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FAQs.
What is a dual system and how does it work?
What exactly does the Packaging Ordinance regulate?
What is packaging as stipulated in the Ordinance?
What materials are used for sales packaging?
Who do we get a licence number from?
How can I fulfil my Packaging Ordinance obligations?
Are there any other exceptions making registration unnecessary?
What is the situation for used packaging?
What are the possible consequences for placing non-licensed packaging onto the market?
What volumes of packaging are exempt from the Packaging Ordinance?
Does the packaging have to be labelled?
Will disciplinary letters be sent if the packaging has a label of a dual system printed on it?
What does the "RESY" label mean?
Who can help if I have further questions?
What is a dual system and how does it work?
A dual system is a collection system that has been established by governmental authorities to ensure that used and empty sales packaging is collected from private households throughout the whole of the country using a kerbside collection system that is free of charge for all private individuals. It has been given the name "dual", as the collection system for sales packaging – using a bin or bag for recyclables – has been made available to private houses alongside the collection system for residual household waste. Further information about the dual system can be found here
What exactly does the Packaging Ordinance regulate?
Translated into English, the German Packaging Ordinance, the "VerpackV", stands for the 'Law on the prevention and recycling of waste packaging' and enforces a number of EU directives. The ordinance aims to prevent and/or reduce packaging waste as well as to recycle unavoidable waste packaging.
What is packaging as stipulated in the Ordinance?
Packaging covers products used for the containment, protection, handling, delivery and presentation of goods. The kind of material used to produce such packaging is unimportant for the definition of the term 'packaging'.
The Packaging Ordinance differentiates between:
a) Sales packaging
Sales packaging includes all packaging that a final consumer receives. This also includes the packaging with which the goods are sent to the final consumer.
b) Grouped packaging
Grouped packaging is packaging that is used as additional packaging to the actual sales packaging and that is not needed for the hygiene, durability or protection etc of the goods concerned.
c) Transport packaging
Transport packaging is packaging that facilitates the transport of goods, prevents transport damage or is used for security purposes and that ends up at a distributor. As a consequence of the qualification 'ends up at a distributor', transport packaging that is handed over to a final consumer is considered to be sales packaging and must, therefore, be licensed.
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What materials that must be licensed are used for sales packaging?
A distinction is made between three material fractions for sales packaging: glass, paper/card/cardboard and light packaging. Light packaging includes aluminium, tinplate, plastics and composites.
Who do we get a licence number from?
Contrary to popular belief, it is not necessary to have a licence number to prove that you are participating in a dual system. Indeed, there is no central office that could issue such a licence number. You receive a customer number from EKO-PUNKT® – as is normal in all other areas of business.
How can I fulfil my Packaging Ordinance obligations?
By concluding a contract with a dual system. EKO-PUNKT® offers its customers individual solutions for all volumes of sales packaging that needs to be licensed. We can provide you with an offer within just a few minutes, especially if it involves only small volumes. Quick and straightforward.
Do I have to observe the Packaging Ordinance if I am an online trader? Or does the Packaging Ordinance differentiate between volumes of sales packaging?
Commercial online traders or businesses selling goods in online auctions and who only place small quantities of packaging material on the market are also obliged to observe the regulations of the Packaging Ordinance. The Ordinance does not differentiate between small and large distributors. There are, however, differences as far as the 'Vollständigkeitserklärung' (declaration of completeness) is concerned. Such a declaration must only be submitted by manufacturers and distributors who place a certain volume of packaging material on the market (more than 80 tonnes of glass or 50 tonnes of paper/card/cardboard or 30 tonnes of light packaging). In individual cases, however, the authorities responsible may request manufacturers and distributors placing smaller volumes on the market to submit a 'Vollständigkeitserklärung' (declaration of completeness).
Does every trader have to join a waste management system? Or is it possible to receive "pre-licensed" packaging instead?
It is possible for the licensing obligation to be transferred to the previous supplier or manufacturer if the packaging involved is 'service packaging'; this is not possible, however, for 'standard' sales packaging. Each and every retailer must, therefore, join a waste management system. Furthermore, Section 6 Par. 1 of the Packaging Ordinance stipulates:
"Manufacturers and distributors, who place filled sales packaging, which typically ends up at final consumers, on the market for the first time are obliged to participate in one or more systems as defined in Par. 3 to ensure that such sales packaging can be recovered and collected across the country."
It should be noted here that the licensing obligation lies with the "Erstinverkehrbringer"* even if they themselves do not directly hand over the filled packaging to final consumers. The number of steps between the "Erstinverkehrbringer"* and the final consumer is not significant here.
Are there any other exceptions making registration unnecessary?
In accordance with Section 16 Par. 2 of the Packaging Ordinance, Section 6 of the Packaging Ordinance does not apply – up to 31.12.2012 – to plastic packaging that is made of biologically degradable materials and that is fully compostable. This must have been certified by an independent source. This exemption does not apply, if the manufacturer packs the product concerned into additional sales packaging.
What is the situation for used packaging?
The preconditions for the licensing obligation as stipulated in Section 6, Par. 1, Sentence 1 of the Packaging Ordinance may (re)apply to the re-use of second-hand packaging, e.g. used boxes used by mail order and Internet retailers to package goods to be sent by post. There is no licensing obligation if the second-hand packaging has already been licensed with a dual system in accordance with Section 6, Par. 3 of the Packaging Ordinance and has not yet been collected by a dual system. The burden of proof lies with those businesses that place second-hand packaging filled with goods on the market.
What are the possible consequences for placing non-licensed packaging onto the market?
Manufacturers or distributors, who place non-licensed packaging on the market, for example sending products by mail, must expect to receive disciplinary warnings or fines. In accordance with Section 15. Par. 1 Nos 4 and 7 of the Packaging Ordinance, businesses are committing an offence within the terms of Section 61 Par.1 No. 5 of the Kreislaufwirtschafts- und Abfallgesetz**, if they intentionally or negligently fail to participate in a take-back system contrary to Section 6 Par. 1 Sentence. 1 of the Packaging Ordinance or hand over sales packaging to final consumers contrary to Section 6 Par. 1 Sentence. 3 of the Packaging Ordinance. In accordance with Section 61 Par. 3 of the Kreislaufwirtschafts- und Abfallgesetz**, such an infringement can result in a fine of up to 50,000 euros for each individual case.
* "Erstinverkehrbringer" is the initial manufacturer or distributor to pass on packaging filled with goods to a third party
** Act for Promoting Closed Substance Cycle Waste Management and Ensuring Environmentally Compatible Waste Disposal
What volumes of packaging are exempt from the Packaging Ordinance?
There are no "free" volumes regarding the general obligations of the Packaging Ordinance. Each and every manufacturer and distributor must observe the legal obligations.
Special attention should be given to Section 10 of the Packaging Ordinance ('Vollständigkeitserklärung' /declaration of completeness). This involves certain minimum volumes and only those manufacturers or distributors (retailers) exceeding these volumes are obliged to submit the so-called 'Vollständigkeitserklärung' (declaration of completeness) each year. In individual cases, you may be requested by the authorities to submit such a declaration, even if the volumes you place on the market are below these volumes. You are always, however, obliged to license your packaging volumes.
Does the packaging have to be labelled?
According to the new legal regulations which have been in force since 01.01.2009, sales packaging no longer needs to be labelled. Unless you have signed an agreement with your systems operator for such a label to be printed on your packaging. Some systems operators, for example DSD GmbH, charge a fee to use their brand-name label ("Grüner Punkt" / Green Point). We offer our customers the opportunity to print the "EKO-PUNKT®" label on their packaging free of charge. In this case, an additional contract needs to be concluded authorizing you to use our label.
Will disciplinary letters be sent if the packaging has a label of a dual system printed on it?
In the past, online retailers, in particular, who were not participating in a waste management system, had to place information on their websites informing their customers that packaging materials could be sent back free of charge. This obligation to post such information on their websites was hugely important as disciplinary measures were often undertaken if such information was missing. Since the introduction of the new ordinance, however, all retailers placing packaging on the market for the first time are now obliged to join a waste management system and may only use licensed packaging. As a result they no longer need to inform their customers that packaging materials can be handed back. A factual statement informing customers about participation in a 'dual system' will continue to be permitted. However, it should not have the appearance of an advertisement or there is the risk of it being interpreted as implicit advertising which is seen as unfair and could lead to disciplinary measures.
Is it obligatory to refer to the fact that packaging is taken back (e.g. in the General Terms & Conditions, in the catalogue or on the website) and to manage the take back of the materials oneself?
Self-management take-back systems are no longer permitted. These so-called self-management solutions have been abolished by the legislator. Manufacturers and distributors are not obliged by law to point out the fact that they are participating in a dual system. On the contrary: such information could be seen as anti-competitive or implicit advertising. Judicial rulings have not yet been made about such matters. If you wish to publish such information, then you should not highlight it in any way.
What does the "RESY" label mean?
The RESY label refers to a waste management system for transport packaging in accordance with Section 4 of the Packaging Ordinance. It does not substitute the obligation to license sales packaging. Transport packaging that is forwarded to final consumers is legally considered to be sales packaging. Using the RESY label, therefore, does not free retailers of their obligation to license packaging that ends up at final consumers. Mail-order companies, whose packaging has the RESY label printed on it, should not be fooled into thinking that the RESY label guarantees that their packaging will be taken back thus freeing them of their obligation to license such packaging. RESY only regulates the take-back of transport packaging as stipulated in Section 4 of the Packaging Ordinance, i.e. transport packaging that ends up at distributors and not at final consumers.
Who can help if I have further questions?
EKO-PUNKT®'s staff are happy to answer all your questions. You can contact us by phone or send us an email.