Distributor-Finder_2019_2020_EN

>> Considerable scope for interpretation
Even though the explanations in the policy documents of
the Central Packaging Registry can be fluently read and
are essentially comprehensible, as with any legal text there
is plenty of scope for interpretation. The Act uses the indefinite
term “typically” in connection with sales packaging
as well as packaging subject to system participation:
“Sales packaging which is typically offered to the end user
as a sales unit consisting of goods and packaging ...” or
“primary packaging and overpack filled with goods, that
typically ends up at private end users as waste after use
...” Here, the ZSVR itself recognises the problem of lack
of definition of the term which was first mentioned in the
2008 German Packaging Ordinance (VerpackV). The legal
intent speaks of “predominantly” – thus, the meaning of
this critical term is not unequivocal. Such imprecise statements
in a decisive passage of the text make it more dif-
ficult to determine the system participation obligation.
Catalogue should provide legal certainty
In order to provide more clarity, a catalogue was drawn
up on the basis of a verifiable empirical study to cover all
relevant consumer goods and industries. The products are
displayed in such a way that the system participation obligation
can be derived. However, this guideline, which is
intended to facilitate classification and provide legal certainty,
was found by our interlocutors in the industry to be
of little help. Because in the promotional product industry
with its special products and its special distribution
structure, many questions arise regarding the system participation
obligation, which the catalogue cannot answer.
ZSVR provides assistance
The Central Packaging Registry (ZSVR) has the task of
providing assistance to companies in the registration process
and is available to companies as a contact point for
legal and content-related questions about their obligations,
but it is not allowed to advise them. The ZSVR expressly
points out that the system participation obligation must
first be clarified within the company and that it is not responsible
for answering basic questions. However, it does
provide comprehensive informative literature, explanatory
films and detailed instructions (such as uploading brand
names) on its website. On request, it determines the system
participation obligation of packaging which is one of
its tasks defined in the Act. However, answering inquiries
may take months, and in several cases, industry-specific
questions could not be answered, as manufacturers and
distributors told us. Thus, whoever contacts the ZVSR will
not necessarily make headway, and certainly not quickly.
An overview of the types of packaging, their classification
as well as the resulting obligations are shown in our glossary
on the following pages.
Clarifying questions within the company
Whether a particular product is subject to licensing and
which party in the supply chain may be required to do so