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Germany: Extended Producer Responsibility (EPR) for packaging

In Germany, the marketplaces must confirm that they comply with Extended Producer Responsibility (EPR) regulations beginning in 2022, including the German Packaging Act named VerpackG. Therefore, the obligation applies to all sales channels, not just products sold through the Marketplace.

Germany: Extended Producer Responsibility (EPR) for EEE

In Germany, marketplaces must ensure their compliance with Extended Producer Responsibility (EPR) regulations commencing on January 1, 2023, for Electrical and Electronic Equipment (EEE). Consequently, this obligation pertains to all sales channels, not exclusively to products vended through the Marketplace.

Germany: Extended Producer Responsibility (EPR) for Batteries

In Germany, starting from January 1, 2022, those engaged in the marketplace are obligated to ensure conformity with the Extended Producer Responsibility (EPR) regulations stipulated in the Batteriegesetz – BatterieG (Batteries Act).

Who is considered responsible?

All manufacturers and retailers are obligated by the provisions of the new German Packaging Act, and the regulations, therefore, apply to all who deliver packaging to Germany:
  • Online shop operators, including small retailers who use sales and/or transport packaging to ship the goods sold;
  • Marketplace traders;
  • Stationary dealers;
  • Producers;
  • Importers;
  • Intermediaries.

What do you mean by packaging?

For example, all kinds of paper packing:
  • paper
  • paper bags
  • plastics
  • non-returnable containers made of glass
  • beverage cartons
  • aluminum
  • ferrous metals or other packaging based on copper
  • wool
  • ceramics
  • wood and
  • rubber.
Also, the packaging includes all primary, secondary, shipping, and service packaging.

Thresholds

Regarding the prerequisite for system involvement, there is no set minimum.

Producers’ Obligations for Extended Producer Responsibility (EPR) in Germany

  • Registration

Since January 2019, all packaging producers and first distributors have been required to register with the Zentrale Stelle Verpackungsregister (ZSVR), a public database, and the producer has to record with the appropriate body depending on the kind of EPR products to acquire the registration number. There is a special register for packaging in Germany. This is the LUCID Packaging Register.

  • Agreement with a dual system (eco-operator or in other words Producer Responsibility Organization (PRO)

The Producer is obliged to agree with one of the approved firms that will take care of the disposal of the packaging.

  • Reporting

– The producers are required to declare to the appropriate Producer Responsibility Organization (PRO) regarding the sales of products falling under the EPR. Reports must be supplied in kilograms. – Reports are also submitted to LUCID. That is why the system is called dual.

  • Payment of fees

The producers must pay eco-contributions defined by the PRO depending on the EPR product category. The licensing charge can go from €25 per year, and it is established based on packing volume and type of packaging.

Authorized representative

The producer can choose a German-based authorized representative to register the packaging law requirements on behalf of the producer. But this is optional.

Reporting Deadline

The deadlines for submitting reports are set by the eco-operator. Usually, the deadline for the previous year is until the end of March. There is a deadline for submitting reports to LUCID 15.05.23

Fines or punishment

In the case the producer does not fulfill the obligation or submits the incorrect quantities, the charges can be up to €200,000 with the possibility of getting a warning as well from the tax authority.

Who bears the responsibility?

All manufacturers, distribute or sell electrical and electronic equipment, encompassing online marketplaces, are bound by the provisions of the new German EEE Act (ElektroG) and its associated regulations.

What is meant by EEE?

All products intended for operation, such as gadgets (computers, mobile phones, and refrigerators). Products designed with an alternating current of a maximum of 1,000 or a direct current of a maximum of 1,500. Furthermore, if a product necessitates electrical currents or electromagnetic fields for proper operation or is utilized in the generation, transmission, or measurement of electric currents and electromagnetic fields, it falls under the classification of an EEE. Six categories have been specified in § 2 paragraph 1 ElektroG for electrical and electronic equipment falling within ElektroG’s purview, which are further subdivided into 17 types of equipment.

Thresholds

In terms of the prerequisite for system participation, there exists no predetermined minimum. This implies that even if a producer sells only one device in Germany, they must register for the EPR.

Who is considered responsible?

  • Entities that introduce rechargeable batteries into the market.
  • Participants involved in the distribution of rechargeable batteries.
  • Battery importers.

The ambit of batteries encompassed by these regulations comprises:

  • Industrial batteries.
  • Automotive and portable batteries.
  • Accumulator products.

Threshold

In terms of the criteria for participation in the EPR system, there exists no defined minimum threshold. This implies that even if a manufacturer sells just one battery in Germany, they are mandated to register for EPR compliance.

Producers’ Responsibilities under Extended Producer Responsibility (EPR) in Germany can be encapsulated as follows:

1) Registration: Battery producers and distributors have been instructed to employ the EAR portal, a public-sector entity with legal standing, since January 1, 2021, to procure a registration number.
  • Manufacturers must register by specifying the brand and type of battery.
  • The EAR portal facilitates the acquisition of the EPR registration number.
  • Producers must sign a contract with an eco-operator for a take-back system responsible for battery collection.
2) Reporting Yearly reports must be submitted, delineating the quantities of batteries introduced to the German market. 3) Fees Fee structures fluctuate depending on battery manufacturer, brand, and type factors. 4) Certification of Financial Guarantees – which means scrutiny and certification of financial assurances that equipment customers can employ.

Authorized Representative

Producers must nominate an accredited representative situated in Germany to undertake registration on their behalf. 

Reporting Deadline

The cut-off date for submitting annual reports within the battery category is January 15th of the following year.

Penalties

Failure to fulfill these obligations or the provision of erroneous quantity data may result in fines of up to €100,000, in addition to the potential receipt of warnings from tax authorities.
October 3, 2024 761
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