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Foreign obligated parties / distributors have had the option of appointing an authorized representative since July 3rd, 2021 (Section 3 (14a), Section 9 (2), Section 35 of the Packaging Act). If you do not have a branch in Germany, you can transfer almost all obligations to an authorized representative. But: The obligation to register under Section 9 of the Packaging Act with the Central Packaging Register (ZSVR) is not transferable (see above). This still has to be done personally.
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E-commerce marketplaces and fulfillment service providers (e.g. Amazon) have new responsibilities (Section 3 Paragraph 14b; Section 3 Paragraph 14c; Section 7 Paragraph 7; Section 9 Paragraph 5 Packaging Act). You are now obliged to check whether manufacturers of packaged goods are listed on their platform in the Central Agency’s packaging register. Otherwise, they are not allowed to offer the products. There is a one-year transition period until July 1, 2022.
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The registration requirement will be expanded from July 3rd, 2022 (Section 7 (2) sentences 2 and 3; Section 9 (3) of the Packaging Act). “Manufacturers” of service packaging are obliged to register, even if they purchase goods that have already been registered through the previous distributor.
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The take-back and recycling obligations have been expanded (Section 15, Paragraph 3, Clause 3; Section 15, Paragraph 3 (new: Paragraph 5) Packaging Act), valid since July 3rd, 2021: Evidence is provided of compliance with the return and recycling requirements for transport packaging respectively. Manufacturers of transport packaging must also register in the LUCID of the ZSVR from July 1st, 2022.
- Manufacturers or distributors of packaging or disposable beverage packaging as well as systems and industry solutions downstream in the supply chain must have appropriate financial and organizational resources available for management, including the separate collection and provision of sorting and treatment processes (Section 15 (4) of the Packaging Act).