The Packaging Act (VerpackG) came into force on 01.01.2019.

Facts, questions and answers about the new Packaging Act

At the turn of the year, the Packaging Ordinance (VerpackV) was replaced by the Packaging Act (VerpackG). The Packaging Act specifically focuses on the principle of extended product responsibility for manufacturers and importers of goods. Extended product responsibility explicitly includes the recycling of packaging materials.

The Packaging Act is intended to:

• Promote the recycling of packaging.
• Increase recycling rates.
• Avoid packaging waste wherever possible.

Who is affected by the Packaging Act?

The Packaging Act affects all retailers and manufacturers of goods who put packaging into circulation in Germany.

What types of packaging are there?

There are

• Packaging of the goods, so-called product packaging.
• Shipping packaging, i.e. packaging with which the products are transported to the private end consumer. Commercial distributors (e.g. online retailers) must themselves participate in dual systems.
• Service packaging is packaging that is only filled with goods at the final distributor in order to enable or support delivery to the private end consumer. Typical examples are bread roll bags, butcher's paper, trays for French fries, coffee-to-go cups or bags for fruit and vegetables. Here - and only here - the person who places this packaging filled with goods on the market for the first time (e.g. baker, butcher, snack bar, café or retailer) may already purchase the packaging with the system participation.
• Outer packaging combines a certain number of sales units and is offered to the end consumer in this form. Alternatively, they are used to stock the shelves. An example of this is packaging that groups bottles together as so-called "carriers".

What will change when the Packaging Act comes into force?

• The legislator has set up a new body, the "Stiftung Zentrale Stelle Verpackungsregister" (Central Packaging Register Foundation) and the LUCID online register. All manufacturers and retailers who place packaging filled with goods on the market for the first time and sell it to private end consumers must register here by December 31, 2018. Otherwise, a distribution ban will apply from 01.01.2019. Registration must be completed online. All registrations are stored in a publicly accessible database and can be viewed by anyone.
• Everyone who uses sales packaging is obliged to license this packaging with a dual system from the first packaging (there are no small quantities). Licensing means participating in a dual system by paying a fee. The amount of the fee depends on the quantity and material of the packaging.
• Anyone who has registered with the "Stiftung Zentrale Stelle Verpackungsregister" must submit quantity reports at the same time as reporting the packaging quantities to the dual system with which they have previously concluded a contract.
• Anyone who has registered with the "Stiftung Zentrale Stelle Verpackungsregister" and exceeds certain de minimis values (e.g. more than 50 tons for paper, cardboard plastic, 80 tons of glass or 30 tons of metals) must submit a declaration of completeness by 15 May of the following year, which must be confirmed in advance by an approved auditor.
• The obligation to register, the obligation to report quantities and the obligation to submit a declaration of completeness are not transferable.
• As a guide, the Stiftung Zentrale Stelle has drawn up a product catalog listing the packaging that must be included in a dual system.
• Violations of the Packaging Act constitute an administrative offense and can be punished with a fine of up to €200,000.

What is meant by "private end consumer"?

Private final consumers are private households and comparable sources of waste generation based on the type of packaging waste typically generated there. Comparable sources of waste generation are, in particular, restaurants, hotels, service stations, canteens, administrations, barracks, hospitals, educational institutions, charitable institutions, branches of freelancers, typical sources of waste generation in the cultural sector such as cinemas, operas and museums, as well as in the leisure sector such as vacation resorts, leisure parks and sports stadiums. Comparable sources of waste generation also include agricultural businesses and craft enterprises whose packaging waste is collected in standard household containers for paper, cardboard and carton as well as for plastic, metal and composite packaging, but with a maximum of one 1.100-liter emptiable container per collection group, at the usual household collection frequency."

Does packaging purchased by private individuals also have to be included in a dual system?

Yes, all packaging that could be recycled after use via a recycling collection system must be included in a dual system. The collection of recyclable materials via the "Yellow Bag" or "Yellow Bin" as well as the collection of waste paper is not financed via the municipal waste disposal fee. This means that packaging purchased by private individuals, associations and other non-professionals must also participate in a dual system.

Can I buy packaging in the online store Nette that has already been included in a dual system?

If you are not an online retailer or reseller, you can purchase packaging from us that we have registered with a Dual System. We are registered in the LUCID packaging register and have a contract with the Landbell Dual System.

If you order service packaging from us as a commercially active person or company (no online trade or resellers!), you can participate in a dual system yourself (please note that in this case you must be registered with the "Stiftung Zentrale Stelle Verpackungsregister" beforehand), or you can commission us to participate in a dual system. If we participate in a dual system on your behalf, you will receive proof on our commercial invoice that we have paid the fees to a dual system on your behalf. Our registration number with the Stiftung Zentrale Stelle Verpackungsregister is also shown on the commercial invoice.