The new Packaging Law ("VerpackG") will take effect in January 2019 and replaces the old packing regulation.
In order to create more transparency in the licensing process and ensure a fair competition, a new single national authority ("Zentrale Stelle") decided against amending the old packaging regulation and instead implemented a new packaging law. Therefore, the affected distributors have to adapt to new changes from 2019 onwards in order to be able to sell their goods on the market.
Parties affected by this law are distributors, who professionally sell packaged goods in Germany and are responsible for the accumulation of waste at the end-consumer. The end-consumers include hotels, hospitals and farms. It has to be noted that particular distributors and a few types of packaging, such as certain types of transport packaging, do not have to be licensed. In order to avoid a prohibition of sale, distributors have to register at the new single national authority. Once registration is completed, the distributor can participate in the dual system. The application cannot be made by a third party and needs to be requested by the seller personally.
There will also be changes in the licensing obligation, which contains guidelines for the redemption and utilization of packaging. From 2019 onwards, packaging which has to be licensed has to contain information about the registration number.
In addition to this, the single national authority has strict requirements regarding information that has to be disclosed to them. A comprehensive reporting obligation for distributors is also being planned, which asks sellers to share any information, they disclose while being part of the dual system, to the single national authority.
Changes regarding disposable and reusable packaging will also be implemented. In doing so, their provisions regarding online trading will be exacerbated. Online retailers also have to draw attention to certain characteristics of their products through visible references. This obligation should enable consumers to consciously decide in favour or against certain types of packaging.
Should affected distributors not obey the Packaging Law by breaching one or more provisions, they can be fined with a financial penalty of up to 20.000 EUR. Furthermore, warning letters can be sent through which certain licensable packaging will no longer be licensed and cannot be sold on the market.
Your contact person for any questions regarding the new Packaging Law in Germany are Grau Rechtsanwaelte LLP. You can contact us by sending us an email (firstname.lastname@example.org) or by calling us (040 180364020).
Grau Rechtsanwaelte LLP is not liable for the content, correctness or completeness of this article.