The German authorities have confirmed that a new Packaging Act (VerpackG) will be introduced and come into effect from 1st January 2019. The Act will replace the current Packaging Ordinance.
The new Act will ensure that all companies (manufacturers, importers, distributors, and online retailers) are captured under the legislation. There are no minimum thresholds; this means that companies placing a single item of consumer packaging onto the German market are obligated to participate in the dual-system.
One of the main changes is the creation of the new Central Registry.
New Registration Requirements
All obligated companies will now be required to complete a registration form to be sent directly to the Central Registry. This is likely to be an online process open from summer 2018. The below information will be required when completing the registration:
- General company information & contact details
- National company identity number or national tax registration number
- Brand names which the company placed onto the German market
- Confirmation that the company is part of a take-back system (dual-system compliance scheme)
- Declaration that all data submitted by the company is true & accurate
Once the registration has been completed, the obligated company will receive a unique registration number from the Central Registry.
New Data Declaration Requirements
Currently, obligated companies are required to submit a data declaration stating the total amount of packaging placed onto the market in the previous year to their compliance scheme.
A new mandatory data declaration will need to be made directly to the Central Registry in addition to the above declaration. This new data declaration will need to include; a company’s register number, total amount of packaging placed onto the market, name of the take-back system which the company participates in, and the period of participation in the take-back system.
Please note that both of the new registration requirements and the annual declaration to the Central Registry must be completed by the company itself. Third parties cannot do this on a company’s behalf – e.g. the German take-back system cannot complete it on your behalf and neither can Valpak.
Amendments to the Declaration of Completeness Requirements
Companies which place more than 80 tonnes of glass, 50 tonnes of paper & cardboard or, 30 tonnes of any other material per year must submit an annual ‘Declaration of Completeness’ verifying the accuracy of their data declaration.
This Declaration of Completeness must be reviewed by a registered expert, auditor, tax consultant or chartered accountant.
The deadline for the Declaration of Completeness has been extended from 1st May to the 15th May.
Deductions due to damaged or unsaleable packaged goods need to be disclosed and the fulfilment of recycling requirements needs to be confirmed separately.
Extension of Mandatory Deposit
The new Act extends the mandatory deposit for single-use beverage packaging to include carbonated fruit and vegetables beverages, as well as the introduction of compulsory labelling of the shelves where these products are stocked with the wording “One Way” and “Returnable” by the final distributor to inform the final consumer.
Valpak continuously monitors the regulatory landscape to keep you informed – but if you have any further queries, don’t hesitate to get in touch via firstname.lastname@example.org or give us a ring on +44 (0)1789 208 725 and we’ll be happy to help!