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What impact will the new packaging law have on wine merchants in Germany from 1 January 2019?
The Packaging Act (VerpackG) came into force in Germany on 1 January 2019 and replaces the Packaging Ordinance, which was valid until 31 December 2018. The aim of the law is, firstly, to recycle certain packaging materials more than before and, secondly, to reduce the volume of waste in general. To this end, the regulations on waste separation, disposal, reuse and recycling are being tightened.
Licensing requirement for packaging
The new regulations affect all mail order companies and therefore all wine merchants in Germany who ship wine to their customers. The law obliges all senders of goods to licence all packaging that they place on the market commercially for the first time. According to § 3 VerpackG, packaging is "products made of any material for the containment, protection, handling, delivery or presentation of goods, which may range from raw materials to processed products, passed on by the manufacturer to the distributor or end consumer". In the wine trade, this applies to shipping cartons as well as adhesive tape, filling material, bubble wrap, bottle sleeves and all other packaging materials.
The law applies to both shipping and product packaging. In the case of wine, it is usually the producer (i.e. the winemaker) who must licence the product packaging (bottles, closures, etc.), as he is the one who places it on the market commercially for the first time. He must also licence all packaging materials used for shipping from the winery to the wine merchant. The wine merchant must then licence the packaging materials used for shipping to the customer. Winegrowers who ship wines to their customers themselves must fully licence both the product packaging and the necessary shipping packaging.
Obligation to participate in a dual system
§ Section 7 (1) VerpackG obliges all retailers who place sales or secondary packaging filled with goods (in this case: wine) on the market for the first time on a commercial basis to participate in at least one waste separation system with this packaging. Anyone who does not participate in such a dual system may not use any shipping packaging commercially.
Obligation to register in the packaging register
In accordance with Section 9 VerpackG, every mail order company (distributor) must register with the Stiftung Zentrale Stelle Verpackungsregister (ZSVR) - www.verpackungsregister.org. Without this registration, it will be prohibited from 1 January 2019 to commercially place on the market sales or repackaging filled with goods that accumulate with private end customers. Anyone who does this without prior registration risks a fine of up to 200,000 euros. Registration is a prerequisite for participation in a dual system and therefore had to take place before the law came into force. The register is public so that every market participant (competitors, suppliers, customers and the competent authorities) can check whether a wine merchant is properly registered or not.
Obligation to indicate disposable and reusable packaging
In addition, mail order companies must inform their customers whether or not the packaging can be reused after being returned. For example, wine retailers must provide the relevant information - "disposable packaging" or "reusable packaging" - in the online shop.
Packaging licensing with the Landbell Group's "EASyShop"
With "EASyShop", the environmental services provider Landbell Group, which is authorised as a dual system, offers a convenient and cost-effective complete solution for packaging licensing. Distributors of packaging, e.g. wine merchants and wineries, can obtain information in the "EASyShop" and licence their packaging after registration - Business Premium members of wein.plus receive favourable conditions. Details can be found in the wein.plus world of benefits for members: Packaging licensing with Landbell