Distributor-Finder_2019_2020_EN

Focus Packaging Act
>> ket for the first time (to the distributor).
If you look at the list of
“comparable places where packaging
arises “ on the website of ZSVR,
you will be surprised by the spectrum
of companies and institutions listed here.
And all of them can potentially use promotional
products that end up at end users as waste
and are therefore subject to licensing. On the other hand,
packaging of promotional products intended for use by
industry companies themselves is not subject to system
participation. This applies, for example, to office supplies,
storage media, calendars, cups or the like, provided they
remain in the company.
Obligation also on importers
Let us now go one step further back: Not only a producer
in Germany is considered to be a manufacturer/initial
distributor but also those who import packaging subject
to system participation from abroad within the scope of
the Packaging Act. These include foreign importers as well
as German companies. The party responsible for the goods
at the time of the border crossing is always affected. This
is regulated in the sales/delivery contract which should
also legally specify who carries out the system participation
and registration in the packaging register. A mail-order
company abroad is also affected if it delivers to private
end users in Germany. It must then license the shipping
packaging, including the filling material, as well as the
packaging of the products itself, provided that they typically
end up at the private end user as waste. In the case
of packaging that is exported from Germany, the regulations
of the destination country apply.
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Important terminology
System
(or “Dual System”)
A company authorised to operate a system for taking back packaging
subject to system participation. It has to fulfil various requirements,
e.g. proof of comprehensive collection structures, coordination
with the public waste disposal authorities and availability
of the necessary sorting and recycling capacities.
System participation obligation
(licensing requirement)
Manufacturers (within the meaning of the Packaging Act) of packaging
subject to system participation must participate in one or
more systems. They are obligated to conclude a licensing agreement
with the Dual System which then takes back and disposes of
the packaging from the private end user or a comparable place
where packaging arises.
Packaging subject to system
participation
Sales packaging and/or overpack sold commercially by a manufacturer
and which typically ends up at private end users (private
households or equivalent places where packaging arises) as waste.
Equivalent places where
packaging arises
These places where packaging arises are legally equivalent to private
households. A list of these places where packaging arises
can be found on the ZSVR website. They include establishments
in the catering and hotel industry, handcraft and commercial enterprises,
educational institutions, service providers, small businesses,
agriculture, cultural and leisure facilities, administrations
and public authorities, clinics, etc. Pure trading companies that
resell the goods to another trading company (without processing
or altering them) are not included.
End user
He does not resell the goods in this form.
Please note:
PSI may not and cannot provide legal advice. The information on
these pages is for general guidance only and cannot replace advice
given by any lawyer you may engage.