There is important news: Land Italian companies that export goods to Germany must comply, from 1 July 2022, with a new legislation which provides for greater control regarding the packaging system.
The law has been introduced for some time but it officially came into force just a few days ago and there are still several companies dealing with this innovation.
This is a change that can have a big impact and we need to move now. Companies that are not in line with the new legislation risk a lot: both are in fact expected the ban on sales in Germany, both of financial penalties that they can come up to 200,000 euros.
The regulatory obligations are an update of the law VerpackG, which came into force in 2019 with the aim of strengthening the packaging recycling system: while previously they only concerned the B2C sector, from 1 July 2022 they also concern the B2B sector. In this way the entire export chain will be involved, including the e-commerce channel.
All packaging (in addition to sales and secondary packaging, see VerpackG) will be registered on the Lucid portal of the Central Packaging Registry Zentrale Stelle Verpackungsregister:
– Service packaging;
– Transport packaging;
– Commercial/industrial packaging (B2B area);
– Sales packaging incompatible with the system;
– Sales packaging of filling products containing polluting substances;
– Reusable packaging;
– Disposable beverage packaging with deposit obligation (Pfand).
All manufacturers and distributors (Erstinvehrkerbringer) of packaging subject to legal obligations, must provide a statement about their participation in the system when registering o declare that they only place packaging on the market that already participates in the system, that is:
– before placing the packaging on the market;
– in the absence of declaration, a distribution ban applies; this ban also applies to online marketplaces and shipping service providers;
– by means of an informal letter declaring the advance transfer of participation in the system (service packaging), which only needs to be presented once during registration.
Operators of marketplaces and distribution and filling centers must ensure that the packaged goods sold via their platform comply with the obligations under the VerpackG law: registration of producers on the Lucid portal and participation of packaging in a dual disposal system.
For this purpose, an (electronic) comparison of the data with the information accessible in the Lucid public packaging register is sufficient. The first placing on the market without prior participation in the system is therefore a violation of obligations and is subject to financial penalties.
Do not waste time. As just shown, Italian companies must adapt as soon as possible by registering LUCID for all
If you don't know how to adapt your business to this legislation, or you don't know how to proceed, Octagona can support and support you in this delicate passage.
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