As of July 1, 2022, all companies exporting packaged goods to Germany will have to fulfill their obligations under the German Packaging Act, under penalty of heavy fines and a ban on sales.
This requires all exporting companies to compulsorily register with the LUCID portal (electronic register of manufacturers and goods imported into Germany).
In cases where packaging is destined directly for a private end consumer, joining a dual system (i.e., entering into a contract with specific private companies for the management of waste generated by packaging placed on German territory) is also imperative.
The various obligations lie with those who have legal responsibility for the product at the time of border crossing, thus:
- the responsibility lies with the seller if the delivery is made free at destination (borne by the exporter/seller)
the responsibility is of the buyer if delivery is made free of departure (borne by the importer/buyer) - Until June 30, 2022, the obligations concerned only packaging intended for the end consumer (B2C), but as of July 1, 2022, they are extended to the B2B sector as well (thus also involving commercial and transport packaging).
To identify who has to fulfill packaging obligations, Incoterms, used in sales contracts, can be a valuable aid.
In the case of German online market sales (e-shops), the responsibility for fulfilling the obligations normally falls on the seller.
For clarification it is useful to contact the AHK - German-Italian Chamber of Commerce.
https://www.ahk-italien.it/it/servizi/servizi-ambientali/gestione-imballaggi-in-germania
