Particularly important for e-commerce companies: In addition to sales packaging, shipment packaging (including filling materials) in which the goods are delivered to private consumers or comparable source of waste generation also count as packaging subject to system participation - because ultimately this packaging also accumulates as waste at the end consumer. For online traders, this means: envelopes and cardboard boxes, filling material, bubble wrap, parcel tape and much more must participate in the dual system in the same way as the outer or sales packaging of the product itself.
If an online retailer imports packaged goods from abroad or if the retailer is based abroad, the retailer is nevertheless responsible for the system participation of the sales and grouped packaging, provided that the retailer is responsible for the goods when they cross the border into Germany.
According to the Packaging Act, the principle of ultimate responsibility also applies to online retailers. In the event that you as an online retailer purchase packaged goods that are typically intended for private end consumers, you must ensure that all packaging components of your offered goods along the supply chain have been properly licensed - otherwise you could face a significant fine. So play it safe and make sure that the producers of the goods you offer are registered with LUCID or ask the producer directly.
From 1 July 2022, operators of electronic marketplaces and fulfilment service providers will be obliged to check contractually bound manufacturers with regard to their obligations under the Packaging Act. These players must then check whether the manufacturers are registered and participate in a system. If this is not the case, a distribution ban will take effect.
Just as for the stationary retail trade, the Packaging Act also regulates the registary and system participation obligation for packaged goods sold online. Since the Packaging Act also provides for the licensing of shipment packaging, this is also affected by the legal requirements - but online retailers are often not aware of their responsibility.
With increasing environmental awareness in society, interest in sustainable packaging is also growing. Online retailers in particular are repeatedly criticised because more waste is supposedly produced by shipment packaging than in the stationary retail - but this also offers great opportunities. Therefore, participate your packaging in the dual system from BellandVision and ensure that your packaging is collected, sorted and recycled! With the help of our CO2 climate certificate, you can communicate this transparently to your customers.
Therefore BellandVision is happy to support online retailers with the licensing of packaging subject to system participation. With our team of experts, we are happy to answer any questions you may have.
Basically speaking, many e-commerce retailers sell their goods additionally or exclusively via online marketplaces such as eBay or Amazon and hire shipping service providers to pack and ship their products. In such cases, the online retailer usually has no physical contact with the goods, nor is he alone visibly marked on the outer packaging or shipping box. In this case, the shipping service provider or producer (if no fulfilment service provider has been hired) is responsible for the system participation of the shipment and grouped packaging according to the Packaging Act and is obliged to register as well as to report the data. However, if the online trader is also the manufacturer of the packaged product and is marked accordingly on the sales packaging, he must still register with the Central Agency and at least participate the sales packaging in the dual system.
Exception: The online retailer is obliged to participate in the system for all packaging (sales packaging, grouped packaging and shipment packaging) if he is the only one recognisable on the packaging.
With so-called dropshipping, the goods are bought directly from the producer and are shipped from there, so the retailer does not have his own warehouse. According to the Packaging Act, the producer must then license the grouped packaging as well as the shipment packaging.
In fulfilment, the retailer hires a logistics or shipping service provider to store and ship its goods. In contrast to dropshipping the service provider is not the producer of the goods and therefore not responsible for licensing the grouped packaging.
Fulfilment service providers are not to be regarded as distributors of shipment packaging, even if they fill them with goods. In this case, the distributor on whose behalf they fill and dispatch the shipment packaging is to be regarded as the manufacturer and therefore obliged to participate in the system. However, there is an implicit obligation for the fulfilment service provider to check the system participation.
Furthermore, there is an important exception to this: If only the online retailer is indicated in the manufacturer's information on the grouped packaging of the goods as well as on the shipping box, the retailer itself - and not the manufacturer who ships the goods directly is obliged to comply with the requirements of the Packaging Act.
With BellandVision, you can meet the requirements of the Packaging Act quickly and with ease.
These are your next steps:
Find out whether your packaging is subject to system participation at www.verpackungsregister.org.
If there is an obligation to participate your packaging in a dual system, register online with the Central Agency (“ZSVR”). Important: From 1 July 2022, all manufacturers of packaging will be obliged to register in the packaging register LUCID at the Stiftung Zentrale Stelle.
With our licence calculator or after a personal telephone conversation, you can quickly and easy participate your packaging in the largest dual system in Germany.
Report your packaging quantities subject to system participation to the Central Agency and to us as your dual system.
If the de minimis limits are exceeded, you must also submit a declaration of completeness - we will be happy to advise you on this!