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 but officially came 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.
It is planned to register all packaging (in addition to sales and secondary packaging, see VerpackG) with the Lucid portal of the Central Packaging Registry 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).
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, i.e.:
- 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.
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.
Don't waste time. As just shown, Italian companies need to adapt as soon as possible enrolling in the registry LUCID for all
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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From July 1st 2022, the German VerpackG law, in force since 2019, also applies to the B2B sector and no longer solely to B2C. Italian companies that export to Germany must register their packaging on the Lucid portal and participate in a disposal system. E-commerce companies are also involved.
Un’azienda non conforme alla VerpackG rischia il divieto di vendita in Germania e sanzioni pecuniarie fino a 200.000 euro. Anche la prima immissione sul mercato di imballaggi senza previa partecipazione a un sistema è una violazione degli obblighi e viene sanzionata con multe.
Lucid is the portal of the Central Packaging Register Zentrale Stelle Verpackungsregister. All packaging must be registered: from service, transport, commercial and industrial (B2B), from sales incompatible with the system, with polluting products, reusable, and for single-use beverages with deposit (Pfand), as well as from retail and secondary sales.
Produttori e distributori devono dichiarare la partecipazione al sistema al momento della registrazione, oppure dichiarare di immettere sul mercato solo imballaggi già partecipanti. La dichiarazione serve prima dell’immissione sul mercato: senza, vale il divieto di distribuzione. Per l’imballaggio da servizio basta una lettera informale, presentata una sola volta in registrazione.
Marketplaces and distribution and filling centers must ensure that the packaged goods sold through their platform comply with the VerpackG. They must verify the registration of producers on Lucid and the participation of packaging in a dual system. An electronic comparison of the data with the Lucid public registry is sufficient.
L’azienda italiana deve iscriversi al registro Lucid per tutti gli imballaggi destinati alla Germania, sia B2C sia B2B, e dichiarare la partecipazione a un sistema di smaltimento prima di vendere. Chi non sa come procedere può affidarsi a una società di consulenza export come Octagona, che affianca le imprese nell’adeguamento.
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