We are occasionally asked whether the plastic containers and bottles we supply are licensed in accordance with the German Packaging Act (VerpackG), or whether we can supply pre-licensed packaging.
Neither is the case. At the time we deliver empty containers to you, these items do not yet qualify as packaging within the legal meaning of Section 3 (1) VerpackG. Under the statutory definition, packaging consists of products “typically offered to the end consumer as a sales unit composed of goods and packaging.”
Furthermore, Section 3 (8) defines packaging subject to mandatory system participation as “sales packaging and secondary packaging filled with goods that typically accumulate as waste at private final consumers after use.”
Consequently, pursuant to Section 3 (9), the enterprise that places packaging filled with goods onto the commercial market for the first time is legally required to register with the registry authority and license the respective packaging volumes (Section 9 (1) Sentence 1 VerpackG).
Our own shipping materials (outer cartons, cushioning materials, packing tape, etc.) are fully licensed in compliance with the law, as is the packaging of any product lines for which we act as the initial distributor or manufacturer.
Please note that we cannot provide legally binding legal advice, and this text does not constitute legal counsel. For detailed regulatory guidance, we recommend reviewing the compliance guidelines published by the IT-Recht Kanzlei: Packaging Act compliance guide and FAQ for online merchants.
As of: November 28, 2018