The new Packaging Act was announced in the Federal Law Gazette on 12th July 2017 (BGBl. I dated 12th July 2017, p. 2234 ff.). It has come into force on 1st January 2019.
There will not be any transitional provisions after 1st January 2019. The regulation to set up a Central Packaging Registry and the transitional provisions have already come into force on 13th July 2017.
Yes. The systems still have to participate in the Joint Body. The Joint Body is responsible for allocating the recycling and incidental costs on the basis of the market shares calculated by the Central Packaging Registry. Furthermore, it coordinates tenders and defines its details, designates the system auditors and coordinates the information measures to which the systems are obliged by law.
No. The tasks of the Clearing House, namely the calculation and publishing of the market shares of the systems, have been taken over by the Central Packaging Registry.
All sales packaging filled with goods (including dispatch and service packaging) and secondary packaging, which typically ends up as waste with the private final consumer after use.
According to the official justification of § 3 para. 8 of the Packaging Act "the generally accepted view" is valid in an ex-ante evaluation. This means that if "the vast majority of packaging ends up with the private final consumer, this packaging has to participate in total in a system, even if individual packaging finally may end up as waste with other final consumers".
The packaging type is not qualified depending on its actual point of collection, but according the point of collection where the packaging typically ends up. This means that a packaging is either a sales packaging or a secondary packaging or a transport packaging.
Yes, but the term has been adapted to the definition given in the European Packaging Directive 94/62/EG. A secondary packaging is defined as a packaging which contains a certain number of sales units and which is typically offered to the final consumer together with the sales units or which is used to stock the shelves.
No. As soon as secondary packaging typically ends up as waste with the final consumer after being used, it is considered to be sales packaging which has to participate in a system and cannot be given back to the retailer. A secondary packaging is defined as a packaging which contains a certain number of sales units and which is typically offered to the final consumer together with the sales units or which serves to stock the shelves. This means that if a packaging is typically given to the final consumer, it is considered to be a sales packaging. Consequently the type of packaging does not only depend on its collection point but on a prior classification of where the packaging typically ends up.
No. If the packaging is not typically passed to the final consumer and consequently remains with the retailer, it does not have to participate in a system.
According to the Packaging Act dispatch packaging is qualified as packaging which is passed to the distributor or final consumer by the producer and which allows or supports the dispatch of goods to the final consumer. If the dispatch packaging ends up with the private final consumer it has to participate in a system (for example distribution via online shops).
Producers of packaging which has to participate in a system need to take part in one or several systems like "Der Grüne Punkt" in order to guarantee the nationwide take-back of their packaging.
No. Any commercial retailer (also online retailer) is subject to the obligation to participate in a system.
Manufacturer in the sense of the act is every distributor who is the first to professionally circulate the packaging in Germany or who imports it to the German market.
Yes. The Central Packaging Registry has been endowed with sovereign rights as of 01.01.2019. In accordance with § 1 para 4 of the Administrative Procedure Act (VwVfG) it is considered as a body executing tasks of public administration, thus it is an authority.
The Central Packaging Registry is currently in the process of being set up and needs to be ready for operation on 01.01.2019. According to the information given on the website of the Central Packaging Registry www.verpackungsregister.org registry is expected to be possible as from the middle of 2018.
For details concerning the tasks and organization of the Central Packaging Registry as well as for further information please refer to the website www.verpackungsregister.org.
Each manufacturer is obliged to register with the Central Packaging Registry before circulating packaging which need to participate in a system on the German market. Modifications of master data also have to be communicated to the Central Packaging Registry without delay.
The following data must be specified for the registry:
- Name, address and contact details of the manufacturer
- Specification of an authorized natural representative
- National identity number of the manufacturer including European or national tax number of the manufacturer
- Brand names under which the packaging subject to system participation are distributed by the manufacturer
- Declaration that the manufacturer fulfils his take-back obligations by participating in one or several systems or by means of one or several branch-specific take-back solutions.
- Declaration that the information given is true.
The Packaging Act defines a compulsory online registration as well as the content of the registration.
Each manufacturer will be published online once the registration has been completed.
No. The packaging participates in a system after the registration has been done.
Yes. In accordance with § 7 para. 1 sentence 1 manufacturers are obliged to report the packaging data given to the system in the frame of the participation contract also to the Central Packaging Registry. The manufacturer has to mention at least the following specifications:
- registration number;
- material category and quantity of the packaging registered
- name of the system in which the packaging participates;
- period of participation in the take-back system.
Modifications of the data as well as possible returns according to §7 para. 3 sentence 1 have to be reported to the Central Packaging Registry.
Moreover, the quantities participating in a system as from the year 2019 need to be reported without delay to the Central Packaging Registry as of 01.01.2019 for the first time even if the Participation Contract has already been concluded in the year 2018.
"Without delay" means in accordance with § 121 para. 1 German Civil Code (BGB) „without culpable delay“. But the subjective and not the objective reasonability of the prompt action decides on the immediacy which is not synonymous with "at once". The company concerned has a reasonable time to consider, which, however, may be of different duration according to the circumstances.
The procedure concerning the declaration of completeness has been preserved from the currently valid Packaging Ordinance. Each manufacturer whose packaging quantities are above the qualifying volumes is obliged to submit a declaration of completeness.
The minimum volumes remain unchanged. Each company that circulated more than
- 80 t glass,
- 50 t paper/board/cardboard,
- 30 t lightweight packaging
during the past calendar year is obliged to submit a declaration of completeness.
Yes. Deductions because of damaged or unsaleable packaged goods have to be declared separately in the declaration of completeness by the manufacturer and the fulfilment of legal recycling requirements confirmed expressly.
The deadline for the submission of the declaration of completeness has been postponed from 1st May to 15th May. The declaration of completeness must be submitted to the Central Packaging Registry and no longer to the Chamber of Industry and Commerce.
Only auditors who are officially registered at the Central Packaging Registry and who have been published in a corresponding online register. This regulation already applies for the declaration of completeness which has to be submitted by 15th September 2019 for the year 2018.