VerpackG, which is an obligation to register packaging placed on the German market
Export to Germany: Etisoft present in the database of the Central Register of Packaging
On 1 January 2019 a new German packaging law, Verpackungsgesetz (VerpackG), came into force. The act provides for a range of new obligations for business entities placing goods / products in packaging on the German market. Etisoft as a supplier of products and goods to the German market has met these requirements and has been registered in the Central Register of Packaging.
The aim of the new regulations is to ensure that the costs of disposal of packaging are covered by the companies placing them on the German market and to seal the recycling system. The possibility of checking whether a specific manufacturer or seller from whom a product was purchased is registered in the system also affects the image and credibility of the company on a given market. In accordance with Section 2(1) of the VerpackG, the Act applies to all types of packaging understood in accordance with Section 3 of the VerpackG as products used to receive, protect, handle, deliver or present the goods concerned. Material for the dispatch of the goods, such as tape or packing material, is also considered as packaging if it is intended for the end user. However, the obligation to register under Section 3(1) No. 3 of the VerpackG does not apply to transport packaging that protects the product from external influences or damage during transport and is not generally intended for the end-user.
Manufacturers’ obligations regarding the use of packaging
Figure 1 illustrates the previous and current obligations of manufacturers to place packaging on the German market.
VerpackG replaces the VerpackV Regulation, which has been in force since 2009 and is no longer in line with the latest technological developments in the field of waste segregation and disposal. The new regulations will allow us to meet the highest standards of environmental protection by improving the recycling process itself and increasing the amount of recyclable waste. Under the VerpackV Regulation, those who place products in packaging on the market in Germany are obliged to join the Dual Collection and Recovery System, in other words to pay for the recycling of packaging (Fig. 1, stage 1). This is the equivalent of the Polish product fee.
In order to join the Dual Collection and Recovery System, it is necessary to determine the estimated annual quantities of packaging exported to Germany and to sign a licence agreement.
Lack of registration may result in high penalties
A new addition of the VerpackG is the obligation to register in the Central Register of Packaging (Zentrale Stelle Verpackungsregister – ZSVR, on the LUCID platform) (Figure 1, step 2) resulting from Section 9, paragraph 1, of the VerpackG. During registration, you must confirm, among other things, that you have a licence agreement with the Dual Collection and Recovery System. The created unit will allow to provide control and transparency among companies and ensure effective disposal of packaging, at the same time in a sustainable manner.
Another new obligation is to submit reports on the quantity, weight and type of packaging materials placed on the German market (Fig. 1 stage 3). The recycling fee is then calculated in proportion to the indicated values.
Entrepreneurs who place at least 80 tons of glass packaging, 50 tons of paper packaging or 30 tons of plastic packaging on the German market in a given calendar year are obliged to submit an additional declaration supplementing the so-called completeness declaration by 15 May of the following year (Fig. 1 stage 4).
Lack of knowledge of the regulations may be severely penalised. Lack of registration may lead to impose on the seller a total ban on the distribution of goods on the German market or a fine of up to 200,000 euros.
This publication is for information purposes only. It has been prepared on the basis of information considered reliable and does not constitute an interpretation or legal opinion.