What’s Trending In Compliance In October 2024

This blog was originally posted on 28th October, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

At Compliance & Risks we help manufacturers, retailers and their supply chain partners to monitor and manage global regulations via C2P, our compliance knowledge management platform.

We break down some of the top compliance trends in October 2024 that are generating the most interest globally this month.

1. UK: Energy-related Consumer Products – Environmental Performance Assessment, Guidance Document, PAS 7770:2024

In September 2020, the UK Office for Product Safety and Standards (OPSS) published a Guide relating to environmental performance assessment of energy-related consumer products. The document provides guidance for organizations in scope in order to standardize assessing the environmental performance of energy-related consumer products across their full product life-cycle. The Guide intends to assist organizations to navigate various laws and standards to help achieve net zero targets and inform consumers to make more sustainable choices.

The Guide helps assess the environmental performance of the end product and the environmental impact of the product development (including greenhouse gas emissions) from raw material extraction and processing, design, production, packaging, transportation, use and end of life.

2. EU: Ecodesign for Sustainable Products Regulation, Frequently Asked Questions, September 2024

On 25 September 2024, the European Commission published a Frequently Asked Questions (FAQ) document clarifying the scope of Regulation (EU) 2024/178 on the Framework for Setting Ecodesign Requirements for Sustainable Products (ESPR), which came into force on 18 July 2024.

The FAQ comprises 19 sections that answer various stakeholder questions concerning the ESPR. In relation to its scope, the document clarifies terms such as “placed on the market”, “put into service”, and “consumer products”, as well as “product parameters” and the applicability to packaging, medical devices, and spare parts and components, among others. 

The document highlights its interaction with other regulations, such as the Right to Repair Directive (EU) 2024/1799 by setting repairability requirements for specific products, and the Corporate Sustainability Reporting Directive (EU) 2022/2464 (CSRD) by obliging economic operators to disclose information on unsold consumer products annually. 

Other topics discussed include Digital Product Passports, implementation timeline, relation with the 2009 Ecodesign Directive, substances of concern, unsold consumer products, etc.

3. India: Environmental Compensation under E-Waste (Management) Rules, 2022, Guidance Document, September 2024

On 9 September 2024, the Indian Central Pollution Control Board published Environmental Compensation (EC) Guidelines.

These EC guidelines will be applicable to below-mentioned entities involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment (EEE) listed in Schedule I of E-Waste (Management) Rules, G.S.R. 801(E), 2022, including their components, consumables, parts and spares which make the product operational:

• Producers;
• Recyclers;
• Refurbishers;
• Manufacturers;
• Any non-registered entities involved in collection, storage, transportation, sale, processing, recycling of E-Waste.

Paragraph 4 contains information on Provisions of E-Waste (Management) Rules, 2022 and amendments thereof for which EC is to be levied and violation. Paragraph 5 contains information on Environmental Compensation and Boundary Conditions. Paragraph 6.2 contains information on the Registration Fee.

The guidelines may be reviewed from time to time as necessary.

4. Canada: Addition of Reporting Requirements for Per- and Polyfluoroalkyl Substances (PFAS) to the National Pollutant Release Inventory, Consultation Document, September 2024

In September 2024, Environment and Climate Change Canada proposed to add the 131 per- and polyfluorinated alkyl substances (PFAS) listed in Appendix A to the National Pollutant Release Inventory (NPRI). As indicated in the consultation document, “The proposed list includes polymeric and non-polymeric per- and polyfluoroalkyl substances. It includes PFOS, PFOA, and some LC-PFCAs, which are already regulated in Canada. Thirty of the substances are on the Domestic Substances List (DSL), 11 are on the Non-Domestic Substances List (NDSL), and 42 are subject to at least partial prohibitions under the Prohibition of Certain Toxic Substances Regulations (PCTSR). Eighteen are also included in the list of PFAS to be reported under the mandatory PFAS survey published under section 71 of CEPA in July 2024. Canadian or international guidelines or standards have been identified for 34 of the 131. A standard analytical method has been identified by NPRI for 63, and 36 of them have been estimated and reported in the US based on methods other than analytical methods (mass balance, emission factors, and engineering estimates).”

The deadline for comments on the consultation is 25 November 2024.

5. EU: Revenue Based on Non-recycled Plastic Packaging Waste, Special Report, September 2024

The European Court of Auditors published a report on Revenue Based on Non-recycled Plastic Packaging Waste in September 2024. In 2021, the EU introduced a new own resource based on non-recycled plastic packaging waste generated by its Member States. The aim of this framework was to diversify EU’s revenue sources and contribute to achieving environmental objectives to incentivize Member States to reduce this type of waste. 

The aim of the audit carried out by the European Court of Auditors was to assess the framework, in particular, to see if the EU Commission and the Member States were prepared for the introduction of the new own resource and if the comparability and reliability of the data could be ensured.

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The top compliance trends in October 2024 is based on the most viewed regulations on C2P this month. If you would like to see C2P in action, join us for a bite-sized high-level demo to witness the true power behind C2P.

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