Effects of the new Packaging Regulation on e-commerce

As of 01.01.2009, the new Packaging Regulation (Verpackungsverordnung, VerpackV) came into force, which brings some important changes for all merchants who put packaging into circulation. Whereas previously there was an option between taking back sales packaging – with appropriate notice – and participation in a nationwide take-back system (Dual System), there is now, in accordance with § 6 Abs. 1 Verpackungverordnung, an obligation to participate in a take-back system.

This is intended to ensure that all sales packaging as well as filling material, shipping boxes (service packaging), etc. are registered with an authorised waste disposal company. In principle, every company in the supply chain is therefore obliged to arrange for the take-back of its packaging or its registration with a nationwide take-back system. The manufacturer is thus responsible, for example, for the actual sales packaging of the goods, while the retail trader is responsible for the shipping box and filling material (shipping packaging).

However, it must be noted that packaging of imported goods is generally not registered but is being put into circulation for the first time within the scope of application of the Packaging Regulation. In this case, the importer is obliged – in addition to its own packaging – to also register the manufacturer's packaging. This is often overlooked.

Caution is also required when using used packaging material. In some circumstances, the user of the packaging may be required to demonstrate that the packaging material is registered with a take-back system. This can sometimes be difficult because there is no longer an obligation to mark registered packaging and the origin is often unknown.

Breaches of the Packaging Regulation are, on the one hand, anticompetitive and may result in a costly cease and desist letter from a competitor. On the other hand, substantial fines of up to €50,000.00 may be imposed.

It is therefore strongly recommended that any company using its own packaging joins a dual system. Furthermore, it is advisable to also check the sales packaging purchased from the supplier and resold to ensure that it is registered. This applies especially if the goods are imported.

Here are some waste disposal companies that (according to their own statements) meet the statutory requirements for a nationwide take-back system and in some cases offer attractive terms for traders with low packaging volumes:

• BellandVision GmbH – Pegnitz
• Der Grüne Punkt – Duales System Deutschland GmbH – Köln
• INTERSEROH Dienstleistungs GmbH – Köln
• Landbell AG – Mainz
• Redual GmbH & Co. KG – Köln
• Veolia Umweltservice Dual GmbH – Dormagen
• Zentek GmbH & Co. KG – Köln

Of course, there are many other reputable and reliable companies, which is why the list is not exhaustive.

The provisions of the Packaging Regulation can be found here.