The new Packaging Act (Verpackungsgesetz/VerpackG) took effect on 1 January 2019. The Packaging Act supersedes the Packaging Ordinance (Verpackungsverordnung/VerpackV). For this reason, the foundation Central Packaging Registration Board (Stiftung Zentrale Stelle Verpackungsregister) took up work to monitor and ensure that sales packaging is licenced in accordance with the law. The Central Packaging Registration Board is a kind of “EAR Foundation for Packaging”.
Each licensee can make use of the public manufacturer register to establish whether its market partner is also registered. Unregistered manufacturers are no longer allowed to place their products on the market and may be liable to fines of up to 200,000 euros. Accordingly, this allows market participants to monitor each other.
The fact that this option is being used by market participants is shown by reports from the dealer association Händlerbund and the law firm IT-Recht-Kanzlei, which is already reporting first admonitions subject to fines. The latter also points out that a cease-and-desist declaration issued as a result of a “Packaging Act admonition” applies to each individual sale, provided that packaging is used. According to the law firm IT-Recht-Kanzlei, the scope of such a declaration and, therefore, the risk of a conventional penalty being imposed, is substantial.
Meanwhile (Source: bvse status as of: 15 January 2019), 130,000 companies have signed up with the Packaging Register via LUCID, 70,000 more than was previously the case with the Dual Systems. From take-e-way’s perspective, many LUCID registrants have not yet concluded any contracts with a Dual System in order to initially be registered in time and listed in the public manufacturer register. Whereas this will not eliminate potential difficulties, it merely postpones them into the future. After all, anyone who is registered in the Packaging Register and does not subsequently commission a mandatory participation system to collect and recycle their packaging, practically makes a self-denunciation.
take-e-way organises the participation in nationwide approved Dual Systems by using negotiated special conditions by quantity bundling and service take-overs and provides free advice on all questions of the Electrical and Electronic Equipment Act (German WEEE conversion) and the Battery Act.
In addition, take-e-way points out that, following the LUCID registration, the planned quantities contracted with a Dual System for 2019 must be reported immediately in LUCID, plus the packaging quantities for 2018, which must be reported by 30 April. Again, take-e-way recommends taking action to avoid problems occasioned by the Packaging Act.
If you have any questions, please do not hesitate to contact the take-e-way team by calling +49/40/219010-65 or by email to email@example.com