Packaging Act B2B: What B2B Companies Should Know

1. What is the German Packaging Act?
2. Who is the Packaging Act for B2B Designed For?
3. What Requirements and Obligations Does the Packaging Act Include for B2B?
4. Source:
5. If you fail to meet your obligations as a manufacturer, importer, or dealer, you can be prosecuted. Legal violations can be sanctioned civilly and administratively by different institutions.
6. According to the Packaging Act, B2B companies have a lot to consider. A secure solution for complying with legal requirements is shipping software. The best one for you depends on your company - whether, for example, you distribute products via your own online shop or marketplace.
7. It's not easy to keep track of everything. The obligations that apply to you should be defined or confirmed by a professional. Compliant shipping software is an easy and cost-effective way to stay up to date and handle your day-to-day operations with confidence. Make sure to check out our article on the

What is the German Packaging Act?

• Preventing or Reducing Environmental Impacts of Packaging Waste
• Avoid packing waste as much as possible and prepare for its reuse or recycling
• Protect market participants from unfair competition

Who is the Packaging Act for B2B Designed For?

• System-liable packaging (confirmation of connection to a (dual) system is mandatory)
• Transport packaging (e.g., disposable pallets)
• Sales and secondary packaging that does not usually end up in private household waste (e.g., IBC with chemicals)
• Sales and secondary packaging for which system participation is not possible due to system incompatibility (e.g., chemicals with hazardous residues)
• Packaging of hazardous filled goods (e.g., contents subject to the self-service ban of the Chemical Prohibition Regulation)
• Reusable packaging
• Large commercial packages and industrial packaging
• Service packaging

• Glass
• Paper, cardboard, and carton
• Iron metals
• Aluminum
• Other composite packaging
• Plastic
• Natural materials and other materials

What Requirements and Obligations Does the Packaging Act Include for B2B?

1. Registration

1. The names, addresses, and contact details of the manufacturers
2. A legally representative individual of the company
3. At least one identity number of the manufacturers (e.g., European or national tax numbers)
4. Confirmation of nationwide waste disposal and collection (via industry solutions or systems)
5. Optional: Brand names of the system-liable packaging or the products contained therein
6. Optional: Details such as names, addresses, and contact details of the appointed authorized representatives

2. Acceptance and Recycling

Packaging that typically originates from private households or comparable sources must be disposed of nationwide via a system. Individual acceptance and recycling - without connection to a (dual) system - is not permitted.

This packaging fraction includes the following packaging:

• Transport packaging used in commercial logistics and not handed over to end consumers
• System incompatible secondary and sales packaging
• Sales packaging for hazardous filled goods
• Reusable packaging
• You must accept used and empty packaging that resembles yours free of charge. Only as the final distributor are you allowed to limit the acceptance to the specific goods you offer to end consumers. This packaging waste must then be properly (re-)used. This can also happen when returning to previous distributors. Own recycling is also allowed, as long as it complies with the requirements of the Packaging Act.

All manufacturers and subsequent distributors who accept non-system-liable packaging according to § 15 paragraph 1 VerpackG, must meet proof obligations to fulfill the acceptance and recycling obligations. Your documentation should include a breakdown according to material type and mass and must be produced annually by May 15th (for the previous calendar year). You must be able to present your documentation to the responsible state authority. You are responsible for its accuracy and completeness.

(Dual) systems and packaging disposers must comply with defined minimum recycling quality quotas when recycling. These recycling quotas are gradually increased. For the packaging faction 'paper, cardboard, carton' for example, it looked like this: 70% until 2018, 85% from 2019 and already 90% from 2022. The systems and industry solutions or waste disposers are responsible for compliance with the quotas, not the manufacturers, importers, and dealers.

Manufacturers and distributors must charge at least 25 cents deposit including VAT per piece for filled single-use beverage packaging (e.g., aluminum cans and PET bottles). Packaging manufacturers must also be part of a nationwide deposit system. The packaging must be permanently, legibly and visibly marked as subject to deposit and contain the indication 'single-use' or 'reusable'.

Quantity notifications for non-system-liable packaging fractions like B2B or transport packaging are generally only needed between manufacturers and waste disposers. The two parties determine the reporting interval and format and stipulate it in the contract.

1. : Manufacturers provide an estimate of the packaging quantities for the following year by the end of the year.Actual reports to the system and packaging register
2. : Manufacturers regularly report (e.g., monthly, quarterly, or annually) the actual packaging numbers.Completeness declarations to the packaging register
3. : As part of these declarations, the packaging quantities must be certified by accredited experts or auditors (e.g., chartered accountants) and submitted.In certain cases, further reports to systems or industry solution providers may be required.

The Declaration of Completeness (VE) requires manufacturers to provide certain information about the packaging and possibly also report those they have recycled. The information is checked and certified by accredited auditors (of the ZSVR Foundation).

• Sworn book auditors
• Environmental auditors and environmental audit organizations
• Experts approved by the accreditation body
• Foreign experts with certain approvals
• Chartered accountants
• Tax consultants
• The VE obligation applies to large manufacturers. For small manufacturers, it only applies if they are requested to do so by the Packaging Register or a responsible authority. The exact definition of small and large manufacturers can be found in a table. The minimum quantity limit for paper, cardboard, and carton, for instance, is 50 tons annually. If you belong to the large manufacturers or were asked to do so, you need to submit the VE to the Central Office Packaging Register Foundation every year by May 15th.

Apart from a few exceptions (beverage packaging, § 31 paragraph 1 VerpackG), there are no mandatory labels in the Packaging Act. Packaging can - but does not have to - be marked with these features:

• : Word or image trademarks that appear on products or packagingManufacturer names
• : if neither the product nor the packaging contain any markings registered with the Packaging RegisterRecycling codes (according to Appendix 5 VerpackG)
• : for identifying the materialSystem operator logo
• : the Green Dot ® mark is no longer mandatory in Germany but is still required in some other countries6. Notice Obligations

Retailers who sell drinks in single-use or reusable packaging (final distributors) must place the following clearly visible and readable notices (in size and shape at least equivalent to the price) near the drinks in their store:

• : Drinks in single-use packaging subject to a deposit"REUSABLE"
• : Drinks in reusable packaging with filling volumes of up to 3 liters (be careful, there are exceptions)Notice Obligations for Non-system-liable packaging

This packaging may include:

1. B2B sales and secondary packaging
2. Sales and secondary packaging for which no system participation is possible due to system incompatibility (according to § 7 paragraph 5 VerpackG)
3. Sales packaging for hazardous filled goods
4. Reusable packaging
5. If you are a retailer (final distributor) and pass on these packages to end consumers, you must inform them about:

• Purpose and meaning of the acceptance
• A text like this can be used to fulfill the notice obligations according to § 15 paragraph 1 VerpackG:

It makes sense to inform subsequent distributors about a registration at the Central Office. However, there is no obligation. The advantage is that they can quickly decide whether they can easily resell your product or not. Such a note could look like this:

According to the Packaging Act, legal notices regarding the disposal of packaging waste by private end consumers only apply to (dual) systems. It's up to you as a company whether you use notices. An example is:

Electronic marketplaces and fulfillment service providers are obliged to

If the limit of 100 mg per kilogram of lead, mercury, cadmium, or chromium VI in the packaging material is exceeded, the marketing of packaging or their components is prohibited.

• Plastic crates and pallets under certain conditions
• Lead crystal glass packaging
• Other glass packaging, whose concentrations of lead, cadmium, mercury, and chromium VI (cumulatively) do not exceed 250 milligrams per kilogram and whose production meets all requirements of Annex 4
• The marketing of thin-walled plastic carrier bags with a wall thickness below 50 micrometers is prohibited according to § 5 paragraph 2. There is an exception for plastic carrier bags with a wall thickness of less than 15 micrometers.

Source:

For sales packaging that typically accumulates in private end consumers or comparable sites, mandatory participation in some return systems was required. Waste was and continues to be collected and recycled via the Yellow Sack or the Glass Container, for example.

Until 31.12.2018 the Packaging Ordinance was in effect. In a certain sense, it was the basis of the Packaging Act. The obligations contained therein were expanded, for example, by specifying packaging and introducing proof and notice obligations.

The Packaging Act was passed in May 2018 and came into effect on 01.01.2019. Its goal is to define the requirements according to the product responsibility under § 23 Kreislaufwirtschaftsgesetz (KrWG) and to implement the European Packaging Directive 94/62/EG into German law. To ensure transparency and assist the relevant authorities, a central office was established. It is expected to ensure a sustainable and competition-neutral basis for packaging disposal. In this context, several changes occurred, such as the significant increase in quotas and the intensification of obligations and definitions.

The amendment tightens the existing regulations again. Companies involved in

• : Online marketplaces must check if the traders comply with their obligations.Changed responsibilities for fulfillment service providers
• : It is not (anymore) that they are responsible for licensing shipping packages, but the commissioning traders are. Fulfillment service providers need to demand proof of their system involvement.What Can Happen if You Don't Comply with the Packaging Act for B2B?

If you fail to meet your obligations as a manufacturer, importer, or dealer, you can be prosecuted. Legal violations can be sanctioned civilly and administratively by different institutions.

• : Marketing packaging without registration or missing quantity notifications can be punished with fines of up to EUR 200,000 per case.Warnings and Compensation, Interim Injunctions and Claims
• : Non-compliance with the regulations gives companies a competitive advantage, which can constitute a violation of unfair competition (UWG).Profit Absorption
• : Supervising authorities may demand the absorption of unlawfully achieved profits, preventing calculated violations.Appropriations
• : Objects related to the administrative offense or used or intended for its preparation or commission can be confiscated.(De facto) Sale Bans
• : On the one hand, the prohibition of marketing non-compliant products is essential to a civil warning. On the other hand, marketing non-compliant packaging is prohibited by administrative offense proceedings.Which Shipping Software is Suitable for Complying with the Packaging Act?

According to the Packaging Act, B2B companies have a lot to consider. A secure solution for complying with legal requirements is shipping software. The best one for you depends on your company - whether, for example, you distribute products via your own online shop or marketplace.

• 1 : Sale of products through your own online shop: You store and sell your products yourself. You are responsible for participating in the shipping package because you fill the packaging with the goods for the first time and are considered a manufacturer.Example
• 2 : Selling products through your own online shop and being a goods producer: If, in addition, you yourself produce the goods and fill them into a product or secondary packaging, you are also obliged to participate in this packaging.Example
• 3 : Dropshipping: If, in addition or exclusively, you do dropshipping, you do not fill the goods yourself into a package. Your dropshipping service provider stores and sends the goods via producers who ship them in your name. Responsibility lies with the manufacturers and dropshipping service providers. Note the duty to provide proof!Example
• 4 : Fulfillment: Are your goods stored in a distributor's warehouse (e.g., Amazon), filled into a shipping package and sent in your name? Since July 2022, the licensing obligation has been transferred to ordering traders without exception. Fulfillment service providers need to check their system participation.Example 5
• : Goods Imports: If you carry packaging for commerce into Germany, you are responsible as an importer. If your goods are sent from a foreign online shop (affects EU and non-EU countries) directly to German customers, operators are responsible.On OMR Reviews you can find many helpful

Shipcloud

Sendcloud

Pickware

JTL

Hive

LetMeShip

PlentyONE

It's not easy to keep track of everything. The obligations that apply to you should be defined or confirmed by a professional. Compliant shipping software is an easy and cost-effective way to stay up to date and handle your day-to-day operations with confidence. Make sure to check out our article on the