In order to reduce the impact of packaging and products on the environment, Finland has adapted its EPR (Extended Producer Responsibility) regulations. Registration with a collective system has been mandatory in Finland since 2024, whether for big players or newcomers. By removing the exemption limit for companies with a turnover of less than one million euros, Finland is taking a major step towards protecting the environment and resources. The adjustment in the Finnish definition of a producer is entirely in line with EU regulations.  

This means that all companies in Finland, regardless of their turnover or size, must now fulfil their extended producer responsibility for their packaging.  

There are also changes in the area of service and agricultural packaging. Producers or importers of service packaging, such as pizza boxes or coffee-to-go cups and agricultural packaging intended for agricultural products, now also fall under the definition of producer in the Finnish Packaging Act. Since then, the producer is responsible for the packaging, not the companies that actually fill the packaging and hand it out to customers. The regulation relieves the burden on small shops and restaurants. 

If you are a foreign company packaging products for the Finnish market or importing packaged products and have a permanent location or branch in Finland or sell packaged products from abroad to Finnish end customers, you are responsible for fulfilling your Finnish EPR obligations.  

Your obligations include registering with a collective system such as Rinki (where you pay a one-off registration fee and annual customer fees) and preparing an annual report on the quantities of your own packaging waste for the Finnish authorities. You also pay annual recycling fees depending on your packaging volumes. If you do not register with a collective system, you are free to set up your own system for collecting, sorting and recycling your packaging, but this involves a lot of bureaucracy.

Saving fees with recyclable packaging? It’s possible! To encourage companies to use recyclable packaging, Finland, like some other EU countries, is implementing eco-modulation.  

This means that you can reduce your recycling fees for packaging based on its recyclability. Fees for packaging made of mono-material, i.e. packaging made of only one type of plastic, are therefore lower than for packaging made of different types of plastic.   

Finland has been implementing this regulation since 2023. At the beginning of 2024, the regulation was expanded to include categories for metal and paper.

With the extension of the EPR obligations in the packaging sector by removing the turnover limit, almost 30,000 companies in Finland will be made more responsible. Costs will be distributed more fairly and recycling will be more effective. Although this increases the administrative burden for some companies, the extension represents an opportunity for the circular economy and thus for environmental and resource protection.

Eco-Fee Modulation is an instrument to promote the European circular economy. It is intended to incentivise companies to increase the use of recyclable packaging. Some EU countries are already using it to differentiate the licence or recycling costs in their respective EPR systems.  

Specifically, modulation aims to incentivise the development of sustainable packaging designs by differentiating the licence fees for sales packaging. In short, companies that use environmentally friendly packaging pay lower licence fees to the EPR systems and thus save costs. On the other hand, packaging that does not fulfil the requirements of eco-modulation is taxed more heavily and is therefore more expensive. This approach is an important step towards an environmentally conscious economic policy that promotes ecological sustainability. 

In the European Union, the Packaging Directive requires companies that put packaging into circulation to ensure its disposal. This principle is known as extended producer responsibility (EPR). However, the specific requirements and obligations vary from country to country, as each country has developed its own laws to implement the EU directive. However, the basic principle remains the same everywhere: companies that put packaging into circulation pay a licence fee to an EPR system that is responsible for the collection, sorting and recycling of packaging waste.

In Germany, for example, companies fulfil their obligations by registering and reporting data in the LUCID packaging register and licensing their packaging with a dual system such as Interseroh+ via Lizenzero. Do you ship to the EU? With our licensing service, we can easily fulfil all your obligations per country for you! 

The standardisation of the eco-fee at European level is a desired goal, but implementation currently varies greatly from country to country. While certain materials are already taxed in some countries, others have not yet introduced eco-fees. Incentive models in the form of eco-fee modulation have already been introduced in France, the Netherlands, Belgium and Finland. However, the exact structure varies from country to country.   

In principle, however, the recyclability of packaging, on which the eco-fee is based, is orientated towards the following criteria:  

• Sortability and separability  
• Source material (paper, plastic, metal, glass)  
• Residual emptiability
• Contaminants in the material 

Do you ship to different EU countries? We take care of your packaging licensing! On top of that, we can also check for you whether the design of your packaging meets the requirements of Eco-Fee modulation in your target markets. If the design of the packaging does not yet meet the Eco-Fee requirements, we can also support you in adapting your packaging to the standards on request.

On 1 July 2023, Hungary tightened the regulations regarding extended producer responsibility in the country. Since then, online retailers in particular have been held more accountable. If you sell goods and packaging to Hungary, they must be licensed with an EPR system from the first kilogramme. This now also applies to retailers who do not have a Hungarian VAT number. Foreign companies that are obliged to obtain an EPR licence must appoint a Hungarian representative for this purpose.  

In addition to the licensing of packaging, there are further obligations for companies that fill packaging with goods for the first time or have it filled and sell it to private individuals. Additional registration with the MOHU licence company and the Hungarian environmental authority is required. In addition to packaging, some product categories are also subject to the new EPR levies.

Until now, packaging did not have to be licensed in Hungary. However, companies above a certain annual turnover with a VAT number pay a product fee through the environmental tax. Since July 2023, however, all distributors of packaging, with or without a VAT number, are now obliged to contribute to the recycling costs. The new EPR requirements replace the previously applicable “product fee for environmental protection”. Since April 2023, the companies concerned have had to register on the MOHU Partner Portal and with the environmental authority.   

The registration and payment obligation always applies to the first Hungarian distributors and also applies if an online shop based outside Hungary sells goods to end consumers in Hungary.   

Unlike in France or Italy, however, there is no labelling obligation for packaging.

In addition to packaging, the new EPR regulations also apply to textiles, wooden furniture, batteries and WEEE products (electrical and electronic equipment).  

If you sell these products in or to Hungary, registration with the above-mentioned bodies and an EPR levy are also mandatory. Retailers are also responsible for the effective disposal of these products. 

The extension of the EPR obligations for manufacturers and retailers in Hungary presents them with new challenges in terms of their registrations, but also due to the costs associated with the EPR levy.    

At the same time, however, these adjustments will also trigger the implementation of more sustainable practices, which in turn will benefit the environment. In addition, the circular economy is strengthened and environmental protection is promoted.  

You need support in implementing your obligations in Hungary? We are happy to help!

As in many other EU countries, single-use plastic is increasingly under scrutiny in the Netherlands to protect the environment. Based on the Single-Use Plastics Directive (EU) 2019/904 of the European Parliament, more and more EU member states are implementing regulations to reduce the environmental impact of certain plastic products. 

Since July 2023, for example, Dutch consumers have been paying an additional fee for their single-use plastic cups or containers, especially for to-go products. The fee also applies to paper cups with a plastic lining and to-go packaging available in supermarkets. Since January 2024, the additional regulation on Single-Use Plastic has been in force. As a result of this regulation, various single-use plastic products are no longer available in Dutch stores. Instead, there is a shift towards environmentally friendly and reusable alternatives. 

In addition to this regulation, a ban on the use of microplastics in cosmetic products has come into effect. The ban on these tiny plastic particles, which are found in many personal care products, is intended to help improve water quality and protect our marine ecosystems.

• Plastic bags, straws, single-use plastic cups 
• Single-use plastic containers, tableware, and cutlery 
• Styrofoam cotton swabs, balloon sticks, and stirrers 
• Styrofoam food packaging 
• Microplastics in cosmetic products    

The new regulation distinguishes between consumption or consumption on-site and consumption on the go, resulting in slightly different interpretations for trade and gastronomy. The Dutch government sets guidelines for the surcharge that consumers must pay for single-use plastic products. For instance, the proposed surcharge for cups is 25 cents per cup, 50 cents per meal, and five cents for small storage containers.

Consumers pay an additional fee for single-use containers with plastic content for ready-to-eat meals at places like supermarkets, bakeries, or kiosks where on-site consumption is not provided. The amount of the surcharge can be determined by the respective companies. However, the costs must be listed separately on the receipt so that consumers can clearly see what they are paying for the use of single-use plastic products. There is no additional fee for containers with food that are not directly ready to eat and, for example, need to be heated before consumption. 

If on-site consumption is offered, single-use containers with plastic may not be provided. Instead, retailers must offer a reusable option or allow customers to bring their own containers.

For on-site consumption, it is prohibited for restaurateurs to provide single-use containers made of plastic. Instead, reusable tableware must be used or the use of customers’ containers must be offered. 

However, for takeaway or delivery of food, single-use containers can be used as long as customers pay an additional fee for the containers. Again, the surcharge must be listed separately on the bill. Alternatively, reusable alternatives with a return system or customers’ containers can also be used here.

Since 2024, the ban on single-use plastic also applies to corporate canteens, offices, or institutions. Washable tableware must be used here. Alternatively, reusable containers or customers’ containers can also be used. An exception is made for healthcare facilities such as hospitals.

With these measures, the Netherlands is implementing the EU directive to reduce single-use plastics. The measures are intended to reduce the large amounts of single-use plastic waste and strengthen the use of reusable alternatives. In the long term, this should protect the environment and strengthen the use of recyclable materials.

The plastic levy is a way of reducing the environmental risks posed by plastic pollution. In the EU, the focus is on plastic packaging waste. The so-called plastic levy has therefore been in place since 2021. This obliges all EU member states to make a payment based on the amount of non-recycled plastic waste produced in each country. The plastic levy is intended to create an incentive to reduce plastic waste. At the same time, it serves as funding for the EU budget until 2027.

The amount of the plastic levy is 0.80 euros per kilogramme of non-recycled plastic packaging waste. Every member state is obliged to pay this levy. However, it is up to the Member States to decide how to finance this levy. There are still no EU legal requirements for the national organisation. Some pay the levy from their national budgets, while others have introduced taxes, fees or contributions for certain plastic products in their countries and thus pass the levy on to consumers and the private sector.

The two terms are often used interchangeably. However, the plastic levy is an EU-wide method for calculating the contributions to the EU budget that each EU member state must make. The term plastic tax, on the other hand, refers to the refinancing of the plastic levy at national level. This is not subject to any EU directives. The individual member states have the freedom to organise this. A plastic tax is therefore not levied in every country.

In order to be compliant when selling goods and packaging abroad, companies must always be aware of the latest developments in their export countries. Whether a plastic tax applies to retailers or producers varies greatly from country to country. The structure of the tax also differs at national level, which can result in billing and pricing implications for companies. For example, it is necessary to consider which materials or products fall under the respective tax regulations and in which part of the supply chain they are taxed. All of this requires financial and human resources, which can be a hurdle for small companies in particular.

While some EU countries focus exclusively on packaging, i.e. both plastic and non-plastic packaging, others draw stricter boundaries and only tax single-use or non-reusable plastics. The origin of the plastics or packaging also plays a role in taxation, depending on the country. In some member states, for example, a tax is levied on plastic products originating both domestically and abroad, while in others only foreign plastic products are taxed.

Here we explain what these regulations actually look like in some EU countries:

Germany is currently planning to introduce a plastic tax for manufacturers and importers of single-use plastic packaging. However, it is not yet known when a draft law will be available.

However, according to the Disposable Plastics Fund Act (EWKFondsG) adopted in 2023, manufacturers and importers will be obliged to make a contribution to a central fund from 1 January 2025. The contribution is calculated based on the quantities of single-use plastic put into circulation by the respective companies in 2024.

There are currently no finalised plans for a plastic tax in France. Here, the national budget finances the plastic tax.

More information on France can be found here.

The introduction of a plastic packaging tax was already planned in Italy for 2020. After several postponements, it is now set to come into force in 2024. The plan is to levy a tax of €0.45 per kilogramme on single-use plastic products, known as “manufatti con singolo impiego” (MACSI). Exceptions are to be made for single-use plastic products that are compostable or used for medical purposes. Companies that manufacture these products in Italy or supply them to Italy from other member states are to be taxed. Companies without a registered office in Italy must appoint a (jointly and severally liable) tax representative in Italy to fulfil their obligations.

There are currently no finalised plans for a plastic tax in the Netherlands. However, the introduction of a plastic tax to finance the plastic levy is being examined.

In the Netherlands, however, a contribution that is not considered a tax is levied on plastic packaging. Companies that import 50 tonnes or more of plastic packaging onto the Dutch market each year or dispose of these quantities after importing them pay a regular rate of 1.05 euros. A reduced rate of 0.79 euros per kilogramme applies to companies whose plastic packaging has a positive market value and can be properly sorted and recycled.

Poland does not yet have a plastic tax for companies. However, in order to avoid packaging waste, a recycling fee law has been in force since January 2018.

In March 2023, the Polish parliament also passed a law to implement EU Directive 2019/904/EU on reducing the impact of certain plastics on the environment. The aim is to reduce the amount of single-use plastics on the Polish market through reporting obligations, product-related fees and annual levies. The obligations mainly apply to companies that introduce products to the Polish market for the first time.

Foreign companies that import single-use plastics to Poland can appoint an authorised representative to fulfil the obligations in connection with the marketing of their products.

A tax on non-reusable plastic packaging products has been in force in Spain since 2023. Among other things, this implements the EU directive on single-use plastics in Spanish law. This is intended to curb the production and use of plastic products. The tax of 0.45 euros per kilogramme applies equally to the manufacture, import and intra-Community purchase of non-reusable plastic packaging. This includes single-use packaging with plastic, semi-finished plastic products for single-use packaging containing plastic and products containing plastic that enable single-use packaging to be placed on the market. Recycled plastic, packaging used for the protection, manipulation, distribution and presentation of specialised medical, agricultural and veterinary products and plastic packaging exported directly from a manufacturer to another Member State or outside the EU are exempt from the tax. In addition, however, a tax is levied on the incineration and landfilling of waste.

Further information on Spain can be found here.

Among other things, the plastic levy serves to protect the environment and promote the circular economy. However, due to the current lack of EU-wide guidelines for implementing this levy, it has unfortunately also created a patchwork of regulations and legislation that can present a hurdle for internationally active retailers and companies when selling their products. Companies that operate in more than one EU member state must therefore carefully check the nationally applicable regulations.

As the plastic tax is currently being discussed in many countries, companies should already consider it in their business strategies and assess the potential impact. Flexible, resource-saving packaging solutions can be a first approach.

All manufacturers of packaging are obliged to join or establish a recognised Producer Responsibility Organisation (PRO). The activities of these organisations must be approved by the Swedish Environmental Protection Agency.Producers must also register with the Swedish Environmental Protection Agency and participate in a take-back system.

Since 1 January 2024, municipalities and local authorities have assumed operational responsibility for the collection of packaging waste from households and selected businesses. They play a key role in providing information on preventive measures and the correct sorting of packaging waste. By 1 January 2027 at the latest, all municipalities must introduce a door-to-door collection system for packaging waste. Collection will be based on material types such as paper, plastic, metal and glass. In addition, bulky packaging waste and materials such as wood, ceramics and textiles must be collected at accessible collection points or municipal recycling centres.

The updated regulation also includes provisions for deposit systems as applied to bottles and cans. Responsibility for these systems has been transferred from the Swedish Board of Agriculture to the Swedish Environmental Protection Agency from 1 January 2023. Existing systems can retain their approval until 1 January 2027, after which they will be reassessed in accordance with the new guidelines.

These extensive changes emphasise Sweden’s commitment to environmental protection and recycling. For companies that sell products to end customers in Sweden, it is crucial to be aware of the new responsibilities and act accordingly.
The EPR Sweden 2024 regulation represents not only a change, but also a significant step in terms of packaging responsibility that will contribute significantly to reducing the environmental impact.

The implementation of these plans is based on the AGEC Act of 10 February 2020 and Decree No. 2020-1455 on the reform of extended producer responsibility (EPR). In accordance with Article 72 of the AGEC law and Article L. 541-10-12 of the Environmental Code, manufacturers must submit a prevention plan. The EPR obligations apply to twelve areas, including household packaging, graphic paper, batteries, waste electrical and electronic equipment, textiles and furniture.

For manufacturers and retailers of products in these areas, this requires the creation of a prevention plan. This plan aims to reduce non-renewable materials, maximise the use of recycled materials and improve the recyclability of products. The overarching goal is to create environmentally sustainable products and services that conserve resources, minimise waste and reduce environmental impact throughout the entire life cycle. France is therefore a leader in the EU in terms of corresponding legal regulations.

The implementation of eco-design not only brings environmental benefits, but can also offer economic advantages by reducing material and energy costs, lowering licence fees for sustainable packaging and improving the brand image. Eco-design is therefore a decisive approach for companies that want to offer sustainable products and services.

The creation of a plan to reduce the environmental impact of packaging and paper has been mandatory for all suppliers since 2023. The prevention plan can be drawn up collectively or individually and must include the categories “Reduce”, “Recycle” and “Reuse”. A follow-up report is required every five years, which contains a review of the previous plan and sets out the targets and measures for waste prevention and eco-design for the next five years.

The submission and regular updating of these plans to the relevant take-back schemes is mandatory after the respective deadlines. Summaries of the plans are published by each scheme every three years and are publicly available.

A significant rule change has applied to international mail order companies that deliver goods to Austria since 2023. This states that they must appoint an authorised representative based in Austria if they import packaging materials into Austria. These retailers are therefore no longer responsible for fulfilling their own legal obligations. The regulation applies to all companies without a registered office or branch in Austria that sell products (including packaging) to private end customers in Austria. The authorised person assumes responsibility for compliance with the obligations of mail order companies and acts as their representative in Austria.

In order to act as an authorised representative, the person or legal entity must fulfil the following criteria:

• have a valid address in Austria
• have an official place of business in Austria
• is appointed by a notarised power of attorney
• is responsible for compliance with the administrative regulations pursuant to §9 of the Austrian Administrative Penal Code

Since 2023, retailers who sell their products via online marketplaces or use fulfilment services must provide appropriate evidence of compliance with the provisions of the German Packaging Ordinance (VerpackVO). If this evidence cannot be provided, marketplace operators are obliged to remove the retailers in question from their platforms. Similarly, fulfilment service providers may no longer provide services to retailers who are unable to provide the required evidence.

Distributors of reusable packaging, sales packaging and certain single-use plastic products are obliged to fulfil their reporting obligations by 15 March each year.

Suppliers of commercial packaging, i.e. packaging that is not sent to private end consumers but to business customers such as intermediaries or companies, must participate in a corresponding system. The only exceptions to this regulation are for bulk collection points and own importers.

Anyone importing single-use plastic products such as wet wipes, balloons, tobacco products or fishing tackle into Austria must also appoint an authorised representative. In addition, participation in a system is required for these products.

It is also important to note that certain single-use plastic products such as cotton buds, disposable cutlery, disposable tableware, drinking straws, sticks for balloons and food packaging made of expanded polystyrene have already been subject to a comprehensive import ban in Austria since 3 July 2021.

The change in the law now offers companies the flexibility to decide for themselves whether they want to display the Green Dot (“Der Grüne Punkt”) symbol on their packaging. Those that choose to retain the symbol can continue to do so. On the other hand, companies that decide not to use the symbol now have the freedom to remove it from their packaging. This innovation simplifies and flexibilises the process for manufacturers and retailers.

In the past, exporters who shipped their products to Spain had to affix the Green Dot (“Der Grüne Punkt”) symbol to their packaging and register it with a local licensing body. This requirement was lifted as it was recognised that the symbol alone did not provide sufficient information about the recyclability of the packaging. It mainly served as proof that the manufacturer or retailer was making a financial contribution to the recycling process. This obligation is now covered by registration in the central packaging register.

For all those who sell their products on Amazon, there are important changes to consider before the end of the year, especially when it comes to selling on amazon.es.

Spain has issued new regulations, including Royal Decree 1055/2022 on packaging and packaging waste and Law 7/2022 on waste and contaminated land in the context of a circular economy.

What needs to be done?

• Show compliance: In order to comply with the extended producer responsibility for packaging, distributors need a Spanish tax number (NIF) and an authorized person in Spain. Amazon supports these companies with the EPR service.
• Ministry of Miteco: On the website of the Ministry of Miteco, distributors must select the appropriate Producer Responsibility Organization for their products and register in the producer directory.
• Environmental fees: Depending on the organization selected, environmental fees may apply. Registration must be completed by December 31, 2023, otherwise Amazon will pay on behalf of the company placing the product on the market.

A proxy is a person or organization authorized by an official power of attorney to perform specific tasks on behalf of another person. This power of attorney is a written document that confirms that the person or organization in question (your proxy) may act on your behalf. In most countries, any natural or legal person who is resident in the country in question, has a local address and has been appointed by means of a notarized power of attorney can act as proxy.

The search for a suitable proxy can be complicated. We offer a licensing service, through which we can take care of all of the compliance in the respective countries for you.

For shipping to certain countries, including Austria, Slovenia, Portugal, Greece and Slovakia, it is necessary to appoint an authorized representative. Let’s take a closer look at the requirements in these countries.

Austria

Since the Packaging Ordinance in Austria was updated on January 1, 2023, retailers who do not have a place of business in Austria must appoint an authorized representative for shipments to this country. This regulation affects you if you deliver packaging materials to consumers in Austria. As a foreign company, you must ensure through your authorized representative that you comply with the requirements of the Austrian Packaging Ordinance. Since January 1, 2023, it is no longer possible for companies that are not based in Austria to carry out licensing independently.

Required Measures:

• Appointment of an authorized representative in Austria.
• Keeping records of the packaging materials distributed in Austria.
• Transmission of the packaging quantities to your authorized representative (annually up to 1,500 kg, quarterly up to 20,000 kg, monthly over 20,000 kg).
• Payment of the fees for the authorized representative and for disposal.

Slovenia

In Slovenia, an important regulation based on an amendment to the Environmental Protection Act came into force on April 24, 2021. This regulation, issued by the Slovenian government, stipulates that all foreign companies that sell packaging on the Slovenian market must appoint a local authorized representative. This authorized representative is then responsible for ensuring compliance with the take-back obligations. This regulation applies regardless of the quantity of packaging put into circulation. Please note that an additional environmental levy must be paid from an annual quantity of 15 tons.

Required Measures:

• Appointment of an authorized representative in Slovenia.
• Keep accounts of the packaging quantities put into circulation in Slovenia.
• Quarterly reporting of packaging quantities to the authorized representative.
• Payment of disposal fees (licensing) and fees for the authorized representative.

Portugal

In Portugal, the environmental authority APA has tightened the regulations on packaging with effect from January 1, 2022 by introducing the mandatory appointment of an authorized representative for all packaging. This regulation particularly affects non-Portuguese manufacturers who sell their products directly to private end consumers in Portugal. In this case, all relevant obligations must be fulfilled by the authorized representative.

Required Measures:

• Appointment of an authorized representative in Portugal.
• Documentation and tracking of the quantities of packaging put into circulation in Portugal.
• Annual reporting of packaging quantities to the authorized representative.
• Payment of the fees incurred for the authorization and for the take-back system.

Greece

A new law came into force in Greece on July 1, 2021, replacing the previous regulations from 2001. Since then, non-Greek retailers who ship goods to Greece are also obliged to register with the Greek take-back system. For companies without a registered office in Greece, the appointment of an authorized representative is also required.

Required Measures:

• Appointment of an authorized representative in Greece.
• Documentation of the quantities of packaging put into circulation in Greece.
• Annual transmission of the packaging quantities to the authorized representative.
• Payment of the costs incurred by the authorized representative and for disposal.

Slovakia

As of January 1, 2022, foreign mail order companies that do not have a registered office in the Slovak Republic must process their obligations via an authorized representative. This authorized representative assumes responsibility for fulfilling all legal obligations and acts on behalf of the trader.

Required Measures:

• Appointment of an authorized representative in Slovakia.
• Documentation of the quantities of packaging placed on the Slovakian market.
• Quarterly reporting of packaging quantities to the authorized representative.
• Payment of the costs incurred by the authorized representative and for disposal.

Spain

A new law came into force in Spain on 27 December 2022, replacing the previous regulations. Since then, foreign traders without a registered office in Spain are obliged to appoint an authorised representative.

Measures required:

• Appointment of an authorised representative in Spain.
• Documentation of the quantities of packaging put into circulation in Spain.
• Annual transmission of the packaging quantities to the authorised representative.
• Payment of the costs incurred by the authorised representative and for disposal.

Packaging legislation remains an important and dynamic topic. The trend of more and more countries requiring the appointment of an authorized representative for foreign distributors is likely to continue. With the constant revision of legislation and the introduction of new control mechanisms in various countries, it remains an area where up-to-date information is crucial. We will continue to update this post to keep you up to date with the latest developments and requirements.