Ecovis in Estonia

EU Packaging Directive: Stricter rules for packaging

09.09.2024

The European Union is significantly tightening the rules for packaging. A new regulation, the final version of which is expected this year, will create a comprehensive legal framework for more resource-efficient and recycling-friendly packaging.

Manufacturers, retailers and the logistics industry will face numerous new requirements. However, the detailed implementation of these is still partly open. The Ecovis experts provide an overview of the new regulations.

Targets for reducing packaging

The EU wants to reduce packaging. The volumes must be reduced across the EU

• by 5 percent by 2030
• by 10 percent by 2035
• by 15 percent by 2040

compared to 2024. Member States must also ensure that plastic packaging in particular is reduced in absolute terms.

For certain product groups such as fruit, vegetables and catering products, there will be a ban on single-use plastic packaging from 2030.

Sustainability and design requirements for packaging

In the future, packaging must be designed to be significantly more resource-efficient, recyclable and less pollutant-intensive. In addition, minimum recycled content for plastic packaging and weight and volume limits are planned. In online retail, packaging should be lighter and smaller.

Companies should now quickly start preparing for the future EU Packaging Directive.

Andreas Bachmeier, Management Consultant, ECOVIS Unternehmensberatung GmbH, Dingolfing, Germany

Labelling and information requirements

Packaging must contain detailed information on material composition and separation. Reusable systems must provide information on return and tracking. A harmonised EU logo for deposit and return systems is also planned. The use of questionable substances such as lead, cadmium or PFAS will be restricted or prohibited.

Obligations for producers, suppliers and fulfilment service providers

Packaging producers must meet extensive product requirements and submit declarations of conformity. Their suppliers are obliged to provide detailed material records.

Reuse and deposit obligations

In various segments such as beverages, transport and sales packaging, gradually increasing minimum quotas for reusable systems will become mandatory from 2030. Member States can allow pooling systems to achieve these quotas.

In addition, an EU-wide mandatory deposit system for single-use beverage packaging made of plastic, metal and aluminium up to 3 litres will be introduced. Member States can extend the scope to glass and introduce deposit and return systems for reusable packaging.

Extended manufacturer responsibility and registration

The Packaging Directive provides for extended manufacturer responsibility including registration obligations. This also applies to online platforms.

Regulations on environmental claims (greenwashing)

Product descriptions that refer to the environmental friendliness of the product are only permitted if the promised properties significantly exceed the legal minimum requirements.

For further information please contact:

Andreas Bachmeier, Management Consultant, ECOVIS Unternehmensberatung GmbH, Dingolfing, Germany
Email: andreas.bachmeier@ecovis.com

Buying a house in Portugal: New tax incentives

07.09.2024

On 1 August 2024, exemptions were introduced to Portuguese real estate transfer tax and stamp duty for the purchase of a first permanent home by young people (foreigners or Portuguese nationals) up to the age of 35. The Ecovis experts explain the details of when exactly the tax benefits apply.

Real estate transfer tax (IMT = Imposto Municipal sobre a Transmissão Onerosa de Imóveis) and stamp duty are the two types of taxes that must be paid when purchasing real estate in Portugal. Under the new law, exemptions are possible under the following conditions:

• It must be the buyer’s first house (no other house licensed for habitation can be in their name)
• The house must have already been built and licensed for habitation
• The maximum value of the acquisition is EUR 633,453 (the exemption only applies to the taxes levied on the first EUR 316,772 of the value of the acquisition. Taxes must be paid on the remaining amount.)

The buyer

• must be a maximum of 35 years old
• must not be classified as a dependent for inland revenue purposes
• must not be the owner of a right over an urban property licensed for housing (lease not included)
• must not have been the holder of such a right in the previous three years

The definition of a “permanent home” also implicitly requires that the buyer must be a tax resident in Portugal. This means that the taxpayer must be resident in Portugal for more than 183 days in any period of 12 months or have a house with such conditions that suggest the intention of residing in the country (can be a rental).

It should also be noted that if a house is bought by a couple, these exemptions apply to any or both of the parties if they meet the requirements.

We will check to see whether the new tax incentives apply to you when purchasing a house.

Eloísa Ribeiro Santos, Partner, RBMS – Member of ECOVIS International, Lisbon, Portugal

The tax implications of the new law

The new exemptions mean that when buying a house with a value of EUR 316,772, the purchaser would save EUR 12,151.69 in IMT and EUR 2,534.18 in stamp duty, leading to a total saving of EUR 14,685.87. The tax benefit is the same for properties of a higher value up to the maximum of EUR 633,453.

A second issue in buying a house – the requirement for a down payment (usually at least 10%) – is also close to being solved, as a law allowing 100% financing has already been approved. Its implementation is only being held up by the wait for a favourable judgement from the regulatory authority.

These incentives are not only attractive to young people wanting to stay in Portugal or Portuguese emigrants wanting to return, but also for young people from other countries to looking to settle in Portugal, such as digital nomads, for example.

For further information please contact:

Eloísa Ribeiro Santos, Partner, RBMS – Member of ECOVIS International, Lisbon, Portugal
Email: eloisa.rsantos@rbms.pt

Bernardo Viana de Sá, Associate, RBMS – Member of ECOVIS International, Lisbon, Portugal
Email: bernardo.vsa@rbms.pt

Commercial yacht registration Malta: Introduction of Small Commercial Yacht Code

06.09.2024

The Small Commercial Yacht Code came into force in Malta on 1 April 2024. This makes it easier for smaller yachts between 12 and 24 meters to register according to the standards set there. The Ecovis experts know the details.

The Small Commercial Yacht Code (sCYC) replaces the relevant requirements for commercial yachts smaller than 24 metres under the Commercial Yacht Code (2020). The introduction of the new sCYC was driven by the industry’s concerns that the CYC requirements were too arduous for small yachts. As a result, the sCYC was developed to cater for commercial yachts between 12 and 24 metres in length which are engaged in commercial operations and which do not carry more than 12 passengers.

The sCYC does not apply to:

• Pleasure / private craft and yachts not employed in commercial use
• Vessels carrying more than 12 passengers
• Commercial Yachts < 12 metres hull length (ISO 8666)
• Commercial Yachts ≥ 24 metres Length
• Yachts in design category D and rigid inflatable boats (RIBs) in design category C or D
• Military vessels and vessels belonging to the State and used for non-commercial purposes
• Vessels owned or operated on non-commercial services

We will arrange the registration for your yacht even if you are not resident in Malta.

Dr. Roberta Avellino Pulè, Legal Consultant, ECOVIS Malta, Mosta, Malta

What the sCYC regulates

The sCYC establishes the required standards of safety, pollution prevention, and crew welfare in line with the industry’s obligations under international conventions, EU regulations/directives, industry and other equivalent standards. A small yacht complying with the standards set out in the sCYC will be issued with a Small Commercial Yacht Certificate once the required surveys and inspections have been completed.

The sCYC has been well received by the industry as a practical solution enabling small commercial yachts to abide by regulations which are tailor-made to their scenarios. Malta’s readiness to implement improved legislation further contributes to the attractiveness of the Maltese flag within the yachting industry.

For further information please contact:

Dr. Roberta Avellino Pulè, Legal Consultant, ECOVIS Malta, Mosta, Malta
Email: roberta.avellinopule@ecovis.com.mt