Verpackungsabfälle: Rücknahme und Entsorgungspflicht

§ Section 7 VerpackG - System participation obligation

§ Section 9 VerpackG - Registration

§ Section 10 VerpackG - Data reporting

§ Section 11 VerpackG - Declaration of completeness

If you, as a manufacturer, importer or retailer, supply packaging filled with goods to private end consumers and place this sales packaging on the market for the first time, this packaging must be licensed, stating the registration number.

If you as a manufacturer, importer or retailer, e.g. as a mail order company or online retailer, supply packaging filled with goods to private end consumers and place this sales packaging on the market for the first time, this packaging must be licensed with dual systems, stating the registration number. The dual systems then organize the take-back from private end consumers and the recycling of the packaging you have placed on the market. You must register with one (or more) dual system before placing the packaging on the market.

Sales packaging is packaging that is offered as a sales unit and accumulates at the end consumer. Sales packaging is also packaging used by retailers, restaurants and other service providers to protect goods from damage or soiling when they are handed over to the end consumer.

In addition to households/private households, private final consumers also include the following sources of waste generation:

• Restaurants and hotels
• canteens
• administrations
• hospitals
• Educational and charitable institutions
• waste generation points in the cultural and leisure sector and
• Craft businesses and agricultural businesses whose packaging can be disposed of in waste containers with a maximum volume of 1,100 liters.

Once participation in a dual system (licensing) has taken place, producers are obliged to immediately provide the Central Agency with the information on the packaging provided as part of system participation, stating at least the following data:

1. registration number;

2. material type and mass of the packaging involved;

3. name of the system with which the system participation was carried out

4. the period for which the system participation was undertaken.

Declaration of completeness

Pursuant to § 11 of the Packaging Act, companies are also required to submit an annual declaration by May 15 of all sales and secondary packaging they placed on the market for the first time in the previous calendar year in accordance with the provisions of the Packaging Act. The declaration of completeness must be checked and confirmed by a registered expert or by a registered auditor, tax consultant or sworn accountant.

The declaration of completeness must be submitted electronically to the Central Agency together with the associated audit reports.

A declaration of completeness must be submitted by manufacturers who annually

• more than 80 tons of glass or
• more than 50 tons of paper/paperboard/cardboard or
• more than 30 tons of aluminium/tinplate/plastic/composite packaging per year.

are placed on the market. No declaration of completeness is required for quantities below this tonnage.

However, according to Section 11 (4) sentence 2 of the Packaging Act, the competent authority may also require companies that do not exceed these quantity thresholds to submit a declaration of completeness.

You must register with the central platform of the Chambers of Industry and Commerce.

You must have participated in a dual system for your sales packaging before placing it on the market. The declaration of completeness must be submitted by May 1 of a calendar year for the sales packaging placed on the market in the previous calendar year.

Manufacturers are obliged to register with the Central Agency Packaging Register before placing packaging subject to system participation on the market.

After registering with the Central Agency Packaging Register, manufacturers of packaging subject to system participation must participate with this packaging in one or more systems to ensure nationwide take-back.

Anyone who does not participate in a take-back system is acting in breach of competition law. Non-participation in a take-back scheme and the disposal of sales packaging without participation in a take-back scheme are administrative offenses that can be punished with a fine. The same applies in the event that a declaration of completeness is not submitted, not submitted in full or not submitted on time.

• If manufacturers, importers or retailers deliver packaging filled with goods to private end consumers and place this sales packaging on the market for the first time, this packaging must be licensed with dual systems, stating the registration number.
• The dual systems then organize the take-back from private final consumers and the recycling of packaging placed on the market.
• Before packaging is placed on the market, registration is mandatory if you participate in one (or more) dual system.
• Sales packaging is packaging that is offered as a sales unit and accumulates at the end consumer.
• Sales packaging is also packaging used by retailers, restaurants and other service providers to protect goods from damage or contamination when they are handed over to the end consumer.