Packaging in Germany: new rules for exporting

There is important news: le Italian companies exporting goods to Germany must comply, as of July 1, 2022, with a new legislation which provides for greater control regarding the packaging system.

The law has been in place for some time now but officially went into effect just a few days ago, and there are still a number of companies grappling with this news.

This is a change that can have a great impact and it is necessary to move now. Companies that fail to come into line with the new regulations are at great risk: there are both the ban on sales in Germany, both of the fines that can arrive up to 200,000 euros.

Regulatory obligations are an update of the law VerpackG, which came into effect in 2019 with the aim of strengthening the packaging recycling system: while previously they only covered the B2C sector, from July 1, 2022 they also cover the B2B sector. In this way, the entire export chain will be involved, including the e-commerce channel.

The rules provided for packaging in Germany

It is planned to register all packaging (in addition to sales and secondary packaging, see VerpackG) with the Lucid portal of the Central Packaging Register Zentrale Stelle Verpackungsregister:
- Service packaging;
- Transport packaging;
- Commercial/industrial packaging (B2B scope);
- Sales packaging incompatible with the system;
- Sales packaging of filling products containing pollutants;
- Reusable packaging;
- Disposable beverage packaging with a deposit requirement (Pfand).

Obligation to provide statement of participation in the system

All manufacturers and distributors (Erstinvehrkerbringer) of packaging subject to legislative obligations must Provide a statement about their participation in the system at the time of registration o Declare that they only market packaging that already participates in the system, viz:
- 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 early transfer of participation in the system (service packaging), which only needs to be submitted once during registration.

Obligation of marketplace operators and packaging distribution and filling centers

Marketplace operators and distribution and filling centers must ensure that packaged merchandise sold through their platform complies with their obligations under the VerpackG Act: registration of producers to the Lucid portal and participation of packaging in a dual disposal system.

To this end, a (electronic) comparison of the data with information accessible to the Lucid Public Packaging Registry is sufficient. First placing on the market without prior participation in the system is therefore a violation of obligations and is subject to fines.

What to do now?

Don't waste time. As just shown, Italian companies need to adapt as soon as possible enrolling in the registry LUCID for all packaging in Germany, not only B2C, but also B2B, thus avoiding unpleasant surprises.

If you don't know how to adapt your business to this legislation, or don't know how to proceed, Octagona can support and work alongside you In this delicate transition.

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