As reported by the Central Agency Packaging Register (ZSVR), two recent case reports illustrate the consequences of violations of the German Packaging Act (VerpackG) for sellers and producers who place packaging on the market
In the first case, a large food company failed to submit the legally required declarations of completeness to the LUCID packaging register on time for four consecutive years. These declarations are required to prove the proper system participation and recycling of the packaging placed on the market. The competent authority imposed a fine of 35,750 euros, which was confirmed by the court. Although the missing declarations were subsequently submitted, the fine remained virtually unchanged. Please note: Only producers below the threshold values pursuant to Section 11 (4) VerpackG are exempt from the obligation to submit a declaration of completeness. Please check here whether you are affected. The statutory filing deadline for the previous year is generally 15 May. “Failing to file a declaration of completeness on time or at all is punishable with a fine of up to 100,000 euros per incident.”, according to the Packaging Register.
In the second case, a large online pharmacy based abroad failed to participate in a dual system for its shipment packaging for five years, even though it was registered in the LUCID packaging register. This results in back payments of at least two million euros for the subsequent system participation. In addition, the company faces fines of up to 200,000 euros per violation as well as profit skimming by the responsible state enforcement authority. “Any party who fills retail, grouped or shipment packaging with goods and places it on the German market for the first time bears producer responsibility for it. If the shipment packaging typically accumulates as waste with private final consumers or comparable sources of waste generation, as it does in the case at hand, that packaging is subject to system participation. This means that mail order companies, such as the online pharmacy, not only have to register with the LUCID Packaging Register, they also have an obligation to participate that packaging with a system.”, says the Packaging Register.
These cases emphasise the importance of complying with the obligations arising from the Packaging Act. Sellers and producers should carefully check their individual and timely fulfilment of the Packaging Act, as violations can lead to considerable financial burdens and legal consequences.
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