Distributors of sales, repackaging, and shipping packaging, as well as transport and reusable packaging, industrial packaging, and single-use packaging subject to a deposit that is filled with goods must register with the LUCID Packaging Registry by July 1, 2022.
In this way, lawmakers are responding to developments in recent years, the boom in online retail, and the growing volume of packaging resulting from takeout products.
Who is subject to the new Packaging Act?
The Packaging Act applies to all retailers and distributors who place on the market in Germany for the first time on a commercial basis. The law includes several new provisions, obligations, and rules that must be taken into account. Below, we answer the relevant questions.
ATTENTION! Ban on sales on marketplaces
Sellers who do not register their packaging will be barred from selling on marketplaces such as Amazon, eBay, or Etsy. The Packaging Act imposes penalties—some of which are substantial—for violations.
Regarding the Registration Requirement
By July 1, 2022, retailers must register with the “Stiftung Zentrale Stelle Verpackungsregister” in the public LUCID registry. This must be done before the first shipment of goods; otherwise, under the new Packaging Act, the packaging may not be placed on the market. A registration number can be obtained through the Packaging Register .
Responsibilities of the Central Packaging Registry
Not all packaging that is recycled today is registered. Smaller companies, in particular, are either unaware of their obligations under the new Packaging Ordinance or have only a limited understanding of them. The new Packaging Ordinance is intended to ensure greater transparency and order. This makes it easier to determine which packaging has been registered and which has not. Other responsibilities of the Central Office:
- Registration of Manufacturers
- Receipt of Data Reports
- Filing of Declarations of Completeness
- Maintain an audit log
The Declaration of Completeness
Most companies are not required to submit a declaration of completeness, as this is only required for volumes of 80 metric tons or more of packaging subject to the contribution obligation. Nevertheless, there are a few new regulations they should keep an eye on:
- The review of the declaration of completeness may only be conducted by registered experts, tax advisors, certified public accountants, or auditors.
- Quantity deductions due to damage or unsellable packaged goods are permitted only if they can be substantiated on a case-by-case basis.
!!! This text is for informational purposes only and does not constitute legal advice.