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Newsletter Buying & Production nr. 12, 22

EPR

  • Austria - EPR packaging legislation Austria, serious legal changes as of 1.1.2023
  • Spain - Information on the Spanish Plastic Tax
  • France - Recycling 100,000 tonnes of toys per year in France: the big challenge for the sector
  • The Netherlands - Heijnen confirms later entry into force of UPV textile (Modint mentioned) 
  • UK – Plastic Packaging Tax Overview

Safety & compliance

  • Exporting/Importing to Saudi Arabia – Update on mandatory requirement of Product Images
  • Decree on price indications applicable from 1 January 2023; Guidelines EC price indications

Trade Policy

  • Customs Act in Norway changes as of 1.1.2023
  • Deadline aanmelden tegemoetkoming kosten brexit adjustment reserve (bar) uitgesteld

Overig

  • The EU Textiles industry is highly concerned about the potential loss of competitiveness, caused by the EU’s inaction of the energy crisis, and Chinese and US subsidies to domestic industry
  • Pakistan akkoord voor kledingarbeiders is rond na 10 jaar onderhandelen 

EPR
Austria - EPR packaging legislation Austria, serious legal changes as of 1.1.2023
According to the Austrian Packaging Ordinance:

  • in case of sales to Austrian distributors, the obligation to license packaging applies to the Austrian retailers. The law allows the Austrian Retailers to request their Dutch suppliers to take over this obligation.
  • in case of distance sales to private end-users (web shop, marketplaces,…): the obligation applies to the Dutch distance sellers.

To comply with the Austria Regulations, obliged companies have to: 

  1. Conclude a licensing contract with a compliance system like ERP Austria 
  2. Appoint an Authorised Representative: As of 01.01.2023, serious legal changes for foreign companies on the Austrian market are imminent: 
  • Dutch distance sellers (without a registered office in Austria) must appoint an Authorised Representative in addition to a contract for the licensing of their packaging (sales and shipping packaging) as of 01.01.2023 
  • The same obligation applies to Dutch companies who take over the licensing of their packaging for their Austrian distributors/retailers. 
  • The registration of the Authorised Representative must be submitted to the Austrian Ministry by 31.12.2022 at the latest; in case of non-compliance you will face a potential distribution ban. 

Additional information can be found in the FAQ document. 

The legal changes bring increased complexity for all affected companies. Landbell’s concern is therefore more than ever to create a solution for its customers that is as simple and cost-effective as possible.

MODINT  has been in contact with Landbell , a German dual system (EPR) organization with knowledge on the Austrian obligations regarding EPR packaging. They have come up with a proposal for Modint members as hereunder mentioned:
Landbell’s concern is to create a solution for its customers that is as simple and cost-effective as possible.

 

Our offer for companies with annual packaging quantities which do not exceed 1,500 kg household Packaging and/or 1,500 kg commercial packaging: 

  • Fee for the licensing contract : 129.50 € per year
  • Fee for the Authorised Representative: 45 € per year 
  • Fee for the notarial certification of the Power of Attorney: 200 € (optional/on-time fee).

How to proceed?
1) Register in EasyShop  
2) To select the EASyShop for Austria, click on “AT” on the top left side of your screen
3) To conclude the contract, please click on “Set up contract” in the grey box 
4) Select the contract you want to buy depending on your needs

Option 1- Standard contract only for the licensing of your packaging (up to 1,500 kg household and/or up 1,500 kg commercial packaging for 129.50 €/ up per year)
Option 2- Contract including the licensing of your packaging and the Authorised Representative ( 129.50 + 45€ for the AR per year).
Option 3- Contract including the licensing of your packaging, the Authorised Representative and the notary certification ( 129.50 + 45€ + 200€ one time for the notary certification).

Companies with a packaging volumes exceeding 1,500 kg of household and/or 1,500 kg of commercial packaging need to conclude a different contract.
Please let contact us for a separate offer

Belangrijk om te vermelden: 
Indien alleen B2B wordt geleverd, is de Oostenrijkse handelaar/verkoper de eerste verantwoordelijke voor de recycling van de verpakking. De verplichting kan echter vrijwillig of als "extra service" door de buitenlandse distributeur worden aangegaan. Dit is dus niet verplicht voor het Nederlandse bedrijf, ook als de afnemer weigert om zelf de verpakkingen te melden.

Lever je alleen B2B en meld je momenteel geen verpakkingen in Oostenrijk aan? Dan verandert er niets en hoef je geen actie te ondernemen.

Spain - Information on the Spanish Plastic Tax
The Plastic Packaging Tax (“PPT”) will enter into force on January 1, 2023 (see the Spanish Waste and Contaminated Soil Act for a Circular Economy (BOE.es - BOE-A-2022-5809 Ley 7/2022, de 8 de abril, de residuos y suelos contaminados para una economía circular)). This tax will be levied on the manufacture, import and intra-Community acquisition of non-reusable plastic packaging (whether primary, secondary or tertiary plastic) for the Spanish market (incl. transportation through Spain), with the exception of recycled plastic. The intra-Community purchaser or importer and the Spanish manufacturer of the plastic product are liable for the tax.

Plastic Packaging
The plastic tax returns that must be filed by our company as of January 2023 are based on the international packaging form (IVA) that suppliers fill out. As in the past, we ask that you please automatically report any changes in packaging weights to us without us having to request them.

Plastic Packaging with Recycled Content
For each item packaged with recycled plastic as defined in the recycled plastics standard UNE-EN 15343:2008 or with partially recycled plastic packaging, suppliers are to provide, in addition to the international packaging form, a statement of proof thereof for each item (or for each deviating packaging variant). Packaging includes primary, secondary and tertiary packaging. Ensure that the amounts indicated in the statement of proof provided match those indicated on the relevant international packaging form. The following content is mandatory in the statement of proof:

  • unique article description, variant (if applicable) with article number (from international packaging form)
  • total weight of plastic contained in the packaging 
  • total weight of recycled plastic contained in the packaging (The information must be given in grams with 3 decimal places).

Considerable additional costs may result if proof is not provided in a timely manner. E.g. tax would then have to be paid on the total plastic weight of the packaging, as recycled content is not taken into account without provision of proof.

Note: It should be noted in advance that under Spanish law governing deliveries after January 1, 2024, proof must be provided in the form of a certification document issued by an accredited entity.

France - Recycling 100,000 tonnes of toys per year in France: the big challenge for the sector 
In France, less than 5% of toys that households throw away are reused. How can we recycle or reuse the 100,000 tonnes of toys thrown away in France every year? The challenge is huge for the sector, which is just starting to collect broken or abandoned dolls, figurines and games, usually made of plastic. "We start from afar, but this is a real opportunity to start a virtuous circle, accelerate certain existing practices and better control the life of toys," says Philippe Gueydon, president of the Federation of Trade Specialists in Toys and Products. of the child reports the website GEO. Read more (article orignal is in French).

The Netherlands - Heijnen confirms later entry into force of UPV textile (Modint mentioned) 
Extended producer responsibility for textiles is expected to enter into force before next summer, but the original deadline of 1 January 2023 will not be met. Extensive product responsibility for clothing, among other things, is still some time away. The general administrative measure introducing extended producer responsibility (UPV) for textiles is currently still before the Council of State for advice. This means that entry into force on 1 January 2023 is no longer feasible. State Secretary Vivianne Heijnen of Infrastructure and Water Management (IenW) writes this in a letter to the House of Representatives.Heijnen promises that as soon as the advice of the Council of State has been received, the decision will be submitted to the House of Representatives and the Senate after processing the advice. She expects the regulations to enter into force before the summer of 2023.  Trade association Modint already reported last week that the deadline for entry into force would not be met, because IenW does not get the legislative process completed on time. The ministry could not confirm this at the time.

UK – Plastic Packaging Tax Overview
Please click here to read the UK Plastic Packaging Tax Overview.

Safety & compliance 
Exporting/Importing to Saudi Arabia – Update on mandatory requirement of Product Images
Starting from 15th December 2022 onwards, the Saudi Standards and Metrology Organization (SASO) will enforce the mandatory requirement of uploading a product image in SABER for non-regulated .

The Shipment Certificate of Conformity (S-CoC) will not be generated without performing this additional step. We would also like to remind you that for regulated products, the requirement of uploading product images in SABER was enforced on 24th July 2022. It is currently mandatory to upload at least the below types of images while applying for P-CoC in SABER:   

  • Front View of the product
  • Markings/Label/Rating Plate (wherever applicable, if not, a general product image can be uploaded)
  • Brand/Trademark of the product

 Apart from the above mandatory images, the Applicant may also choose to upload a general product image and image of the product’s packaging.              

Companies with a packaging volumes exceeding 1,500 kg of household and/or 1,500 kg of commercial packaging need to conclude a different contract.

Decree on price indications applicable from 1 January 2023; Guidelines EC price indications
The Decree on price indications will apply from 1 January 2023. See the message from the Ministry of Economic Affairs.

Please click here for the answers to the questions asked as well as the Guidelines of the European Commission on price indications.

Trade Policy
Customs Act in Norway changes as of 1.1.2023
The current Customs Act in Norway will be replaced by two new pieces of legislation taking effect from 1 January 2023 and onwards. Most of the existing legislation will be continued without changes, but there will also be at least two important new developments:

  • The responsibility of the customs brokers will be expanded;
  • Goods that are shipped to Norway will have to be cleared for customs prior to entry.

The changes will not only affect Norwegian businesses, but directly or indirectly also have an impact on suppliers and transport companies outside Norway. Procedures and IT systems for information exchange between buyers, sellers and transporters should be investigated and updated.

Deadline aanmelden tegemoetkoming kosten brexit adjustment reserve (bar) uitgesteld 
De BAR is een tegemoetkoming voor gemaakte- en nog te maken kosten die ondernemers hebben in verband met de Brexit. De deadline van de BAR 'Tegemoetkoming nog te maken kosten' is verschoven van 13 december 2022 naar 13 januari 2023. De BAR Tegemoetkoming voor al gemaakte kosten is nog aan te vragen tot 31 maart 2023. » Bekijk de voorwaarden BAR: Tegemoetkoming gemaakte kosten. 

Overig
The EU Textiles industry is highly concerned about the potential loss of competitiveness, caused by the EU’s inaction of the energy crisis, and Chinese and US subsidies to domestic industry. 
Following yesterday’s European Council summit and its conclusions on the measures to tackle the energy crisis, the European textiles industry is extremely concerned about the fast loss of competitiveness of Europe and demands urgent action to save the industry. Read more>>

Pakistan agreement for garment workers is around after 10 years of negotiations 
The new agreement builds on the Bangladesh security agreement that has guaranteed human rights in garment and textile factories since 2013. The aim of Pakistan's enlargement is to also guarantee fair wages and safe working conditions. The agreements between trade unions and clothing brands are binding. The Pakistan agreement should better protect factory workers in Pakistan, writes Change. Read more (original article is in Dutch).


 

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