How to handle the obligations of the German Packaging Act with an authorised representative in Germany
As a non-German trader or exporter who ships his goods to Germany and does not have a branch office in Germany, this information is particularly important for you. Foreign online traders or importers have long been obliged to implement the regulations of the German Packaging Act. They must pay a system in Germany for the recycling of their packaging. Since July 2021, however, they have the option of handling all obligations through an authorised representative in Germany. We explain how to do this in this article.
Obligations under the Packaging Act: How to behave in a legally compliant manner
It is prohibited to sell packaged goods in Germany if the obligations regarding packaging are not fulfilled.
What duties are involved?
You must have paid for recycling in the first place and you must report how much packaging material you put on the market. To a dual system and to the packaging register LUCID. If you do not appoint an authorised representative, you must fulfil all obligations under the Packaging Act yourself. Or you can decide to commission an authorised representative and thus transfer all obligations, except for registration, to him.
In order for your authorised representative to be active in the LUCID packaging register, you must name him/her there.
You must first conclude a contract with the authorised representative. This contract regulates the transfer of duties. The following must be observed:
- You may only appoint one authorised representative
- Authorised representatives can be any service provider with a registered office or branch in Germany
- You must conclude a written contract with your authorised representatives in German. If the contract is available in other languages, the German version shall apply
- The contract must be signed by both parties by hand or with a qualified electronic signature
The Central Packaging Register (ZSVR) has published instructions on how to conclude a contract on its website. Once you have concluded the contract, there are two conceivable scenarios. Both require that the authorised representative has a login or an ID in the packaging register LUCID.
Scenario 1
You are registering in the LUCID packaging register for the first time and at the same time want to specify your authorised representative. In the registration process, you can confirm that you have appointed an authorised representative by ticking the box in step 4. In step 4.1 the concrete entry is made in the field “Entry of authorised representative”. The ID or name of the authorised representative is entered here.
Scenario 2
You are already registered in the LUCID packaging register and would like to nominate your authorised representative. When you log in on the start page, you will land on your dashboard, where you will find the tile “Authorised representative”. Click on it to start editing your register entry and you can specify your authorised representative. Everything else works as described in scenario 1.
What happens after the appointment of the proxy in LUCID?
In both cases, the authorised representative must actively confirm the designation. The ZSVR then confirms the entry in the register with an administrative act and publishes the details of the authorised representative in your company entry in the register of manufacturers.
Now you have successfully nominated the authorised representative in the LUCID packaging register. With the exception of your registration, the authorised representative takes over all your obligations under the Packaging Act, apart from registration, and fulfils them in his own name. He is responsible for fulfilling them for the duration of the authorisation.
As a manufacturer, you can also terminate the authorisation in LUCID in accordance with the term of the contract with the authorised representative.
The authorised representative shall, with the exception of registration, fully assume your legal obligations as a manufacturer. These obligations include:
Fulfilment of the system participation obligation: payment of the recycling costs for packaging placed on the market.
- Submission of data reporting on packaging quantities to LUCID
- Submission of certified declaration of completeness (CE) if quantity thresholds are exceeded
- Fulfilment of take-back obligations for transport, sales and outer packaging
- Participation in a nationwide deposit system for disposable packaging subject to deposit
Deutsche Recycling offers you a convenient service as your authorised representative. We are your service provider for all aspects of authorisation within the meaning of the Electrical and Electronic Equipment Act, the Battery Act and, since 2021, the German Packaging Act.
