On 9 June 2021, take-e-way had reported about important Packaging Act amendments that took effect on 3 July 2021. The Foundation Central Agency Packaging Register (Zentrale Stelle Verpackungsregister – ZSVR) has now also published on its website an overview of the amendments to the Packaging Act since 3 July 2021 as well as on 1 January 2022 and 1 July 2022.
The fact that a proper registration according to the Packaging Act, where required, is not only in the interest of the environment but also suitable for protection against admonitions, as shown by a current report released by the law firm Richard & Kempcke GbR:
Nowadays, repeated violations of the obligation to register under the requirements of the Packaging Act have been reported by a lawyer, accompanied by admonitions. Based on the allegation that there is no entry at all for the defendant’s company in the LUCID packaging register, there is an obvious presumption that the defendant is currently infringing the statutory prohibition on the marketing of unregistered packaging.
In this case, depending on the opinion and irrespective of the justification of the accusation made, it is probably less a question of compliance with the requirements of the Packaging Act than of payment of the amount claimed, as can be seen from the article released.
Such open attacks easily identifiable by competitors eager to issue admonitions should be avoided on principle.
If you have any questions on the Packaging Act, the consultancy team from take-e-way will be pleased to assist you. Please call +49/40/750687-0 or send an e-mail to firstname.lastname@example.org.