Justyna Maxelon, Düsseldorf Office, Bord Bia – Irish Food Board
Are you exporting to Germany?
From the 1st of January 2019, a new packaging law will be in effect in Germany.No need to panic though, here are some key facts about the changes and where to find further information.
There are no changes regarding the already existing duty of disposal (system participation agreement). This means, manufacturers or “first-time distributors” of goods already had to license their b2c packaging material on a dual system (key providers in graph below).
Changes in the law
In order to monitor compliance with the law, brand and manufacturer must be registered at the central office. The registration is free and available in English through the LUCID portal: https://lucid.verpackungsregister.org/ This official website offers further information in English, including “how-to” guides. If in doubt, watch this step-by-step video “how-to-register”.
Products of improperly registered companies or brands may no longer be sold in Germany and violations of the law can be punished with fines up to € 200,000. However, if the manufacturer has its headquarters abroad, then the domestic importer can also be considered as the first-time distributor in Germany and thus as the manufacturer. In principle, in the case of importation, the person who has the legal responsibility for the goods when they are crossing the border has the obligation to participate in the system. Best to fact-check this with your importer directly.
In addition, it should be noted that in case of non-compliance with obligations, the final distributor is subject to a distribution ban.
If you have any further questions, please address them directly to the Central Office via email to anfrage@verpackungsregister.org