Packaging Ordinance Section 10 Declaration of Compliance for Sales Packaging put into Circulation

Packaging Ordinance Section 10 Declaration of Compliance for Sales Packaging put into Circulation

(1) By 1 May each year, all actors putting sales packaging pursuant to section 6 into circulation shall be obligated to submit a declaration of compliance, audited by an accountant, tax consultant, registered auditor or independent expert pursuant to No. 2 subsection (4) of Annex I for all sales packaging they have filled with product and put into circulation for the first time in the previous calendar year, and to deposit it in accordance with subsection (5).

(2) The declaration shall contain information on

1. the type of material and the mass of the sales packaging according to sections 6 and 7 put into circulation in the previous calendar year, with separate information on the material types enumerated in No. 1 subsection (2) of Annex I,

2. the participation in compliance schemes pursuant to section 6 subsection (3) for the sales packaging destined to arise at private final consumers,

3. the type of material and the mass of the sales packaging put into circulation in the previous calendar year according to section 6 subsection (2), including the name of the person depositing the evidence pursuant to No. 4 of Annex I,

4. compliance with the recovery requirements pursuant to section 7.

(3) Distributors putting into circulation for the first time service sales packaging filled with product within the meaning of section 3 subsection (1) No. 2, second sentence, which typically arises at the private final consumer, can demand that the manufacturers or distributors or upstream distributors of such service packaging assume the obligation pursuant to subsection (1), first sentence, insofar as they take part in one or several compliance schemes pursuant to section 6 subsection (3) with respect to the service packaging they provide.

(4) Manufacturers and distributors putting into circulation sales packaging pursuant to section 6 in quantities exceeding 80,000 kg per calendar year for packaging made of glass or exceeding 50,000 kg for packaging made of paper and cardboard or exceeding 30,000 kg for packaging made of the other material types enumerated in No.1 subsection (2) of Annex I, shall submit a declaration of compliance pursuant to subsection (1) at annual intervals. If the amount is below the threshold quantities set out in the first sentence above, declarations of compliance shall only be submitted if the authorities responsible for waste management control so request.

(5) Manufacturers and distributors shall deposit the declaration of compliance with the local Chamber of Industry and Commerce electronically for a period of three years in accordance with the requirements set out in Annex VI. The audit certificate pursuant to subsection (1), first sentence, established by an accountant, tax consultant, registered auditor or independent expert pursuant to No. 2 subsection (4) of Annex I shall bear a qualified digital signature in accordance with section 2 of the Digital Signature Act (Signaturgesetz). The local Chambers of Industry and Commerce shall be in charge of operating the depository. They shall inform the public regularly via the internet on who has submitted a declaration of compliance. They shall allow any authority responsible for the control of waste management provisions to consult the declarations of compliance deposited. For the purpose of complying with their obligations pursuant to this subsection, they shall make use of the body designated pursuant to section 32 subsection (2) of the Environmental Audit Act (Umweltauditgesetz) in the version promulgated on 4 September 2002 (Federal Law Gazette I p. 3490), as last amended by Article 8 subsection (1) of the Act of 4 December 2004 (Federal Law Gazette I p. 3166).

(6) Compliance schemes (scheme operators, applicants) pursuant to section 6 subsection (3) shall be obligated to deposit the information pursuant to subsection (2) No. 2 on participation in their scheme for the previous calendar year with the organisation mentioned in subsection (5), sixth sentence, by 1 May each year. Subsection (5), fifth sentence, shall apply mutatis mutandis.

(7) Compliance schemes pursuant to section 6 subsection (3) shall reimburse the body pursuant to subsection (5), sixth sentence, for the necessary costs and outlays for depositions pursuant to subsections (5) and (6) and the establishment and operation of the depository. The body pursuant to subsection (5), sixth sentence, shall determine the proportionate cost for the individual compliance schemes pursuant to section 6 subsection (3) as corresponds to the proportion of the number of scheme participations they have submitted in accordance with subsection (6). In this sense, compliance schemes pursuant to section 6 subsection (3) shall be jointly and severally liable.