From January 1, 2019, the “Act on the Further Development of Household Separation of Waste Containing Recyclable Materials” will apply. The “Act on the Placing on the Market, Return and High-quality Recycling of Packaging” (Packaging Act) also forms part of the law. This will replace the previous Packaging Ordinance from 2019.
The new regulations introduce all kinds of far-reaching changes, which in future can also be monitored by authorities and competitors by means of a central register.
Packaging Act requirements also apply to online retailers
According to § 2 of the Packaging Act, the requirements of the new Packaging Act apply to all packaging, and therefore naturally also to the shipping packaging of online retailers. The internet retailer continues to belong – due to the provisions of § 3 para. 14 of the Packaging Act – to the group of manufacturers.
The manufacturer is the distributor who places packaging on the market for the first time on a commercial basis. A manufacturer is also deemed to be a person who imports packaging into the area of application of this Act on a commercial basis.
Internet retailers must guarantee the return and recycling of their packaging material
As before, online retailers must therefore also guarantee to take back packaging. All they have to do is join a so-called dual system. This dual disposal system then takes over the complete take-back and recycling of the packaging sent.
Obligation to register as proof of participation in a dual system
Until now, there was no central register in which the affected group of people had to register. However, this is now set to change with the new Packaging Act. A central register(LUCID) is planned, in which online retailers will also have to register. At the same time, proof of affiliation to a dual disposal system must be provided upon registration. In addition to names and contact details, the brand name under which the manufacturer markets its packaging subject to system participation will also have to be provided.
The purpose of this regulation is to enable authorities and competitors to check that packaging disposal is lawful, thereby increasing transparency and control in the fulfillment of product responsibility. Simple online registration should present no difficulties for anyone involved.
Significant additional bureaucracy for online retailers
The new regulations of the Packaging Act lead to additional work for all those affected. In addition to personal data, information on the material, type and dimensions of the registered packaging must also be entered in the central register. This information must be constantly updated in the event of major deviations. Furthermore, it is not only large online retailers that are affected by the new changes, but also small online retailers with a rather low turnover. There is no de minimis limit.
However, online retailers not only have to provide information to the Central Agency, but also to the dual disposal systems. This makes it relatively quick and easy to check whether or not an online retailer has provided correct information about their packaging.
No registration – no shipping
According to § 9 Abs. 5 of the German Packaging Act, the placing on the market of system-participating packaging without proper registration will be prohibited from January 1, 2019. This should make it more or less impossible for online retailers to work. Because no packaging also means no shipping.
However, this is not a major innovation. Previously, online retailers were also prohibited from placing system-involved packaging on the market without belonging to a dual waste management system. However, there was no suitable and effective way for the authorities to check this affiliation.
System participation obligation cannot be brought forward
The legislator has now clearly stipulated in the new Packaging Act that the system participation obligation cannot be brought forward. This means that an online retailer cannot avoid the obligation to register and participate in a dual waste management system by purchasing its packaging from a manufacturer that is also affiliated to a dual waste management system.
High fines for violations
The legislator is serious about environmental protection with the strict requirements in the Packaging Act. If an online retailer violates the registration requirement, they face fines of up to EUR 200,000. Even late registration or late/incorrect declaration of quantities is subject to high fines.
As it is now easy for the authorities or competitors to check the correct information, high fines or cost-intensive warnings can be expected in the event of a breach. We therefore advise all those involved to register carefully and conscientiously and to participate in the dual waste disposal systems. Early registration does no harm.