ZSVR: What obligations apply to manufacturers?
The Central Packaging Register is a foundation under private law established on May 15, 2017 by associations from industry and trade. It is subject to the directives of the Federal Environment Agency and was assigned sovereign tasks under the Packaging Act on January 1, 2019. It is responsible for monitoring compliance with the objectives of the Packaging Act.
Who does the Packaging Act define as a manufacturer and who is the initial distributor?
Manufacturer and initial distributor are synonymous, i.e. manufacturer or initial distributor in the sense of the Packaging Act is your company if you supply packaging to third parties for the first time within the scope of the Packaging Act.
This is the case if you or your company:
- produce or fill articles in Germany in order to sell them in Germany.
- produce articles in Germany or have them filled in the company name in order to sell them in Germany.
- act as an importer.
- is a company abroad and sells your products directly to German consumers.
- acts as a mail order company.
- is a manufacturer of service packaging or
hands out service packaging to customers and the licensing obligation is not fulfilled by the producer.
What is the definition of a distributor under the Packaging Act?
The VerpackG defines every company as a distributor which sells or gives away packaging to third parties within the scope of the law so that the third party can consume, distribute or use it.
You and your company can be distributors both as manufacturers or initial distributors and as intermediaries and final distributors.
Who is a distributor or final distributor within the meaning of the Packaging Act?
A distributor is defined as any company that puts packaging into circulation on a commercial basis, regardless of trade levels or distribution method.
Your company is defined as the final distributor if it distributes packaging to the final consumer. In other words, if your company distributes packaging to private households or equivalent sources of waste.
WHAT INFORMATION MUST BE PROVIDED AT WHAT TIME?
Before you and your company place packaging subject to system participation on the market for the first time, you must register in LUCID with:
- the name of your company including its master data
- the specification of at least one natural person authorized to represent the company
- your national identification number and
- your national or European tax number as manufacturer
- a listing of the brand name(s)
- a statement that take-back obligations
- are fulfilled by industry solutions and dual systems
- a statement of truth for the information provided.
Furthermore, it is necessary that you immediately report any changes in the above-mentioned facts and the permanent discontinuation of your business activity.
WHAT INFORMATION IS REQUIRED FOR DATA REPORTING?
Once you have participated in one or more dual systems, you are expected to immediately report the information you have provided to the Central Packaging Register.
- the name of the dual system
- the registration number, which you hold with the named dual system
- registered material type incl. quantity
- period for which the participation was made
If there is a change in the registered packaging types during the reporting period, this must be recorded via a data report. This applies to both a reduction and an increase in packaging quantities, e.g. due to lower material consumption, material exchange or return of goods and packaging due to damage.
WHAT INFORMATION MUST BE PROVIDED IN THE DECLARATION OF COMPLETENESS?
Depending on threshold values, every company is obliged to submit a declaration of completeness by May 15 of each year. This declaration of completeness requires the exact quantity data for all packaging subject to system participation that is placed on the market for the first time.
The declaration of completeness should be provided with a qualified electronic signature and submitted to the Central Packaging Register Office together with the corresponding test reports.
- Cardboard, paperboard and paper: 50,000 kg
- Glass: 80,000 kg
- Beverage packaging/ferrous metals/aluminum/other composite packaging (excluding beverage carton packaging): 30,000 kg
In detail, the type of material and mass for the previous calendar year must be stated in the declaration of completeness according to the following subdivision:
- Packaging placed on the market for the first time that is subject to system participation requirements
- Sales and outer packaging filled with goods and placed on the market for the first time (packaging not necessarily generated as waste by end consumers)
packaging subject to mandatory
- participation in one or more dual systems
- all packaging taken back via one or more industry solutions
- all packaging taken back due to damage or unsaleability (if necessary, the relevant documents are requested)
- sales packaging and outer packaging taken back for recovery, which does not typically accumulate as waste at the end consumer's premises.
Notwithstanding the above limits, both the competent state authority and the ZSVR may request a declaration of completeness from you at any time.
How do I fulfill the system participation obligation as a manufacturer?
You fulfill your system participation obligation as a manufacturer by registering with the ZSVR and then licensing your system-participating packaging with a dual system such as Zentek. Digital packaging licensing via zmart is particularly suitable for small quantities.
What is packaging subject to system participation?
Packaging that is subject to system participation is packaging that is filled with goods and is disposed of as waste by private end consumers or similar sources. This typically applies to outer packaging, sales packaging, shipping packaging and service packaging.
Who must dispose of transport packaging?
Transport packaging must be taken back by the manufacturer and, if possible, reused or recycled.
Which packaging is excluded from the system participation obligation?
The following are exempt from the system participation obligation:
- Packaging that remains within the B2B area.
- Packaging that has been taken back by the manufacturer due to damage or unsaleability, but which would originally have been given to private end consumers or equivalent sources.
Conclusion: 4 obligations towards the Central Packaging Register Office
As a manufacturer, you are subject to four obligations towards the Central Packaging Register.
OBLIGATION 1 - REGISTRATION OBLIGATION IN THE LUCID ONLINE PORTAL
All companies that put packaging filled with goods into circulation for the first time within the scope of the Packaging Act must register with the ZVSR in the online portal before putting the goods into circulation.
OBLIGATION 2 - SYSTEM PARTICIPATION OBLIGATION
Packaging that is generally disposed of as waste by private end consumers or by equally important sources is subject to mandatory system participation.
As a company, you fulfill this obligation by participating the packaging materials in one or more dual systems.
OBLIGATION 3 - OBLIGATION TO REPORT DATA
Directly following the system participation, the Central Packaging Register Office must be notified via the online portal LUCID:
- via which dual system
- with which registration number
- what quantities of each type of material
- for which period of time were involved.
The information must be congruent.
Changes are possible under the principle of congruence and compliance with the order (first to the dual system then to the Central Packaging Register). They can result from both under- and over-consumption of materials.
OBLIGATION 4 - OBLIGATION TO SUBMIT THE DECLARATION OF COMPLETENESS
When certain quantity limits are reached, a declaration of completeness must be submitted by May 15 of each year. It refers to the packaging subject to system participation that was placed on the market for the first time.
The limits apply as follows:
- Cardboard, paperboard and paper: 50,000 kg
- Glass: 80,000 kg
- Beverage packaging/ferrous metals/aluminum/other composite packaging (with the exception of beverage carton packaging): 30,000 kg
Regardless of these limits, competent state authorities or the Central Packaging Register Office may request a declaration of completeness.