While this framework is clear about addressing environmental concerns around packaging waste, the reality of how one achieves regulatory compliance isn’t as straightforward. One issue many designers cited is the inclusion of the Extended Producer Responsibility (EPR). Not only do businesses need to adhere to the PPWR, which is being enforced across all 27 European Union (EU) member states, but they must also abide by each country’s specific packaging regulations, with rules and interpretations that can vastly differ amongst one another. At the same time, this includes fees as part of the EPR, an existing policy that producers — companies that manufacture or import goods — are obliged to fulfill. Making matters even more complex is the fact that each EU state implements these EPR fees differently. They may include one payment for registration, and then a secondary payment that varies across countries and is dependent on materials used. Josh Fox, designer and founder of Black Armada, pointed out that some countries, such as Spain, even charge an ongoing annual fee in addition to the initial registration fee.
"This is another piece of EU legislation that appears not to have considered small businesses at all,” said Fox in an email to Rascal. “Black Armada absolutely loves our EU customers, but we will be going over our sales stats and each member state's fees to figure out which we can still afford to sell to.”
Several designers and publishers like Black Armada, Genesis of Legend Publishing, and Colin Le Sueur of By Odin’s Beard have immediately ceased shipping to countries that are part of the EU, at least temporarily, until they can figure out their next steps. That’s because one of the primary issues they face is the sheer amount of resources that they need to invest into remaining PPWR compliant. “Multiply [the fees] by 27 states, and you have a big problem,” said Fox. “The best advice for tabletop RPG folks is to figure out which states are sufficiently profitable to offset these fees, and stop selling to the rest. But it's not simple because each member state has its own arrangements, so you need to research each one individually.” Some shared that Fox’s guidance loses feasibility when publishers still have crowdfunding campaign rewards to fulfill. Even Black Armada is still figuring out the logistics of sending games to campaign backers from the EU states.
Losing access to the EU market is another concern. Jason Pitre, founder of Genesis of Legend Publishing Inc., told Rascal that the fear of incurring prohibitive extra costs has dissuaded him from simply ignoring the new rules — a concern also echoed by Le Sueur. “I am concerned about fines and fees, considering I would have to potentially register with all EU member states or pick and choose who I sell to,” said Le Sueur to Rascal. He added that the PPWR may hinder his reach with his EU audience and result in his inability to sell to the EU market, which amounts to losing 10% of his annual revenue. It’s not an insignificant sum, but he pointed out that it wouldn’t put his business under threat for now. “I’ve spent far too many hours this month navigating these new changes, and with the constant possibility of more on the horizon, I’ll have to make a decision whether to ever resume sales to the EU,” he said.
From the article: