What’s Trending in Compliance in March 2023

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These are some of the top trending compliance topics that generated the most interest globally for March 2023.

1. Hungary: Rules for the Operation of the Extended Producer Responsibility System, Decree 80/2023

The Hungarian Government adopted Decree 80/2023 on detailed rules for the operation of the extended producer responsibility system.

Manufacturers of the circular products shall fulfil their extended manufacturer’s liability obligation, except for the case contained in Section 7. It is performed by a concession company designated on the basis of Section 4 of Waste Law CLXXXV, 2012.

When fulfilling their obligation collectively, manufacturers:

• before submitting the application for registration in accordance with § 23 (1), on the electronic interface operated by the concession company, provide the concession company with the data according to point 1 of Annex 3,
• shall pay the amount of the extended manufacturer’s liability fee to the concessionaire in accordance with the rules contained in this decree, starting from the date on which the obligation to pay the extended manufacturer’s liability fee arises,
• fulfils the regular data provision obligations defined by law and requested in connection with the performance of the tasks of the national waste management authority or the concession company,
• cooperates with the concession company in the fulfilment of extended producer responsibility obligations, and
• shall immediately inform the competent and competent waste management authority in case of detection of a violation of the law.

Pursuant to Section 23 (1), prior to commencing activities, the manufacturer or the authorised representative shall apply for registration with the national waste management authority.

A manufacturer listed in the register of the national waste management authority prior to the current year and fulfilling its extended producer responsibility obligations through collective performance shall notify the national waste management authority of the change in the method of performance for the current year by November 30 of the year preceding the current year.

In the event of non-registration, the manufacturer shall also pay the extended manufacturer’s liability fee for the quantity of circulating products placed on the market prior to registration.

The manufacturer placing the product in scope on the market shall submit the application fo registration by 31 May 2023.

Decree 80/2023 enters into force on 1 April 2023, with certain exceptions in accordance with Section 36.

2. Thailand: Characteristics of Label on Label-Controlled Goods, Notice B.E. 2541, 1998 – Amendment – (on improving information on labels) Notice No. 3, B.E. 2565, 2022

On 17 February 2023, the Thai Office of Consumer Protection Board published an amendment to the Notice on Characteristics of Label on Label-Controlled Goods, in accordance with the Consumer Protection Act.

The amendment primarily improves the content of information that must be displayed on the label of controlled products. The labels must contain the following information:

• Names of categories or types of products;
• Names or trademarks registered in Thailand of manufacturers for sale in Thailand;
• Names or trademarks registered in Thailand of the persons who ordered or imported the products into Thailand for sale;
• In the case of imported goods, the name of the country of manufacture;
• Manufacturers/importers’ location;
• Size, dimension, quantity, capacity, or weight of the product, as the case may be, where the unit of measurement can be used by full name or abbreviation or symbol;
• Description of what the product is used for;
• Safety instructions for use or storage;
• Warnings, prohibitions, or cautions in colors contrasting with the background color;
• Day, month, year of manufacture;
• Day, month, year of expiration (if appropriate);
• Price in BAHT or other currencies.

The content of the product label must be clearly visible and legible. The height of the font displayed on the labels must be at least 2 mm. However, labels with an area of ​​less than 35 cm2 may have a letter height of at least 1.5 mm.

This Notice will become effective on 18 June 2023.

3. Brazil: Electromagnetic Compatibility Technical Requirements for Conformity Assessment of Products, Public Consultation No. 10, March 2023

On 1 March 2023, the Brazil National Telecommunications Agency (ANATEL) proposed Public Consultation No. 10 on Electromagnetic Compatibility Technical Requirements for Conformity Assessment of Products.

It aims to establish the requirements to be met by products for the purposes of conformity assessment under ANATEL.

The Annex defines the following technical requirements:

• electromagnetic interference emissions requirements,
• electromagnetic interference disturbance immunity requirements, and
• electromagnetic interference resistance to disturbance requirements.

If enacted, the Act proposed by this Public Consultation will enter into force on the date of its publication, and will repeal Act No. 1120/2018.

Comments on the proposal can be submitted by 29 April 2023 here.

4. Taiwan: Online Shopping Packaging Restrictions, Announcement No. 1121010684, 2023

On 16 February 2023, the Taiwanese Environmental Protection Administration, Executive YUAN published an announcement on the restricted use for online shopping packaging. The Announcement applies to online retail businesses, online retailers that are medium sized enterprises and large sized enterprises.

Article 3 outlines the method for restricting the use of packaging materials by online retail businesses, which includes:

• Online retail businesses are prohibited from using packaging materials containing polyvinyl chloride (PVC).
• The mixing rate of recycled paper for paper packaging, corrugated boxes, cardboard boxes and moulded pulp products should be at least 90%.
• Plastic packaging boxes and buffer materials should be made out of more than 25% recycled materials.

Article 4 specifies that online retailers that are medium sized operators and large sized operators must fulfil the packaging requirements for online shopping.

The weight ratio of packaging to goods shall be:

• if the weight ratio of goods in a packaged box is over 250g and less than 1kg, the packaging weight should be less than 40%.
• if the weight ratio of goods in a packaged box is more than 1kg but less than 3kg, the packaging weight should be less than 30%.
• if the weight ratio of goods in a packaged box exceeds 3kg, the packaging weight should be less than 15%.

Article 5 clarifies certain exemptions for online retail businesses using recycled boxes and medium sized online businesses and large sized online businesses using recycled boxes for the online shopping packaging.

Article 6 sets outs the annual recycling rates for packaging materials for large sized online businesses, as follows:

• At least 25% by 31 December 2024
• At least 30% by 31 December 2025
• At least 35% by 31 December 2026

In addition, the rate of utilising recycled boxes in packaging materials for large sized online businesses must be achieved as follows:

• By at least 2% by 31 December 2024
• By at least 8.5% by 31 December 2025
• By at least 15% by 31 December 2026

According to Article 7, the large sized online businesses should report the annual results to the competent authority by the end of March each year and retain source certificates of online shopping packaging materials or records certified by suppliers for 5 years. The record shall contain the following information and which must be verified:

• the number of online sale the total weight of online shopping packaging materials and sub-weight from the base year (2019);
• the number of online sale the total weight of online shopping packaging materials and sub-weight from the previous year;
• the number of recycled boxes shipped and used in the previous year; and etc.

As for the source certificate or document record of the packaging materials, it should contain the following information at a minimum:

• the batch number or the date of receipt;
• the name of the packaging material;
• the net weight, capacity or quantity of packaging materials;
• the name, address and other contact information of the supplier; and etc.

If the annual recycling rate and rate for utilising recycled boxes are not reached, a refinement plan shall be submitted to the competent authority within 6 months after the implementation of the refinement plan.

The announcement will enter into force on 1 July 2023.

5. South Korea: Regulation on Energy Efficiency Labeling and Standards, MKE Notice No. 1992-71 – Proposed Amendment – (on adjustment of MEPS for fluorescent lamps) Draft Notice No. 2023-185

On 21 February 2023, the South Korean Ministry of Trade, Industry and Energy (MOTIE) issued a draft amendment to the Regulations on Equipment and Materials/Machinery for Management of Efficiency.

The draft has been issued to raise MEPS (Minimum Energy Performance Standards) for fluorescent lamps.

Annex 1 of the document divides fluorescent lamps into three product groups according to sales volume, and provides specific raised MEPS for each product category.

Fluorescent lamps belonging to the product groups must comply with changed MEPS, according to the compliance deadlines in two stages presented below:

Opinions on this draft amendment may be submitted via email to 40yypark@korea.kr until 1 April 2023.

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