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The new Packaging Law (VerpackG) will come into effect on 1 January 2019, replacing the current Packaging Ordinance.
How are the Packaging Ordinance and Packaging Law related?
The Packaging Ordinance (VerpackV) defines the current legal framework. It will remain valid until the Packaging Law comes into effect.
To whom do the regulations apply?
All actors, including online retailers, who bring packaged products (including padding material) onto the German market and which end as waste with the consumers, are subject to the VerpackV and VerpackG. The principle of extended product responsibility applies here. Thus, those parties are responsible for ensuring the collection and recycling of all related packaging materials.
The VerpackV requires participation in one or more packaging scheme(s) when it comes to sales packaging, which typically end up with the private end user (household and comparable collection points) and are collected and recycled via yellow bags, yellow bins, glass bins, or waste paper recycling bins.
What will change with the Packaging Law (VerpackG)?
A new single national authority (Zentrale Stelle) will be established to increase the transparency of the overall system. More importantly, it will support the enforcement authorities to combat the so called “free-riding”. The goal is to create an overall system for the national packaging waste disposal that is sustainable and eliminating competitive distortion.
In addition to significantly increased targets for material recycling, the VerpackG will also tighten several obligations and definitions.
In the future, manufacturers will be required to register with a newly created national authority, the Zentrale Stelle, before putting packaging on the market. Packaging must not be placed onto the market without such a registration (filled packaging sold to consumers or to distributors).
The registered manufacturers will be published on the website of the Zentrale Stelle to ensure full transparency for all market participants.
The targets for the recycling of packaging will increase starting 1 January, 2019 and then again from 1 January, 2022. The packaging schemes are required to reach the following minimum annual average rates for their contracted packaging volumes in terms of preparation for recycling and reuse.
What are the objectives for reusable beverage packaging?
The VerpackG includes a target reusability rate of 70 percent for beverage packaging. Additionally the obligation to charge a deposit has been expanded to beverage packaging that includes carbonated fruit and vegetable nectars as well as drinks with a share of milk products greater than 50 percent.
The new Packaging Law includes the establishment of a national authority, the so-called Zentrale Stelle. On 28 June 2017, producers and distributors or their related associations have officially set up a foundation based in Osnabrück (Stiftung Zentrale Stelle Verpackungsregister) corresponding to the legal requirements. This foundation is currently under development in order to be fully operational on 1 January 2019. The Zentrale Stelle plans to launch some of the platforms earlier – for example the registration platform in summer 2018.
Systems and operators of industry solutions are required to participate in the financing according to their respective market share. The Central Unit has sovereign powers and, as a neutral institution, should help to increase the efficiency of enforcement and to strengthen competition. The Central Office is subject to the technical supervision of the Federal Environment Agency.
Are declarations of completeness required?
Pursuant to the VerpackG, declarations of completeness must be
electronically submitted to the Zentrale Stelle by 15 May each year
along with the associated audit reports (§ 11 par. 1-3 VerpackG).
As before, those parties who bring onto the German market:
are still exempted from filing a declaration of completeness (§ 11 par. 4 VerpackG).
Can administrative offences be punished or penalties be imposed?
If a breach of the obligations occurs, it will be considered as an administrative offence and may be punished with a fine of up to 200,000 euros (§ 34 par. 1 and par. 2 VerpackG).
Does the Packaging Law provide incentives for recycling-friendly packaging?
The packaging schemes are required to provide incentives to promote the use of highly recyclable materials and the material recyclability of packaging. The schemes must also provide an annual report to the Zentrale Stelle and the Federal Environment Agency (UBA) on the implementation of the guidelines.
LA VA.ZI. ITALY S.A.S. has adhered to the new German law on sales packaging (VERPACKG) and has completed registration with the Central Osnabruck (Zentrale Stelle Verpackungsregister) with the following registration number:
It has also established a partnership with LANDBELL AG based in Mainz (Germany), regularly paying the disposal fees in Germany, and is therefore entitled to the correct shipment of goods processed in Germany. The customer code of the VA.ZI. ITALY S.A.S.- ITALICUM.IT at LANDBELL AG is as follows:
For any further information on the subject, concerning the activities of VA.ZI. ITALIA S.A.S., you can contact us at +39.091.532458 / +39.338.5463569 or by e-mail at [email protected]