The new Packaging Act has been in force since January 2019, replacing the Packaging Ordinance. The new law is intended to encourage manufacturers to switch to more recyclable packaging in order to further increase the recycling rate in Germany. Only 36% of plastics in particular are currently recycled. This quota is to be increased to 63% by 2020.
What impact will the new law have on companies and what do they need to bear in mind? Here are 7 facts you should know:
All manufacturers and companies that use packaging that accumulates as waste at the end consumer. They must register with the new Central Agency Packaging Register (ZSVR) on the LUCID platform. This collects data on how much and which packaging material is put into circulation by the manufacturer.
Without registration, products packaged in materials subject to registration, such as cardboard boxes, polystyrene, etc., may not be placed on the market. Fines of up to 200,000 euros may be imposed.
There is a licensing requirement for all sales and shipping packaging that must be disposed of by the end consumer.
Beverage packaging for returnable and non-returnable packaging that is covered by the deposit system is not subject to licensing. As well as contract documents, letters and packaging that do not accumulate as waste in Germany (e.g. during export).
Dual systems are companies that organize the collection, sorting and recycling of sales packaging. Manufacturers who put packaging subject to licensing into circulation must participate in a dual system (participation obligation).
Registration with the ZSVR is not possible without system participation.
All sales packaging put into circulation in the previous calendar year must be stated in the declaration of completeness by May 15. Manufacturers who have placed less than 80,000 kg of glass, 50,000 kg of paper, cardboard and paperboard or 30,000 kg of packaging made of aluminum, iron, beverage cartons or other composite packaging on the market are exempt.
The dual systems reward recycling-friendly packaging with lower license fees. The aim is to encourage manufacturers and companies to use packaging made from recycled materials, renewable raw materials or packaging that is particularly easy to recycle.
The deposit requirement was extended from January 2019. Carbonated fruit and vegetable nectars and mixed drinks with at least 50% milk content (whey) in disposable packaging are now subject to a deposit, alongside bottles for water, beer, soft drinks and alcoholic mixed drinks. Beverage cartons, tubular and stand-up pouch packaging as well as spirits and wine bottles are excluded from the deposit requirement.
In addition, retailers must clearly indicate to the end consumer whether beverage packaging that is subject to the deposit requirement is disposable or reusable.
It monitors that manufacturers and companies take responsibility for the packaging they put into circulation. The ZSVR reports violations to the respective enforcement authorities. Transparency is to be created with the publicly accessible LUCID database, where consumers can also see which company is responsible for disposal.
In addition, the ZSVR works with the Federal Environment Agency every year to develop a minimum standard for recyclable packaging, which is to serve as a guide for the dual systems when calculating license fees.
