More compliance through more transparency – Case reports on violations of the packaging law
As part of the so-called extended producer responsibility (EPR), every company that sells products in Germany – and thus always brings packaging waste into circulation – must ensure that the corresponding packaging is subsequently disposed/recycled, in accordance with regulations. The background to this is the European packaging directive (94/62/EG), which is implemented in Germany by the “Verpackungsgesetz (Packaging Act)”. This directive is intended to reduce packaging waste within the EU. Manufacturers should also make sure to use reusable materials whenever possible.
In order to better achieve the goals of the Packaging Act, case reports from companies that do not comply with the rules will now be published. In this article you will learn everything you need to know about the new regulation.
As a distributor of sales, transport and cover- or secondary packaging, producers and (online) retailers within the EU are subject to the European Packaging Directive (94/62 / EG), which has been regulated in Germany since January 2019 by the new Packaging Act (VerpackG). The official authority “Zentrale Stelle Verpackungsregister” (ZSVR) is responsible for its implementation and forwards violations of the packaging law to the state enforcement authorities. From now on, the ZSVR will regularly publish exemplary case reports on violations.
The German Packaging Act (VerpackG): Your obligations as a manufacturer, importer & (online) retailer
According to Gunda Rachut, director of the “Zentrale Stelle Verpackungsregister” (ZSVR), it is essential that everyone who manufactures, imports or resells, also pays for their proper disposal. Because only this way, there would be an increasing incentive to dispense with unnecessary packaging material already in production and to participate in the recycling of the old packaging. According to the packaging law (VerpackG), you as the manufacturer are obliged to
- Register with the LUCID packaging register as soon as you want to put packaging into circulation for the first time. This registration obligation applies to manufacturers within Germany as well as to importers and online retailers.
- To participate in a recognized take-back system after registration (system participation obligation).
- To forward information on packaging quantities that are part of the system participation to the ZSVR. If the so-called “small amounts limit” is exceeded, this data message must also be accompanied by a “Vollständigkeitserklärung (VE) – Completeness Statement (CS) of the quantity of packaging put into circulation.
Control authority: Zentrale Stelle Verpackungsregister – The Central Office (ZSVR)
For about 15 months the ” Zentrale Stelle Verpackungsregister ” (short: ZSVR) has been entrusted with the implementation of the new packaging law. As the operator of the national packaging register LUCID, the authority takes care of the registrations, data reports and declarations of completeness of the individual manufacturers, among other things. The ZSVR analyzes the data of the respective companies in order to check whether there is a possible violation of the packaging law. If in doubt, they can then pass on the information directly to the responsible state enforcement authority.
This is new: Publication of case reports on a regular basis
From now on, the case reports on violations of the Packaging Act should no longer be exclusively available to the state enforcement authorities, but also to the public.
This new form of transparency is intended to prevent disregard for regulations and manufacturer obligations in the future. The case reports provide valuable information for companies on how to better avoid violations. It is also intended to show which penalties (such as fines) can be imposed on the company if you do not comply with the requirements. With this approach, the ZSVR hopes not only to increase the compliance of the manufacturers. Also, the auditors could also benefit from the new practice, since the test reports also consistently contain errors.
Which companies are affected?
For the first time, the ZSVR published the case data of a garden center, which is said to have neglected its obligations to participate in the system and to file a declaration of completeness in 2018. According to the ZSVR, the company is one of the 5,000 largest distributors of packaging in Germany. Since large companies generally produce a particularly large amount of packaging waste, the ZSVR stated that it will continue to focus on the publication of case reports, particularly on manufacturers with large packaging quantities and at the same time with low legal compliance. Nevertheless, every company, regardless of its size or industry, should deal with the packaging law and the measures that are necessary to act in accordance with the European packaging directive.
Deutsche Recycling: your reliable partner when it comes to packaging
By publishing individual case reports on violations of the Packaging Act, the ZSVR wants to strengthen the regulatory compliance of manufacturers and also inform about the difficulties that may arise in fulfilling the obligations that may arise from the European Packaging Directive.
Deutsche Recycling would be honored to assist you with the implementation of your registration obligation with the ZSVR, the annual data reports or the submission of your completeness declaration to the ZSVR. Benefit from our professional experience in the field of packaging and packaging licensing. Contact us!