries. The consultation deadline is August 11, 2025 . Comments can be submitted via the Commission’s portal:
Have your say – Battery Reporting Format

What Does This Mean for Businesses?

Companies, take-back systems, and authorities should familiarize themselves with the proposed reporting requirements and take advantage of the opportunity to provide feedback —especially considering how these rules may evolve further within the OMNIBUS framework or be influenced by the Single Market Strategy’s drive for simplification .

We’ll keep you updated.
If you have questions about battery reporting obligations in Europe, or how your compliance systems can align with evolving EU strategies, don’t hesitate to contact us !

20 Years of the WEEE Directive – So What Now?

Sun, 06 Jul 2025 10:11:30 GMT

envenance on compliance.

The volume of Waste Electrical and Electronic Equipment (WEEE) continues to grow worldwide – and especially within Europe. In 2022, approximately 5 million tonnes of WEEE were disposed of across the EU, including 900,000 tonnes in Germany alone (source).

The EU has been trying to counter this trend since 2005 through the WEEE Directive. An updated version entered into force in 2012. Now, more than ten years after the adoption of Directive 2012/19/EU and almost twenty years after the original 2002 Directive ( 2002/96/EC ), the European Commission has published its evaluation findings on 2 July 2025 ( source ). The result is sobering: despite some progress, the Directive is still falling short of its own ambitions – two decades in.

Achievements – and Their Limits

According to the Commission’s evaluation, the collection of WEEE increased by around 65% between 2012 and 2021. That sounds like success – but 24 out of 27 EU member states failed to meet their legally defined collection targets. Moreover, 46% of all collected WEEE is still not being properly treated. Instead, it ends up as metal scrap or is illegally exported.

Where the Directive Fails

Insufficient collection rates : 24 member states have not reached the 85% or 65% targets.
Poor recycling standards : Only 23% of recycling facilities meet the prescribed EU quality standards.
Weak enforcement of Extended Producer Responsibility (EPR): Many producers – especially online sellers – continue to neglect their EPR obligations in 2025.
Disconnection from reality : The Commission claims the 2012 Directive has led to administrative cost savings of €3.8 billion (registrations) and €7.3 billion (reporting obligations) – a claim few market actors would agree with.

What Does This Mean?

Let us be frank: the shortfall in collection targets is not only due to collection volumes but also to poor-quality reporting by producers and the issue of multiple declarations across member states. Role definitions remain ambiguous, and most importantly, a central EPR register still does not exist.

In terms of market enforcement, the picture is equally bleak. From a compliance service perspective, affected companies are often referred to watchdog associations or EU competition law as the only “real” enforcement mechanisms – because effective EPR market surveillance is either non-existent or invisible in most countries.

The Commission’s claim that the WEEE-2 Directive has reduced administrative costs is frankly baffling. The numbers may be well calculated – but the real savings potential is likely far greater and still unrealized. And that’s the point: we’re measuring success against the wrong benchmarks.

EU Value – and an Agenda for the Future

There’s no question: the WEEE Directive has raised awareness and created a foundational framework over the past 20 years. It aligns with the EU’s Circular Economy Action Plan and the broader ambitions of the Green Deal. It has even inspired similar legislation in countries like Turkey, India and Singapore.

Yet, from the start, the Directive has been chasing its own tail. Collection and recycling targets are regularly missed. Recycling quality remains inconsistent. And the administrative burden on producers continues to grow.

A core part of the problem lies in how data is gathered and exchanged. Companies still wrestle with redundant reporting, unclear responsibilities, and fragmented national systems. Here, the subsidiarity principle becomes a regulatory roadblock.

And replacing the WEEE Directive with a Regulation won’t automatically fix the issue either – as early experiences with the Battery Regulation (EU 2023/1542) and the Packaging and Packaging Waste Regulation (PPWR, EU 2025/40) clearly show this.

What Would Actually Help?

To establish a leaner and more effective system, we need a paradigm shift:

A single central EPR register at EU level, linked directly to national compliance schemes
Standardised data formats and reporting cycles , submitted once to one location
Abolition of national authorised representatives, replaced by automatic data transmission from the central register
Real-time sales data charges via e-invoicing , tied into the EU’s ViDA initiative
A transparent debate on state vs. private compliance schemes , especially around quality standards and control mechanisms

Such a system could function without disrupting the single market, eliminate costly duplicate registrations, reduce third-party dependencies – and significantly ease compliance burdens.The scope of regulation doesn’t need to grow. The systemic architecture does.

About envenance

As a partner for the sustainable organisation of Extended Producer Responsibility, envenance supports companies in implementing EU requirements and developing structural, long-term compliance solutions. Talk to us – and let’s rethink WEEE, together.

Growing Demands on Classification in the Secondary IT Market: Compliance Challenges for ITAD Providers and OEMs

Tue, 17 Jun 2025 12:55:00 GMT

envenance on compliance.

The Secondary IT Market – A Growth Engine With Legal Risks

The secondary market for used IT equipment has been growing steadily for decades. Now more than ever, companies are under pressure to operate more sustainably while also cutting costs. The reuse and remarketing of decommissioned IT assets offers significant economic and environmental potential, particularly as more and larger data centers are being built across Europe ( Bloomberg, 2025 )

Specialized service providers – known as ITAD (IT Asset Disposition) companies – typically handle the de-installation, logistics, testing, data erasure, resale, or recycling of such devices. However, these companies, as well as their clients (who are often the manufacturers or producers under Article 3 of the WEEE Directive 2012/19/EU), are increasingly subject to more rigorous compliance expectations.

A New Regulatory Phase: A revised EU Waste Shipment Regulation

On the 20th May 2024 , the new EU Waste Shipment Regulation came into force. Its purpose is to prevent the illegal export of waste from the EU and to increase the traceability and control of waste flows within and beyond the Union. It also seeks to promote recycling and reuse by simplifying compliant transport procedures.

“(...) The new Regulation particularly aims to prevent illegal shipment of waste both within the EU and from the EU to third countries. Furthermore, the Regulation targets to increase traceability of waste shipments within the EU and to further facilitation of recycling and re-use.” ( EU Commission )

These legal changes are highly relevant for all players in the IT lifecycle – particularly for:

ITAD providers handling the physical disposition of assets , and
manufacturers/exporters of electronic equipment , who often remain legally responsible under waste and WEEE legislation.

The Waste Status: Often Misunderstood, Always Critical

A key challenge: Is a decommissioned IT asset still an equipment – or has it already become waste ? Many providers underestimate how the intent to discard ("Entledigungswille") can define the legal status of a device.

Common Misconceptions:

"The customer just wants to stop using the devices – not throw them away."
"Only broken devices are considered waste."
"Export for reuse is always legal."
"Resale turns waste back into a product."
"We'll document the classification later."

Under Article 3 No. 1 of the EU Waste Framework Directive , a device is waste if its holder discards it, intends to discard it, or is required to discard it . This makes documented reuse intent essential. In practice, authorities often presume waste status unless proven otherwise . To be noted: The burden of proof lies with the exporter or handler.

Compliance Risks and Shared Responsibility

Correct classification is not only a matter for the ITAD provider – it also involves the equipment owner or the producer according to Article 3 of the WEEE-Directive 2012/19/EU, especially when they initiate the asset removal process. If the waste status is misclassified:

transport and export may become illegal ,
authorities may impose heavy fines , and
both the ITAD provider and the client company can be held liable .

Within the EU, waste shipments are subject to tiered rules:

for disposal or hazardous waste for recovery : prior formal notification to all relevant national authorities is mandatory.
For non-hazardous “green-listed” waste within the EU/OECD : general formal information requirements apply upfront and documentation must be available before and during shipment.
From 1 January 2025 : e-waste exports are prohibited to non-OECD countries, and only allowed to OECD countries under prior informed consent procedures .

These rules implement updates from the Basel Convention, where hazardous e-waste is now classified as A1181 and non-hazardous as Y49.

Enforcement: From Soft Guidance to Hard Controls

From May 2027 onward, EU enforcement will become even stricter. Companies will need to:

prove that exported waste is properly treated at the destination facility.
commission independent audits of such facilities to verify environmentally sound practices.

Inspections across Member States are being coordinated by networks such as IMPEL , increasing cross-border compliance pressure.

Strategic Takeaway: Classification Is Compliance

Correct classification and documentation of decommissioned electrical and electronic equipment is no longer optional – it's a strategic compliance priority . Both ITAD providers and their enterprise clients must align on:

clear internal procedures for waste vs. non-waste assessment,
evidenced reuse intent (testing, refurbishment, resale pathway), and
robust documentation and transport tracking.

Failing to do so may not only result in legal exposure – but also damage sustainability credibility.

At envenance, we believe that compliance is a driver for trustworthy reuse. Our consultancy expertise, our order management software envialon.myenvenance.com and our international network of recycling partners can be the backbone of your compliant ITAD service. Let’s build the future of circular IT on this legally secure foundation.

Do your next ITAD project with us . Contact us .

Clarifying the Distinction Between Portable and Industrial Batteries in Regulation (EU) 2023/1542

Thu, 12 Jun 2025 07:16:25 GMT

envenance on compliance.

The new EU Batteries Regulation 2023/1542 ( Batteries Regulation ) brings a restructuring of battery classifications, moving beyond the previous framework and introducing five distinct battery categories, as outlined in Article 3 of the regulation:

Portable batteries
Industrial batteries
Light means of transport batteries (LMT)
Starting, lighting and ignition batteries
Electric vehicle batteries

This reclassification has implications for further obligations, particularly regarding:

reporting (see Article 75)
restrictions of substance (see Article 6)
requirements for removability and replaceability (see Article 11)

Introducing Subcategories within Portable Batteries

As part of this amendment, the legislator has introduced two new sub-categories under portable batteries that did not previously exist in this form:

Portable batteries (in the traditional sense)
Portable batteries of general use (as newly defined)

According to Article 3, point 9(f) of the Batteries Regulation a

“ Portable battery means a battery that is sealed, weighs 5 kg or less, is not specifically designed for industrial use…”

In contrast, a portable battery of general use is defined as:

“…a portable battery, whether rechargeable or non-rechargeable, that is specifically designed for interoperability and falls within the following common formats: 4.5 Volt (3R12), button cell, D, C, AA, AAA, AAAA, A23, 9 Volt (PP3)…”

What Is an Industrial Battery?

The updated definition of an industrial battery reads:

“…a battery that is specifically designed for industrial use, or that is intended for industrial use after preparation for reuse or repurposing, or any other battery that weighs more than 5 kg and is neither an LMT battery, an electric vehicle battery, nor a starting battery…”

The previous distinction as laid out in the Batteries Directive 2006/66/EC has referenced to both an industrial and a commercial use. Therefore the Batteries Regulation appears to have been shortened this scope in order to emphasize industrial use alone.

Regulatory Impact of the New Wording

This definitional change suggests at first sight that batteries designed for commercial but not industrial use , and weighing under 5 kg , may now be classified as portable batteries . Consequently, industrial batteries must either:

Be specifically designed for industrial use , or
Exceed 5 kg in weight while not falling under the LMT, EV, or starter categories.

Clarification from the European WEEE Register Network (EWRN)

The European WEEE Register Network (EWRN) addressed this nuance in their guidance document titled "Battery allocation to the five battery categories" ( source, section 7.2, page 7 ). Drawing on additional sources (see p. 7) and legislative intent (see p. 8), the authors conclude that the definition of industrial batteries has not been narrowed and recommend the following interpretive framework:

"Batteries can be considered as specifically designed for industrial uses if they normally arise or are normally used in ‘ other than private households ’. Possible criteria therefore can be dimensions, weight, voltage, price and type of connection."

"Batteries cannot be considered as specifically designed for industrial use(s) if they normally arise or are normally used in private households . This also includes batteries that are built into so-called ‘ dual use ’ electrical appliances."
(Note: unofficial translation by the author.)

Practical Consequences

This interpretation reinforces that an industrial battery may weigh less than 5 kg , as long as it is specifically designed for industrial use . Such batteries are not to be classified as portable and are thus not subject to the same requirements imposed on portable batteries alone.

Looking Ahead

Over the coming months, registers and collection systems will begin transitioning to the new reporting structures aligned with these revised battery categories. At envenance , we are ready to support you through:

support in accurate classification and reallocation of your batteries
detailed guidance on reporting
Preparation for fulfilling new regulatory obligations, particularly regarding registrations or their transitions

Do you need help navigating the new battery rules?

Get in touch with envenance – your partner in practical compliance.

Reducing Packaging EPR Complexity through State-Owned Schemes?

Mon, 09 Jun 2025 16:12:14 GMT

envenance on compliance.

The complexity of Extended Producer Responsibility (EPR) compliance in Europe remains one of the greatest administrative burdens for companies placing packaging on the market. Among the most pressing issues is the need to register with up to 27 different national packaging collection schemes , known as Producer Responsibility Organizations (PROs) . This fragmentation stands as an obstacle to the European Commission’s Single Market Strategy , which aims to simplify cross-border business within the EU and reduce the administrative burden for companies ( see our analysis: Is the End of EPR Fragmentation Finally in Sight? ).

The Central Register Conundrum

The Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) does not clearly suggest the introduction of one single central European EPR register . Instead, it obliges each member state to set up a national register (which could mean in the view of the author of this article both a central and a decentral register). Paradoxically, this could actually increase administrative burden in countries where such central registers do not yet exist or where producers currently have no direct registration obligations .

A centralized EU-wide register , as envisioned in Brussels, would not only streamline compliance but could indeed and as intended:

However, achieving this goal depends heavily on the technical and regulatory interface between the register and national PROs. This link is easier to establish when the individual PRO is state-owned , since such entities are subject to direct oversight and control by the relevant authorities. In contrast, private PROs may require more frequent or granular reporting and are often driven by operational or commercial considerations that may exceed the public policy standards.

This conflict has already been demonstrated by the WEEE Directive , where efforts to harmonize reporting frequency failed in the face of diverse and more demanding national implementations by local privately-run WEEE schemes.

The C ase for State-Owned Packaging PROs

This background fuels ongoing discussions within the EU on the potential benefits of promoting state-owned PROs — a model already implemented by Hungary ( read more ), Croatia , and currently under legislative consideration in Poland ( see here ), where established packaging schemes face the menace to be put out of business as a consequence.

Potential Advantages

alignment with EU central register
seamless data interface between PROs and regulatory authorities
public interest as guiding principle

Possible Disadvantages

risk of bureaucratic inefficiencies
exposure to funding and political volatility
absence of competitive pressure , which may hinder innovation

While state-run systems may offer greater administrative simplicity, they could also result in higher recycling contribution fees due to reduced operational efficiency and lack of market competition.

Digital Interfaces: A Way Forward

Efficiency in compliance doesn't end with registration. E-invoicing , as mandated by Directive 2014/55/EU , offers further potential for simplification. Italy already leads by example with its Sistema di Interscambio (SdI) also for EPR schemes: once data is submitted to a collective scheme, an invoice is automatically generated and made available via SdI to the producer within the country. No further manual communication is needed—provided the technical setup is correctly implemented.

This approach could be replicated across the EU , especially if national state-owned PROs are connected to a future central European register . Not only invoicing, but also financial contributions and audits could then be centralized, thus further reducing redundancies.

No Relief from Data Quality Obligations

It’s important to stress, however, that simplification in reporting infrastructure does not mean reduced reporting quality obligations for producers. On the contrary, data quality and granularity requirements are likely to increase , particularly concerning:

categories and volumes of packaging materials
data upon recycleabilty and recycling content
documentation upon the technical necessities for a particular packaging
country-specific sales & distribution data

With a central register as the sole data interface, national authorities could more easily verify and challenge producer reports. In that context, the PPWR'score objectives — reduction, prevention, and recycling — will only be achievable if regulators are given high-quality, complete data .

How envenance can support you.

At envenance, we understand the shifting EPR landscape and the challenges that companies face. We support you in:

analyzing your packaging data
preparing for EU-compliant reporting
monitoring regulatory developments

Let’s simplify compliance—together. Get in touch with us !

US Moves Forward with Extended Producer Responsibility: Washington Enacts Packaging EPR Law

Tue, 03 Jun 2025 07:50:56 GMT

envenance on compliance.

Extended Producer Responsibility (EPR) is rapidly evolving into a global standard for sustainable waste management. Rooted in the Basel Convention’s guiding principle—holding producers financially accountable for the waste their products generate—EPR is now a legislative reality across many jurisdictions worldwide.

In the United States, this transformation is happening at the state level. As of May 17, 2025 , Washington State has enacted E2SSB 5284 , making it the seventh U.S. state to implement EPR regulations specifically for packaging and paper products .

Scope and Exemptions of the Washington EPR Law

The new legislation mirrors EPR patterns in Europe by covering a broad range of household packaging materials , including:

Paper
Plastic
Metal
Glass

However, there are significant exemptions . Materials are excluded from the scope if they are:

Not collected through residential recycling services
Recycled through a responsible market
Used and collected strictly within commercial settings (e.g., factories, automotive workshops)

Therefore, packaging waste generated outside of private households generally falls outside the legislation’s scope .

Who is a “Producer” Under Washington Law?

According to Section 102, 22 , a “producer” includes:

Manufacturers
Brand licensees and owners
Importers of record
Distributors offering products for sale within and into the state of Washington

This definition even extends beyond state and national borders , meaning companies based from outside Washington —or even from outside the U.S. —may be subject to the regulation if they sell into the state.

De Minimis Thresholds: Who Is Exempt?

Not every company must register. The law includes de minimis exemptions for so called " de minimis producers "

Companies that introduced less than one ton of packaging into Washington in their most recent fiscal year
Companies with a global gross revenue of less than $5 million

Compliance Timeline and Obligations

Companies within scope must take the following steps:

Appoint or form a Producer Responsibility Organization (PRO) by January 1, 2026
Register the PRO with the Washington Department of Ecology by March 1, 2026
Formally join the PRO by July 1, 2026
PRO submission of annual fee payments by May 1 of each following year

One noteworthy development: the Circular Action Alliance (CAA) —already serving six other states—is approved as a PRO also in the State of Washington. This - at least potentially - streamlines multi-state compliance by allowing producers to work with a single PRO across jurisdictions. However, practical details of the implementation are still emerging.

Penalties and Enforcement

Non-compliance comes at a cost:

Penalties of up to $1,000 per day for initial violations
Penalties of up to $10,000 per day for repeated violations
Penalties can also include twice the market value of non-compliant materials

Key Questions for Businesses

To assess your company’s obligations, begin with these six essential questions:

Am I considered a “producer” in Washington?
Is my packaging in scope?
Do I exceed the de minimis thresholds?
Which EPR scheme(s) should I join?
What are my reporting requirements?
What are my financial responsibilities?

How envenance Can Help

Navigating EPR legislation across jurisdictions is complex—and non-compliance can be costly. envenance offers the expertise and global perspective to:

Interpret local requirements in a global context
Provide end-to-end compliance solutions
Monitor regulatory developments and ensure proactive action

Stay tuned for our upcoming breakdown of EPR legislation in Maryland , another state that joined the EPR movement earlier in 2025.

Navigating the Batteries Regulation (EU) 2023/1542: What’s Deferred and What’s Transitioned?

Sat, 31 May 2025 05:43:46 GMT

envenance on compliance.

As the full implementation of the Batteries Regulation (EU) 2023/1542—the European Union's ambitious framework governing the extended producer responsibility (EPR) of batteries draws near, companies across the battery life cycle must understand which provisions are going ahead and which are potentially being deferred, particularly due to the recent communication of the OMNIBUS IV initiative.

OMNIBUS IV: A Simplification Package With Significant Impacts

The European Commission’s OMNIBUS IV initiative , aimed at the simplification of the administrative burden across sectors, also encompasses the Batteries Regulation. For a broader overview, we previously explored the OMNIBUS approach in our dedicated blog post .

In the case of batteries, Article 48(1) of the Batteries Regulation imposes due diligence obligations on economic operators that place batteries on the EU market. These obligations were initially scheduled to apply from the 18th August 2025 . However, the Commission in its OMNIBUS IV initiative now acknowledges the geopolitical and practical challenges currently straining raw material supply chains. As stated:

“Battery raw material supply chains are affected by a shifting geopolitical landscape. This leaves the battery industry with many challenges in particular related to sourcing raw materials. It takes time to analyse and adjust supply chains.”

Moreover, only around half of EU Member States have appointed the necessary notifying bodies responsible for verifying due diligence policies. Given these gaps, the European Commission is considering a postponement of the due diligence requirements, giving economic operators more time to prepare and comply.

What Is Not Deferred: The Battery Categories Transition

While due diligence obligations may be deferred, the transition to new battery categories is not .

Starting on the 18th August 2025 , all new registrations for batteries across Europe must follow the updated battery categories. Meanwhile, existing registrations and reported batteries must be migrated to the new categorisation framework.

The European WEEE Register Network (EWRN) has released a helpful guidance document outlining how to move from the previous three battery categories to the future five categories.

Country-Level Developments: Germany as a Case Study

At the national level, countries are preparing their respective legislation and procedures. In Germany:

On the 27th May 2025 , the German government published a draft version of the Batt-EU-AnpG , the national legislation aligning German law with the Batteries Regulation. Stakeholders can submit comments on the draft until 6 June 2025 .
In parallel, the German national register for batteries, Stiftung elektro-altgeräte-register (EAR) , has issued procedures for the registration transition . One crucial update: foreign companies must appoint an Authorised Representative (AR) . Any registration lacking an AR by the 18th August 2025 will be cancelled .

Conclusion: Preparing for Compliance

The Batteries Regulation is set to reshape producer responsibilities across the EU and across the batteries life cycle, with key elements already transitioning and others potentially delayed.

At envenance , we help organisations navigate these complex changes—from adapting to the new battery categories to ensuring compliant registrations and representation structures.

Do you need assistance applying the new battery categories to your organisation?
Contact us at support@envenance.com

Navigating the Omnibus: Tracing the EU Commission’s simplification packages and their impact on EPR

Mon, 26 May 2025 15:41:36 GMT

envenance on compliance.

The European Union is advancing steadily toward its stated goal of reducing administrative burdens across the board, with special attention to the needs of small and medium-sized enterprises (SMEs). In an ambitious push, the European Commission has pledged to cut administrative burdens by 25% for all sectors and by at least 35% specifically for SMEs before the end of its current mandate.

This mission is being delivered through a series of legislative updates grouped under what the Commission terms its "Simplification Package" . The simplification roadmap is designed to make EU law more efficient, accessible, and tailored to economic realities— and thus liberate businesses from heavy administrative burdens (source:
https://commission.europa.eu/law/law-making-process/better-regulation/simplification-and-implementation_en

Understanding the Omnibus concept

To operationalize this broad agenda, the Commission has introduced a series of legislative revisions under the “Omnibus” label. Much like the omnibus legislative acts seen in other jurisdictions, these packages aim to consolidate and amend various regulatory frameworks in one sweeping move.

Since February 11, 2025 , four Omnibus packages have been introduced, each with a unique set of focus areas. While EPR has not been a centerpiece in the earlier packages, it becomes increasingly relevant in the most recent, Omnibus IV .

Below, we provide a snapshot of each Omnibus initiative, particularly to support envenance clients navigating this landscape.

Omnibus I – February 2025

The first Omnibus package set the tone by targeting procedural delays and voluntary adaptations in various high-level EU initiatives. However, it did not include any EPR-specific elements .

Key measures:

Reporting delays in CSRD (Corporate Sustainability Reporting Directive) and CSDDD (Corporate Sustainability Due Diligence Directive)
Adjustments to CBAM (Carbon Border Adjustment Mechanism) thresholds
Voluntary opting-in for the EU Taxonomy Regulation

Official source: Omnibus I Package

Omnibus II – March 2025

Continuing the theme of general administrative simplification, Omnibus II primarily focused on investment facilitation and regulatory burden reduction . While it reinforced the Commission’s pro-business posture, it still did not address EPR frameworks directly .

Key measures:

Streamlining access to EU investment instruments
Regulatory simplifications for start-ups and scale-ups

Official source: Omnibus II Package

Omnibus III – May 14, 2025

Omnibus III took a sector-specific approach, focusing on the simplification of the Common Agricultural Policy (CAP) . No direct implications for EPR regulations were noted in this package.

Official source: Omnibus III Press Release

Omnibus IV – May 21, 2025

Finally, EPR-relevant themes emerge in Omnibus IV, with the following highlights:

extension of simplification measures to include small mid-cap enterprises
digitalisation and alignment of common technical specifications
deadline extension for the batteries due diligence obligations for economic operators

Omnibus IV is complemented by the Single Market Strategy Communication , which reinforces packaging-related regulatory harmonization efforts—a critical development for EPR stakeholders.

Official source: Omnibus IV Package

The EU Commission has already teased two upcoming Omnibus packages , o ne focused on the Chemical Industry followed by the Digital Omnibus.

As these initiatives take shape, envenance remains committed to monitoring the details and the consequences for economic operators in the field of EPR.

EU Commission commits to a seamless Single Market – Is the end of EPR fragmentation finally in sight?

Thu, 22 May 2025 11:38:21 GMT

envenance on compliance.

With its new strategic communication “The Single Market: our European home market in an uncertain world” ( COM(2025) 500 final) , the European Commission has unveiled a far-reaching plan to unlock the full potential of the Single Market. In response to "(...) global economic uncertainty and geopolitical tensions (...)", Brussels aims to simplify, digitalize, and harmonize market conditions across the EU—including in the area of Extended Producer Responsibility (EPR).

For envenance customers managing EPR obligations for WEEE, batteries, packaging, and and also textiles, this Communication signals significant upcoming changes designed to enhance regulatory coherence, reduce administrative complexity, and eliminate national inconsistencies.

The strategy is built on ten pillars, including the removal of market barriers, stronger support for SMEs, more effective digitalization, regulatory simplification, and robust enforcement. Crucially, the Commission explicitly acknowledges the “fragmented rules on packaging, labelling and waste” as a key barrier to a functioning internal market: A hypothetical lighting company selling in ten EU countries would today face ten different authorities, ten different EPR schemes, and ten different processes for registration, reporting, and fee management. The Commission’s strategy aims to change this reality.

To streamline the EPR framework, the Commission proposes the following key actions:

harmonize labelling requirements through sector-specific legislation, and promote digital labelling via the Digital Product Passport
remove unjustified authorized representative requirements and reduce reporting obligations (e.g. to annual frequency)
tackle fragmentation of national EPR schemes through harmonization, simplification, and a digital one-stop shop for registration and reporting
reform end-of-waste and by-product criteria by creating a more consistent framework within the Single Market

While the vision is ambitious, many structural and legal questions remain:

Which central register will be used? Could an existing interoperable EU company register serve this purpose, or is a new system required?
Who will manage that central register?
How will data be transferred between producers, registers, and national schemes?
What does “harmonization of schemes” mean in the context of private, non-governmental compliance schemes?
How will schemes validate producer data in the future?
What legal basis will underlie producer participation going forward?
On what basis will financial contributions be calculated and distributed?

Until these reforms are enacted, producers will continue to navigate a multi-layered legal landscape: the WEEE Directive 2012/19/EU, the Packaging Directive 94/62/EC (replaced by the Packaging Regulation (EU) 2025/40), and the Batteries Regulation 2023/1542, which will soon repeal Directive 2006/66/EC. This complexity will persist in the short term, making compliance an ongoing challenge.

At envenance , we are closely following both the regulatory and structural developments stemming from this strategy. We are committed to helping our clients transition smoothly into a more harmonized and digital EPR system across Europe.

Stay connected with us for timely insights and guidance—so you can stay compliant, competitive, and ready for the next chapter of the EU Single Market.

One in – two out. What Would a Cut in Bureaucracy in the European Union Mean for Extended Producer Responsibility Regulations?

Tue, 28 Jan 2025 17:38:54 GMT

envenance on compliance.

The German chancellor candidate Friedrich Merz is committed to reducing bureaucracy in the European Union. https://www.friedrich-merz.de/merzmail/merzmail-03-2025/ In this context, he advocates the principle of "one in, two out" – meaning that for every new burdensome regulation, two existing and still effective regulations must be abolished. It is a bit ironic in the view of the author that Merz emphasizes a cut in bureaucracy, particulary regarding legal regulations at the same time when the new Packaging Regulation PPWR has been officially published – a regulation of 124 pages that replaces the Packaging Directive with merely 14 pages.

The European Union (EU) is known for its extensive regulatory framework, particularly in areas concerning environmental sustainability and waste management. One of the key mechanisms in this domain is Extended Producer Responsibility (EPR), which mandates that producers take responsibility for the entire lifecycle of their products, including waste management and recycling. However, EPR regulations are often criticized for being overly bureaucratic, with complex reporting obligations, varying national implementations, and high compliance costs. A reduction in bureaucracy within the EU could have significant implications for EPR policies.

Potential Benefits of Reduced Bureaucracy

Simplified Compliance for Businesses
Many companies, particularly small and medium-sized enterprises (SMEs), struggle with the administrative burden of EPR compliance. A streamlined approach with harmonized regulations across EU member states could reduce complexity, making it easier for businesses to fulfill their obligations without excessive paperwork and redundant national registration processes.
Increased Efficiency in Waste Management
Bureaucratic inefficiencies can slow down the implementation of waste collection and recycling initiatives. Cutting red tape could enhance collaboration between stakeholders, improve data-sharing mechanisms, and allow for faster adaptation to technological advancements in recycling and circular economy practices.
Cost Reduction for Producers
Compliance with EPR regulations often comes with high administrative costs due to the need for extensive reporting, audits, and cross-border regulatory variances. Reducing bureaucratic hurdles could lower compliance costs, allowing companies to allocate resources more effectively toward sustainable innovation and eco-design improvements.
Encouraging Cross-Border Trade and Innovation
With fewer bureaucratic obstacles, businesses operating in multiple EU countries could benefit from a more standardized regulatory environment. This is particularly interesting for companies that market their products and come from the outside of the European Union.

Potential Risks and Challenges

Risk of Lower Environmental Standards
While reducing bureaucracy can increase efficiency, there is a risk that essential environmental safeguards could be weakened. Simplification should not lead to deregulation that undermines the EU’s ambitious sustainability goals.
Uneven Implementation Among Member States
EPR systems vary across EU countries, with some having more advanced infrastructures than others. If bureaucratic cuts are not implemented carefully, disparities between national approaches could widen, making enforcement and oversight more challenging – even more than already today.
Transparency and Accountability Concerns
Robust regulatory frameworks help ensure compliance and prevent greenwashing. Cutting administrative requirements should not come at the cost of transparency, as this could lead to reduced accountability among producers and recyclers.

Leave EPR to the Free Market?

Should EPR regulations be sacrificed, the author is convinced that Extended Producer Responsibility (EPR) would not work effectively without such regulations. Waste is an external effect that cannot be left to the free market alone. EPR relies on legally binding frameworks to ensure that producers take responsibility for the environmental impact of their products throughout their lifecycle. Without regulations, several key challenges would arise:

Lack of Enforcement – Without mandatory rules, many businesses might not voluntarily invest in waste management or recycling efforts, leading to increased environmental pollution.
Market Imbalance – Companies that choose to implement sustainable practices could face competitive disadvantages compared to those that do not, creating an uneven playing field.
Insufficient Funding for Recycling Infrastructure – EPR schemes fund recycling and waste management through producer contributions. Without regulations, there would be no obligation for producers to contribute, potentially leading to underfunded waste management systems.
Ineffective Circular Economy Goals – The EU's ambitious sustainability and circular economy objectives depend on structured EPR frameworks to drive eco-design, waste reduction, and material recovery.

The Path Forward: Balancing Efficiency and Responsibility

To achieve an optimal balance, the EU should focus on harmonizing EPR requirements across member states , digitizing reporting obligations, and eliminating redundant or outdated processes. Standardized compliance mechanisms, such as a centralized EU-wide EPR registration and reporting platform, could enhance efficiency without compromising environmental integrity.

Ultimately, a reduction in bureaucracy should aim to make EPR regulations more effective rather than weaker. By streamlining administrative processes while maintaining strong oversight, the EU can create a more business-friendly environment that also upholds its sustainability commitments. While reducing bureaucracy can make EPR more efficient, completely removing regulations would likely lead to its failure, as voluntary initiatives alone are rarely sufficient to ensure widespread compliance and accountability. Cutting out the EPR rules completely is not the right way .

EU Packaging Regulation (EU) 2025/40 published

Wed, 22 Jan 2025 16:54:07 GMT

envenance on compliance.

On January 22, 2025, the new EU Packaging and Packaging Waste Regulation ( PPWR ) was published in the Official Journal of the European Union . For the first time, this regulation governs the entire lifecycle of packaging. The regulation will enter into force 20 days after publication, on February 12, 2025, and will become applicable 18 months later, on August 12, 2026 .

With this new regulation, the European Union has set ambitious goals to reduce packaging waste, promote reuse, and increase recycling rates. The regulation calls on companies to actively take responsibility for managing packaging and waste to achieve the goals of a sustainable circular economy .

Key Provisions for Businesses under Extended Producer Responsibility:

Obligation to Reduce Packaging Waste by Minimizing Volume
Packaging must be designed to minimize weight and volume without compromising functionality.
Mandatory Recycling Compatibility of Packaging
Companies must ensure that their packaging is fully recyclable by 2030, requiring adjustments in packaging design and material selection .
Promotion of Reusable Packaging
The regulation sets targets for reusable packaging , urging companies to develop and implement reusable packaging solutions to reduce waste.
Enhanced Labeling and Information Obligations
New labeling and information requirements will ensure transparency about packaging materials and disposal instructions. Companies must label their packaging accordingly.
Financial Contributions to Recycling Costs
A key aspect of the PPWR is the financial obligation of producers and entities under extended producer responsibility. Companies must contribute more to the costs of collection, sorting, and recycling. Contributions will be based on the amount placed on the market, recyclability, and environmental impact of the packaging used (eco-modulation ). From 2030, plastic packaging must contain minimum levels of recycled material to encourage recyclate use and reduce virgin plastic consumption.
Transparency and Reporting Requirements
Companies must provide detailed information on the packaging they use and its disposal. This necessitates new approaches to internal data collection and reporting.

In the essence, the PPWR aims at less packaging , more recycling and cost coverage by the producers.

What Companies Therefore Should Do Now:

Analyze the Packaging Portfolio
Assess the types of packaging used and determine whether they comply with recycling and reuse requirements.
Review and Optimize Data Management
Evaluate raw data and improve the measurement of raw and sales-weight data for packaging, as this directly impacts disposal fees.
Implement Reuse Systems
Develop strategies for incorporating reusable packaging solutions into your business model.
Strengthen Partnerships
Collaborate with recycling companies to develop innovative solutions.
Optimize Cost Management
Plan for the costs associated with extended producer responsibility and invest in eco-design to reduce fees. Also, review financial controlling processes to maintain cost oversight.

Conclusion and Outlook:

The PPWR places greater responsibility on companies for the environmental impact of their packaging. Now is the time to future-proof packaging strategies .

In the coming weeks , we will explore specific aspects of the PPWR and their impact upon companies in more detail.

If you have any questions or need support in understanding and implementing your extended producer obligations (e.g., packaging type analysis, labeling, registration, data collection), feel free to contact us!

Flashlight on Textiles

Sun, 19 Jan 2025 14:42:46 GMT

envenance on compliance.

Textiles are the fourth highest product category in terms of primary raw materials and water usage, following food, housing, and transport. In the European Union (EU) alone, approximately 5.8 million tonnes of textiles are discarded annually, translating to around 11kg per person. Alarmingly, less than 1% of all textiles worldwide are recycled into new textiles. ( Source :

https://single-market-economy.ec.europa.eu/sectors/textiles-ecosystem/strategy-textiles_en )

This situation is exacerbated by the rise of fast fashion, where consumers use clothing for shorter periods before discarding them. This behavior fuels overproduction, overconsumption, and an escalating waste crisis. At the same time, the textiles and clothing sector is economically significant within the EU, comprising over 160,000 companies, employing 1.5 million people, and generating a turnover of EUR 162 billion in 2019.

The EU’s Strategy for Sustainable and Circular Textiles

To combat unsustainable patterns, the EU has introduced the "Strategy for Sustainable and Circular Textiles," which consists of six key elements:

Mandatory Ecodesign requirements to enhance sustainability in textile production.
Prohibiting the destruction of unsold or returned textiles to minimize waste.
Tackling microplastics pollution from synthetic textiles.
Implementing information requirements and a Digital Product Passport for greater transparency.
Introducing regulations on green claims to ensure textiles marketed as sustainable meet rigorous standards.
Enforcing Extended Producer Responsibility (EPR) to encourage reuse and recycling of textile waste.

( Source )

https://environment.ec.europa.eu/document/download/74126c90-5cbf-46d0-ab6b-60878644b395_en?filename=COM_2022_141_1_EN_ACT_part1_v8.pdf

EPR Implementation Across Europe

As of January 18, 2025, several European countries have implemented or are in the process of enforcing EPR regulations for textiles, significantly impacting company obligations across the continent.

France

France has been a pioneer in textile EPR, with regulations in place since 2007. The country continues to refine its policies to promote sustainability and circularity in the textile industry. Companies must contribute to textile waste management through initiatives that enhance recycling and reuse and consumer education (see the envenance article on the Re-fashion initiative in summer 2024 here )

Hungary

Hungary implemented its textile EPR system on July 1, 2023. The regulation applies to apparel, clothing accessories, household linens, curtains, blankets, rugs, footwear, and carpets. The Hungarian system mandates registration with the National Waste Management Authority and an agreement with the designated concession company, MOHU MOL Hulladékgazdálkodási Zrt. (MOHU). Producers must submit regular reports and pay recycling contribution fees. The reporting requirements are quite complex.

Latvia

Since July 1, 2024, Latvia has enforced textile EPR, requiring businesses to either pay the Natural Resource Tax (NRT) or join a Producer Responsibility Organization (PRO). Companies must report and pay recycling contribution fees to the PRO regularly.

Netherlands

From January 1, 2025, companies placing textiles on the Dutch market must comply with EPR regulations. Obligations include financial responsibility for textile waste collection and treatment, participation in a collection scheme, and achieving reuse and recycling targets—50% by 2025 and 75% by 2030. Additionally, companies must submit annual reports on textile sales volumes and pay the according recycling contribution fees.

Spain

Starting January 1, 2025, Spanish municipalities must collect textile waste separately to improve recycling rates, currently around 12%. A forthcoming decree will establish Collective Systems of Extended Producer Responsibility, requiring producers to manage textile end-of-life processes. A pilot project involving major brands will launch in April 2025 to assess various collection methods.

European Union Initiatives and Future Outlook

The growing adoption of EPR policies across Europe reflects the EU’s commitment to sustainable textile management. By imposing fees to fund sorting and recycling initiatives, EPR ensures that textile producers take responsibility for their environmental impact. At the same time, however, the consumer education - which is a central element of the Green Deal's strategy to a circular economy anyway - plays a major role in tackling the textile waste problem.

At envenance, we continue to monitor developments in textile compliance and will keep you updated on the latest regulatory changes.

Stay tuned for further updates on textile EPR and sustainability initiatives!

Portugal: Further Guidelines on Packaging Labelling Published

Mon, 13 Jan 2025 16:47:07 GMT

envenance on compliance.

The Portuguese Decree No. 152-D/2017 ( https://diariodarepublica.pt/dr/en/detail/decree-law/152-d-2017-114337042 ) requires packaging manufacturers not only to participate in a take-back system (Sistema Integrado de Gestão de Embalagens e Resíduos de Embalagens – SIGRE) but also to take concrete measures to promote waste separation, as outlined in Article 28, paragraph 5. These measures specifically include sorting instructions for packaging waste.

According to the regulation, affected companies must take one of the following actions:

a) Labelling non-reusable primary and secondary packaging with information on the appropriate disposal location, particularly the municipal collection points (Ecopontos) where the packaging waste should be disposed of;

b) Providing information on the proper disposal of packaging waste by any suitable means, particularly in the product's usage instructions or at the points of sale.

The Portuguese environmental authority Agência Portuguesa do Ambiente (APA) recently published additional information regarding these requirements https://apambiente.pt/destaque2/lista-de-boas-praticas-sobre-correta-deposicao-nos-ecopontos . Interestingly, unlike the French legislation, the Portuguese regulator does not prescribe a specific layout for the sorting instructions. Instead, it refers to the possibility of using symbols proposed by the respective take-back systems, such as the designs provided by Pontoverde https://www.pontoverde.pt/en/simbolos_e_icones.php .

Flexibility in Designing the Instructions

Another difference from the French model is the optional requirement to indicate the colour of the waste bin. Companies can choose whether to use phrases like “Place in the yellow bin” or to use a symbol instead.

From the author’s perspective, this flexible approach helps to avoid potential conflicts like those that arose around the mandatory Triman logo in France. At the same time, it lays the groundwork for the upcoming EU Packaging and Packaging Waste Regulation (PPWR).

Practical Consumer Information Guidelines

Interestingly, the Portuguese guidelines also allow for instructions on not separating certain materials . This could be relevant, for example, for bottle caps , which should remain on the bottle during recycling. Additionally, it is recommended to inform consumers about flattening packaging to save space during disposal.

Remarkably, there is also a recommendation to include the relevant information in Braille , ensuring that visually impaired consumers have access to the sorting instructions.

Language Requirements for Sorting Instructions

A clear and binding requirement concerns the language of the sorting instructions . These must be provided in Portuguese , as the regulation targets Portuguese consumers and applies to packaging placed on the national market.

Effective Date of the Rules

The new requirements have been in effect since January 1, 2025 . Companies selling their products on the Portuguese market should ensure compliance with these rules. The approach is both flexible and pragmatic and leaves space to cover the period until the introduction of further requirements from the PPWR (see our recent article https://www.envenance-global.com/scandinavian-packaging-labelling-methodology-a-role-model-for-the-new-eu-packaging-regulation-ppwr )

Envenance keeps you informed and supports your company in implementing the new requirements.

Contact us:

�� envenance GmbH (Germany):
�� +49 89 2152 8581
�� envenance SAS (France):
�� +33 7 89 03 55 77
�� E-Mail: support@envenance.com

Scandinavian Packaging Labelling Methodology: A Role Model for the New EU Packaging Regulation (PPWR)?

Wed, 08 Jan 2025 18:36:44 GMT

envenance on compliance.

The early separation of packaging material fractions in the disposal process is crucial for the quality of the recycling process and the recyclates obtained from it. Therefore, the new EU Packaging and Packaging Waste Regulation (PPWR) requires producers across the EU to provide clear and uniform end-of-life packaging labels (sorting instructions) so that consumers can dispose of packaging materials correctly.

The question now arises as to which methodology should be defined for this purpose. In addition to the well-established Triman label in France, another sorting instruction methodology has been introduced in several Northern European countries, which may offer a glimpse into the future of Europe-wide systems for packaging sorting instructions.

Scandinavian Approaches: Focus on Clarity and Consistency

The Scandinavian countries – particularly Sweden, Norway, and Denmark – have been using well-thought-out packaging labels for years, guiding consumers on how to separate and dispose of packaging correctly. These countries rely on three key principles:

Simple and understandable symbols: Scandinavian packaging labels use clearly defined symbols that show consumers at a glance which waste fraction the packaging belongs to. For example, there are uniform symbols for paper, plastic, glass, and organic waste.
Color coding: Color coding plays a central role. Different materials are marked with specific colors, which are visible both on the packaging and at municipal collection sites. This visual consistency is supposed to facilitate the correct disposal patterns from consumers. The Scandinavian color codes are more differentiated than the current color codes used in France, Italy, Spain, and Portugal.
Sorting instructions on the packaging: In addition to symbols and colors, consumers find detailed sorting instructions on packaging, such as instructions to remove lids or labels for separate disposal. In this regard, Scandinavian labelling resembles the French Triman system.

(Source: https://cirkulaer.dk/piktogrammer-til-affaldssortering )

The Nordic Waste Symbol System

The Nordic waste symbol system currently comprises 91 standardized pictograms that cover various types and categories of waste – from plastic to electronic devices and batteries. These symbols are used by companies, public facilities, and municipal collection centers. Companies can use the symbols free of charge, meaning there are no licensing fees. Like the Triman system, the Nordic system was developed in collaboration with various stakeholders from the recycling and waste management industries and has gained wide acceptance.

For household collection, there are ten fraction categories (e.g., paper waste, electronic devices, hazardous and harmful substances). Each of these fractions has its own color. Additionally, there are 18 symbols consisting of the fraction's color, a pictogram, and the fraction designation.

For municipal collection centers, there are twelve fraction categories, some of which overlap with household collection categories. In total, 83 symbols are available to label the different fractions at municipal collection sites.

Challenges in Implementing a Unified Packaging Labelling System Based on the Scandinavian Model

Harmonization of existing systems: The French Triman is also a well-established and accepted labelling system. Based on what criteria will it be decided which system is more suitable?

Cultural differences: Acceptance and environmental awareness vary greatly between member states. Does the Scandinavian layout have the same impact on consumers in Southern Europe as it does in Scandinavia?

Infrastructure: Not all countries have the necessary collection infrastructure to ensure comprehensive implementation. What long-term effect will sorting instructions have on consumer behavior if they are not practically relevant in the short to medium term?

Consumer overload: It should be noted that a large number of symbols may enable a certain degree of consumer education accuracy, but it may also lead to confusion, resulting in misplacement of waste fractions.

Conclusion

The Scandinavian packaging labelling methodology provides valuable insights for implementing the EU Packaging Regulation (PPWR). A simple, visual, and consistent labelling system would not only help consumers dispose of packaging correctly but also support companies in complying with the new regulations. Looking to Scandinavia, as well as France, shows that clear communication of sorting instructions is key to successful consumer education regarding waste separation.

The EU now has the opportunity to expand these proven approaches across the entire Union, taking an important step towards a sustainable future. It remains to be seen whether a new approach will be chosen or an existing system will be made mandatory for all stakeholders.

Until then, companies must continue to navigate the existing national regulations and find the correct approach within the current maze of requirements (see related blog articles from envenance).

https://www.envenance-global.com/the-end-of-the-triman

https://www.envenance-global.com/packaging-labelling-in-portugal

https://www.envenance-global.com/packaging-labelling-in-spain-the-next-local-european-obligation

Need Assistance?
For help with compliance, registration, or packaging fee disclosure in Spain, contact us .

We’re here to support your business!

New Developments in Extended Producer Responsibility (EPR) 2025: What Companies Need to Know

Sun, 05 Jan 2025 16:51:21 GMT

Timelines by envenance.

At the start of 2025, several new regulations on Extended Producer Responsibility (EPR) will come into effect. These regulations impact manufacturers and distributors of products such as batteries, electrical & electrronic equipment, packaging, textiles, and furniture. envenance has summarized the most important deadlines and requirements for you.

EU: New Requirements for Packaging, Waste Shipment and Batteries

PPWR (Packaging and Packaging Waste Regulation)
In January, the new Packaging and Packaging Waste Regulation (PPWR) will be published in the Official Journal of the EU and will enter into force 20 days later. The PPWR is a lifecycle regulation, meaning its provisions cover all phases from packaging development to usage and disposal.

Waste Framework Directive and Basel Convention
Starting January 1, 2025 , stricter requirements for the documentation and authorization of cross-border waste shipments within the EU will apply. This particularly affects the shipment of waste electrical and electronic equipment (WEEE).

Battery Regulation

February 18, 2025 :
Manufacturers of electric vehicle batteries will be required to disclose the carbon footprint of their batteries.

August 18, 2025 :
Batteries must be labeled with the “separate collection” symbol.

Companies with a net turnover of more than 40 million euros in the penultimate fiscal year must comply with additional due diligence obligations, as outlined in Chapter VII

New regulations on the management of waste batteries and extended producer responsibility (EPR) will come into effect (Chapter VIII)

The existing Directive 2006/66/EC will be repealed (with exceptions for Articles 11, 12, and 21).

France: Environmental Information Requirement for Products and Packaging

The French Decree No. 2022-748 requires companies to inform consumers about the environmental properties and characteristics of their products. This obligation will apply from January 1, 2025 , to all companies with an annual turnover of more than 10 million euros that place more than 10,000 units of the affected products on the French market.

Affected Product Categories:

Packaging
Electrical and electronic equipment
Textiles
Furniture

Required Information:

Percentage of recycled materials
Usage of renewable resources
Repairability and durability
Recyclability
Presence of hazardous substances
Compostability
Reusability
Traceability
Presence of plastic microfibers

This information must be provided clearly and understandably to consumers, either electronically, via labeling, or by other appropriate means.

Spain: New Obligations for Packaging and Textiles

From January 1, 2025 , sorting instructions on household packaging will be mandatory.
Invoices must include disposal costs for each packaging material, which are paid to the relevant collection systems.
From April 1, 2025 , a pilot project for the collection of used textiles on the Spanish territory will begin in response to the European-wide introduction efforts for textile collection schemes

Portugal: Sorting Instructions on Packaging

From January 1, 2025 , packaging that is falling into the EPR scope and is reported to packaging collection schemes must include sorting instructions indicating the appropriate recycling containers per packaging material

Denmark: Registration Requirement and Extended Producer Responsibility for Packaging

In Denmark, extended producer responsibility for packaging will take effect on January 1, 2025 . Companies placing packaging on the Danish market for the first time had to register with the Danish Producer Responsibility Register "Dansk Producentansvar" (DPA) by April 1, 2024 , and had to report their planned packaging quantities.

Other Important Deadlines:

January 14, 2025 : Obligation to join a collective collection system.
July 1, 2025 : Reporting of actual packaging quantities placed on the market in 2024.

United Kingdom:

New EPR Requirements for Packaging

From January 1, 2025 , new regulations on extended producer responsibility for packaging will come into effect in the UK. These replace the previous 2007 packaging regulations and aim to increase recycling standards and reduce the environmental impact of packaging.

From October 1, 2025 , financial obligations for household packaging distributors will increase.

Amendments of the registration process according to the WEEE Regulations 2013

By January 31, 2025, so-called "small producers," who place less than five tonnes of electrical and electronic equipment on the UK market per year, must register via the WEEE Online Service (and no longer via the NPWD portal). This registration must be renewed annually. Companies not based in the UK that are affected as distance sellers must appoint an authorized representative with a registered office in the UK. This role can be assumed by a Producer Compliance Scheme.

USA: New EPR Regulations in Oregon and Colorado

In Oregon , new EPR regulations for packaging will take effect on July 1, 2025 .
In Colorado , the deadline for registering affected manufacturers and distributors with a collection system for packaging is July 1, 2025 .

How envenance Can Support You

Complying with the new EPR requirements can be complex. envenance provides comprehensive support to ensure your company meets all obligations.

Contact us:

�� envenance GmbH (Germany):
�� +49 89 2152 8581
�� envenance SAS (France):
�� +33 7 89 03 55 77
�� Email: support@envenance.com

Packaging disposal fees on invoices in Spain – impractical and poorly timed?

Sat, 14 Dec 2024 11:57:32 GMT

envenance on compliance.

Background
Starting January 1, 2025, Spain will enforce new transparency rules under Real Decreto 1055/2022, Article 23, Paragraph 5. Producers must clearly list contributions to Extended Producer Responsibility (EPR) systems for packaging waste on invoices. These fees must be itemized separately from product prices, aiming to inform consumers about actual disposal costs and the manufacturers' environmental efforts.

Spain as a Pioneer
Spain’s approach involves:

explicit EPR fee disclosure: fees must be listed separately from product prices.
enhanced transparency: consumers and authorities gain clearer insight into waste management costs.
compliance monitoring: easier oversight of producers' financial obligations.

Challenges for EU-wide Implementation and PPWR
The upcoming EU Packaging and Packaging Waste Regulation (PPWR) lacks such invoicing transparency requirements. No other EU country currently mandates separate EPR fee listings on invoices, causing potential inconsistencies within the internal market.

Logistical Challenges for Businesses
The Spanish rule creates complex data and accounting requirements:

data collection and reporting: Companies must track packaging waste contributions by product.
invoice adjustments: Fees must be listed without VAT, posing technical issues for enterprise resource planning (ERP) systems.
undefined scope: It's unclear whether all packaging types are affected or just primary and secondary packaging.

Future Outlook and PPWR Requirements
While PPWR emphasizes recycling and circular economy goals, it does not mandate visible disposal fees. This raises the question of whether Spain’s unilateral approach will remain after PPWR’s implementation.

Additional Obligations
From 1st January 2025, registration under Real Decreto 1055/2022 and participation in a collection system will be mandatory for all packaging producers. Non-Spanish producers must appoint a local representative.

Need Assistance?
For help with compliance, registration, or packaging fee disclosure in Spain, contact us . We’re here to support your business!

The end of the Triman?

Sat, 16 Nov 2024 19:48:22 GMT

envenance on compliance.

On November 14, 2024, the EU Commission initiated an infringement procedure against the French regulator regarding the mandatory labeling of products subject to extended producer responsibility. The Commission considers the mandatory requirement for labeling with the Triman logo to be a barrier to market entry. (Source: https://ec.europa.eu/commission/presscorner/detail/en/inf_24_5223 ). A similar move was made on February 15, 2023. (Source: https://ec.europa.eu/commission/presscorner/detail/en/inf_23_525 ).

This initiative by the EU Commission is connected to the upcoming introduction of the new EU Packaging Regulation (Packaging and Packaging Waste Regulation, PPWR ) (Source: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0318_DE.html#title2 ). Article 12 of the Packaging Regulation mandates the labeling of sales packaging according to its material composition in order to help consumers sort it (sorting instructions). Because the regulation will directly apply in EU member states without needing to be transposed into national laws such as Directives, a mandatory labeling requirement with other symbols (that only apply in specific countries but cover the same subject) contradicts the nature and intention of the regulation.

What is the background?

The current Packaging Directive 94/62/EC originally did not require mandatory labeling of packaging. It only provided recommendations for labeling according to material types, which were detailed in Commission Decision 97/129/EC (Source: https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=CELEX%3A31997D0129 ). However, those were voluntary but had been made mandatory by some member states over time. These so-called alpha-numerical material codes were intended mainly for use by sorting plants and waste treatment companies in order to facilitate recycling. The Packaging Directive did not require labels that were aimed at end consumers as packaging waste producers. A first label in this regard was introduced in Germany in 1991 with the "Green Dot," which was - and still is - a registered trademark of the Dual System operator in Germany. It was used to signal to German consumers the need to separate packaging waste —based on a mandatory waste container and collection systems. The Green Dot was then introduced with few exeptions in all European EU member states (including the UK at the time), but it was mandatory only in countries like Greece, Spain, Cyprus - and France (in the meanwhile the marking with the Green Dot is no longer mandatory in any country).

It was only the European Union's Green Deal (Source: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal_en ) that made consumer behavior education a central element of the transition to a circular economy. Waste packaging accounts for 19% of the total annual waste volume in the European Union. In 2021, 84 million tons of packaging waste were generated, nearly half of which came from private households (Source: https://www.umweltbundesamt.de/daten/ressourcen-abfall/verwertung-entsorgung-ausgewaehlter-abfallarten/verpackungsabfaelle#anspruchsvollere-verwertungsvorgaben-durch-das-verpackungsgesetz ). An early separation of packaging waste material fractions, just as well as separating wet from dry packaging waste, directly influences the achievable recycling quality. Therefore, consumer behavior in disposing of packaging waste plays a crucial role and so does the consumer education in this sense.

France has taken a step in that direction with the AGEC Law, which made labeling with sorting instructions mandatory for all waste streams covered by this law—including packaging (Source: https://www.envenance-global.com/what-is-the-french-agec-legislation ). The development of a corresponding graphic labeling system was assigned to take-back systems for electrical and electronic equipment, batteries, and packaging (Source: https://www.citeo.com/le-mag/une-nouvelle-info-tri-harmonisee-pour-faciliter-le-geste-de-tri-des-emballages-et-papiers ). The result of this development was the Triman marking which has become mandatory for all affected companies in France. The Triman marking layout is designed to raise consumer awareness by using simple designs, such as pictograms, to educate on waste sorting. The author may add that this anticipates point 64 of the rationale of the Packaging Regulation (see: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0318_DE.html#title1 ) and thus is actually in line with the intention of the Packaging Regulation.

On February 15, 2023, the EU Commission filed an objection ( https://ec.europa.eu/commission/presscorner/detail/en/inf_23_525 ), stating that this national requirement constitutes a barrier to market entry, hindering free movement within the EU internal market. While the Commission's resistance was expected — and the critique of it as a market barrier is understandable — companies in the French market did not boycott the mandatory labeling but instead implemented it extensively. The author notes from personal experience that practically every packaged product used in a French household now bears the Triman logo—from croissant bags to laundry detergent, from mineral water bottles to high-end electronics, with only a few exceptions like occasional Chanel perfume bags.

Meanwhile, Italy introduced similar sorting instructions for packaging to be disposed of by consumers, and Spain and Portugal will follow in January 2025 . These three countries are less strict about the design of these sorting instructions than France, offering flexibility as long as the goal of educating consumers on which materials to dispose of in which bin is met. Additionally, there are voluntary sorting labels in Belgium and a voluntary but yet well established Scandinavian labeling system.

How to deal with the current maze of labelling requirements?

Companies, especially those with products outside of high volume consumer goods, are generally keen to include the mandatory sorting instructions on their packaging. However, due to space limitations, they often seek solutions to meet different regulatory requirements within the available space on their packaging. An internationalized Triman variant—where the French Triman design is supplemented with country codes (e.g., IT for Italy) — is an option that is being used by several companies, such as those in the food or textile industry. Is this approach wrong?

Given the upcoming introduction of the Packaging Regulation and the pending EU Commission procedure, it is clear that:

the Packaging Regulation requires uniform labeling of packaging with sorting instructions (Article 12 of the Packaging Regulation).
due to the nature of the regulation, it is unacceptable for any member state to refuse to accept the European labeling or to mandate a purely national solution.
there are indications of a preference for the Scandinavian labeling system in the accompanying implementation act

The current status of the approval process suggests that the Packaging Regulation could come into force in mid-2026 (Source: https://www.produktkanzlei.com/2024/11/04/eu-verpackungsverordnung-steht-kurz-vor-finaler-beschlussfassung/ ). Transition periods, including for packaging labeling, are applicable (see Article 12 of the Packaging Regulation).

After the transition period will end, uniform EU sorting instructions for packaging will likely apply. Just as France can already not refuse to accept the crossed-out bin symbol on electrical and electronic equipment if it is valid in other countries, France would also have to accept packaging labeled with EU-wide sorting instructions if this packaging is marketed also outside France. In an international economic space like the French market, this would initially lead to dual labeling, but eventually mark the end of the Triman, as the EU label would essentially replace the Triman itself, and companies would no longer need to use the Triman. A similar trend was observed a few years ago with the labeling of electrical and electronic devices.

Does the Triman have a future?

Unfortunately, it seems that the end of a well-thought-out, visually appealing, and widely implemented solution is imminent — one that already meets a central requirement of the Green Deal and the Packaging Regulation in the EU's second-largest market, with the potential for international application, possibly even beyond the EU —at least if the Triman must be replaced by another labeling system.

All affected companies using individual country layouts for sorting instructions or those opting for the internationalized Triman — will unfortunately have to prepare to revise their labeling in the future. If the Packaging Regulation comes into force in mid-2026, there will be time to adjust labels until at least 2028 , thanks to the transition periods (see also: https://www.produktkanzlei.com/2024/11/04/eu-verpackungsverordnung-steht-kurz-vor-finaler-beschlussfassung/ ).

Portugal enforces Packaging Labelling

Sun, 27 Oct 2024 17:20:43 GMT

envenance on compliance.

From 1 January 2025 , Portugal will enforce more extensive packaging labelling requirements, particularly under the framework of Extended Producer Responsibility (EPR) . This is part of a larger trend in the EU where member states, including France, Italy, and soon Spain , have adopted mandatory sorting instructions on consumer packaging to educate consumers on waste separation.

Key Portuguese Regulations Affecting Packaging and Waste Management : Portugal has incorporated EU directives on packaging and packaging waste, particularly Directives No. 94/62/EC and 2004/12/EC , through various decrees:

Decree-Law No. 152-D/2017 (amended in Decree-Law No. 102-D/2020 ): Outlines general rules for packaging waste management, distinguishing between reusable and non-reusable packaging. Reusable packaging must meet specific standards (Norma Portuguesa NP EN 13429:2005).
Decree-Law No. 24/2024 : Updated regulations including labelling requirements to be effective 1 January 2025.

Labelling Requirements Starting in 2025:

Article 28 (5) of Decree-Law No. 24/2024 specifies that packaging managed under the Integrated Packaging and Packaging Waste Management System (SIGRE) must:
Label non-reusable primary and secondary packaging with disposal instructions, including guidance on appropriate recycling bins, per guidelines to be published by APA , I.P. , and DGAE .
Alternatively, provide disposal information through product instructions or at points of sale.

Industrial Packaging Requirement : Portugal’s regulations will apply to industrial packaging, a European first in so far sorting instructions would be concerned, since other countries focus solely on consumer packaging.

Additional Notes :

Article 29 of Decree-Law No. 102-D/2020 outlines measures to encourage sorting and eco-friendly practices, including incentives and eco-label promotion.
The Pontoverde collective system has developed voluntary symbols for disposal instructions , though as of now, the specific government-mandated guidelines are pending.

For updates or assistance with Portuguese packaging registration, envenance offers support:

envenance GmbH (Germany) : +49 89 2152 8581
envenance SAS (France) : +33 7 89 03 55 77
support@envenance.com

Danish Packaging EPR 2024 – further specified in Q4 2024.

Sun, 20 Oct 2024 15:27:39 GMT

envenance on compliance.

The Danish Order on registration and reporting of packaging ( Bekendtgørelse om registrering og indberetning af emballage (BEK nr 466 af 16/05/2024) (source: https://www.retsinformation.dk/eli/lta/2024/466 ) regulates the Extended Producer Responsibility (EPR) for packaging in Denmark. This order determined a registration obligation by the 31 ^st August 2024 (see https://www.envenance-global.com/last-call-for-packaging-registration-in-denmark ).

On the 20 ^th September 2024, the “Order on certain requirements for packaging, extended producer responsibility for packaging and other waste that is collected with packaging waste” has been published additionally (Bekendtgørelse om visse krav til emballager, udvidet producentansvar for emballage samt øvrigt affald der indsamles med emballageaffald) (source: https://hoeringsportalen.dk/Hearing/Details/69058 ). This executive order repeals and replaces the current executive order and is expected to be in force by the 31 ^st December 2024 and is open for a hearing until the 1 ^st November 2024.

The enhancements and further specifications are relevant for meeting the obligations of the packaging EPR in Denmark:

1. Obligation to join a scheme

Whereas the previous order has left the scheme participation optional as part of the registration, the new Order now obliges all producers to join a collective packaging scheme by the 14 ^th January 2025 (source: https://prodstoragehoeringspo.blob.core.windows.net/68c942ff-b13c-496f-9bda-6c91cbb8e1c8/H%C3%B8ringsbrev.pdf , Kollektive ordninger og pligt til medlemskab)

2. Extension of scope

Appendix 6 of the new order determines the packaging scope that now includes the following packaging materials cardboard, paper, ferrous metals, aluminum, glass, plastic, food and beverage cartons, wood, textiles, porcelain, cork, ceramics and others.

3. Clarification of an annual reporting deadline

All producers have to report the actual volumes for 2024 no later by the 1 ^st June 2025 . Producers that put less than 8 tons of packaging per year onto the Danish market can choose a simplified reporting.

4. Provision of basis for recycling contribution fees (eco-modulation)

Appendix 14 of the Order determines the definition of the recycling contribution fees per packaging material. Based on a categorization of the material and its recycling quality into categories of red, yellow and green, the respective fees shall be applied per kg. The implementation of this methodology for eco-modulation is scheduled latest for the 1 ^st October 2025. Producers that use a simplified reporting (i.e. not on the basis per material category), are not concerned by the eco-modulation.

5. Voluntary packaging marking

According to § 18 of Bekendtgørelse om visse krav til emballager, udvidet producentansvar for emballage samt øvrigt affald der indsamles med emballageaffald, packaging can be marked (“(…) Emballage, som markedsføres her i landet, kan påføres en mærkning om emballagematerialernes art.”) In so far a marking is applied, however, the rules of §18 have to be respected, particularly regarding the alphanumerical codes which are listed in Annex 4. Those alphanumerical codes correspond with Commission Decision 97/129/EC ( https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31997D0129 ).

Further sources:

https://producentansvar.dk/en/products-and-responsibility/legislation/packaging-legislation/

https://erp-recycling.org/da-dk/vores-services/kategorier/emballage/

If you need support in the registration and reporting for packaging in Denmark, contact us!

Slovenia: Ready for Batteries Regulation (EU) 2023/ 1542

Wed, 09 Oct 2024 09:40:35 GMT

envenance on compliance.

Slovenia has published a new legislation that introduces the Batteries Regulation (EU) 2023/ 1542 within the country starting on the 12 ^th October 2024 . (Source: Uredba o izvajanju Uredbe (EU) o baterijah in odpadnih baterijah (PISRS) .

Since the Batteries Regulation is a life cycle legislation, there are two authorities that are responsible for the execution, the ministry for economy, tourism and sport covers the market introduction of the batteries whereas the ministry for environment, climate and energy is responsible for the end-of-life batteries and accumulators.

The market observation is delegated to the respective Market Inspection Authority of the Republic of Slovenia depending on the section of the legislation that is concerned. This leads to a split of market observation responsibilities across several authorities. In the end-of-life area, the Environmental Inspection is the relevant authority, with the exemption of waste transportation which is controlled by the authorities for environment, the finance administration and the police.

Batteries and accumulators that have been introduced according to the previous legislations can still be sold until the stocks in Slovenia are cleared.

(Source: RECIKEL, d.o.o./ 9th October 2024)

According to the opinion of the author of this article, the organizational setup shows the complexity of a life-cycle regulation such as the Batteries Regulations. A key element for market observation and enforcement will be a smooth and seamless communication between the different authorities.

How to educate the consumer: Refashion Académie at Nice

Fri, 04 Oct 2024 14:33:25 GMT

envenance on compliance.

A central element of the transformation of Europe into a circular economy is the education of the consumers. Their awareness about the recycling subject and the knowledge upon necessary disposal behaviours determine in how far the EU reaches the targets as stipulated in the Green Deal. ( see: https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal/delivering-european-green-deal_en )

As a consequence, the European empowers the consumer by better information obligations through the producers (see https://energy.ec.europa.eu/news/new-eu-rules-empower-consumers-green-transition-enter-force-2024-03-27_en ) and also by engaging the collective schemes of the various waste streams to do information campaigns.

France is among the first countries having introduced an Extended Producer Responsibility (EPR) for textiles (source: https://www.legifrance.gouv.fr/codes/id/LEGISCTA000042962652/2021-01-01 ) The collective scheme for textiles in France is Re-fashion. https://refashion.fr/citoyen/fr

The scheme currently engages in the so-called “Re-fashion Académie” and tours several cities on the Mediterranean cost in order to train the user. From the 4 ^th to the 7 ^th October 2024, the academy is at Nice on the Place Masséna. During four days, the public is informed about the importance of the separation of textiles from the regular household waste stream just as well as on the materials that come out of the recycling process. Furthermore, a workshop is offered in order to (re-) learn to sew and thus repair rather than throwing away clothes with defects.

The team from envenance SAS visited the booths (produced out of fully recycled wood) on the 4 ^th October 2024. We were told that people nowadays have the habit of throwing away clothes and buy new ones. The price of new clothing is often lower than for used ones. Therefore the objective of the education tour is to inform the consumer upon his role to separate the textiles from the regular waste stream and ensure a certain material level of the input material for the recycling process. Clean clothes in closed bags can help to ensure a better outcome of a recycled material.

At the same time, Re-fashion engages in R&D for new materials out of textiles such as isolation fibers for buildings. As we were told, the sustainability of this new product is higher than the material that is currently used when building new houses. Thus, recycling has indeed an added value.

However, the closed loop from “jeans to jeans” is still at the beginning of the journey. Even though there are examples for a successful approach (such as for certain sweaters), the outcome largely depends upon a sufficient quantity of an appropriate material on the input side of the recycling process – a quantity that cannot be easily reached yet across multiple products.

We appreciate the efforts that Re-fashion takes in the name of the responsible producers. Thank you for the feedback and bonne continuation!

Is France falling short on its industrial / commercial packaging EPR?

Thu, 03 Oct 2024 13:51:46 GMT

envenance on compliance

France has applied the Extended Producer Responsibility (EPR) for packaging since 1992 for household packaging. The Legislation n° 2020-105 of the 10 ^th February 2020 relating to the fight against waste and the circular economy (AGEC) in synchronization with Article 7 of Directive 2018/852 of 30th May 2018 amending Directive 94/62/EC upon packaging and packaging waste extends the EPR principle to the packaging of products that are used or consumed by professionals (non-household packaging or industrial/ commercial packaging).

This implementation of this legislation already started on the 1 ^st January 2023 with the obligation of packaging of professionals in the catering sector to be covered by a collective scheme.

From the 1 ^st January 2025 , so called “other professional packaging ” is now also subject to a mandatory coverage by a collective scheme .

Source: https://www.ecologie.gouv.fr/politiques-publiques/emballages-professionnels

However, the regulatory framework for the other professional packaging is yet in the development stage less than three month prior to the deadline. While awaiting the publication of draft decrees and specifications, the collective scheme CITEO – which already covers the professional catering packaging today – prepares its infrastructure for the enhanced responsibility (Source: CITEO )

As it appears to the author of this article, meeting the deadline of the 31 ^st December 2024 for preparing the schemes may be still realistic. However, it seems ambitious to expect that by the 1 ^st January 2025 all producers of commercial/ industrial non-household packaging will be registered already.

Industrial/ commercial packaging registration in Luxembourg decrypted.

Wed, 02 Oct 2024 16:37:37 GMT

envenance on compliance.

The Extended Producer Responsibility (EPR) for packaging in Luxembourg is regulated in the Law from the 21 ^st March 2017 ( Loi du 21 mars 2017 relative aux emballages et aux déchets d'emballages ) and the modification of this legislation by the amended legislation from the 9 ^th June 2022 related to waste ( loi modifiée du 9 juin 2022 relative aux déchets ).

Even though these legislations cover the EPR for packaging in Luxembourg for some years - and the necessary organisational structures have been put in place ever since - a modification for producers of industrial/ commercial packaging becomes relevant on the 1st January 2025 . This article provides the formal background information and highlights the formal amendments.

Article 3, 1. a) to c) of the Law from the 2st March 2017 determines the different categories of packaging (primary, secondary and tertiary packaging). The same article differentiates in 7. and 8. between household and non-household packaging . The term non-household packaging is commonly used for industrial/ commercial packaging.

Article 3 c) of the Law from the 2st March 2017 defines the producer role (responsible d’emballages):

“(…) any person who has packaged or had products packaged in Luxembourg with the intention of or during the placement of these products on the Luxembourg market, or, in the case where the products placed on the Luxembourg market were not packaged in Luxembourg, the importer of the packaged products, excluding the private individual who consumes them personally.”

A further clarification upon the producer role is provided by the Luxembourg Environment Authority. According to this definition, a packaging producer is:

- “(…) established in the Grand Duchy of Luxembourg, which, on a professional basis, supplies or sells directly to the Grand Duchy of Luxembourg, regardless of the sales technique used, including through distance contracts as defined in Article L. 222-1 of the Consumer Code, and places packaged products on the Luxembourg market ; or

- which is the first entity to receive , on a professional basis, packaged products imported into the Grand Duchy of Luxembourg by any natural or legal person, established or not in the Grand Duchy of Luxembourg, regardless of the sales technique used, including through distance contracts as defined in Article L. 222-1 of the Consumer Code, and places packaged products on the Luxembourg market ; or

- is established outside the Grand Duchy of Luxembourg, which, on a professional basis, sells packaged products to the Grand Duchy of Luxembourg directly to households or users other than households , regardless of the sales technique used, including through distance contracts as defined in Article L. 222-1 of the Consumer Code.”

Source: https://environnement.public.lu/fr/emweltprozeduren/Autorisations/Gestion_des_dechets_et_ressources/Emballages_et_dechets_demballages.html

Based on the amended legislation from the 9th June 2022, all household packaging obligations need to be covered by a collective scheme . For non-household packaging , the producer could participate in a collective scheme for his packaging in full or partially .

Article 7 of Directive 2018/852 of 30 ^th May 2018 amending Directive 94/62/EC upon packaging and packaging waste , however, stipulates that “(…) Member States shall ensure (…), by 31 December of 2024,” (that) “extended producer responsibility schemes are established for all packaging in accordance with Articles 8 and 8a of Directive 2008/98/EC ", (the Waste Framework Directive).

In the course of the transposition of Directive 2018/852 into the legislation of Luxembourg , the usage of a collective scheme for the fulfilment of packaging EPR in Luxembourg becomes mandatory also for a ll non-household packaging after reaching the deadline and thus by the 1 ^st January 2025 .

In the past, the collective scheme Valorlux has already covered the EPR for non-household packaging. Both generally speaking and in practical terms, the scheme mainly distinguished between primary packaging for household and particularly tertiary packaging for non-household packaging in its reporting methodology.

From the 1 ^st January 2025 onwards – based on the direct feedback from Valorlux to the author of this article– a separate reporting possibility will be put in place for pure non-household packaging producers which was not the case in the past. The participation of distance sellers in Valorlux does not require an Authorised Representative.

Please contact us, if you need to register in Luxembourg for 2025.

California applies EPR rules to textiles.

Mon, 30 Sep 2024 17:36:38 GMT

The first step on a long road.

California has chaptered the SB 707 Responsible Textile Recovery Act of 2024 on the 28 ^th September 2024.

This Act will apply the principles of the Extended Producer Responsibility to a range of apparel and other textile producers. Those economic actors will be required to establish a producer responsibility organization (PRO) and thus ensure that textiles are not disposed of in the unsorted household waste stream any longer. The PRO is supposed to define a plan for the collection, the repairing and the recycling of textiles.

This program is expected by the ^st July 2028 with the PRO having to submit a first plan by the 1 ^st July 2030.

The road is still long, but a first step is made.

Sources:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB707

https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240SB707

Foreign companies to register for plastic tax in Germany!

Sat, 07 Sep 2024 17:24:49 GMT

envenance on compliance.

Since August 2024 , foreign producers of single use plastics in Germany have to register with the Federal Environmental Agency (UBA). National German producers could already register prior to this month.

Starting in 2024, manufacturers of selected single-use plastic products are required to bear certain costs associated with the disposal and cleaning of public spaces, which were previously funded by the general public. In Germany, the Federal Environment Agency (UBA) manages the Single-Use Plastic Fund (EWKFonds) for this purpose. Through the EWKFonds platform DIVID, the registered companies pay fees and special levies into the EWKFonds (see https://www.recht.bund.de/bgbl/1/2023/124/VO.html )

The registration can only be done electronically on the DIVID platform and cannot be delegated to third parties.

It is possible to submit a request in order to determine whether a product qualifies as a single-use plastic and therefore falls under the new regulations for contributions to the Single-Use Plastic Fund. This “Einordnungsantrag” helps provide clarity on the legal framework.

Starting in 2025 , producers are required to report to the Federal Environment Agency (UBA) by the 15th of May each year the single-use plastic products they placed on the market in the previous calendar year. This reporting must be done electronically via the EWKFonds platform DIVID, in accordance with Annex 1, as per Sections 2 and 3 of the EWKFonds Act (EWKFondsG).

If you need assistance with the registration and reporting, contact us!

Visible fees – magic wands or mere grants of a guided economy?

Sun, 01 Sep 2024 17:51:04 GMT

envenance on compliance.

The term “visible fee” refers to an obligation of producers to display their financial contribution to the recycling of the individual article at the point of purchase. In so far the visible fees are a means of the “polluter pays” pinciple and the Extended Producer Responsibility (EPR). The WEEE Directive 2012/19/EU among other end-of-life legislations allows the use of visible fees (see Article 14 Directive 2 012/19/EU) . However, in most of the EU Member States the display of the costs (or the contribution) for the recycling of an individual equipment to the consumer is not a common practice. Germany even prohibits the display of visible fees to end consumers of electrical and electronic equipment (see § 7 ElektroG)

Apparently, the usage of this financing medium has some ideologic aspects in it as it appears to the author. It seems, there are expectation linked to the visible fees having a direct impact on the generation of re-usable products. Also, a higher recycled volume and thus a higher recycling rate is expected from the application of such fees. The experience shows, however, that the direct effect of the visible fees is not reaching out to these expectations (see for instance https://resource-recycling.com/recycling/2023/05/30/lessons-from-france-eco-modulated-fees-are-ineffective/ ) Why are they still in use then?

There are Pros and Cons regarding this instrument. With a view to the positive aspects , the consumer gets a clear information that his purchase implies the generation of waste – and therefore generate costs for the treatment of this waste - costs that the consumer ultimately has to (co-)finance. The display of such fees on the final receipt may lead the consumer to purchasing choices with lower recycling fees (and therefore less waste or a better recycling result).

Furthermore, the recycling industry gets a consistent funding for defined product ranges and can thus plan and install the appropriate collection and recycling facilities on the territory of the country.

State-supported fees enable the actors in the authorities and the waste operators to agree on fees based on recycling possibilities and limitations. This can lead to the recycling of goods that the free market would normally not handle due to lack of economic attractivity. Therefore the guided fees can have a positive effect on otherwise not appropriately handled waste. Visible fees therefore can have a direct impact on the improvement of the recycling.

The biggest negative aspect is probably – from the view of the author - that a regulated market is never efficient. The experiences with the guided economies in the former socialist countries clearly have marked the lessons learned. Visible fees as a standard measure may lead to over-funding in some areas where a visible fee might not even be necessary (e.g. for products with a high share and volume of valuable metals). However, as the author of this blog sees it, environmental protection as an external effect of human economic activity is not a subject that should be left to the forces of the free market alone anyway.

Furthermore, the impact of the visible fee on consumer behaviour might be questionable. The legislator might have had in mind to shake up the consumer with the display of a waste position and thus create a change of behaviour. However, does the simple fact that a French consumer is confronted with a 10 Euro recycling contribution fee on the invoice for his new washing machine raise his awareness of the recyling necessity? Would he buy a re-used machine just to save those 10 Euro? Does the visible recylcing fee have an impact at all on his purchasing decision for an equipment that costs him on an average between 500 and 600 Euro?

The short highlights above already show that the visible fees are neither just a grant of a guided economy nor a magic wand that would change consumer behaviour significantly.

However, in the light of the many instruments that the circular economy requires and keeping in mind that handling of external effects such as environmental pollution cannot be left to the forces of the free market alone, visible fees are a means to generate a plannable budget for the recycling industry and indicate to the consumer that he also has a role in the entire circle. Visible fees might not be the key to achieving recycling goals, but they are one methodology that should not be merely banalized or even abandoned.

The EU reality is that a range of countries apply visible fees . Those charges are regularly updated. In order to maintain the pricing system, the producers in scope need to make sure having the right visible fees in their ERP systems in order to be able to both plan and invoice the correct charges to the end consumer. At the end of the day, the schemes invoice based on their price tables and related to the reporting data that they have received from the producers. If the producer is not up to date with the actual visible fees, he might pay the difference entirely by himself .

How to forecast recycling costs in 2025.

Fri, 30 Aug 2024 06:58:06 GMT

envenance on financing compliance.

Extended Producer Responsibility (EPR) becomes increasingly costly for both producers and consumers throughout a range of European countries. One example is the development of the eco-contributions in France that is projected for 2025 as we have reported in our recent blog: https://www.envenance-global.com/eco-contribution-fees-in-france-will-increase-in-2025 .

For companies, i.e. the producers in the terminology of EPR, the financing of the organization of the collection and the recycling of their articles that fall into the EPR (e.g. WEEE, batteries, packaging) can represent a significant amount in the profit and loss statement. Any valid input for the budget plan and the according accruals is therefore appreciated. Fortunately, both authorities and schemes communicate whenever possible upfront about any price developments.

Sweden has now announced that it will increase the contribution fees for packaging with origin from private households. This concerns particularly paper, plastic, glass and metal materials (Source: https://npa.se/en) As the Swedish collective scheme Närlingslivets Producentansvar comments, the logistics cost of collection from municipalities have increased at the same time as the collection volumes have increased also. On the other side, the volumes of paper and glass put onto the market have decreased. This leads to a lower income position for the collection schemes. The fees for packaging from generation sources other than private households, however, will remain stable for the time being. Based on the experience of the author of this blog, commercial and industrial packaging waste can be planned and organized more efficiently than operating a municipal collection infrastructure that needs to be ready to act anywhere on a state’s territory – particularly in larger country such as Sweden with a significant portion of both remote and rural areas.

The introduction of Packaging EPR in the UK has determined new methods of cost calculations for both schemes and producers. The charges are calculated on the basis of the previous year’s market volumes that are reported by the producers. The fees themselves are incurred from the 1 ^st April each year. This means, in return, that the fees for 2025 will not be known prior to the 1 ^st April 2025 which is too late for the producers' finananicial budget plans that are scheduled already in 2024. In order to respond to this issue, the Department for Agriculture, Environment and Rural Affairs (DAERA) in the UK has now published a set of illustrative base fees for the compliance period 2025/2026 for each of the eight packaging categories in the UK.

envenance will continue to screen the market and publish more relevant news about this topic in this blog series. If you have any particular inquiries, please contact us.

Extended Producer Responsbility in South Africa. An overview.

Mon, 26 Aug 2024 09:29:41 GMT

envenance on compliance.

South Africa regulates the Extended Producer Responsibility by Section 18 of the Regulations of the National Environmental Management: Waste Act (NEMWA) which came into effect in 2021. https://www.gov.za/sites/default/files/gcis_document/202006/43481gon718.pdf )

The EPR Regulations apply to products according to the definition in section 18 (1) (a) of the Act and to the producers of those identified products published in the Government Gazette by the Minister. Based on those publications, the current scope spans across lighting equipment , a range of packaging including paper and plastic packaging , small, medium and large electrical and electronic equipment and batteries .

Companies in scope (“producers”) need to register with the Department of Forestry, Fisheries and Environment (DFFE) . The registration is executed online on a S18 registration form and applies for South African companies with a registration number according to the Companies Act 2008 (Source: http://cr.environment.gov.za/ )

The producers then need to ensure that all identified products are covered by an appropriate EPR Scheme / Producer Responsibility Organisation ( PRO ). Obligated producers can either join an existing PRO or form a new PRO.

Once a PRO is joined, the producers need to regularly report the sales volume weights of the products and pay the according recycling contribution fees to the respective scheme which then engages in the collection and the recycling of the equivalent waste streams. The fee structure itself is currently under investigation. Regarding this aspect, the Minister of Forestry, Fisheries and the Environment published a “Draft Guideline and Toolkit for the Determination of Extended Producer Responsibility Fees in terms of sections 72 and 73 of the National Environmental Management: Waste Act, 2008 (“NEMWA”) “ for public consultation in February 2024. (Source: https://www.dffe.gov.za/sites/default/files/legislations/nemawa_extendedproducerfeestoolkit_g50067gon4308.pdf )

The intention of the authorities is to provide a standardized fee structure. However, the schemes may still choose individual fees in the future in order to cover their specific collection and treatment cost requirements. Based on the experience of the author, this may lead not only to a differentiation in fees, but also to a variation of reporting structures even within the same product stream depending on which scheme is chosen. We have this phenomenon already in Europe regarding the registration standards from authorities twoards the registration profiles from schemes.

Last call for packaging registration in Denmark.

Wed, 21 Aug 2024 14:51:36 GMT

Timelines by envenance.

The Danish Authority Dansk Producent Ansvar ( https://producentansvar.dk ) highlights that the final deadline for companies that are in scope of the Danish packaging legislation is the 31 ^st August 2024 .

Existing companies subject to producer responsibility for Packaging must register no later than this date. Companies starting business or starting to put products that are in scope of the producer responsibility on the market after 31 August must register no later than 14 days before starting to put these products on the market.

The registration can be executed on the website of Dansk Producent Ansvar . Danish companies have to use the MitID Erhverv which needs to be profiled with the right ”Producer responsibility: Business” so that a log onto the DPA registers is possible. Foreign companies with an obligation in Denmark need to appoint an Authorised Representative.

The underlying legislations are the Danish Environmental Protection Act no. 48 of 12/01/2024 on amendment to Environmental Protection Act, the Order no. 466 of 16/05/2024 on registration for packaging and the Packaging Order no 1271 of 0670672021 on certain requirements for packaging

https://producentansvar.dk/en/products-and-responsibility/legislation/packaging-legislation/

For support of your registration, please contact us.

Eco-contribution fees in France will increase in 2025.

Mon, 19 Aug 2024 12:36:04 GMT

envenance on compliance.

Starting on the 1st January 2025 , the consumers in France will pay higher eco-contribution charges (eco-participation). This increase is displayed on the newly published overviews by the French scheme ecosystem.

Based on this cost breakdown, electrical equipment such as a computer mouse will see a contribution charge increas of 37,5 %. A larger equipment such as an air purifier raises by 8 % in contribution.

The eco-contribution per sales unit in France is a so-called „ visible fee “ for recycling. Such charges levied on the sales units of articles that fall into the scope of an extended producer responsibility are intended to fund the collection, recycling, and disposal of products at the end of their life span. In fact, the collected funds are used to fund an equivilant amount of articles that are to be recycled at the moment of the purchase of the new article.

Consequently, with every purchase of an article that is subject to the extended producer responsibility the end consumer in France sees a separte line item „eco participation“ on his sales receipt. This line item shows clearly the amount that is charged by the seller (e.g the retailer) related to the main item that the consumer has just acquired. The end price is the total of the article price and the eco-partipation and both line items are charged with the respective VAT.

In order to both comply with the regulations and also to budget the right amounts, the producers have to regularly verify which amounts of the eco-particpation are relevant to them and have to enter or amend those fees as individual items into both their accounting and EPR systems .

France is among six counries within the European Union that apply the concept of visible recycling fees to the arena of the Extended Producer Responsibility. Those fees therefore apply also to other areas such as furniture and toys in France.

18th August 2024 - Batteries Regulations (EU) 2023/1542

Fri, 16 Aug 2024 08:15:02 GMT

Obligations for economic operators

In addition to our last blog article upon the 18th August 2024 deadline in Europe and America , we would like to point out the differentiated obligations that Regulations (EU) 2023/1542 imposes on economic operators within the supply chain of batteries and accumulators.

The 18 ^th August 2024 deadline itself is determined by Article 96 of the Batteries Regulation (EU) 2023/1542 . More specifically, the regulations from Article 17 with the exception of Article 17 (2) and Chapter VI which includes Articles 38 to 46 are put into force by this date. Chapter VI includes the definition of the obligations of economic operators . The definition of the economic operators as such distinguishes between manufacturers, producers, importers, distributors, authorized representatives and fulfillment service providers (see Article 3 of the Batteries Regulations (EU)2023/1542 for the definitions).

As part of Chapter VI, Article 38 , 3. obliges the manufacturer of batteries that are placed on the from the 18th August 2024 to draw up an EU declaration of conformity in accordance with Article 18 and affix the CE marking in accordance with Articles 19 and 20. The definition of “placing on the market” means the first making available of a battery on the Union market (see Article 3, 1. (16)).

Articles 41 (2) b and 42 (2) b require economic operators further down in the delivery chain - namely importers and distributors - to “verify” that batteries bear a compliant CE marking before placing them on the market (for importers according to Article 41) or making them available on the market (for distributors according to Article 42) The definition of “making available on the market” means any supply of a battery for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge (see Article 3, 1. (17)).

These obligations apply regardless of whether the respective battery is installed in a device or sold separately. It is interesting to note that both articles refer to the marking and labelling of Article 13 also which comes into force later. The first deadline that Article 13 stipulates is in fact the 18 ^th August 2025 (see Article 13, 4 regarding the symbol for separate collection of batteries).

Starting on the 18 ^th August 2024, economic actors therefore need to understand their role and the corresponding obligations . Furthermore, means of controls and documentation have to be put in place in order to ensure that the fulfillment of the obligations can be verified by competent authorities.

18th August 2024: a Batteries Regulation deadline and more.

Wed, 14 Aug 2024 14:30:10 GMT

Timelines by envenance.

On the 18th August 2024 and also after the 2024 summer break some relevant EPR deadlines will become relevant across Europe and America:

Batteries Regulation (EU) 2023/1542

According to Article 96 of the Batteries Regulation, the 18 ^th August 2024 marks a deadline for the implementation of rules that are stipulated in Article 17 (except Art 17 (2) ) and Chapter VI which includes Articles 38 to 46. Based on those articles, a range of requirements apply from that date onwards:

Article 10 regarding performance and durability requirements for rechargeable industrial batteries, LMT batteries and electric vehicle batteries:

Rechargeable industrial batteries with a capacity greater than 2 kWh, LMT batteries and electric vehicle batteries shall be accompanied by a document containing values for the electrochemical performance and durability parameters set out in Part A of Annex IV of the Batteries Regulation.

Article 12 regarding the safety of stationary battery energy storage systems:

Stationary battery energy storage systems placed on the market or put into service shall be safe during their normal operation and use. 2. By the 18 th August 2024 , the technical documentation referred to in Annex VIII shall include the criteria as stipulated in Article 12, 2. a) to d).

Artikel 14 regarding the information on the state of health and expected lifetime of batteries:

From the 18th August 2024 , up-to-date data for the parameters for determining the state of health and expected lifetime of batteries as set out in Annex VII (electric vehicle batteries, stationary battery energy storage systems and LMT batteries) shall be contained in the battery management system of stationary battery energy storage systems, LMT batteries and electric vehicle batteries.

Source: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R1542

Denmark Packaging EPR

Based on the Order on registration and reporting of packaging in Denmark, companies who make packaging available on the Danish market have to register with the authority by the 31st August 2024 . Danish companies need to make sure that their MitID Erhverv is coded accordingly. The appropriate packaging scheme can be selected in the course of the registration process.

Source: https://producentansvar.dk/en/products-and-responsibility/packaging/

Germany Packaging EPR

The German collective schemes for licensed-packaging accept a reference quantity adjustment of the annual volume forecast for licensed packaging for the current year by the 31st August 2024 .

UK Packaging EPR

Large organisations (i.e. organizations with an annual turnover of more than £2 million and a responsibility for handling more than 50 tons of empty packaging or packaged goods in the UK need to collect and report packaging data for the period commencing the 1 ^st January 2024 down to the 30 ^th June 2024 and report starting on the 9 ^th August 2024. The reporting deadline to the schemes varies between the 15 ^th and 31st August 2024 .

For producers that report non-household packaging, evidence needs to be filed in order to support the assessment that the packaging is non-household. These evidences might be subject to inspection from the authorities.

Source: https://www.gov.uk/guidance/how-to-collect-your-packaging-data-for-extended-producer-responsibility#packaging-type-data

Textiles France

Starting on the 25 ^th August 2024 , decorative textiles in France require the Triman marking.

Source: https://ecomaison.com/wp-content/uploads/2023/06/FURNITURE-Webinar-Extending-the-textile-decoration-sector-sept-2023.pdf

USA EPR

The Producer Responsibility Organisation (PRO) that is named Circular Action Alliance (CAA) and which has the tasks to administer the Extended Producer Responsibility programs for packaging in Oregon is also designated for Colorado, California and Maryland.

Oregon Packaging EPR

Oregon’s paper and packaging EPR legislation, the Plastic Pollution and Recycling Modernization Act, is overseen by the Oregon Department of Environmental Quality. The authority required producers that are in scope of the legislation to join a PRO such as CAA by the 27 ^th September 2024.

Colorado’s Packaging EPR

On the basis of the Colorado House Bill 22–1355 the Colorado Department of Public Health and Environment (CDPHE) requires producers to join a Producer Responsibility Organization such as CAA by the 1 ^st October 2024.

Source: https://circularactionalliance.org/

Packaging labelling in Spain.

Wed, 07 Aug 2024 13:41:53 GMT

The next local European obligation.

The final provision (Disposición final quinta) of Real Decreto 1055/2022 makes packaging labelling for household packaging waste as outlined in Article 13 mandatory from the 1 ^st January 2025 onwards.

Source: https://op.europa.eu/en/publication-detail/-/publication/1231513d-931d-11ed-b508-01aa75ed71a1/language-es

Based on this legislation, the packaging waste sorting information must follow the following criteria:

a) per waste fraction or container: indication of the appropriate waste fraction or container where household packaging waste should be deposited.

b) for reusable packaging: in so far that the packaging is reusable, the symbol associated with the deposit, refund, and return system (Sistema de Depósito, Devolución y Retorno, SDDR) has to be included

c) for compostable plastic packaging: information about the certification standard UNE EN 13432: 2001

d) for compostable packaging: mandatory indication on the packaging: "do not abandon in the environment." (no abandonar en el entorno).

Source: https://www.ecoembes.com/en/companies/packaging-declaration/markings-of-packaging

According to Article 13 of Decree 1055/2022, the markings and labels must be applied “(…) either on the packaging itself or on the label . These markings must be clearly visible and easily legible and must have adequate persistence and durability, even after the packaging is opened.”.

For packaging made of different materials that can be easily separated, the fraction or container for each material must be indicated. If materials cannot be easily separated or in the case of composite packaging, the fraction or container corresponding to the predominant material by weight must be indicated, unless a better collection alternative that avoids potential recycling issues is demonstrated, in which case the appropriate container should be indicated (see Article 13.2 of Decree 1055/2022)

Decree 10155/2022 leaves no clear option for the usage of QR codes for the marking.

The marking of packaging with the words "environmentally friendly" (respetuoso con el medio ambiente) or any "equivalent term" is prohibited (see Article 13, 3. of Decree 1055/2022)

Companies in scope of the packaging EPR for household packaging based on Decree 1055/2022 can independently decide upon the format as long as the outlined requirements according to the marking are met, particularly regarding the information upon the waste fraction and the waste collection bin that the waste needs to be disposed into.

The collective scheme Ecoembes suggests a set of pictograms that can be used.

https://www.ecoembesthecircularcampus.com/web/app/uploads/2024/03/Symbol-for-Packaging-Recycling_2024_ENG.pdf

In the essence - and from the viewpoint of the author of this blog article – the ecoembes picograms indicate both packaging waste material and the waste collection bin (container) destination by a colour code: yellow for plastic, blue for paper, green for glass and brown for compostable packaging waste. Additionally, a wording “RECICLIA”, indicating the instruction to separate the packaging from the unsorted household waste is applied. The waste collection bin (container) symbol itself is, however, rather generic.

The marking instructions from ecoembes suggest to apply the waste collection bin destination (container) verbally when the label is not displayed in colour (al azul, al amarillo, al verde, al marron), indicating on the other side that the colouring might be enough for the communication of the appropriate collection bin. However, the pictogram library also suggests a combination of both colour and container indication on the same label. The producer has thus the liberty to decide.

What does this now mean in practical terms for a producer?

From the point of view of the author of this blog article, the Spanish legislator intends to have a sorting information for the Spanish consumer that clearly indicates a hint to recycle and the waste collection bin destination in a very pragmatic form (pictogram and very few words). In the light of the flexibility that is left to the producer for the application of the sorting instruction, it can be even imagined to apply the French Triman label in Spain by adding the “ES” country abbreviation to the Triman marking and by adding the Spanish “Recicla” wording additionally in so far as coloured labels are used. In the case of black and white Triman labels the wording needs to be extended to the respective container (e.g. RECICLA AL AMARILLO for plastic packaging waste that is determined for the yellow collection bin).

In the light of the options that the French Triman marking has for international applications and also with regard to the Italian pragmatic approach to the sorting instructions, the Triman has clearly the potential for a European sorting instruction label for consumers.

Summing up, the Spanish labelling legislator appears to leave space for pragmatic solutions indeed. However, the application of the labelling and marking as such remain mandatory starting on the 1 ^st January 2025.

Out now - envenance SAS!

Mon, 08 Apr 2024 06:38:59 GMT

Serving our clients directly from France.

Since the 18th March 2024, envenance SAS has started to serve customers on the French market. The particular requirements from the French legislation against waste and for circular economy (AGEC) together with the strict tracking requirements of operational waste returns management have opened both opportunities and necessities to have an envenance operational entity directly on the French territory.

Helmut Minor, Managing Director of envenance GmbH and President of envenance SAS: “The French legislator is putting an enormous focus on the circular economy. The consumer education by the Triman marking is only one example. Understanding the regulations is complex, also due to the French language. In order to serve our clients seamlessly in France, we now offer the entire envenance service portfolio including the Authorised Representation for WEEE in France and also the formally correct management of waste directly from within the country - soon also with local staff.

Operating out of our new offices in the Rue de France in Nice, we are looking forward to provide Authorised Representation services in France and respond to any inquiry around the French EPR for WEEE, batteries, packaging, textiles and furniture."

https://www.envenance-global.com/about

Key Deadlines for Extended Producer Responsibility (EPR) Obligations in 2024

Tue, 02 Jan 2024 11:54:04 GMT

Timelines by envenance.

On January 1st, 2024, the French Decree 2022-748 (Article R541-222) mandates producers of building products, materials, toys, and motor vehicles to disclose environmental information on a dedicated website. Additionally, a new visibility requirement for the durability index applies to Waste Electrical and Electronic Equipment (WEEE). This decree is applicable to companies with an annual revenue exceeding 20 million Euros, distributing at least 10,000 units annually in France .

Germany has initiated a revised tariff list for official fees related to WEEE and batteries (ElektroGBattGGebV) starting January 1st, 2024 .

As of January 1st, 2024 , Germany has enforced a levy on single-use plastics in compliance with the Single-Use Plastics Directive. The first payment is due in 2025.

Starting January 1st, 2024 , Finland has eliminated the packaging threshold. Companies introducing packaging into the Finnish market are now required to register and participate in one of the collective packaging schemes.

Also commencing on January 1st, 2024 , Denmark has introduced a bonus-malus model for extended guaranteed durability of electrical and electronic products. Fees will be collected for the first time on January 1st, 2025, following the reporting of 2024 market volumes.

Since January 1st, 2024 , producers of single-use plastic packaging and foodservice ware operating in California must join a producer responsibility organization (PRO) to sell, import, or distribute these materials in the state.

Vietnam has imposed specific recycling obligations for batteries effective since January 1st, 2024 .

From February 18th, 2023 , the new Batteries Regulation (EU) 2023/1542, in force since August 18th, 2023, will become effective in phases across the European Union.

By April 1st, 2024 , the Danish dpa-System expects companies introducing packaging into the Danish market to register and provide information on the expected packaging volume for 2024 in Denmark .

May 31st, 2024 , marks the final reporting deadline for large producers under the new UK packaging EPR.

Stocks of gardening products and toys lacking the Triman logo of France must be depleted by June 6th, 2024 . Post this date, adherence to Triman marking as per French regulations becomes mandatory.

July 1st, 2024 , is the deadline in Italy for implementing the plastic tax, finally applying at 0.45 € per kg of virgin plastic. The tax aims to reduce single-use plastic products (MACSI), with exemptions for medical devices or products used for storage and protection.

Starting August 25th, 2024 , decorative textiles in France require the Triman marking.

The EU Commission plans to revise the textile labeling Regulation by December 31st, 2024 , introducing specifications for physical and digital textile labeling, encompassing sustainability and circularity parameters based on proposed eco-design regulations for sustainable EU products.

WEEE Directive moves on.

Tue, 12 Dec 2023 06:07:56 GMT

EU Parliament agrees to amendments.

On the 9 ^th November 2023, the EU parliament has agreed to the amendments stipulated in the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) (COM(2023)0063.

According to the proposal, any marking and financing obligations that producers may face ex-post to the provision of equipment to the market, the application of marking and financing to open-scope equipment should apply only from the 15 ^th August 2018.

Further amendments of Directive 2012/ 19/ EU are currently under consideration. A legislation proposal is expected in December 2026.

Source

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52023PC0063

Check your compliance!

Mon, 11 Dec 2023 08:57:20 GMT

Registration for packaging EPR in Finland on the 1st January 2024.

Starting on the 1 ^st January 2024, Finland no longer applies the threshold level of 1 Mio € revenue per year. Now every company that puts packaging onto the Finish market falls into the scope of the Finish packaging EPR.

Compliance is achieved through the participation in the collective scheme RINKI. The branding of RINKI can be applied onto the packaging, but there still is no mandatory labelling requirement in Finland.

Source: https://rinkiin.fi/en/news/

What is the French AGEC legislation?

Sat, 09 Dec 2023 06:45:08 GMT

A short overview.

Legislation n° 2020-105 of the 10 ^th February 2020 relating to the fight against waste and the circular economy (AGEC) aims at the ecological transition of France into a circular economy. The application of the AGEC law is laid out in various decrees and orders. In the following we highlight the main articles of the AGEC.

Article 13 of AGEC: Consumer information on environmental qualities and characteristics

The consumer shall be informed about a specific set of environmental criteria of the products that he is using. These criteria span from repairability and durability over recycled materials down to the traceability and presence of micro plastics. The obligations are rolled out within the next two years. The application is specified per industry and company size (see also https://www.envenance-global.com/agec-decree-2022-748-france-s-environmental-labeling-regulation )

1 ^st January 2023
Annual turnover 50 million € and 25.000 units put onto the French market p.a.

1 ^st January 2024
Annual turnover 20 million € and 10.000 units put onto the French market p.a.

1 ^st January 2025
Annual turnover 10 million € and 10.000 units put onto the French market p.a.

Article 17 of AGEC: Consumer education upon sorting of waste (Triman)

Decree n°2021-835 implements the labelling of household goods with the Triman label. This label is a mandatory requirement since the 1 ^st February 2023.

Article 35 of AGEC: Prohibition to destruct unsold stock

Since the 1 ^st January 2022, it is forbidden to sell new unsold non-food stock. This prohibition relates to producers, importers and distributors.

Article 62 of AGEC: Extended Producer Responsibility (EPR)

Since the 1 ^st January 2022 a unique identification number (UIN) is applied per EPR sector and has to be displayed on invoices, web pages and the terms and conditions of companies in scope.

Article 72 of AGEC: Waste prevention and eco-design plan

The “Plan de Prévention” as stipulated in Article 72 of the AGEC legislation requires all companies that are in scope of the Extended Producer Responsibility (EPR) principle to provide a documentation of a sustainable production strategy related to the goods that they make available on the French market. The templates are provided by the collective schemes of each EPR sector and are to be handed in to those schemes.

Penalties in France are generally regulated by the Code pénal. The AGEC legislation, however, determines the penalties in Article L 541-9-6-1 and cascades per case. According to this approach, fines can range up to 20.000 € per day ( https://www.legifrance.gouv.fr/jorf/article_jo/JORFARTI000041553826

Sources:

https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000041554720

https://www.ecologie.gouv.fr/loi-anti-gaspillage-economie-circulaire

Digital Product Passport.

Tue, 28 Nov 2023 08:04:42 GMT

A short summary upon status and outlook.

The concept of a Digital Product Passport (DPP) has been laid out in the proposal for a new Ecodesign for Sustainable Products Regulation (ESPR) which was published on the 30 ^th March 2022 and aims to repeal the current Ecodesign Directive 2009/125/EC .

A DPP is a tool used to store and share relevant information throughout a product’s lifecycle and illustrate its sustainability, environmental, and recyclability attributes. It is supposed to inform consumers and other stakeholders in the product lifecycle on a product’s origin, material composition, repair, and disassembly options, as well as how the various components can be recycled. Therefore DPP are perceived by the European Union regulator as one of the key instruments to foster the circular economy.

The European Union targets to implement DPP across a wide range of products and industries. A draft regulation upon DPP will be published in December 2023 . The final approval is expected in 2024 and the implementation of the first product groups set for the beginning of the second half of 2026 . Eight priority product groups/ industries have been already selected: electronics, vehicles, textiles, plastics, construction and buildings, furniture, and chemicals.

Packaging will apparently not be subject to a specific set of rules but will be treated as component of a product placed on the market. The reason is that packaging is already addressed in the revised Packaging and Packaging Waste Directive.

With the regulation still in draft format, speculation remains about the final data requirements for a DPP. However, any DPP may include the following elements:

basic product data, such as name, weight, batch number, manufacturing date and site, and warranty details
material data, including raw material and component origin, suppliers involved in the sourcing process, certifications for ingredient provenance, the percentage of recycled content
traceability data: product history, chain of custody, details on current and past owners
repair and recycling data: information about the overall repairability of the product, plus specific repair events and instructions for end-of-life disposal.
sustainability data, e.g. a product’s carbon footprint, water use, and land/ sea/ air miles travelled.

In other words, the DPP covers the following aspects of a product’s life cycle:

- raw materials

- production processes

- product performance

- environmental impact

- social impact

The practical technical implementation of a DPP is not defined yet since a unified and harmonized system and the appropriate technology application is currently lacking. However, companies affected by the DPP sectors are well advised to prepare their data basis already. Going forward, block-chain enabled supply chain platforms may be a practice for the implementation of the DPP concept. In order to respond to these challenges, the EU Commission has started the CIRPASS (Collaborative Initiative for Standards-based Digital Product Passport for Stakeholder-Specific Sharing of Product Data for a Circular Economy) project. It involves 30 stakeholders in the field of a DPP in three industries: electronics, batteries and textiles. The aim of this project is the generation of a total of three DPP prototypes, one for each sector. Other expected outcomes of the project are recommendations for a data exchange protocol and a system architecture so that the DPP will be standardized and machine-readable.

Sources:

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:285:0010:0035:en:PDF

https://commission.europa.eu/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/sustainable-products/ecodesign-sustainable-products-regulation_en

https://cirpassproject.eu/

Done. Next step to a Packaging Regulation.

Thu, 23 Nov 2023 15:28:41 GMT

EU Parliament commits to new rules on packaging.

On the 22 ^nd November 2023, the EU parliament adopted its position upon the Proposal for a regulation upon packaging and packaging waste ( COM(2022) 677 ). The aim is to reduce the packaging and to restrict certain packaging types and even ban particular packaging such as very lightweight plastic carrier bags. Furthermore, reuse is to be encouraged and consumers have to have more refill options.

The MEP approved with 426 votes in favour, 125 against and 74 abstentions.

Once the Council adopts its position, the EU Parliament will start the talks with the national governments of the EU member states.

Source: https://www.europarl.europa.eu/news/en/press-room/20231117IPR12213/parliament-adopts-revamped-rules-to-reduce-reuse-and-recycle-packaging

All in – Finland drops packaging threshold.

Sat, 18 Nov 2023 11:41:11 GMT

Timelines by envenance.

The Finnish definition for packaging producer responsibility changes on the 1st January 2024.

The threshold of a revenue of at least one million Euro per year no longer applies. This opens the extended producer responsibility (EPR) for an estimated 30.000 companies that are making packed products available on the Finish market each year.

The EPR obligations are covered by so-called producer organisations to which the responsibility is transferred to. There are two packaging producer organisations available on the Finish market.

Source: Finnish Packaging Recycling RINKI Ltd

Batteries Regulation – Gear up for Finland.

Thu, 16 Nov 2023 19:09:36 GMT

Timelines by envenance.

Finland has established a multidisciplinary government working group in order to implement the Batteries Regulation into the Finish legislation. The first amendments will address the approval and designation of conformity assessment bodies for batteries.

The current time line forsees the implementation of Article 17 (conformity assessment) an Chapter VI (information provision with batteries) by the 18 ^th August 2024. The 18 ^th August 2025 marks the scheduled implementation date of the provisions related to waste management and extended producer responsibilities as laid out in Article 11 of Regulation (EU) 2023/ 1542. The regulation regarding the removability and repairability of batteries as laid out in Article 11 of the Batteries Regulations will be implemented on the 18 ^th February 2027.

Source: Recser Oy

REACHing out.

Sun, 12 Nov 2023 20:50:25 GMT

Swedish scheme connects WEEE fees with REACH criteria.

Starting on the 1st January 2024, the Swedish WEEE collective scheme El-Kretsen will apply higher fees to those producers that put such electrical and electronic equipment onto the market that contains more than 0,1 per cent by weight of any substance in scope of Article 57 of the REACH Regulation (EC) no 1907/2006. Exemptions may apply for those producers who have already been subject to the full chemical tax. Producers who do not reach the lower limit will pay 10 % less than the regular fee level.

Based on this approach the collective scheme does not apply a general pro-active price increase. El-Kretsen will provide a possibility within their online portal to provide documentation evidence during the declaration. Producers that don't apply such evidence, will pay their contribution fees according to the price list without reduction.

Source: https://www.el-kretsen.se/

1st January 2024: repairing pays back.

Sat, 28 Oct 2023 10:06:45 GMT

France increases finanancial attraction for repairs.

The French legislation for a circular economy (AGEC) has launched a repair bonus back in December 2022 with the intention to have electrical and electronic equipment (EEE) repaired when it was no longer covered by a warranty. As a consequence, EEE was to extend its life span before turning into waste (WEEE).

The program will now be emphasized on different levels. As Christope Béchu, Minister for Ecological Transition has announced on the 20 ^th October 2023, the intention of the French legislator is clearly to make repair more advantageous and more accessible and thus more effective in the measures against waste and planned obsolescence.

Starting on the 1 ^st January 2024, the repair bonus will double for washing machines, dish washers, tumble dryers, vacuum cleaners and televisions. For a further twenty of EEE, the repair bonus will be increased by 5,- EURO. The entire list of eligible EEE will be expanded by 49 items and will now contain 73 equipment types. Furthermore, so-called “accidental breakage” (e.g. broken mobile screens) will become part of the eligibility criteria for the repair bonus.

The re-imbursement procedures for repair shops by eco-organizations will be streamlined for acceleration. Hence, from the 1 ^st July 2024, the eco-organisations have to set up a single reimbursement platform.

Source:

https://www.ecologie.gouv.fr/christophe-bechu-annonce-hausse-et-elargissement-du-bonus-reparation

Hungary EPR registration deadline approaching.

Wed, 25 Oct 2023 08:55:37 GMT

Timelines by envenance.

The Hungarian EPR collective scheme MOHU MOL has communicated that the registration process under the mandatory EPR fee scheme has been initiated. Registrations can be executed at MOHU on an online portal.

Registrations are expected to be in place by the 1 ^st January 2024. The approval period for a registration application is 45 days. Therefore the registration data needs to be entered to MOHU by the 15 ^th November 2023.

Companies can send in product samples for evaluation also.

Source:

https://mohu.hu/media/hirek/elindult-a-drs-termekregisztracio.html

A vote of committment.

Tue, 24 Oct 2023 17:17:25 GMT

New EU rules to reduce, reuse and recycle packaging are getting closer.

On Tuesday, 24 ^th October 2023, the Environment Committee adopted its proposals to make packaging easier to reuse and recycle, to reduce unnecessary packaging and waste, and to promote the use of recycled content.

The MEPs in the Environment Committee adopted their position on a proposed regulation establishing requirements for the entire packaging life cycle, from raw materials to final disposal, by 56 votes in favour, 23 against and 5 abstentions.

The EU parliament is scheduled to vote on its negotiating mandate during the second November 2023 plenary session.

Source:

https://www.europarl.europa.eu/news/en/press-room/20231023IPR08128/packaging-new-eu-rules-to-reduce-reuse-and-recycle

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0677&qid=1697614579053

India Packaging EPR - managing the burden.

Fri, 20 Oct 2023 08:47:08 GMT

Exemptions for small producers.

The Indian regulator has suggested to exempt so-called micro and small busineses from the the obligations under the Extended Producer Responsibility (EPR) for plastic packaging waste, particularly regarding the financing of waste collections. This responsibility shall be limited to primary polymer manufacturers and importers.

However, the obligation to both register with the Central Pollution Control Board (CPCB) and to submit annual reports remain mandatory for all companies, independent of their size.

The CPCB grants a license for a period of one year with a renewal for three further years at a time. Companies have to declare the plastic material content in their packaging. Furthermore, the CPCB has set goals for a minimum level of recycling of waste from plastic packaging and also for the mandatory use of recycled plastic in packaging.

Sources:

https://www.polymerupdate.com/news/details/1269694

https://asiaactual.com/blog/new-plastic-waste-management/

https://cpcb.nic.in/displaypdf.php?id=cGxhc3RpY3dhc3RlL1BXTV9HYXpldHRlLnBkZg

Packaging EPR Denmark: lights on green again.

Fri, 13 Oct 2023 06:53:21 GMT

Ministry of Environment communicates new registration deadline.

Just after having postponed the registration deadline as a result of an unfinished legislation, the Danish Ministry of the Environment has now communicated a new mandatory registration deadline.

Based on this communicaion, companies that fall into the scope of the extended producer responsibility (EPR) for packaging in Denmark have to be registered starting the 1st April 2024.

The registration process will continue to be administered by the Danish DPA.

Source:

https://producentansvar.dk/en/documents/registration-for-packaging-on-april-1-2024/

Danish Packaging EPR postponed

Mon, 09 Oct 2023 07:18:23 GMT

Legislation not ready yet.

On the 5th October 2023, the Ministry of Environment in Denmark announced that the entry into force of the extended producer responsibility for packaging in Denmark is postponed probably until July 1 ^st 2025.

The decision consequently deferrs the deadlines that were orginanly to be met in the first quarter of 2024:

- producer registration in the central producer register (DPA-System)

- selection of a packaging collective scheme

- reporting of expected marketed amounts of packaging for the entire year 2024

A new final deadline has not been communicated.

Sources:

ERP Denmark

https://erp-recycling.org/da-dk/?gclid=CjwKCAjwyY6pBhA9EiwAMzmfwWJeKyq1lvzn9UWijDp3PXvZlBRn1tkMMsSAMdd0bKy2hzk96qeH0BoCS4AQAvD_BwE

D PA-system Denmark:

https://producentansvar.dk/en/

China: EPR for household equipment

Wed, 27 Sep 2023 10:16:17 GMT

New reporting obligations in 2024.

Starting on the 4 ^th August 2023, producer of TV sets, refrigerators, washing machines and ai-condition-appliances fall under the regulation according to Announcement 572, 2023. According to this announcement, companies have to communicate re-use and recycling targets and have to communicate waste management plans on an annual basis.

A monthly reporting schedule will be required.

Source: Fraunhofer IPA

Extended EPR reporting obligations in Slovakia.

Sun, 24 Sep 2023 09:56:15 GMT

Timelines by envenance.

On 1st July 2023, the Ministry of the Environment of the Slovak Republic published Decree No. 259/2023 Coll. This legislation imposes extended reporting and record-keeping obligations to companies that put packaging and so-called non-packaging products onto the Slovakian market.

Annex 10c of the Decree requires to report:

- data on the material composition

- the percentage of primary and recycled raw material used

This information needs to be included for the first time in the Quarter 3 report which is due in January 2024.

Source: SEWA ( https://www.sewa.sk/ )

Packaging reporting for all companies - register re-opened.

Wed, 20 Sep 2023 15:29:16 GMT

Grace deadline for 2021 packaging sales volume reports.

The Ministry of Ecological Transition and Demographic Challenge has granted an extra period for the submission of the 2021 packaging declaration to the product producer register.

This newly opened period is intended for all companies that did not submit the information during the initially established deadline that lasted from the 1st May and ended on the 31 July 2023. The extraordinary period for submitting the sales volume data for 2021 will open on the 1st November and close on the 30 November 2023 .

Source: https://www.recyclia.es/

The long view.

Fri, 15 Sep 2023 07:43:09 GMT

An outlook towards 2026 - timelines by envenance.

As many readers of the timelines by envenance have asked for a further outlook, we would like to share the the following dates today that highlight some of the timelines within the period until 2026.

2023

Sweden – Packaging EPR

1 ^st November 2023 – The possibility of using a so called “suitable collection system” ends on the 31 ^st October 2023. By the 1 ^st November 2023, an approved producer responsibility system has to be chosen. Which schemes are finally approved by the Swedish Protection Agency, will be published on the Swedish Environmental Protection Agency’s website.

Source:

https://www.naturvardsverket.se/en/guidance/extended-producer-responsibility-epr/producer-responsibility-for-packaging#E-1340467067

2024

Sweden – Textile EPR

The EU Strategy for Sustainable and CircularTextiles implements commitments made under the European Green Deal , the new Circular Economy Action Plan and the Industrial Strategy . In Sweden, EPR for textiles was introduced to promote sustainable textiles and textile waste management. The legislation, which is set to be enforced from January 1, 2024, has significant implications for the textile industry.

Italy – Plastic tax

The 2023 Italian Budget Law 2023 (law No. 197 of 29th December 202) has been postponed to the 1st January 2024 which marks the entry into force of the Plastic tax in Italy. In line with the European Strategy for plastic, the tax aims to establish a circular economy where the design and the production of plastics fully meet the needs of reuse, repair and recycling.

France – AGEC Decree 2022-748

Starting on the 1st January 2024, the following product categories must comply with the respective regulations stated in Decree 2022-748: building products and materials, toys. motor vehicles such as passenger cars, vans, motorbikes and quads. Companies with an annual revenue of more than 20 Million Euro and at least 10.000 units put onto the market have to comply.

2025 France – AGEC Decree 2022-748

On the 1st January 2025, the scope of companies that have to comply goes down to an annual of more than 10 million Euro and at least 10.000 units put onto the French market per year.

2025 Spain – sorting rules

The 1 ^st January 2025 marks the application date for the introduction of sorting rules on packaging in Spain based on Royal Decree 1055/2022. The wording and symbols are not defined yet. However, the wording “environmentally friendly” is already prohibited.

2026 Repairibility index in Belgium

Belgium becomes the second country to introduce a repairability index within the European Union. The Belgium bill that was adopted back in June 2023, introduces a reparability index based on 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 times, the price of spare parts and other criteria. With this law Belgium becomes, after France, the second European country to have a reparability index and follows France also in the use of the same indices. The reparability index is applied to household appliances such as washing machines, dishwashers, hoovers, high-pressure cleaners, lawnmowers, televisions and laptops. Therefore also the scope of product groups follow France.

Further information: https://www.recupel.be/fr/blog/indice-de-reparabilite-des-appareils-electromenagers/

UK Packaging EPR deferred.

Thu, 07 Sep 2023 04:18:18 GMT

Timelines by envenance.

On the 5th September 2023, the UK Environment Agency has communicated a regular position statement (RPS) about a deferral of the coming into force of the Packaging Extended Producer Responsibility main Statutory Instrument by 12 months. This RPS refers to the legal requirement to submit the first and second reports under the Packaging Waste (Data Reporting) (England) Regulations 2023 to the Environment Agency on or before 1 October 2023 and 1 April 2024.

The Environment Agency extends both deadlines to the 31 ^st May 2024.

The RPS will expire on the 30 ^th June 2024.

Source:

https://www.gov.uk/government/publications/reporting-packaging-data-under-extended-producer-responsibility-epr-rps-288/reporting-packaging-data-under-extended-producer-responsibility-epr-rps-288

WasteCare Compliance

Packaging EPR in Denmark – what can be expected?

Thu, 24 Aug 2023 16:54:12 GMT

ERP Denmark webinar reveals further details.

On the 24 ^th August, the Danish WEEE & batteries collective scheme ERP Denmark has communicated a summary of the current status of the implementation of the new Danish packaging EPR regulation which comes into force on the 1st January 2025.

According to ERP Denmark, around 42000 companies are effected by the new legislation and an annual cost budget of 2,35 Billion DKK (approximately 315 mio EURO) are to be allocated to the responsible producers from now on in order to be paid by them.

The legislation is still not finalized, but it can already be said, that

- the first actor in the distribution chain in Denmark will be held responsible for registration

- both b2c and b2b packaging distance sellers need to register with an Authorised Representatie (AR)

- the registration at the Danish register dpa-system has to happen in Q1 2024 until the 31 ^st March 2024

- voluntary take overs for registrations of the obliged producers will not be accepted by the dpa-system

- a forecast report for 2024 has to be provided also within Q1 2024

- a scheme has to be chosen within Q1 2024

- a threshold level of 8 tons per year applies, a scheme participation below this volume is voluntary, but requires the fulfillment of ambitious criteria of an individual take back system

- the registration fee structure will be made up of a registration one time charge, a general contribution fee, gradual contribution fees and for the schemes of a membership fee. ERP has communicated not to apply an additional membership fee for existing WEEE and battery participants in the ERP Denmark scheme.

The reporting details for producers below the threshold level of 8 tons is not finalized. Also the requirements for the information to users is not communicated yet. It is expected, however, that Denmark will introduce sorting instructions on the basis of pictrograms.

It will be interesting to see, if those pictograms may pick-up the pre-work that has been provided by the French authorities ( Triman-marking ).

Source: ERP Denmark, https://erp-recycling.org/en-dk/contact/

EPR in Denmark, France & UK: timelines by envenance

Fri, 18 Aug 2023 13:03:46 GMT

Automn 2023 and beyond.

Reaching the end of the summer period, the following timelines are coming up.

1 ^st October 2023: UK Packaging EPR

This date marks the first reporting deadline for large producers under the new UK EPR scheme for packaging.

15 ^th October 2023: France Packaging

The packaging scheme CITEO has extended the deadline for the provision of the packaging waste prevention plans (plan de prevention) that are part of the AGEC legislation in France to this date.

1 ^st January 2024: France Decree 2022-748, Article R541-222

The beginning of the new year marks the start of the obligation for producers of building products and materials, toys and motor vehicles in France to publish product information related to environmental criteria on a dedicated web site.

For WEEE, a new visible communication of the durability index now applies additionally to the already existing repairability index.

The Decree 2022-748 applies for companies with an annual revenue above 20 million Euro per year who put at least 10.000 units onto the national market in France.

1 ^st January 2024: UK Packaging EPR

Small producers have now the possibility to create a packaging EPR account.

31 ^st March 2024: UK Packaging EPR

Large producers have to report packaging data for the previous period. The deadline for the report for small producers is the 1 ^st April 2024.

Q1 2024: Denmark Packaging EPR

Producers that fall into the scope of the new packaging regulations have to choose their packaging compliance scheme.

Q4 2024: UK Packaging EPR

Material categories and packaging formats need to be reported in further details.

1st January 2025: Denmark Packaging EPR

With the start of the new year the packaging EPR rules are in force in Denmark.

2025: UK Packaging EPR

Start of application of EPR packaging fees (deferred from 2024)

WEEE scope: "equipment as part of another type of equipment"

Mon, 14 Aug 2023 06:02:49 GMT

ewrn publishes new guidance document.

The EWRN (European WEEE Registers Network ( www.ewrn.org ) is an independent network of the National Registers in charge of overseeing the national implementation of the WEEE-Directive in the respective EU Member States.

As part of the public EWRN services, guidance documents are provided that help understanding the application of the WEEE regulation to specific product portfolios. Even though the WEEE Directive 2012/19/EU applies an open scope to all electrical and electronic equipment, some exemptions exist and thus some products - even though electrical or electronic - do not fall into the WEEE scope as electrical and electronic equpment.

The exemptions have to be applied both carefully and restrictive. In the past, the EWRN has already provided a helpful guidance document about the differentiation between equipment (in the WEEE scope) and components (out of WEEE scope). In July 2023, a new guidance document has now been published: " Equipment which is specifically designed and installed as part of another type of equipment"

Both documents are an essential help for both evaluation of the application of the WEEE Directive on specific product portfolios and also as a means for a justification of the conclusion of this evaluation.

AGEC Decree 2022-748

Sat, 05 Aug 2023 16:13:53 GMT

Environmental labelling & consumer information in France.

Any producer, importer or distributor of goods that eventually become waste, falls under the French Anti-Waste-Legislation for a Circular Economy ( AGEC ). Since the 29 ^th April 2022 such goods need to display certain criteria upon the impact of both goods and their packaging upon the environment as stipulated in Decree 2022-748 . The scope of goods is defined by Article R541-221 and L541-10-1 of the Code d’Environnement.

In line with the principles upon consumer empowerment and education of the Circular Economy Action Plan II of the European Union and also in line with the European legislation, the French consumer is to be informed about core sustainability criteria of a product and its packaging that he is about to purchase. The regulation of Decree 2022-748 is thus targeting at goods and packaging destined to private households (b2c). The information to the private household/ the consumer has to take the entire life cycle of both product and packaging into consideration and not only the end of life phase. In order to avoid confusion or misleading information, any qualification labellings such as “respectful to the environment” are generally prohibited.

Article R541-222 of the code d’environnement clearly states that the information has to be be made available on a dedicated website and should be titled: “fiche produit relative aux qualités et caractéristiques environnementales”/“product sheet relating to the qualities and environmental characteristics”.

The consumer shall be informed about a specific set of environmental criteria. The emphasis of those criteria varies per industry depending on the relevance of the criteria within the life cycle of the goods and their packaging:

repairability and durability rules apply particularly to electrical and electronic equipment
compostability & possibility to re-use rules apply particulary to packaging
rules upon recycled materials & recyclability apply to packaging, electrical and electronic equipment, batteries & accumulators, furniture, textile products, sports & leisure equipment and vehicles.
rules upon the use of renewable resources apply to construction equipment
the obligation to display the presence of precious materials and rare earths apply particularly to electrical and electronic equipment and vehicles
the requirements to inform upon traceability and presence of plastic microfibres apply for clothing, footwear and household linen.

Decree 2022-748 was implemented on 1 ^st March 2022, but existing stocks could be exhausted until the 1 ^st January 2023. Since the 1 ^st January 2023, companies with an annual revenue that exceeds 50 million EUR and a sales volume of at least 25.000 units on the French market have to comply with Decree 2022-748.

From the 1 ^st January 2024 onwards this scope is narrowed to companies which revenues exceed 20 million Euro and that put a volume of at least 10.000 units on the French market. Furthermore, building products, toys and motor vehicles are covered by Decree 2022-748 starting that date.

Eventually on the 1 ^st January 2025, the ultimate scope will cover any actor which revenue exceeds 10 million Euro and who puts at least 10.000 units on the French market.

Deadline for Plan de Prévention extended.

Sat, 05 Aug 2023 09:39:07 GMT

Prevention plan for packaging in France.

Since the 1st January 2023, article 72 of the AGEC legislation obliges producers of packaging to provide a prévention plan for household packaging (licensed packaging). Originally, obliged actors in the French market had time until the 31st July to hand in their plans.

The packaging collective scheme has now extended this deadline to the 15th October 2023.

The prevention plans have to cover five year period and are supposed to provide information on three axes (3R):

reduction, re-utilization, recycling.

CITEO suggests either to participate in one of currently eleven common sectorial plans or to provide individual plans.

The plans are accessible throught the CITEO membership site. The individual plan templates are provided also by CITEO or directly by envenance GmbH.

Countdown for the Batteries Regulation - timelines by envenance.

Wed, 02 Aug 2023 16:28:51 GMT

Getting familiar with Regulation (EU) 2023/1542.

It is time to start learning a new regulation title: on the 27th July 2023, Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 was published in the Official Journal.

The end for the long standing Batteries Directive 2006/66/EC is in sight.

The new regulation will come into force on the 17th August 2023.

The application within the member states will start six months later, thus on the 18th February 2024.

Since a regulation is not transposed but applies directly, the member states have to amend their own legislatory frameworks. Since this takes more time, Directive 2006/66/EC will apply in parallel to Regulation (EU) 2023/ 1542 until the 18th August 2025.

Decided: the Green Dot in France.

Wed, 12 Jul 2023 16:22:34 GMT

Rise again?

The French Circular Economy Law of February 10, 2020 (Art. 62) introduced a new provision in the Environment Code ( L541-10-3 ) on which basis any markings that may cause confusion to consumers regarding the sorting rules would be subject to penalties. The Ministerial Order of November 30, 2020 targeted the Green Dot logo as such a cause of confusion. As a consequence the Green Dot, went under the menace of a potential prohibition.

In a recent decision, however, this menace was taken away by the responsible French authority Conseil d’Etat (CE). The CE concluded that even though the French authorities notified the European Commission about this decision, the communication in fact did not enable the Commission to fully assess the effects of the regulation. Therefore the communication did not suffice to meet the notification obligation of Art. 5 of Directive (EU) 2015/1535 upon the procedure for the provision of information in the field of technical regulations and of rules on Information.

This means that the Green may still be used in France. However, with regard to the extensive introduction of the Triman sorting rule label in France and in the light of the Proposal for a Regulation on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Packaging Regulation) which already mentions the confusing character of the Green Dot logo in its recitals (see recital 49), the fate of this logo appears to be foreseeable.

The CE decision may not mark a rise but the ultimate downfall of the Green Dot.

Source:

https://www.conseil-etat.fr/fr/arianeweb/CE/decision/2023-06-30/449872

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022PC0677

How to deal with Act 7 /2022?

Sun, 09 Jul 2023 14:17:29 GMT

Transition period allows flexibility in reporting format.

The Spanish legislation Act 7 /2022 is in force since the 1st January 2023. Based on this Act, producers and introducers of non-recycleable plastic packaging are obliged to pay a plastic tax. In the course of the declaration, a certification of the packaging will be required by an accredited body starting the 1st January 2024.

In the transition period, a valid documentation of the packaging materials by the suppliers of the packaging materials is accepted by the authorities.

Sweden – shared product responsibility for packaging.

Sun, 09 Jul 2023 14:00:52 GMT

Participation in collective schemes becomes mandatory.

In June 2022, Sweden has implemented a new regulation on producer responsibility for packaging. The regulation means that all producers must be affiliated to a producer responsibility organization that is approved by the Swedish Environmental Protection Agency as of 1 November 2023. The purpose of this regulation is to achieve higher collection and recycling rates for waste packaging.

The collection responsibility for household packaging transfers from the producers to the municipalities on January 1, 2024. The producers are responsible for financing for the collection of packaging and ensuring that the packaging waste material is recycled. This task is covered by the packaging collection scheme that is financed by the producers according to their volume reports.

Source:

https://fti.se/en/about-fti/news/news-companies/new-company-formed-to-meet-future-demands-on-producers

https://www.npa.se/en/about-us

Schweden – Geteilte Produktverantwortung für Verpackungen.

Sun, 09 Jul 2023 13:54:44 GMT

Systemteilnahme für Verpackungen wird verpflichtend.

Schweden hat im Juni 2022 neue Regelungen im Zusammenhang mit der Erweiterten Herstellerverantwortung für Verpackungen eingeführt, um höhere Sammel- und Verwertungsquoten für Altverpackungen zu erreichen. Dementsprechend ist eine Systemteilnahme für Hersteller und Inverkehrbringer ab dem 1. November 2023 verpflichtend.

Ab dem 1. Januar 2024 sind im Sinne einer geteilten Produktverantwortung die Kommunen für die Sammlung der Verpackungsabfälle und der Bereitstellung von Sammelstellen für Altverpackungen aus privaten Haushalten zuständig. Die Hersteller und Inverkehrbringer tragen die finanzielle Verantwortung für den Transport und die Behandlung der Verpackungsabfälle in den Behandlungsanlagen.

Die operativen Aufgabenstellungen erledigt das Kollektivsystem, dass die Hersteller und Inverkehrbringer gemäß Ihrer Mengenmeldungen finanzieren.

Quelle:

https://fti.se/en/about-fti/news/news-companies/new-company-formed-to-meet-future-demands-on-producers

https://www.npa.se/en/about-us

UK Packaging EPR.

Sun, 09 Jul 2023 13:25:15 GMT

UK introduces the principle of Extended Producer Responsibility for packaging.

The UK implements a new Extended Producer Responsibility (EPR) approach for packaging starting in 2024. However, due to a phased approach, business have to be aware of some obligations that are already applied in the course of 2023. Some businesses that have been previously unaffected by the current UK Packaging Waste Regulations, (due to being below the current threshold of £2 million annual turnover and placing less than 50 tonnes of packaging onto the UK market) will now be affected for the first time. The new threshold for “small producer” is (£1 million+ annual turnover and placing more than 25 tonnes of packaging onto the UK market.

In the future there will be only a “single point of compliance” for packaging. The principle of “Shared Producer Responsibility” and the use of the “packaging chain” will vanish.

The reporting of sales volume data will be generally semi-annually with the first submission required by the 1st October 2023 and producers will need to report UK-wide data (UK Nation approach).

Producers will be required to label their packaging using the “Recycle Now” trademarks.

Household packaging waste will be exclusively managed by the “Scheme Administrator” which is a new authority. Non-household packaging waste will be captured by the Packaging Compliance Schemes.

UK-Verpackungen unterliegen EPR-Prinzip.

Sun, 09 Jul 2023 13:21:59 GMT

Erweiterte Herstellerverantwortung für Verpackungen - ein neuer Weg in UK.

Das Vereinigte Königreich von Großbritannien und Nordirland führt zum Jahresbeginn 2024 für den Bereich der Verpackungen ein System der erweiterten Herstellerverpflichtung (UK EPR) ein. Aufgrund der mehrphasigen Einführung müssen sich Unternehmen aber bereits im Laufe des Jahres 2023 auf neue Verpflichtungen einstellen.

Inverkehrbringer, die bisher nicht unter die Verpflichtungen der UK-Verpackungsgesetzgebung gefallen sind (aufgrund der Bagatellgrenzen von 2 Mio GBP Umsatz und der 50-Tonnen-Grenze an jährlich in Verkehr gebrachten Verpackungen) können nun erstmals betroffen sein. Die neue Mindestgrenze für die sogenannten „kleinen Hersteller“ (small producer) liegt bei 1 Mio GBP Umsatz pro Jahr und 25 Tonnen Verpackungen pro Jahr

In Zukunft wird es nur noch einen „single point of compliance“ für Verpackungen geben. Das Prinzip der geteilten Herstellerverantwortung und der Aufteilung der Verantwortung entlang der Lieferkette wird aufgegeben.

Die Meldungen haben generell halbjährlich zu erfolgen mit einer ersten Meldung am 1 Oktober 2023. Weiterhin sollen die Meldungen die Mengen in ganz UK abdecken und nicht mehr auf die einzelnen Landesteile England, Schottland, Wales und Nordirland aufgeteilt werden.

Die Hersteller und Inverkehrbringer müssen ihre Verpackungen mit den „Recycle Now“-Logos kennzeichnen.

Haushaltsverpackungen werden ausschließlich vom neu zu schaffenden „Scheme Administrator“ administriert. Nicht-Haushaltsverpackungen werden weiterhin von den Kollektivsystemen erfasst.

Hungary is launching new EPR system.

Sat, 20 May 2023 18:19:47 GMT

Timelines by envenance.

The Hungarian system of parallel environmental contributions will undergo a change starting on the 1 ^st July 2023 . This date marks the full application of new roles of an Extended Producer Responsibility (EPR) system in the central European EU member state.

The EPR system will run additionally to the exitsting environmental product fee which is due to be paid to the Hungarian tax authorities. This system will continue but will interact with the new EPR setup that was published by the Hungarian Government as Decree 80/2023 on the 14 ^th March 2023. The Decree entered into force on the 1 ^st April 2023.

The new legislation is quite complex and imposes a range of new obligations across several product sectors and include electrical and electronic equipment, batteries, packaging just as well as single-use and other plastic products, vehicles, tyres, office paper, advertisement paper, cooking oil and fat, textile products and wooden furniture. The products are listed in annex 1 of the legislation and carry eight-digit Customs Tariff Codes.

By the 31st May 2023 , a double registration is required for companies with products in scope:

a) registration with a waste collection and treatment concession company called MOHU MOL Hulladékgazdálkodási Zrt.

b) registration on the electronic platform of the National Waste Management Authority OKIRkapu

The existing registration obligation with the tax authority for the environmental product fee is still necessary and thus require companies therefore in fact to engage in three registrations .

Foreign producers which are established outside the Hungarian territory but place products in scope onto the market in Hungary may use an Authorised Representative for the registrations. Only companies using e-commerce services (i.e. webshops) have the obligation to appoint an Authorised Representative (AR) . It has to be noted, though, that a registration with the tax authority without a local Hungarian VAT is still not possible which imposes the AR basically on all foreign companies. Furthermore, no known juridical or natural person has vastly promoted services as an Authorised Representative for foreign companies yet. Some potential candidates for such services have even denied the motivation to do this. The task of identifying AR is therefore yet to be solved.

Along with new registration obligations, the EPR system requires additional sales volume reporting tasks . The sales data will have to be provided to the National Waste Management Authority on a quarterly basis , starting on the 20th October for the 3rd quarter 2023. The reports are then transferred to the MOHU MO L o rganisation which invoices the registered companies with recycling contribution fees accordingly (and uses those fees for the actual collection and treatment operations across Hungary). When dealing with the same product, the EPR fee that is invoiced by MOHU MOL may be deducted or off-set from the amount of the environmental product fee that is payable to the tax authority.

Invoices for products in scope of the EPR system need to display the text “The seller is liable for paying the extended producer responsibility fee.”

Sources:

80/2023. (III. 14.) Korm. rendelet - Nemzeti Jogszabálytár (njt.hu)

envenance field research

Canada fighting the plastic waste

Sun, 14 May 2023 13:54:15 GMT

Timelines by envenance.

Canada proposes a regulatory framework for recycling percentages and labelling obligations for plastics.

Furthermore, a proposal of installation of a federal plastics register has been communicated. This central register shall cover a range of products including electrical and electronic equipment and packaging. Along with the obligation to register, companies which put equipment in scope onto the market would be obliged to report data regularly.

The proposals are accessible here:

https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/recycled-content-labelling-rules-plastics.html

https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/technical-paper-federal-plastics-registry.html

The deadline for any comments to these proposals is the 18 ^th May 2023 .

The following time lines are currently laid out:

End of 2023

Publication of regulation

2024

Possible start of regulation

2025

Intended start date for reporting of recycling percentages in plastics.

New regulations for WEEE, batteries & packaging ahead.

Sun, 07 May 2023 19:34:16 GMT

Timelines by envenance.

With regard to the exponentially growing regulations, it is increasingly difficult to keep pace with timelines of the introduction of new regulations. With this blog section, we now start with a series of regular brief overviews of what we think are some of the most relevant introduction dates regarding WEEE, batteries and packaging EPR. We will update this timeline overview regularly.

Our first glance highlights on upcoming packaging regulations are the following:

1 ^st July 2023: Sweden
Packaging scheme FTI becomes Näringslivets Producentansvar.

The current participation in FTI will end and will be transferred to the new organization Näringslivets Producentansvar. Companies that are already registered don’t need to do anything. The transfer will be managed automatically in the background by the two organisations.

Source: https://www.npa.se/?link_id=d4816b8b-f74e-413d-993e-7aea7f600c55

1 ^st July 2023: UK

Start of reporting under the new packaging EPR principles in the UK for large organisations.

For organisations that fall under the criteria of large organisations, accounts need to be opened with the authority on the 1 ^st July 2023. An organization is considered as being large when it has an annual turnover of £2 million or more and it is responsible for supplying or importing more than 50 tonnes of empty packaging or packaged goods in the UK per year.

The reporting data must be submitted by the 1 ^st October 2023 .

Source: https://www.gov.uk/government/publications/packaging-data-how-to-create-your-file-for-extended-producer-responsibility/packaging-data-file-specification-for-extended-producer-responsibility

1 ^st January 2024: UK
Start of reporting under the new packaging EPR principles in the UK for small organisations.

For organisations that fall under the criteria of small organisations, accounts need to be opened with the authority on the 1 ^st January 2024. An organization is considered as being small if it either generates an annual turnover between £1 million and £2 million or it is is responsible for supplying or importing more than 25 tonnes of empty packaging or packaged goods in the UK per year. The reporting data must be submitted by the 1 ^st April 2024 .

Source: https://www.gov.uk/government/publications/packaging-data-how-to-create-your-file-for-extended-producer-responsibility/packaging-data-file-specification-for-extended-producer-responsibility

1 ^st January 2024: Finland:
Threshold for packaging no longer applicable.

The current Finish packaging regulations apply a threshold of 1 million € to the registration as a packaging producer or introducer. On the 1 ^st January 2024 this threshold level will fall. From then onwards, every producer or introducer has to be registered.

1 ^st January 2025: Denmark
Introduction of Packaging EPR

Producers and introducers of packaging into the Danish market will have to comply fully with the principles of extended producer responsibility. Even though the statutory order has not been published yet, it is to be expected that registrations, participation(s) in (a) scheme(s), the reporting of sales volume data and the payment of financial contributions will be required. A threshold of 8 tons is in discussion. Below this level a simplified compliance is to be expected. The legislation will be reviewed in 2027.

Source: https://producentansvar.dk/en/products-and-responsibility/packaging/

Packaging labelling: status quo

Wed, 05 Apr 2023 10:50:06 GMT

A quick view into a maze.

The original Packaging Directive 94/62/EC did not include any obligations for the marking of packaging. It simply stipulated that “(…) Packaging shall bear the appropriate marking either on the packaging itself or on the label. It shall be clearly visible and easily legible.(…)” (see Article 8, 3 of Directive 94/62/EC).

Based on this principle of the Packaging Directive the EU Commission Decision 97/129/EC has established a system of numbering and abbreviations for an identification system for packaging materials. For materials that are not listed in the EU Commission Decision 97/129/EC, the CEN CR 14311:2002 gives the according references.

Commonly used plastic packaging is therefore marked as follows:

Material Abbreviation EU Code Marking example

Polyethylene Terephtalate PET 1 PET 1

High Density Polyethylene HDPE 2 HDPE 2

Poly Vinyl Chloride PVC 3 PVC 3

Low Density Polyethylene LDPE 4 LDPE 4

Polypropylene PP 5 PP 5

Polystyrene PS 6 PS 6

The usage of the marking system, however, has not been imposed in the past, but was left to a voluntary application by the member states.

Over the time, however, a range of additional markings was applied by individual countries which partially are perceived by users as being official markings (e.g.the Resy sign) Other markings became indeed mandatory in some countries, among them the Green Dot logo, the Tidy Man, the Mobius Loop, but also the markings as stipulated by the EU Commission Decision 97/129/EC itself. The latter have been integrated into the legislation of countries like Bulgaria, Germany, Italy, Lithuania, Portugal and Lithuania. Other countries are likely to follow in the future.

Bulgaria , Italy, Lithuania and Malta already require a mandatory usage of the alphanumerical codes of Decision 97/129/EC . Germany, Portugal and Slovenia have included the usage of the alphanumerical codes within their legislation. However, the application of those codes is not yet mandatory (see for example in Germany: § 6 VerpackG).

The recent developments regarding packaging markings are based on several EU legislations and initiatives:

Directive (EU) 2018/851 which amends the Waste Framework Directive and which mandates a separate collection for all materials

Directive (EU) 2018/852 which amends the Packaging Directive and mandates increased packaging recycling targets per material for 2025 and 2030 and calls for the establishment of EPR schemes in all member countries for all packaging

The EU Plastics Strategy which highlights the target that by 2030 all plastic packaging placed on the EU market has to be either reusable or recyclable and sets ambitious recycling targets on plastic recycling for the EU as a whole

The EU Circular Economy Action Plan includes an action item requiring information on correct separation of packaging waste at the source.

The EU Circular Economy Action Plan is the basis for a new set of sorting information rules targetting end consumers . Such sorting rules have been implemented by Italy , France and Spain .

In France , the usage of the Triman logo together with further instructions (Info-Tri) on packaging is mandatory . A detailed guide upon the requirements has been published by the collective organization CITEO. Despite an ongoing infringement process of the EU Commission, these mandatory requirements are now in force in France.

Italy follows a similar approach as France, however, - besides the application of the alphanumerical material codes - the marking rules are not as rigidly formalized. The collective scheme CONAI has published a guide in which the details are explained. CONAI suggests to place the following information on the packaging: material family, collection guidelines or collection guidelines by material family and the hint to check the local municipality guidelines for disposal of packaging. In order to communicate upon the material, CONAI suggest to use the UNI 11686 standard (e.g. blue for paper and yellow for plastics). The underlying intention is to inform about the material families that can be separated by hand and to infom the customer what to do with it. For the creation of the labelling, Conai suggests a tool called e-tichetta and which is available over the CONAI website.

Spain applies sorting rules on packaging by the 1st January 2025 . The wording and symbols are not defined yet , however, the wording “environmentally friendly” is already prohibited.

As a general conclusion for companies that are confronted with packaging labelling, it may be advisable to add the material families based on Commission Decision 97/129/EC generally on their packaging. In how far the very elaborated French labelling system can serve as a blue print for Italy and Spain (and other countries) needs to be awaited.

RD 1055/ 2022 in Spain - deadline for registration extended

Wed, 29 Mar 2023 17:48:46 GMT

Gaining time - and getting organised.

According to the Spanish RD 1050/ 2022, companies that put packaging - including industrial packaging - onto the Spanish have an obligation to register in the packaging section of the Producer Registry by the 29 ^th March 2023. At the same time, a collective scheme also for industrial packaging has to be chosen. Such schemes for industrial packaging, however, have not been approved yet.

The Producer Register communicates that the register is open also beyond the 29 ^th March 2023 with no further deadline mentioned.

https://www.miteco.gob.es/es/calidad-y-evaluacion-ambiental/temas/prevencion-y-gestion-residuos/flujos/envases/Registro-productores-producto-seccion-envases.aspx

The reporting deadlines for the years 2021 and 2022, however, remain in place. Based on this information, the new ultimate deadline reads 31 ^st July 2023.

The organization recyclia ( https://www.recyclia.es/ ) has applied for approval as collective scheme. At the same time, recyclia proposes to register the affiliated companies. A pre-contractual agreement can be signed and includes the registration support.

RD 1055/ 2022 in Spanien - Registrierungsfrist verlängert

Wed, 29 Mar 2023 17:43:20 GMT

Zeit gewinnen - und Organisation nutzen.

Der spanische RD 1050/ 2022 verpflichtet alle Unternehmen, auch diejenigen, die industrielle Verpackungen auf dem spanischen Markt in Verkehr bringen zur Anmeldung im Herstellerregister bis zum 29. März 2023. Gleichzeitig ist ein Kollektivsystem zur Sammlung auch von industriellen Verpackungen anzugeben. Diese Systeme sind aber noch immer nicht genehmigt. Das Herstellerregister kommuniziert nun eine Verlängerung der Öffnung des Registers ohne eine weitere Frist zu benennen.

https://www.miteco.gob.es/es/calidad-y-evaluacion-ambiental/temas/prevencion-y-gestion-residuos/flujos/envases/Registro-productores-producto-seccion-envases.aspx

Die Meldefristen für die Vorjahre 2021 und 2022 bleiben demnach bestehen. Daraus ergäbe sich eine neue letzte Frist für die Anmeldung bis zum 31. Juli 2023.

Die Organisation Recyclia ( https://www.recyclia.es/ ) hat sich um die Genehmigung als Kollektivsystem beworben. Gleichzeitig bietet Recyclia die Möglichkeit, die Registrierung durchzuführen und offeriert dazu entsprechende Vorverträge.

Turkey WEEE - just like in the EU?

Tue, 21 Feb 2023 12:21:15 GMT

Open scope applies from the 1st January 2024.

On the 26th December 2022, the Turkish legislator has published a new regulation upon the management of waste electrical and electronic equipment (WEEE). This legislation amends the regulatory framework from May 2012 and aims at harmonizing with the rules that are stipulated in the European Union (EU) (see Article 28 of the Regulation).

Following the logic of the previous WEEE-Directive 2002/96/EC, Turkey categorizes electrical and electronic equipment (EEE) into ten WEEE categories until the 1 ^st January 2024. Following that date, an open scope will apply and EEE will then be categorized in the same categories that are used within the EU.

In this context, producers have obligations to register and report already today (see Article 4 hh) Those obligations are comparable to the rules in the EU. Distance sellers have to nominate an Authorized Representative. The participation in collective systems is mandatory, just as well as the financing of the recycling that those schemes undertake. Sales volume reports have to be communicated to both schemes and the authorities (GEKAP reports).

The collective schemes are allocated to specific categories. None of the schemes cover all categories. The reporting criteria deviate from the European definitions, particularly regarding the determination of the EEE weight (see EU Regulation (EU) 2017/699 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0699&from=EN

In contrary to a common praxis within the EU, batteries that are incorporated within EEE do not need to be reported separately to a batteries scheme.

Additionally, the definition of the WEEE categories that the collective schemes use, appear to differ from the ones that are used for both registration and reporting (e.g. category 4 includes the IT equipment and category 6 small household appliances). This may complicate the data management for registration and reporting on the producer side.

The basic principles of the new Turkish WEEE regulation has similarities with the EU legislation. This simplifies its comprehension for a user from the EU. The transposition into the practical national processes follow, however, local rules. Also in this respect, the Turkish regulations blend into the European WEEE legislation landscape.

The text of the new regulation can be found here:

https://www.resmigazete.gov.tr/eskiler/2022/12/20221226-1.htm

Türkei WEEE - wie in der EU?

Tue, 21 Feb 2023 12:11:06 GMT

Offener Anwendungsbereich ab dem 1. Januar 2024.

Am 26. Dezember 2022 hat das türkische Ministerium für Umwelt, Urbanisierung und Klimawandel eine neue Verordnung für die Bewirtschaftung von Elektro- und Elektronikaltgeräten veröffentlicht. Hierin wird die Gesetzgebung aus dem Mai 2012 konkretisiert und gemäß Artikel 28 der Verordnung mit den Regelungen der EU harmonisiert.

Demnach gelten bis zum 1. Januar 2024 noch zehn Kategorien, die der Struktur der ehemaligen WEEE-Richtlinie 2002/96/EG folgen. Ab dem 1. Januar 2024 gilt in der Türkei dann ebenfalls der offene Anwendungsbereich wie in der EU-WEEE-Richtlinie 2012/19/EU. Elektro- und Elektronikgeräte werden somit in die sechs Kategorien eingeordnet, die auch aus der EU-WEEE-Richtlinie bekannt sind.

In diesem Zusammenhang ergeben sich bereits heute Registrierungs- und Meldepflichten, die in Ihrer Grundstruktur der europäischen Regelung gleichen. Hersteller und Inverkehrbringer müssen sich gemäß Artikel 4 hh) registrieren. Im Falle von ausländischen Direktvertreibern muss ein Bevollmächtigter benannt werden. Die Teilnahme an Sammelsystemen ist verpflichtend, ebenso wie die Abgabe von Mengenmeldungen und die Abführung von Entsorgungsgebühren. Die Mengenmeldungen müssen an die Behörden und Sammelsysteme parallel erfolgen (GEKAP-Meldungen)

Die Sammelsysteme sind auf unterschiedliche Kategorien aufgeteilt, betroffene Hersteller können also nicht alle Kategorien bei einem System entpflichten. Die Meldekriterien weichen von den Regelungen in der EU ab, insbesondere sind eingebaute Batterien als Teil des Gerätegewichtes zu melden (vergleiche hierzu Durchführungsverordnung (EU) 2017/699 https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32017R0699&from=DE)

Demgegenüber müssen die eingebauten Batterien nicht zusätzlich bei einem Batterien-Sammelsystem entpflichtet werden.

Auch scheinen die Bezeichnungen der WEEE-Kategorien bei den Sammelsystemen von den Definitionen für die Geräteeinordnungen abzuweichen, so wird unter der Kategorie 4 die ITK-Geräte und unter Kategorie 6 Haushaltskleingeräte geführt. Dadurch dürfte sich die Verwaltung der Daten für Registrierung und Meldung bei den Herstellern verkomplizieren.

Die Grundstruktur der neuen türkischen WEEE-Verordnung ähnelt den EU-Regelungen und damit fällt aus der Sicht des EU-Nutzers die grundsätzliche Orientierung leichter. Die Umsetzung und die konkreten Anforderungen sind aber lokal ausgeprägt. Betroffene Hersteller müssen sich also mit den spezifischen nationalen Anforderungen auseinandersetzen, um Konformität sicherzustellen – ebenso wie in den EU-Mitgliedsstaaten.

Der Text der neuen Gesetzgebung ist hier einsehbar:

https://www.resmigazete.gov.tr/eskiler/2022/12/20221226-1.htm

Nearly there - the last stages for the new Batteries Regulation.

Sat, 18 Feb 2023 21:07:34 GMT

Trialogue accomplished – regulation text published.

Right after the completion of the trialogue between the EU commission, the EU parliament and the EU member states, the text of the new Batteries Regulation was published on the 18th January 2023 as Interinstitutional File 2020/0353 (COD).

The text now needs to be formally confirmed by the EU parliament and the Council before being published. 20 days after the publishing date, the regulation will be in force and then applies to the member states six months later.

In contrast to the current Batteries Directive the Batteries Regulation applies directly to the country legislation of each member state and does not require a national transposition, thus thriving for more efficiency and target achievement. However, a range of transition periods are to be expected related to the individual requirements that the Regulation stipulates.

Core elements of the Batteries Regulation are:

- new specification of the definition „battery“ (e.g. 5 kg weight limit for portable batteries and introduction of an „electric vehicle battery”)

- differentiation of the producer definition

- sustainability and safety requirements (e.g. removability and replacability of portable batteries during the lifetime of an appliance)

- labelling and information requirements (e.g. with QR code)

- conformity declaration of batteries

- empowerment of the EU-commission

- definition of obligations of economic operators along the delivery chain

- obligations for registration, information and reporting

- electronic exchange & information

The text of the Regulation is accessible here:

https://data.consilium.europa.eu/doc/document/ST-5469-2023-INIT/en/pdf

Batterienverordnung - fast am Ziel.

Sat, 18 Feb 2023 20:23:01 GMT

Text der neuen Batterienverordnung nach Trialog veröffentlicht

Im Anschluss an die Verhandlungen zwischen EU-Kommission, dem EU-Parlament und den EU-Mitgliedsstaaten (sogenannter Trialog) ist der Text der neuen Batterien-Verordnung am 18. Januar 2023 unter dem Aktenzeichen 2020/0353(COD) veröffentlicht worden. Der Text muss nun noch vom EU-Parlament und dem Rat formell gebilligt werden. Nach der Unterzeichnung und der Veröffentlichung im Amtsblatt der Europäischen Union tritt die Verordnung 20 Tage später in Kraft. Die Regelungen gelten sechs Monate nach der Veröffentlichung.

Im Gegensatz zur bisherigen Batterien-Richtlinie gilt die Batterien-Verordnung in den Mitgliedsstaaten unmittelbar. Damit soll Einheitlichkeit, Effizienz, Messbarkeit und eine entsprechend hohe Zielerreichung sichergestellt werden. Bei den Detailregelungen wird es einige Übergangsfristen geben.

Zentrale Elemente der Verordnung sind:

- neue Spezifizierung der Begrifflichkeit der „Batterie“, u.a. Gewichtsgrenze der Gerätebatterien bis maximal 5 kg und Einführung einer Elektrofahrzeugbatterie

- erweiterte Differenzierung des Herstellerbegriffs

- Nachhaltigkeit und Sicherheit der Batterien (u.a. hinsichtlich der Entnehmbarkeit von Gerätebatterien)

- zeitlich gestaffelte und weitergehende Kennzeichnungsvorschriften (z.B. mit QR-Code)

- Anpassung der EU-Konformitätserklärung hinsichtlich Nachhaltigkeit, Sicherheit, Kennzeichnung und Information

- Stärkung der Rolle der EU-Kommission

- Lieferkettenverantwortung

- Registrierungs-, Informations- und Meldepflichten

- Elektronisches Informationsaustausch-System

Der Text der Verordnung kann hier eingesehen werden:

https://data.consilium.europa.eu/doc/document/ST-5469-2023-INIT/en/pdf

Quo vadis Triman?

Sat, 18 Feb 2023 17:32:08 GMT

EU-Komission leitet Vertragsverletzungsverfahren gegen Frankreich ein.

Die EU-Kommission hat am 15. Februar 2023 ein Vertragsverletzungsverfahren gegen Frankreich eingeleitet, da die französischen Auflagen zur Kennzeichnung von Produkten, Geräten, Batterien und Verpackungen mit dem Triman-Etikett gegen das Binnenmarktprinzip des freien Warenverkehrs im EU-Binnenmarkt verstoßen könnten.

Quelle: https://ec.europa.eu/commission/presscorner/detail/en/inf_23_525

Die Triman-Kennzeichnung mit Hinweisen zur Abfalltrennung für Endverbraucher soll zu einem besseren Bewusstsein der Verbraucher und zu einer Verhaltensänderung führen, die sich in einer sortenreineren Vorsortierung und damit einem höherwertigen Recycling der gesammelten Abfälle niederschlagen kann. Damit soll ein wesentlicher Beitrag zur Erreichung der Ziele der französischen und damit auch der europäischen Kreislaufwirtschaft erreicht werden ( https://commission.europa.eu/strategy-and-policy/priorities-2019-2024/european-green-deal_en )

In jüngerer Vergangenheit haben auch andere EU-Mitgliedsstaaten eigene Vorstöße zu Kennzeichnungen, Registrierungen und Erhebung von Abgaben unternommen. Als Beispiel seien hier Italien und Spanien angeführt.

Die derzeit bestehende Verpackungsrichtlinie regelt die Kennzeichnung von Verpackungen nur in Form des Hinweises auf die Kommissions-Entscheidung 97/129/EG zur freiwilligen Kennzeichnungen der Verpackungen mit Materialarten. Die damit einhergehende Freiheit im Warenverkehr wird durch die Festlegung nationaler Etikettierungen tendenziell gefährdet, zumindest stellen sie de facto einen erheblichen Zusatzaufwand für die betroffenen Hersteller und Inverkehrbringer dar, die ihre Waren auf dem europäischen Markt in Verkehr bringen wollen.

Frankreich hat nun zwei Monate Zeit, um auf den Vorstoß der EU-Kommission zu reagieren. In dieser Zeit bleiben die bestehenden Regelungen aber in Kraft. Die Triman-Kennzeichnung muss von den betroffenen Unternehmen also spätestens bis zum Ende der Übergangsfristen zum Abverkauf der Lagerbestände (bei elektrischen und elektronischen Geräten bis 15. Juni 2023) umgesetzt werden.

Das Vorgehen der EU-Kommission kann nach Einschätzung durch die envenance GmbH durchaus im Zusammenhang mit dem kürzlich veröffentlichten Entwurf der Verpackungsverordnung gesehen werden. In Artikel 11 des Entwurfs wird das Thema der unterschiedlichen Kennzeichnungsgesetze der Mitgliedstaaten adressiert und soll vereinheitlicht werden, wie auch der gesamte Entwurf im Sinne eines einheitlichen, einfacheren und standardisierten Lösung angelegt ist. Inwieweit und vor allem wann dies durchgesetzt wird, bleibt abzuwarten, auch vor dem Hintergrund weitergehender Durchführungsakte und entsprechender Übergangszeiten.

Weitergehende Quellen:

https://expertises.ademe.fr/economie-circulaire/consommer-autrement/passer-a-laction/reconnaitre-produit-plus-respectueux-lenvironnement/dossier/autres-declarations-environnementales/logos-environnementaux-obligatoires

https://www.citeo.com/info-tri

https://www.ecosystem.eco/fr/article/signaletique-consignes-tri

Packaging labelling in Italy

Thu, 02 Feb 2023 11:50:11 GMT

Packaging labelling in Italy –

in force, but with exemptions.

The packaging labelling obligation based on the Decree Nr. 360 from the 28 ^th September 2022 is in force since the 1 ^st January 2023. Based on this regulation, packaging put onto the market in Italy needs to be labelled according to the specifications laid out in the Commission Decision 97/129/EC.

Any packaging that has been produced prior to the 1 ^st January 2023 can be sold off until the stock is exhausted. The Italian regulator has put in place a differentiated system of labelling depending wether the packaging is targeting professional end users or consumers. The collective system CONAI has published a guide that explains the detailed options.

On the 26 ^th January 2023, the Italian Environment Ministry has published a statement that excludes, however, the labelling obligations for specific products that are subject to the Energy Efficiency Labelling Regulation (EU) 2017/1369 and names specifically car tyres and electrical and electronic equipment.

The statement is available under the following link in Italian language.

https://www.mase.gov.it/sites/default/files/archivio/allegati/trasparenza_valutazione_merito/ECI/2023.01.26_confindustria_riscontro.pdf

Verpackungskennzeichnung in Italien

Thu, 02 Feb 2023 11:45:22 GMT

Verpackungskennzeichnung in Kraft - aber mit Ausnahmen.

Das italienische Dekret Nr. 360 vom 28. September 2022 ist seit 1. Januar 2023 in Kraft und verpflichtet Hersteller und Inverkehrbringer von Verpackungen in Italien zur Kennzeichnung der Verpackungen mit den Vorgaben aus der Kommissionsentscheidung 97/129/EG. Verpackungen, die die Anforderungen an die Umweltkennzeichnung nicht erfüllen und am 1. Januar 2023 bereits in Verkehr gebracht oder gekennzeichnet waren, dürfen bis zur Erschöpfung der Bestände vermarktet werden.

Weiterhin gelten seit dem 1. Januar 2023 differenzierte Kennzeichnungspflichten für Verpackungen, die an private Endverbraucher abgegeben werden und die den Verbrauchern eine Hilfestellung bei der Trennung der Verpackungen geben sollen. Das Kollektivsystem CONAI hat hierzu einen detaillierten Leitfaden herausgegeben.

Am 26.01.2023 hat das Ministerium für Umwelt und energetische Sicherheit eine Stellungnahme veröffentlicht, in der kommuniziert wird, dass die Verpflichtung zur Umweltkennzeichnung von Verpackungen gemäß Artikel 219 Absatz 5 des Gesetzesdekrets 152 aus dem Jahr 2006 nicht für Produkte gilt, für die bereits eine Verpflichtung zur Energieeffizienzkennzeichnung gemäß den Bestimmungen der Verordnung (EU) 2017/1369 besteht. Darunter fallen gemäß des Ministeriums speziell Autoreifen und elektrische und elektronische Geräte.

Über den folgenden Link ist die Stellungnahme in italienischer Sprache abrufbar.

https://www.mase.gov.it/sites/default/files/archivio/allegati/trasparenza_valutazione_merito/ECI/2023.01.26_confindustria_riscontro.pdf

January 2023: new legislations in Spain

Wed, 25 Jan 2023 10:30:01 GMT

New obligations for manufacturers, importers and intra-community acquirers of packaging, WEEE & batteries.

Spain has introduced three main legislations in January 2023:

1. Royal Decree (RD) 993/2022 from the 29th November 2022, in force since 16th January 2023, upon control measures for the import of electrical and electronic equipment, batteries and accumulators from third countries.

This RD aims at speeding up the controls of registrations for RoHS, WEEE, batteries & accumulators already at the customs when entering the EU. The novelty is the introduction of a management system based on the Single Entry Point RoHS (PUE ROHS), as a single customs window for the notification of requests and the reception of the results of the controls. Another feature is the applicaton of a system called DOCUCICE, where information can be entered in advance of the time of import.

We are currently evaluating the practical consequence of the introduction of this system and the way of operational entries.

2. RD 7/2022 introduces a tax on non-reusable plastic packaging.The new tax applies from 1 ^st January 2023 and rates at 0,45 Euro per kg of non-recycled plastic in the packaging. The tax applies for manufacturers, importers and intra-community acquirers.

Order HFP/1314/2022 of 28th December 2022 published on the 30th December 2022, regulates the formal obligations, among them:

- registration in the Territorial Register of the Tax on nun-reusable plastic packaging
(preferrably until the 28th January 2023)

- information upon weight of non-recycled plastic and tax due on invoices
(requirement for manufacturers)

- establishment of an authorised representative in Spain when the taxpayer is not established

We currently evaluate the aspect of obligations of displaying the information on invoices for importers and intra-community acquireres since this is not completely comprehensible. Furthermore, we investigate the provision of an Authorised Representative for distance seller from outside Spain.

3. RD 1055/ 2022 of 27 ^th December 2022 on packaging and packaging waste applies the Extended Producer Responsibility (EPR) on all packaging, also to all commercial and industrial packaging.

The RD obliges all producers (packagers, importers or intra-Community purchasers of packaged products on the Spanish market to register within the Product Producers Register within three months (i.e. until the 29th March 2023).

In the course of the registration, a colletive scheme needs to be selected . It is, however, not yet defined which scheme will be accredited for commercial and industrial packaging. Ecoembes is currently evaluating its position, but has not confirmed yet to be the choice.

The RD will lead to obligations of displaying the registration number on invoices and will supposingly make the mandatory usage of the Green Dot logo vanish.

We currently follow-up the registration and scheme participation process and evaluate also the support that the schemes provide in those aspects.

We will keep you posted upon the progress of the implementations.

Wastecare Compliance PLC and envenance GmbH announce European cooperation.

account@domain.de — Wed, 31 Aug 2022 16:22:30 GMT

Wastecare Compliance PLC, UK and envenance GmbH, Germany announce European cooperation for WEEE, batteries and packaging.

Wastecare Compliance PLC, a leading compliance scheme for WEEE, batteries and packaging compliance in the UK and envenance GmbH have successfully started a cooperation in the area of WEEE, batteries and packaging compliance. The connection between both companies gives producers access to a compliance network across Europe and beyond. This allows multinational operating companies to have one contact for all tasks from registration over reporting, the payment of fees down to operational take backs and consulting.

The regulations in the area of WEEE, batteries and packaging are already demanding due to their national transpositions across Europe. Further country-specific developments such as the Triman-marking in France or the packaging sorting instructions in Italy are adding even more complexity. Wastecare Compliance PLC and envenance GmbH now offer a single point of access to the knowledge and the management services for

these tasks. Receiving all services out of one hand, helps saving time and costs for the companies in scope and ensures their compliance.

“It is my pleasure to announce the cooperation with envenance. Wastecare Compliance customers have now an ideal support for their overseas compliance in the area of WEEE, batteries and packaging.

Helmut Minor, the founder and Managing Director of the envenance GmbH contributes with nearly 20 years of experience in the sector. His knowledge and experience are already highly appreciated by ourselves

and our customers.”

Clément Gaubert, Director of Producer Compliance, Wastecare Compliance

PLC

“Wastecare Compliance PLC is one of the most important compliance schemes in the UK. It is both an honour and a pleasure to have been nominated as the cooperation partner in this area. Both companies

provide substantial added value to the customers by combining solid solutions, long-term experience and the ease of use. I am looking forward to working with the Wastecare Compliance team in the UK.”

Helmut Minor, Managing Director envenance GmbH

International Producer Compliance - WasteCare Compliance

New one stop solution for ITAD and WEEE services.

account@domain.de — Mon, 29 Aug 2022 08:34:02 GMT

Shuru EE ITAD Srl and envenance GmbH announce cooperation for Central and Eastern Europe.

Shuru EE ITAD Srl, Romania, an established company in the field of ITAD services and envenance GmbH, Germany, a pan-European service provider for compliance administration and management of recycling operations have today announced a cooperation for the region of Central and Eastern Europe.

The combination of the mobile data shredding capacity from Shuru EE ITAD together with the international recycling network and the single order management platform envialon.myenvenance by envenance provides multinational operating companies a single source for international data carrier destruction and WEEE recycling operations.

“A common standard, a mobile data shredder, licensed recycling partners, full visibility of the process flow and a correct documentation ensure the WEEE compliance of our customers in Central and Eastern Europe”, comments Adrian Florescu, Business Development Manager of Shuru EE ITAD Srl. “Our clients aim at a secure data destruction service on site. Furthermore, they want to comply with local waste regulations and look for trustworthy partners who can provide them with a cross-regional service level.”

“It is my pleasure to announce the cooperation with envenance. Shuru EE ITAD has now an ideal support for the provision of this important service for our customers out of one hand for multiple countries. Helmut Minor, the founder and Managing Director of the envenance GmbH contributes with nearly 20 years of experience in the sector. His knowledge, his proprietary IT platform and his network of partners are already highly appreciated by ourselves and our customers.”

Shilo Levi, CEO Shuru EE ITAD Srl

“Shuru EE ITAD Srl is one of the most serious service providers in the sector. The commitment of the staff to compliance, the technical knowhow and their determination to customer service is outstanding in the market. Both companies provide a substantial added value to the customers by combining compliant international services with an ease of use IT solution. It is both an honour and a pleasure to have been nominated as the cooperation partner.”

Helmut Minor, Managing Director envenance GmbH

White glove WEEE logistics

Sun, 19 Jun 2022 12:36:41 GMT

The myths and the reality of network management.

Throughout many industries, but particularly within the IT and medical equipment industry, the managment of end-of-life equipment includes more than just recycling and disposal. Since a wide range of equipment is installed on a lease or usage basis, those assets need to leave the financial books before they can face their final destiny. Hence, the companies putting such equipment onto the market require field inventory counts with an according standardised documentation. A simple task? Far from it.

The equipment is in most of the cases distributed around multiple countries, needs to be handled in small quantities and is to be disposed of after the value-added service. These requirements lead to a dilemma that companies regularly face: recycling companies are mostly determined to fill their shredding machinery and therefore need high volumes. Accordingly their transportation capacities are dominated by large volume loads. Doing detailed inventory counts and documentation on a small scale does not fit into their organizational setup. On the other side, transportation companies are also frequently laid out for larger volumes. Smaller transportation logistics companies are on the other side often oriented towards parcels or small volume items, but then lack of know-how in the waste sector, not to speak about the lack of licenses or approvals for waste transportation. Furthermore, there is an extremely limited choice of companies in the market that provide this service in all countries by their own organisation. Hence, network management is the requirement of the hour. The choice of appropriate transportation companies and of thoses recycling companies that have specialised departments in smaller WEEE operations - or are even specialized in such kind of WEEE operations - in such a network lead to the ability of a network manager to offer small-scale services at acceptable costs. Furthermore, if the network organisations all follow a standardized service profile, the outcome of each individual service leads to a standard result as generated by one single provider.

It is, however, nearly an art to find small transportation providers, particularly on an international level. Small logistics companies have commonly no sophisticated websites, not speaking of SEO optimization. Therefore the google search does not directly lead to them - and who wants to look up 20 pages down the road for finding a company? Company listings in the so-called "yellow pages" are also not really helpful since they very often lack of an appropriate description of the service levels. At the end it is a mixture of internet search, social media usage, chamber of commerce calls and word of mouth that lead to potential partners. However, even then the tasks are not done with. One might find companies who claim being able or willing to do the service, but it is not enough for the network manager to simply know addresses and send orders across. This applies also to the work with those recycling companies who are prepared to engage in these kind of tasks. Frequently, such WEEE operations are managed by a specialized staff who handle an enormous work load, both in execution and administration.

Network mangement is therefore essentially a communication task and relies heavily on a mixture of both written and verbal communiation and personal involvement. What does that mean and how does envenance deal with this?

Once the order is received for a pick-up, a clear instruction needs to be passed on to the networking partner. We at envenane prefer to communicate directly with the pick-up location before handing over transportation orders to the logistics company. Very often the information between pick-up site and the ultimately responsible customer has been deformed already. The author of this article calls this the "silent post effect". Do you remember the children's game when you whisper a word into one child's ear and then ten childs later a different word comes out? This happens in business also, connected with the fact that listening communication appears to catch only 75 % of the sender's message. Is then writing not the appropriate means of communication? No, a combined effort is necessary. Therefore, we at envenance make sure that the written information is verified and then passed on to the logistics company - again in writing and with verbal explanations. During the pick-up process, our company is available for feedback by telephone and we make sure to check with the pick-up location afterwards that all went well - and in cases where it didn't we again make sure that we document and implement our learnings.

Now if you think that the heavy part is over, it is still all wrong. Receiving documents from networking partners, having invoice data and getting feedbacks automatically - very often unknown. Why does it take up to two months for receiving a weighing note from a WEEE recycling plant? Due to lack of communication. It is again not enough to write mails - and in respect of the already mentioned work load of the people involved, a pure management follow-up is neither appropriate nor sufficient. Communication processes need to be understood and implemented before the order. Once this is done, a simple phone call can do miracles for both sides.

At the end of the day, the payment procedure is relevant also. Once partners know that they are paid correctly and in time and not systematically after having sent out several reminders, those partners are happy to serve and also go the extra mile. Pushing for performance at no costs is leading to delayed reactions - at best. If you ever wonder about the lack of enthusiasm of partners regarding your orders, maybe take a look at the accounts payables.

Summing up, value-added logistics services for WEEE take-backs require access to a network of small-sized transportation companies with waste approvals and specialized WEEE recycling partners or departments. Managing such a network requires constant and intense communication, both in writing and verbally and along the entire process. People with good international communication skills achieve. A mere e-mail management to an address data base will definitely fail.

If you would like to see international network management at work, challenge us .

German B2B take-back concept in place?

Mon, 23 May 2022 07:32:36 GMT

Deadline for registration is the 30th June 2022.

Since the 1st January 2022, the German WEEE legislation ElektroG obliges all producer and introducer of electrical and electronic equipment that are designed for other users than private households (B2B) to register a take-back concept within the central WEEE register Stiftung elektro-altgeräte-register (ear).

Companies that had been registered prior to the 1st January 2022 benefit from a transition period. However, the deadline for registration on the 30th June 2022 is now approaching.

When registering, the details of the details of the take-back concept need to be published. How can the end user access the infrastructure? Which logistics solution is in place? Do agreements exist with certified treatment facilities for WEEE? Is a service partner involved and what is his name and address?

Simply choose the logistics and recycling infrastructure from envenance. For Germany - and beyond.