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New Packaging Act from 1 July – What Applies to Fulfillment?

Fulfillment-Gesetz-2022

The German Packaging Act (VerpackG) came into force on 1 January 2019 and implements European Directive 94/62/EC into German law. At its core are rules on packaging placed on the market and its take-back and recycling. The aim is to increase recycling rates while reducing the environmental impact of packaging waste.
The main aspects of the Packaging Act include four obligations for companies that distribute packaging subject to licensing requirements:

  1. Free registration in the LUCID packaging register of the Central Agency Packaging Register (ZSVR)
  2. Purchase of a packaging license with a dual system that organizes the collection, sorting and recycling of packaging waste
  3. Data reporting on packaging volumes to the ZSVR in the LUCID packaging register and with a dual system
  4. Submission of a declaration of completeness for the previous year

The latter applies when defined thresholds for the volume of packaging placed on the market in the previous year have been reached.

Für welche Art von Verpackungen gilt das Verpackungsgesetz?

In principle, a registration requirement with the ZSVR applies to all packaging that is filled with goods. This includes packaging that is later disposed of as waste by end consumers, such as private individuals, hotels or hospitals, but also sales, transport, transit and reusable packaging that remains within industry and trade.

Was ändert sich durch die Novelle des Verpackungsgesetzes ab 1. Juli 2022 für Fulfillment-Dienstleister?

Until now, fulfillment providers were responsible for fulfilling the producer obligations regarding shipping packaging.
Following a one-year transition period, the law changes as of 1 July 2022 so that the retailer or client commissioning the fulfillment service is considered the producer and must itself ensure proper registration in the LUCID system with the ZSVR and the licensing of the packaging used.
At the same time, this results in a verification obligation for fulfillment providers, meaning that in future, services may only be carried out if clients comply with their registration and system participation obligations.

Welche Ziele verfolgt die Novelle des Verpackungsgesetzes?

In general, the changes to the Packaging Act aim to strengthen environmental protection while establishing a more sustainable cycle in the packaging industry. The primary objectives are:

  • Fair distribution of costs between competitors
  • Increasing recycling rates
  • Reducing overall waste volume
  • Reducing the number of non-deposit packaging items
  • Increasing the recycling of plastic packaging
Mike Schubert und Raimund Bergler

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