Product fee for franchising | Transfer obligation to Interzero
Franchisee product fee: how much is it and how to avoid it?
Entrepreneurs running franchise outlets often offer their customers drinks and food in disposable takeaway packaging. Such packaging is subject to either a recycling obligation or a product fee (if the required recycling rate is not achieved), which should be paid by the franchisee and not by the franchisor. How much is the product fee and can the franchisee avoid it?
Division of responsibilities between the franchisee and the brand owner
Running a franchise outlet takes many responsibilities off the entrepreneur's shoulders. The franchisee usually does not have to worry about, among other things, developing its own business model, designing new services, expanding its product portfolio or acquiring technical support and IT tools. These and other contractually defined tasks are usually carried out by the franchise partner in exchange for recurring royalties.
However, it should be borne in mind that the franchisor does not assume all of the franchisee's obligations - if you run a franchise outlet, you still have to meet at least your environmental obligations arising from the Packaging and Packaging Waste Management Act. One of these is the obligation to achieve the required level of recycling or to pay a product fee for the packaging introduced.
Are you a franchisee? You are obliged to pay a product fee!
Any entrepreneur who introduces packaged products must take responsibility for the waste that has been generated from these packages. They can do this in 2 ways: by ensuring that this waste is recycled or by paying a product fee for each kilogram of recycling not achieved. Contrary to appearances, This obligation does not only apply to producers, but also to, among others, franchisees who sell drinks and food in takeaway packages.
If you run a franchise outlet where you sell, for example, packaged coffee, meals or snacks, the onus is on you to account for these packages, not the franchisor. Even the fact that you sell all these products under the franchisor's brand does not change this.
Under current law, any franchisee introducing packaged products must:
- ensure that the resulting packaging waste is recycled,
- pay a product fee (if the required level of recycling is not achieved),
- conduct or finance public education campaigns.
These obligations derive from the provisions of the Packaging and Packaging Waste Management Act. According to an opinion taken from LEX Environmental Law:
The packaging of the meals served at the filling station is the responsibility of the operator of the filling station.
Source: https://www.prawo.pl/biznes/kto-ponosi-oplate-produktowa-za-opakowania-jedzenia-na-stacji,169823.html
By analogy, these provisions apply to companies operating other franchise outlets and dispensing drinks in takeaway cups, for example.
Does the mandatory product fee only apply to franchises?
No. The obligations: to recycle and to pay a product fee apply to all entrepreneurs indicated in the Act. However, our experience shows that it is frazioneers are often unaware of their obligations. Many entrepreneurs running franchise outlets mistakenly assume that recycling and the product fee remain with the franchisor, whose logo appears on all beverage and meal packaging. Such ignorance often has unpleasant consequences - Failure to comply with environmental obligations results in an immediate high product fee and, in some cases, a financial penalty.
Recall: the obligation to ensure recycling of packaging waste and to pay a product fee may also include franchisees operating:
- restaurants, pizzerias and other catering establishments,
- cafés (also mobile!), beverage outlets (e.g. bubble tea),
- petrol stations,
- shops,
- bakeries and confectioneries.
The above list is only exemplary - the obligatory product fee may also apply to other companies. At the same time, it is worth remembering that the Act provides for a number of exemptions from the obligation to pay the product fee.
Do you want to check whether the product fee applies to you?
What packaging is covered by the product charge?
The following are subject to a product fee on packaging and packaged products including, but not limited to, all packaging in which food and take-away drinks are packed, e.g:
- beverage cups,
- lids and cup lids,
- utensils, e.g. plates, bowls,
- food containers (with or without lids): boxes, trays, boxes, buckets, paper packaging for popcorn or chips.
As a franchisee introducing packaged products, you are obliged to keep records of such packaging broken down by the type of materials from which it was made. Such records are the basis for determining the amount of the product fee due, which is calculated on the basis of the weight of the introduced packaging for which the entrepreneur has not achieved the statutory level of recovery and recycling.
Amount of product fee - how much will a franchisee pay?
Different packaging materials are subject to different product fee rates. For the most common types of packaging for food and takeaway beverages, the rates of the product fee are as follows:
- plastic packaging - PLN 2.70/kg,
- paper and cardboard packaging - PLN 0.70/kg,
- multi-material packaging - PLN 1.70/kg,
- wood packaging - PLN 0.30/kg,
- other packages - PLN 1/kg.
Although the amounts per kg of packaging are not very large, they already the amount of the product fee for the whole year often makes businesses dizzy. Importantly, the product fee for packaging can be avoided by fulfilling the recycling obligation. Each entrepreneur can do this on his or her own, ensuring the recycling of 100% of the packaging introduced, or with the help of the recovery organisation Interzero, without worrying about minimum recycling levels.
Pass on the obligation to Interzero and avoid the product fee
Meeting your environmental responsibilities is only a small fraction of all the challenges you face as an entrepreneur and franchisee. Fortunately, you can delegate some of your responsibilities to Interzero's environmental experts. This will not only save you time, but also money - for a small fee we will take over your obligation to recycle packaging waste and you will avoid a high product fee.
By entrusting your duty to Interzero, you gain:
- the fixed, low cost of taking over the obligation,
- the possibility to conclude a contract online in 3 easy steps,
- official confirmation of the correct execution of the obligation for the year in question,
- Convenient access to documents relating to the assumption of responsibility via the My Interzero portal,
- a certificate for your company and an annual report on the conduct of Public Education Campaigns.
Find out how much you will save by handing over your recovery and recycling duty to Interzero!
Big changes in the German bail system!
Big changes in the German bail system!
From 1 January 2024, the German Pfandsystem also covers selected milk and similar beverage bottles.
The German deposit system (Pfandsystem) has been in place for almost 20 years and covers plastic bottles, aluminium cans and glass bottles. From 1 January 2024, it covered another group of packaging - from now on, German shops will charge a deposit of €0.25 on milk and similar beverage bottles with a capacity of more than 0.1 L.
The new deposit includes, among other things:
- Milk bottles;
- Bottles of milk-based drinks;
- Cocoa and coffee beverage bottles with a milk content above 50%;
- Drinking yoghurt and kefir bottles.
The new regulations have been introduced by Germany's largest supermarkets. As it stands, the deposit system in Germany covers almost all beverages in non-returnable bottles and cans.
Poland's deposit system for returnable packaging will start as early as 2025. The deposit obligation will cover single-use plastic bottles for beverages up to 3 L, reusable glass bottles for beverages up to 1.5 L and metal packaging for beverages up to 1 L. Interzero, together with Polish Chamber of Packaging Recovery and Recycling creates a bail system - read more HERE.
Did you know that e-cigarettes could soon be banned?
Did you know that e-cigarettes could soon be banned?
According to a study conducted by the Institute of Planning and Economic Analysis (IPAG) on e-cigarette sales, more than 100 million disposable e-cigarettes will be sold in Poland in 2023. At the same time, e-cigarettes pose a growing challenge to our environment, according to an article published in the journal The Lancet. The first problem is the generation of a significant amount of plastic, especially in the case of cartridges, which are designed for single use and made of plastics that are difficult to decompose.
The second problem is electro-waste. Research by Material Focus has shown that in the UK alone, 1.3 million such devices are sent to landfill every week, despite the fact that they should be taken to e-waste collection points. Improper disposal of batteries and other components can lead to fires and environmental pollution.
Nicotine is also a problem, not only because of addiction, but also because it is considered hazardous waste in some countries. As a result, the plastic containers that hold e-cigarette liquids and cartridges cannot be recycled.
At the end of January, the British government announced a plan to ban the sale of disposable electronic cigarettes, which will have a positive effect not only on the environment, but also on the health of society as a whole. The Polish Deputy Minister of Health also announced last week that a complete ban on the sale of e-cigarettes is being considered.
Source: https://www.pap.pl/aktualnosci/e-papierosy-najbardziej-szkodliwym-dla-srodowiska-produktem-jaki-kiedykolwiek-powstal, https://next.gazeta.pl/next/7,151003,30672748,bedzie-calkowity-zakaz-sprzedazy-e-papierosow-resort-zdrowia.html.
Amendments to the regulations implementing the bail system in Poland and changes to waste management
Amendments to the regulations implementing the bail system in Poland and changes to waste management
On 14 February, a press conference was held during which Deputy Minister of Climate and Environment Anita Sowinska talked more about waste management solutions, changes to the BDO system, as well as the bail-in system planned from 2025.
During the event, the Deputy Minister stressed that the bail system, as envisaged, would start from the beginning of 2025, but that we can expect amendments regarding the operators of the system. The ministry representative stressed that the changes would only be "technical". It will be about the obligations and documents submitted to control the system.
A consultation meeting with the industry will be held on 5 March, local government officials and trade representatives on changes to the bail law. The deputy minister added that the bail system, although it will start from 1 January 2025, "it may not be perfect from the very beginning because the law needs some adjustments".
The deputy minister also reported on the planned changes to the BDO system. The modernisation will respond to the main needs of the users of this system. Changes will include, among others, the development of the Reporting Module and the introduction of new functionalities in the Account Management Module.
Participants at the press conference were also presented with an expanded line-up of Advisory Group on waste management solutions. The advisory staff will include: Lewiatan Confederation, UNEP/GRID-Warsaw, INNOWO Institute for Innovation and Responsible Development, Polish Chamber of Waste Management, Polish Recycling Association and the National Fund for Environmental Protection and Water Management, as well as more representatives from the business side, mainly from the recycling industry, and NGOs and institutes.
Source:
https://zielona.interia.pl/smieci-plastik/news-system-kaucyjny-nie-ruszyl-a-juz-ma-byc-poprawka-wiceministr,nId,7335652#google_vignette
https://www.gov.pl/web/klimat/wiceministra-anita-sowinska-o-rozwiazaniach-w-zakresie-gospodarki-odpadami
Video: Dziennik Gazeta Prawna
As Interzero, we are keen to take part in debates and meetings with the ministry and representatives in the industry to better clarify our mutual needs and discuss current legal developments. We invite you to read a summary of the debate "The bail-in is a year away and the system is in its infancy". on Dziennik Gazeta Prawna HERE, where Pawel Sosnowski, The Management Board Plenipotentiary for Environmental Regulation from Interzero had the opportunity to discuss issues related to the deposit system together with: Andrzej Gantner, Vice President and General Director at Polska Federacja Producentów Żywności Związek Pracodawców, Anita Sowińska, Undersecretary of State at the Ministry of Climate and Environment, Joanna Kasowska, Director of Quality and Food Management Standards, Żabka Group; Filip Piotrowski, Climate Leadership, UNEP/GRID-Warszawa; Anna Larsson, Director of GOZ Model Implementation, Reloop Platform.
Entrepreneur: remember the BDO annual fee!
Entrepreneur: remember the BDO annual fee!
29 February the deadline for payment of the annual BDO entry fee in the amount of PLN 100 (microentrepreneurs) or PLN 300 (other entrepreneurs than microentrepreneurs). The fee should be paid to the account of the marshal's office competent for the seat of the company or the place of residence.
Failure to pay will result in removal from Product and Packaging and Waste Management Databases (BDO)and the business in question will be threatened with a hefty financial penalty!
Entrepreneurs are subject to a registration fee and an annual fee:
- introducers of electrical and electronic equipment and authorised representatives,
- the introducer of batteries or accumulators,
- vehicle introducer,
- manufacturer, importer and intra-Community buyer of packaging,
- introducing packaged products on the national territory,
- the importer of tyres on the national territory,
- introducing lubricating oils on the national territory.
Looking for support during the reporting period?
Watch Interzero's free webinar "Everything you should know about BDO".
You can find more training courses at a favourable price HERE
Did you know that one European country could be using 100 per cent renewable energy by 2025?
Did you know that one European country could be using 100 per cent renewable energy by 2025?
No coal-fired power station has been operating in Scotland since March 2016. At that time, the power station at Longannet, north-west of Edinburgh, which had been in operation since 1973, closed. This means that after 115 years, Scotland has ended the generation of electricity from burning coal.
Statistics show that the share of renewable energy in Scotland's total electricity consumption was 97.4 per cent in 2022, compared to 90.1 per cent the year before. Scotland owes this result primarily to the development of onshore wind farms, which provided around 70 per cent of the country's green energy. The remaining 30 per cent was provided by offshore wind farms and hydropower.
Scottish Renewables, the association for the renewable energy industry in Scotland, highlights how much progress has been made over the past decade. In 2011, the share of renewables in the overall energy mix was just 37 per cent.
The latest figures show that Scotland could be using 100 per cent renewable energy by 2025 and even start transporting the surplus to other countries.
Plans are underway to install and commission a new wind farm of 60 SG 14-222 DD turbines for Moray West, an offshore wind farm owned by Ocean Winds, located off the coast of north-east Scotland in 2024. Each turbine will have an individual capacity of 14.7MW; at the moment the most powerful wind turbine ever built. Scotland is now close to meeting its target of full renewable energy use in the national electricity supply, with the Scottish authorities planning to achieve a 50 per cent share of renewable energy in total electricity, heat and transport consumption by 2030. The long-term goal is to achieve near-total decarbonisation by 2050.
Made4Loop - the answer to the new SUP duties
Made4Loop - the answer to the new SUP duties
Although the era of free disposable cups is slowly coming to an end, change does not have to mean a chaotic revolution in the company.
From 1 July 2024, businesses selling drinks in disposable cups will have to provide their customers with alternative packaging that is more environmentally friendly. This change aims to reduce plastic waste and is one of the most controversial environmental legislative moves in recent years. While it may seem like just another legal and office formality to many, it can give business owners sleepless nights as it means they need to take decisive action and look for effective solutions.
Therefore, businesses may consider introducing reusable packaging or packaging made of other materials, including oxidegradable plastics. Alternatively, they may choose to introduce a deposit system for reusable packaging that would allow it to be returned and reused.
This is why the Interzero service was created, based on a deposit system for reusable packaging. Model Made4Loop involves the use of reusable cups and packaging, which customers rent against a deposit and then return in a deposit system. In this way, the packaging remains in a closed loop and is reused dozens, if not hundreds of times.
You can find out more from the press release HERE
We would like to remind you that already on 22 February there will be a webinarduring which he himself Zbigniew Skowronek tell us more about the service Made4Loop from Interzero. Registration at the link HERE
Did you know that an American startup is turning bottles into eco-friendly sand?
Did you know that an American startup is turning bottles into eco-friendly sand?
The problem of sand shortage as a natural resource is very large. According to statistics, the demand for sand is around 30-50 billion tonnes per year. And although this material is renewable, not in the quantity we need today. This is why the start-up Glass Half Full addressed such an important topic as recycling sand from glass.
Even a single glass bottle, discarded in the city's rubbish bin, will contribute to its contents ending up in a landfill, where it will never decompose. Annually, New Orleans spends millions of dollars on landfill disposal, as well as importing sand.
Franziska Trautmann, who is the founder and CEO of Glass Half Full, said that after the beer bottles are collected and sorted, the glass is processed by pulverising it with hammer crushers at a local facility on Louisa St. The crushed product is later sieved to remove labels and sorted into different sized pellets. The final product ranges from super-soft, reminiscent of sand on a warm beach, to coarse glass gravel.
Sand and cullet can be used for a myriad of applications. From shoreline restoration and disaster relief to flooring and new glass products.
In 2 years, 4 million bottles were collected in New Orleans. In this way, glass 'waste' is transformed into a resource that actually benefits the community.
Source: https://glasshalffull.co/.
Entrepreneur: remember to file a report in My Interzero!
Entrepreneur: remember to file a report in My Interzero!
We would like to remind you that the annual reporting period is underway. Therefore, please provide us with the actual weights of packaging, products and batteries introduced by your company in 2023. We need this news in order to fulfil the obligations you have entrusted to us.
Data must be completed by 31 January 2024 via the customer portal My Interzero.
At this link, you will find clear instructions to help you fill in your report in the My Interzero customer portal efficiently. If you have forgotten your password or login, you will find information on how to retrieve it.
Log in to the My Interzero platform and submit your 2023 report NOW.
If you have any problems, please refer to the instructional videos in the help section. HERE
Did you know that the Euro 7 emissions standard has received further approval? What about trucks?
Did you know that the Euro 7 emissions standard has received further approval? What about trucks?
The Euro 7 emissions standard has been approved, this time following an agreement between the European Parliament and the Council of the European Union.
Both institutions, both the Council and the Parliament, supported a less stringent version of Euro 7, which is both cheaper and easier to implement than the original proposal prepared by the European Commission. It is therefore highly likely that it is the reduced option that will ultimately be adopted. Among other things, it introduces more stringent emissions tests for vehicles over 3.5 tonnes, carried out on the road rather than in a laboratory. The new standard also includes dust limits for brakes and tyres, which is a new requirement. In addition, Euro 7 regulates the minimum wear resistance of electric vehicle batteries.
Final approval of the new rules can be expected in the first weeks of 2024. This is when the countdown to the implementation of the new rules will begin. According to the latest findings, this period will be two and a half years for vehicles up to 3.5 tonnes, and four years for vehicles over 3.5 tonnes. So while the new regulations will be approved in the early spring of 2024, the first trucks will be obliged to meet the Euro 7 standard in the early spring of 2028.
This change is particularly important because with the introduction of Euro 7, the current Euro 6 standard is likely to be challenged. Euro 6 trucks may be subject to higher road tolls, restrictions on entry into environmental zones and may be viewed unfavourably by potential customers. These are scenarios we are already familiar with from the past.