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Packaging in Germany: new export rules

Packaging in Germany: new export rules

 

There is an important change: LItalian 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 was introduced some time ago but officially entered into force just a few days ago and there are still several companies grappling with this novelty.

This is a change that can have a big impact and we need to act 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 entered 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.

 

The regulations for packaging in Germany

 

Registration of all packaging (in addition to sales and secondary packaging, see VerpackG) is required at the Lucid portal of the Central Packaging Register Zentrale Stelle Verpackungsregister:
– Service packaging;
– Transport packaging;
– Commercial/industrial packaging (B2B environment);
– Sales packaging incompatible with the system;
– Sales packaging of filling products containing polluting substances;
– Reusable packaging;
– Disposable beverage packaging with deposit obligation (Pfand).

 

Obligation to provide declaration of participation in the system

 

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 on the market packaging that already participates in the system, i.e.:
– before placing the packaging on the market;
– in the absence of a declaration, a distribution ban applies; this prohibition 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 must be presented only once during registration.

Obligation of the operators of marketplaces and distribution centers and filling of packaging

 

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 to the Lucid Public Packaging Registry is sufficient. The first placing on the market without prior participation in the system is therefore a breach of obligations and is subject to financial penalties.

 

What to do now?

 

Do not waste time. As just shown, Italian companies must adapt as soon as possible by registering LUCID for all packaging in Germany, not only B2C, but also B2B, thus avoiding running into unpleasant surprises.

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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