Packaging Act: as of 3 July 2021, increased enforcement pressure is likely due to the obligation of online marketplaces

The amended Packaging Act will take effect on 3 July 2021. Key content of the legislative amendment: Online marketplaces and fulfilment service providers will need to verify that manufacturers of packaged goods are registered with the Central Agency Packaging Register and comply with the Packaging Act. If you are affected by the Packaging Act and have not yet fulfilled your associated obligations, you should take action now without any further delay.

The amended Packaging Act will take effect on 3 July 2021. Key content of the legislative amendment: In future, online marketplaces and fulfilment service providers will need to verify that manufacturers of packaged goods on their platform are listed with the Central Agency Packaging Register (ZSVR) and comply with the Packaging Act. take-e-way had delivered a comprehensive report in this regard on 22 January 2021.

The fact that the means of involving online platforms works in enforcing laws is exemplified by the sharp rise in the number of merchants from China reported for sales tax purposes, as reported by the Bundestag on 7 June 2021:

“The number of traders from China registering for VAT in Germany has risen sharply in the past three years. This was stated in the answer by the federal government (19/30142) to a minor enquiry (19/29539) by the parliamentary group ‘Die Linke’. According to the response, by the beginning of May 2021, some 64,000 companies from China, Hong Kong or Taiwan had registered with the competent revenue office in Berlin-Neukölln. At the beginning of 2019, the total number came to about 7,700 companies. It can safely be assumed that the vast majority of registered companies are active in online trade, according to the federal government. At the end of 2018, legislation to combat value added tax fraud was enacted, requiring online platforms like Amazon to record the tax data of their sellers.”

If you are affected by the Packaging Act and have not yet fulfilled your associated obligations, you should take action now without any further delay.

If you have any questions on the Packaging Act, the take-e-way consultants will be pleased to assist you. Call +49/40/750687-0 or send an e-mail to beratung@take-e-way.de.

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