REACH – Future challenges after registration deadline of 31 May 2018

The final deadline for substance registration under REACH of May 31, 2018 was a mere deadline for registering a specific tonnage band. However, other obligations under REACH will remain unchanged.

These include, for example, authorization of substances as well as information requirements in the supply chain. The REACH Candidate list has to be monitored in this regard. New substance restrictions have to be considered, too.

Regarding registration, there are also tasks concerning all existing registration dossiers, as they are to be maintained and kept up to date. Besides, the registrants should take time after having submitted registration dossiers to finalize the cooperation with co-registrants and initiate, for example, a cost check of Letter of Access (LoA) or discuss conditions of data sharing in the future.

Finally, the registration deadlines were set for already existing substances on the market, but the chemical industry is a very dynamic field where new substances could be created and will have to be registered as well.

For more information on REACH, please contact us: info@1cc-consulting.com.

Circular Economy Package Published in the EU Official Journal

The four Directives known as the “Circular Economy Package” were published in the EU Official Journal on June 14, 2018. They entered into force on July 4, 2018. From that date, Member States will have two years to transpose the rules into national legislation.

The Directives amend the following Directives of European waste legislation:
• Directive 2008/98/EC on waste
• Directive 94/62/EC on packaging and packaging waste
• Directive 2006/66/EC on batteries accumulators and waste batteries and accumulators
• Directive 2012/19/EU on waste electrical and electronic equipment
• Directive 2000/53/EC on end-of-life vehicles
• Directive 1999/31/EC on the landfill of waste

The new legislation strengthens the “waste hierarchy”, i.e. it requires Member States to take specific measures to prioritize prevention, re-use and recycling above landfilling and incineration, thus making the circular economy a reality.

Besides increased waste avoidance, higher recycling rates are foreseen: For example, the rates for packaging waste shall increase as follows: From 2025, 65% and from 2030, 70% will be recycled. A recycling rate of 50% will apply to plastic packaging until 2025. A rate of 55% applies until 2030.

Furthermore, there will be reuse targets for textiles, used electrical equipment and bulky waste. By 2025, 5% should be reused, by 2030 at least 15%.
The rate of reused sales and transport packaging placed on the market must also be increased.

Germany: New Packaging Law Requires Registration with New Packaging Register

In Germany, the new Law on Packaging and Packaging Waste (VerpackG) will come into effect on January 1, 2019. It will replace the current Packaging Ordinance (VerpackV). The most important change refers to the newly established Packaging Register (Stiftung Zentrale Stelle Verpackungsregister).

Producer and/or distributors that introduce packaging on the German market have to register electronically via the database LUCID by January 1, 2019. Further obligations apply:
– Annual declaration of volumes to the new Packaging Register
– Registration of brands
– Classification of packaging types that have to be registered according to the list of B2C packaging that will be issued by the register.
Some obligations will remain the same:
– Duty to join an official licensed packaging compliance scheme (“Duales System”)
– Reporting of quantities to the scheme in agreed cycle
– Types of packaging materials that have to be declared
– Obligation to submit a declaration of completeness if the quantities exceed the volume thresholds.

The new register is currently in the process of development, and plans to start by end of August 2018. Companies will then be able to pre-register.

For further information, please contact us.

European Council Adopts Circular Economy Package

On 22 May 2018, the European Council adopted four Directives known as the “Circular Economy Package”. The Directives amend the following Directives of European waste legislation:

• Directive 2008/98/EC on waste
• Directive 94/62/EC on packaging and packaging waste
• Directive 2006/66/EC on batteries accumulators and waste batteries and accumulators
• Directive 2012/19/EU on waste electrical and electronic equipment
• Directive 2000/53/EC on end-of-life vehicles
• Directive 1999/31/EC on the landfill of waste

The main objectives include increased waste avoidance and higher recycling rates: For example, the rates for packaging waste increase as follows: From 2025, 65% and from 2030 70% will be recycled. A recycling rate of 50% will apply to plastic packaging until 2025. A rate of 55% applies until 2030.

Furthermore, there will be reuse targets for textiles, used electrical equipment and bulky waste. By 2025, 5% should be reused, by 2030 at least 15%.
The rate of reused sales and transport packaging placed on the market must also be increased.

After publication in the EU Official Journal, the Directives will become effective 20 days later. From that date, Member States will have two years to transpose the rules into national law.

New EU Regulation for Geo-blocking in Force

End of February 2018, the EU Parliament and the European Council of Ministers approved a geo-blocking regulation that became effective on March 22, 2018. The regulation is binding as of December 3, 2018, following the end of a 9-month transition period.

What is geoblocking?

Geo-blocking prevents online-users from ordering and buying products or services from websites in other EU member states. The geographical location of the user is determined through the IP-address, which in turn determines whether access is approved, denied, or if the user is redirected to another local website.

What is the goal of the regulation?

The new regulation aims at protecting users from price- and sales-term discrimination when ordering products and services online from other EU countries.

Are there exceptions to the geo-blocking ban?

Services that mainly involve attaining access to and using contents under copyright (music streaming, e-books, online games) are currently excluded.

What is exactly regulated?

• Providers are prohibited from denying users access to online-interface based on nationality or place of residence, through technological means or otherwise.
• Furthermore, providers are not allowed to redirect users to other online-platforms with different contents without users’ prior authorisation.
• In addition, providers are not allowed to use different general terms and conditions, as well as different terms of payment for the sale of products or services.
• For the sale of goods and services, providers are not obliged to carry out delivery, or deliver on their own behalf across the borders to the customer’s member state.

For further information please contact: info@1cc-consulting.com

Conflict Minerals: New Regulatory Proposal in the U.S.

Many public companies in the U.S. are presently subject to disclosure requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The disclosure requirements relate to the use of conflict minerals originating in the Democratic Republic of the Congo or an adjoining country.

A new regulatory motion calls for the repeal of those obligations: According to Bill H.R. 4248, section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is to be deleted entirely. The respective legal proposal was referred to the Committee for Financial Services in November 2017, which presented its report to the House of Representatives in February 2018. A final decision or legislation is pending.

REACH: Strategies and Minimum Criteria for Enforcement of Chemical Regulations published

ECHA’s Forum for Exchange of Information on Enforcement recently published its “Strategies and minimum criteria for enforcement of chemical regulations”. The Forum is a network of authorities responsible for the enforcement of the REACH, CLP and PIC regulations in the EU, Norway, Iceland and Liechtenstein.

Amongst other elements, the document features a ranking list of prioritization of controls based on REACH (and CLP) duties provided by the Member States. With respect to the priorities in the area of REACH, the ranking list encompasses the following actions to be taken by companies:

1. Information in the supply chain
2. Restrictions on the use of hazardous substances
3. Registration of all substances and those in mixtures
4. Relevant information for imported goods
5. Authorization for certain use of hazardous substances
6. Obligation to communicate information on critical substances in articles
7. Registration and notification of critical substances in articles

It is worth noting that non-compliance in the product-/chemical area can lead to considerable fines and/or penalties.

According to this list, Art. 33 of the REACH Regulation is ranked 6th in the list of enforcement priorities. Essential legal requirements related to supply chain transparency (and regarding Art. 33 specifically) can be found in the annex of the document.

1cc offers support and assistance with regard to your obligations within the REACH legislation and can provide help with communication tasks.

For more information, contact us at info@1cc-consulting.com.

Responsible Minerals Initiative: Pilot Using Cobalt Reporting Template

The Responsible Minerals Initiative (RMI) has launched a pilot for the collection of due diligence information in the cobalt supply chain. RMI is an initiative involving more than 350 companies and associations helping companies in responsible mineral-sourcing. Using a newly created Cobalt Reporting Template (CRT), the goal is to evaluate its acceptance and use in the supply chain, collect data on cobalt refiners, cobalt supply chains and cobalt risk management practices.

The pilot phase will run from March 1^st to August 31^st, 2018 during which companies can use the tool available on the RMI website to submit data (see link below). Feedback will be collected and analyzed from September 1^st to October 1^st, 2018; the results will be shared at the RMI annual conference in November 2018.

Please refer to the RMI website for further information:

http://www.responsiblemineralsinitiative.org/emerging-risks/cobalt-reporting-template/

WEEE Open Scope: 1cc’s Webinar on May 17, 2018

Businesses selling EEE across Europe will face considerable change in the near future regarding the requirements under the WEEE Directive 2012/19/EU. Starting August 15, 2018, all EEE in scope of the Directive have to be classified according to the new categorization. Furthermore, the ‘open scope’ will encompass further products under the EEE definition and thus become subject to WEEE obligations.

In order to help companies understand the changes throughout the transition period, 1cc will organize a webinar in May 2018.

Meike Ruoff, Director at 1cc GmbH, will provide an insight into the main updates and consequences of the WEEE Open Scope. The webinar will include examples of implementation in selected countries in the EU.

Title: WEEE Open Scope in EU: Consequences and Updates

Date: May 17, 2018, 3:00PM-4:00PM CEST

Language: English

Registration Link: https://attendee.gotowebinar.com/register/5157177215963441921

PS: Participation in the webinar is free of charge. However, the number of participants in the webinar is limited to 20 attendees.

Spain: New Categories already Applicable for Q1 2018 WEEE Reporting

The latest changes to the Royal Decree 110/2015 in Spain will enter into force on August 15, 2018.

However, new categories and sub-categories will be applicable for reporting as early as April 2018. Consequently, producers are required to submit the 1st quarter data report for the 7 new categories, as well (currently there are 10 categories).

The so-called ‘open scope’ is an important innovation in that the legal scope encompasses all electrical and electronic equipment.

Moreover, as of August 2018 new devices will be added to the scope:

-sensors, electric switches, electrical motors and generators

-print consumables, such as cartridges and toners that contain electronic or electric parts

-luminaires

All these devices will have to be declared, without exceptions.

We highly recommend that you pay close attention to the new criteria relative to the external product dimensions, where a distinction is made between small and large equipment with an edge length of more or less than 50 cm (see the attachment from EWRN)

The following points are especially important:

1. Are there any additional products that you have not yet registered?
2. Is an additional registration necessary? (based on the new product-dimensions criteria)

We would be pleased to place our expertise at your convenience and support you with the next necessary steps (i.e. additional registration, notification of request/correction of category).

For more information, please do not hesitate to contact us at info@1cc-consulting.com.