Warning: Fictitious Company sending Payment Requests for Registration with the German Packaging Register

The Chamber of Commerce in Halle (Saale) has published a warning notice on 10 February 2020.

A fictitious company is currently fraudulently sending out requests to companies to pay €200 for registration with the German Packaging Register. The sender’s address is in Berlin.

In principle, the registration in the Packaging Register does not incur any costs. We urgently recommend companies not to respond to the letters and not to make any payments. Affected companies can also file a criminal complaint.

If you have any questions concerning Extended Producer Responsibility in Germany, please contact us: compliance@1cc-consulting.com  

France: Copyright levy obligations for foreign online seller confirmed

The recent court ruling No 88 of 5 February 2020 of the French Court of Cassation has confirmed the obligation to pay copyright levies also for foreign sellers. This is by no means a new development in the field. However, the ruling once again has proved that the question of the obligation in cross-border trade in goods repeatedly fades into the background and that this is a legally complex matter. Otherwise, the Luxembourg-based storage media supplier, which also distributes its products in France, would probably not have contested the judgment in favour of the French collecting society Copie France before the Court of Cassation.

There is a general consensus throughout Europe on the question of the obligation: when products subject to levies are sold from abroad directly to end consumers, e.g. via cross-border online trade, the levies for these products must be paid in the country of the end consumer. However, different products are usually subject to different taxes there than in the retailer’s country. This makes it difficult for online seller, platforms and shops to obtain an overview of the product-related obligations in detail. In addition, in some countries the obligation is not sufficiently justified by law. Where this is the case, the responsible authorities refer to the Opus ruling of the European Court of Justice from 2011.

In the Opus ruling (ECJ C 462/09), the European Court of Justice stated that the Member States must also ensure that copyright levies are paid when products subject to levy are purchased from abroad. This is a binding interpretation of the European law, and the national competent authorities and courts must therefore refer to it.

For more information, please feel free to contact us at: copyright@1cc-consulting.com

Hungary: Copyright levies for PCs added

The copyright levies of the complete scope of products liable to taxation is reviewed and reassessed in Hungary each year. There may be some major and some minor deviations in the tariff levels compared to the previous year. This year, however, there is a significant deviation: there are now levies on all types of PCs, in addition to all existing levies. The new levies range between 1.50 and 7.50 euros (converted), according to storage capacity of the device.

Very similar to the developments in other countries, this further completes the so-called product chain starting with MP3/4-player, mobile phones/smartphones and tablets, including the storage media usually used in or with these devices, i.e. mainly memory cards and hard disks. All this is already covered by copyright levies in Hungary. The modernisation and expansion of the levy system to include the new levies for PCs speaks for its vitality and may be in line with the current usage habits. It prepares the replacement of outdated formats such as audio cassettes.

The new Legal Notification No. 68, which established this important change, also forms the basis for the exemption of professional users from the levy liability. It gives them the possibility of exemption or retroactive refund of levies. A system of applying for exemptions and refunds has long been in place in the country.

For more information, please feel free to contact us at: copyright@1cc-consulting.com

ECHA publishes updated Candidate List

The European Chemicals Agency (ECHA) has published the new REACH Candidate List on January 16, 2020: Four Substances of Very High Concern (SVHC) were added to the list. The Candidate List of substances of very high concern for Authorization now contains 205 substances.

The newly added substances have many different uses. For instance, diisohexyl phthalate is used as a plasticizer in a variety of products ranging from toys to building materials and packaging. 2-benzyl-2-dimethylamino-4′-morpholinobutyrophenone and 2-methyl-1-(4-methylthiophenyl)-2-morpholinopropan-1-one are both applied in paints and coatings and generally in polymer production. Perfluorobutane sulfonic acid (PFBS) and its salts are used in polymer production as well, but can also be found in electronics as a flame retardant in polycarbonate, according to the ECHA.

Link to the ECHA website: https://echa.europa.eu/de/-/four-new-substances-added-to-candidate-list

Happy holidays

We wish our customers and partners happy holidays and all the best for the new year!

From 23.12.2019 we will take a short break and close our office. We will be back for you starting from 02.01.2020.

Your 1cc Team

EEU RoHS TR 037/2016: End of Transition Period on March 1, 2020

Starting from March 1, 2020, all products in scope of EEU RoHS TR 037/2016 must comply with the legal requirements before they are placed on the market in Eurasian Economic Union. For imported products, the market surveillance will start at the border, as the customs authorities are entitled to require the proof of compliance for the concerned goods.

EAEU RoHS establishes restrictions for Lead, Mercury, Cadmium, Hexavalent Chromium, Polybrominated biphenyls (PBB) and Polybrominated diphenyl ethers (PBDE) with the same thresholds as per EU RoHS Directive 2011/65/EU. While product scope and exemptions are very similar compared with EU RoHS Directive, the key differences can be found in the field of personal scope and conformity assessment.

The conformity assessment procedure includes among others the registration of the declaration of conformity and EAC marking. It can be initiated by manufacturer with legal seat in one of the countries members of Eurasian Economic Union or by its authorized representative as well as by the importer.

1cc will be happy to help you to understand and fulfill your compliance obligations. Please contact us at contact@1cc-consulting.com

Distribution and Transport of Lithium Batteries – UN 38.3 Test Summary mandatory from 1 January 2020

Starting from 1 January 2020, manufacturers and distributors of lithium batteries are obligated to document the report on battery testing according to the UN 38.3 test and make it available to battery users.

Before lithium batteries or products containing lithium batteries are sold to users and transported for this purpose, manufacturers and distributors must obtain information on the testing of the batteries from the supply chain.

The required test summary must comply with the UN regulation. This requirement applies to all types of lithium batteries (including button cells) and covers various types of transport, such as road, rail, inland waterway, maritime transport and air cargo.

Furthermore, manufacturers and distributors are must actively pass this information on to users.

We will be happy to assist you in implementing these requirements.

Please contact: contact@1cc-compliance.com

UAE RoHS: Open Scope and New Substance Restrictions as of January 1, 2020

The transition period for compliance with certain requirements under the United Arab Emirates Cabinet Decision No. 10/2017, the so-called UAE RoHS, will end beginning 2020. As of January 1, the following obligations will apply:

• Extension of scope: The “open” scope will include all electrical and electronic products according to Annex 1, point 11. In addition, the substance restriction for Lead, Mercury, Cadmium, Hexavalent chromium, PBB and PBDE will also apply to medical devices, diagnostic medical devices and monitoring and control instruments, including industrial monitoring and control instruments.

• Substance restrictions for DEHP, BBP, DBP and DIBP: As in the EU, the four phthalates are restricted in electrical and electronic products with a maximum concentration value of 0,1 percent tolerated by weight in homogeneous materials. However, medical devices, as well as monitoring and control instruments will not be affected by the new substance restriction on the date mentioned.

1cc remains at your disposal for any assistance you may require on compliance to the UAE RoHS. Please contact us at contact@1cc-consulting.com.

Germany: Enforcement of Packaging Legislation

The German Packaging Register (ZSVR) has announced the tightening of the Packaging Law (VerpackG) enforcement.

The Packaging Law has entered into force on 1 January 2019. According to the ZSVR, now the transitional period has ended. Companies that do not fulfil their manufacturer obligations risk receiving a fine of up to € 200,000. Additionally, the authorities can prohibit non-compliant companies from accessing the market.

Against this background, the ZSVR collaborates closely with the responsible enforcement authorities and constantly reports infringements to them. So far, in 2019 fines between € 15,000 to € 25,000 have been imposed.

We will be happy to assist you to meet your producer obligations.

Please contact: contact@1cc-compliance.com

Russia: Implementation of TR EEU 041/2017 “On Safety of Chemical Products” Starts

The Technical Regulation of Eurasian Economic Union TR EEU 041/2017 “On Safety of Chemical Products” is not in force yet (planned entry into force 01.06.2021) but some member states are already well on the way to its implementation.

On November 11, the Russian Ministry of Industry and Trade (the authority responsible for the implementation of the Technical Regulation on the national level in Russia) announced the start of the inventory building of chemical substances and mixtures. Note that Russia preferred to revoke its own national REACH legislation (Decree No.1019/2016) and focused on the implementation of the Technical Regulation of Eurasian Economic Union instead.

Manufactures and importers can now submit information on chemical substances and mixtures already placed on the market or planned for the introduction on the market in the Russian Federation to a database hosted on the website of the above indicated Ministry. The collected information will be included in the national part of the Register of Chemical Substances of Eurasian Economic Union. Substances and mixtures recorded in this register will not be considered as new substances and will be exempted from a complex notification procedure requiring the study of the hazardous properties of the substances and compilation of a chemical safety report.

For more information, please feel free to contact us at: contact@1cc-consulting.com