Manufacturers who are obligated manufacturers are those placing packaged goods on the market in Germany commercially for the first time. Accordingly, not only German producers are to be understood as obligated producers, but also those who import packaged goods into Germany and bear legal responsibility for the goods when they cross the border.
According to the Packaging Act, manufacturers or first-time distributors are obliged to register in the packaging register, to report their packaging that is subject to system participation to the ZSVR and to participate in a dual system.
Are you not sure whether you are obliged to comply with the Packaging Act? Find out now! In order to determine whether you, as a producer of goods, are required to participate in the system, the Central Agency offers a quick check.
► Registration obligation: From 1 July 2022, all manufacturers of packaged products are obliged to register in the LUCID packaging register at the Central Packaging Register Foundation. This new requirement applies in particular to transport packaging, sales packaging and secondary packaging in the commercial sector, as well as reusable packaging.
► Minimum recyclate content for single-use plastic beverage bottles: For the first time, a minimum recyclate input quota is set for single-use plastic beverage bottles. From 1 January 2025, PET single-use plastic beverage bottles must each consist of at least 25% recyclate by mass. This obligation will be extended to all single-use plastic beverage bottles from 1 January 2030. These must then - regardless of the plastic - consist of at least 30 per cent recycled material by mass.
► Extension of the mandatory deposit: From 1 January 2022, the mandatory deposit will apply to all single-use plastic beverage bottles and cans. There is a transitional period for milk and milk products. Old stocks of non-refillable plastic beverage bottles and cans that were put on the market before 1 January 2022 may continue to be sold without a deposit until 1 July 2022.
Basically, all packaging filled with goods that are brought onto the German market and that typically arise as waste with private end consumers must be participated in a dual system. This applies in particular to sales packaging, service packaging, shipping and secondary packaging. The following applies: All packaging components have to be participated in the dual system. It is also important that there is no lower limit to the licensing requirement - every so-called first-time distributor must license his packaging from the first gram placed on the market.
Foreign producers are also obliged to participate in the dual system, if they are legally responsible for the goods when they cross the border. German manufacturers who export their goods abroad do not have to include their packaging materials in the dual system in Germany - because these do not occur as waste in German households.
Further sales packaging or outer packaging added to the goods by downstream distributors (e.g. retailers) and which usually ends up in the end consumer's waste, does not have to be included by producers. This is the responsibility of the downstream distributor.
If a manufacturer produces so-called private labels for a retailer, this is a special case in the Packaging Act. Depending on the manufacturer's mark on the packaging, either the manufacturer or the retailer will be required to license the packaging. A distinction is made between the following three labels:
► Industrial label: The packaging is labelled exclusively with the name or brand of the manufacturer. The manufacturer is therefore the one who is obliged to participate the packaging in the dual system.
► "Fake private label": The packaging is labelled with the brand belonging to the retailer, but with the name of the manufacturer. This means that the manufacturer remains the distributor obliged to participate the packaging in the dual system.
► Private label: The packaging is only labelled with the trader's brand and name. In that case, the trader must participate the packaging in the dual system.
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”).
ATTENTION: From 1 July 2022, all manufacturers who place packaging on the market in Germany are obliged to register, regardless of whether the packaging is subject to system participation.
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!