PACKAGING LAW INFORMATION ABOUT DISPOSAL COSTS
As a supplier of your sales and service packaging, we would like to inform you about some essential provisions of the Packaging Act
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INFORMATION FOR FIRST TIME MARKETERS
On January 1, 2019, the new Packaging Act SM Custom Packaging came into force and replaced the Packaging Ordinance that was valid until then.
The main goals of the Packaging Act are to strengthen recycling and competition. The regulations are intended to ensure that all market participants act by the law. This addresses the dual systems and the distributors to ensure that all quantities to be licensed are included in a dual system.
From 2019, for the first time, a public register will show which manufacturers, retailers, and distributors of packaging are fulfilling their product responsibility. The new Central Office for the Packaging Register ZSVR was created for this purpose. In addition to setting up and maintaining the packaging register, the ZSVR will take on other tasks. For example, it is responsible for controlling the systems, the industry solutions, the registration of experts and other auditors, and the standardization of the recyclability.
From January 1, 2019, the obligation to participate in the system for packaging can be made legally binding via an application and a subsequent administrative act by the ZSVR.
Packaging that is subject to system participation is sales packaging filled with goods and outer packaging that typically accumulates as waste after use by private end consumers.
The end consumer is the person who no longer commercially brings the goods in the form supplied. Not only private households are considered to be private end consumers, but also comparable sources within the meaning of the Packaging Act. Therefore, the sales packaging also expressly includes service packaging and shipping packaging.
In contrast, export packaging that demonstrably does not occur in USA, commercial packaging, transport packaging, reusable packaging, one way beverage packaging subject to a deposit, and sales packaging for filling goods containing hazardous substances and packaging for internal consumption are not subject to system participation.
SERVICE PACKAGING
Service packaging is mainly used in retail, food, and catering. Service packaging is only filled at the final distributor to enable or support the handover of goods to the end consumer – it counts as sales packaging. A characteristic of service packaging is usually that the point in time at which the packaging is filled essentially coincides with the point in time when it is placed on the market delivery to the end user.
Service packaging is also present if the filling does not occur immediately at the point of sale or not immediately before delivery to the end consumer.
This also includes packaging for products that are z. B. prepackaged by retailers in their businesses and offered in the convertible counter or the fresh food shelf, to the service packaging.
Service packaging is only exceptionally not used by private end consumers. This means that all service packaging is subject to system participation without exception.
Please also note that there may be both delegable service packaging and non-delegable sales packaging.
Example:
A butcher packs goods in vacuum packaging to offer them in its service or convertible counter. This is service packaging, as the butcher, the final distributor, fills it himself and delivers it to the end consumer.
However, the situation is different when the butcher packs the same goods in vacuum packaging and then passes them on to a retailer for further sale to the consumer. Then it is sales packaging whose obligation to participate cannot be delegated.
DUTIES
First time distributors of their sales and service packaging filled with goods must participate in an officially established system for sales packaging against payment of appropriate fees so called license fees and generally submit a declaration of completeness for the sales packaging they have placed on the market by May 15 of the following year.
Only in the case of service packaging does the first distributor have the option of transferring the obligation to participate in the system and the reporting obligations to one of the pre-distributors or the manufacturer of the service packaging supplied.
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