The most important aspects of the packaging regulations from 01.01.2009
The 5th amendment to the packaging regulations comes into force on 01.01.2009. The aim is to licence all packaging which reaches private consumers in a dual system and to therefore secure collection of used sales packaging close to households.
Key points
Mandatory participation and declaration of completeness by those who initially bring sales packaging filled with goods onto the market, which typically end up with private consumers (no obligations for the packaging manufacturers)!
Extension of the term "private consumer"
The consumer is the person who does not sell on the goods. The following have been equated to private consumers: Pubs, restaurants, canteens, hotels, administrations, self-employed, agricultural and trades firms, whose usual household collection bins can be emptied with no more than 1,100 litre maximum per material group within the usual household collection system.
Manufacturers and sellers of commercial sales packaging which does not end up with the private consumer can choose between a self-disposal solution for their industry (e.g. RESY) or individual agreements.
Identical provisions as for transport and outer packaging: There is no obligation to participate in a dual system.
Dispatch trade packaging is deemed to be sales packaging, but not as service packaging. The obligation to participate in a dual system with corresponding licensing duty therefore exists for the mail order and internet trade (no obligations for the packaging manufacturers and packaging wholesalers).
There is a special provision for service packaging only (e.g. baker's bags and pizza cartons): Here the participation in a dual system (§ 6 Para. 1) can be transferred from the bakeries to the packaging manufacturers or the pre-sellers (raw materials suppliers).
Practical example 1: You send 3 books in a dispatch carton to Family Müller in Stuttgart. In this case you must licence the dispatch carton and all packaging materials contained in it, as you are the first person to place the filled sales packaging on the market and supply directly to the consumer.
Practical example 2: You send 6 books in a dispatch carton to booksellers' Schmitz in Cologne. In this case your do not have to pay any licence fees as you are not delivering directly to the consumer, but instead to a trader who sells on the goods. In this case the carton is a transport package.
Practical example 3: You send 500 books with greeting cards in a carton to 500 private addresses for an insurance company. The carton must now be assessed as being sales packaging so that licence fees must be paid.
Dual disposal systems recognised throughout Germany
• The "Green Dot" - Grüne Punkt Duales System Deutschland GmbH: www.gruener-punkt.de
• Landbell AG for returnable packaging collection systems: www.landbell.de
• INTERSEROH Dienstleistungs GmbH: www.interseroh-isd.de
• Vfw GmbH: www.vfw-gmbh.eu
• EKO-PUNKT GmbH: www.eko-punkt.de
• BellandVision GmbH: www.belland-dual.de
• Zentek GmbH & Co. KG: www.zentek.de
• Redual GmbH & Co. KG: www.redual.de
There is no longer a labelling obligation.
Transfer of the participation and declaration obligations back to the packaging manufacturer or wholesaler is not planned.
Such a requirement, as expressed by individual purchasers of sales packaging, are a breach of the 5th amendment of the Packaging Regulations.
No responsibility is accepted for the accuracy of this information and it is subject to change without notice (dated: 17.12.2008).