Packaging Act: Changes for online retailers and to-go providers as of July 1, 2022

Zuletzt aktualisiert am 19. July 2023 um 13:53

Distributors of sales, outer 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 in the LUCID packaging register by July 1, 2022.

This is the legislator's response to developments in recent years, the boom in online retailing and the growing volume of packaging from to-go products.

Who does the new packaging law apply to?

Das Verpackungsgesetz gilt für alle Händler und Vertreiber, die Verpackungen erstmals gewerblich, in Deutschland auf den Markt bringen. Das Gesetz inkludiert einige Neuerungen, Pflichten und Regeln, die es zu berücksichtigen gilt. Im folgenden  beantworten wir die relevanten Fragen.

ATTENTION: Sales ban on marketplaces

Retailers who do not register their packaging are excluded from selling on marketplaces such as Amazon, Ebay or Etsy. The Packaging Act provides for significant penalties in some cases for violations.

On the obligation to register

By July 1, 2022, dealers must register or register with the “Stiftung Zentrale Stelle Verpackungsregister”, the public register LUCID. This should happen before the first shipment of goods, otherwise the packaging may not be placed on the market according to the new packaging law. A registration number can be applied for via the Packaging Register.

Tasks of the Central Agency Packaging Register

Not all packaging that is recycled today is registered. Smaller companies in particular do not know their obligations under the new packaging regulations or only know them inadequately. The new packaging regulations are intended to ensure more transparency and order. This makes it easier to understand which packaging is registered and which is not. Other tasks of the central office:

  • Registration of manufacturers
  • Receipt of data messages
  • Filing of declarations of completeness
  • Keeping a check register

The declaration of completeness

Most companies do not have to submit a declaration of completeness, as this is only required for volumes of 80 tons or more of packaging subject to mandatory notification. Nevertheless, you should keep an eye on some new regulations:

  • The declaration of completeness may only be audited by registered experts, tax consultants, auditors or accountants.
  • Quantity deductions due to damage or unsaleable packaged goods are only possible if these can be proven for the individual case.

!!! This text is for information purposes only and does not constitute legal advice.

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