HAVE YOUR PACKAGING
LICENSED BY US IN CONFORMITY WITH THE LAW
Businesses and manufacturers that fall within the definition of first distributors in the German Packaging Act (VerpackG) are obligated to participate in a dual system and to have their end-user product packaging licensed. As operators of a dual system, we are the ideal party to contact about this.
Below we explain just what is meant by first distributor, what the obligation to participate in a dual system means, and what purpose is served by licensing packaging.
In the German ‘Act on the placing on the market, the return, and the high-grade recovery of packaging’ – in short the Packaging Act (VerpackG) – first distributors or manufacturers are defined as the first parties to commercially place on the market B2C packaging containing goods. This also includes anyone who is importing packaging for commercial purpose into an area governed by the Packaging Act, i.e. if you are importing goods from a foreign country.
After use, this packaging accumulates as waste at private end-consumers and at comparable accumulation sites (Paragraph 3(8) to (14) VerpackG). Private households as well as such things as restaurants, hotels, hospitals, educational institutions, theatres, and sports stadiums are deemed private end-consumers and equivalent accumulation sites (Paragraph 3(11) VerpackG).
WHAT DOES IT MEAN TO BE OBLIGATED
TO PARTICIPATE IN A DUAL SYSTEM?
As a manufacturer or first distributor of packaging, you are obligated to warrant the nationwide taking back (i.e. waste disposal) of this packaging. In order to do this, you must participate in one or several systems (Paragraph 7(1) VerpackG). This so-called system participation is accomplished via packaging licensing.
Prior to the licensing of your packaging by a dual system, you must first register as a manufacturer with the so-called Central Agency Packaging Register (ZSVR). The ZSVR was set up in conjunction with the enactment of the Packaging Act. Its function is to monitor whether manufacturers and systems are fulfilling their obligations. If you are not registered with the ZSVR and have not licensed your packaging then you are not allowed to distribute any goods in this packaging in Germany.
The dual systems on the other hand are obligated to collect the packaging waste from the end-consumers, to sort it, and then to allocate it to a recovery facility. Such a waste-management process is meant to achieve the highest possible recycling and reuse of packaging materials.
In order to fulfil your obligation as a manufacturer to participate in a dual system, you must have your entire packaging licensed. This must be done before you place any goods on the market in such packaging.
For having your packaging licensed through a dual system, you must pay a so-called participation fee. This transfers to the system your responsibility for the nationwide taking back of packaging. It is through these participation fees paid by the manufacturers that the waste-disposal process is financed.
HOW DOES PACKAGING LICENSING WORK?
The legally compliant licensing of packaging takes place in three steps. A concise explanation of these is set out below.
Register your business with the Central Agency Packaging Register (ZSVR) via the online portal LUCID. This register is visible to the public and serves as a database for the ZSVR where manufacturers and systems can report their annual data volumes.
Once you have chosen the registration of ‘producer’ in LUCID, you must then provide information about your business and an e-mail address. You will then receive an e-mail containing a link via which the last registration steps are carried out. You will then receive an e-mail with your individual ZSVR registration number. You must use this number for making all volume reports. Your registration with the ZSVR is thereby complete.
System participation is now carried out through the licensing of packaging with a dual system, for example through the Duale System Zentek. Here you must state the types and volumes of the packaging that you have to have licensed. You will then receive a nonbinding offer for licensing your packaging.
Request an individual offer here for your packaging licensing.
Directly following the licensing of your packaging, you must make a data report to the ZSVR. To do this, you log in to the LUCID register and select the button ‘Data report’.
Here you can report the estimated volume for the upcoming calendar year, or you can report an adjustment to the volume before the end of a year if you have to license additional packaging material during an ongoing calendar year. This is also where you submit your year-end report and your declaration of completeness.
Being a dual system, we also submit reports to the ZSVR. These include such things as which manufacturers have had how much packaging material licensed with us.
If you carry out these three steps then you are complying with your obligation to participate in a dual system and are licensing your packaging in a legally conform manner. Do you need personal advice or do you have other questions? Then please don’t hesitate to contact us.