The sale of our products on this platform takes place in the legal sense as an entrepreneur.Registration according to 9 VerpackG: Inn and out GmbH & Co.KG as a manufacturer of packaging that is subject to system participation LUCID registration number DE4670314582980. at Dual system ZentekKN500009584 within the meaning of Section 7 Paragraph 1 VerpackG licensed to fulfill the obligations in accordance with the law..
We mainly use used cardboard from suppliers, friends, customers, neighbors and acquaintances as well as fillers such as used newspaper, cardboard leftovers and if that is not enough then we use purchased organic cardboard made from 100% recycled cardboard, 100% degradable and recyclable Company Davpack.
Information on the packaging law for mail order and online trade
For packaging throughout Europe, the manufacturer of a product also assumes product responsibility for the packaging in terms of avoidance, reuse and recycling. The implementation in Germany takes place via the Packaging Act (VerpackG). In this context, the Central Packaging Register Office (ZSVR) takes on the task of making the product managers registered in the LUCID packaging register public as well as other tasks (e.g. receiving and checking the data reports on the packaging quantities placed on the market) that are responsible for creating transparency and ensure legal clarity. This information sheet describes the topics that must be observed with regard to the fulfillment of the obligations under the Packaging Act in the case of mail order and online trading for packaging that is subject to system participation. The issue paper also provides information on the regulation on the possibility of authorization, which came into force with the amendment to the Packaging Act on July 3, 2021. This regulation makes it easier for foreign obligors to fulfill their obligations..
The specifics of this industry from very small to very large mail order companies, are presented below. Registration in the LUCID packaging register and submission of data reports to the ZSVR are free of charge. Who is obliged? What is a manufacturer? The Packaging Act (VerpackG) uses the ambiguous term manufacturer. What is actually meant, however, is the person who places packaging filled with goods for the first time or places it on the market in Germany filled for the first time (importer) and this packaging typically accumulates as waste with private end consumers. The mail order company fills the shipping packaging with goods for the first time, thereby becoming the manufacturer within the meaning of the Packaging Act. He must fulfill the obligations if he is commercially active (registration, system participation and quantity reporting).ung).
commercial activity – no regulation for small quantities The Packaging Act does not contain any regulation for small quantities for the obligations of registration, system participation and data reporting. As soon as an activity is classified as commercial, the obligations of the Packaging Act must also be observed. The following applies here: Anyone who has reported their self-employment through a business registration must report it
or anyone who, within the meaning of income tax law, earns income from commercial operations, self-employment or agriculture and forestry, is in any case acting commercially within the meaning of the Packaging Act. Anyone who claims losses from their activity for tax purposes or who calculates a profit from agriculture and forestry according to average rates (13 a (6) EStG) is also acting commercially..
Private End User The private end consumer is first and foremost the private household. But the so-called comparable sources also dispose of packaging waste via the (dual) system. These are e.g. B. restaurants, hotels, hospitals, educational institutions and branches of freelancers. Craft businesses and agricultural businesses are also included if their plastic, metal and composite packaging or paper/cardboard/cardboard packaging can be collected in a household-typical rhythm with a maximum 1,100 liter emptying container. The important thing is that it depends on where the packaging ends up as waste and not on who is the next trade level. Even if the packaging is first sent to a wholesaler, for example, this is not decisive. It is important where the packaging is typically disposed of. What obligations arise in general (registration, system participation and quantity reporting) The basic obligation is to involve the packaging in one or more system(s), which in turn collect it nationwide from the private end consumer. The systems are responsible for ensuring that the legally defined recycling quotas and their specified increase are achieved. System participation is an obligation that has existed since 1993. Participation in the system must be in one or more nationally approved systems. These are in competition with each other. The prices are market prices and must be requested there. The ZSVR has published a list of all systems approved in Germany with contact persons on the website athttps://www.packagingregister.org/information-orientation/hilfe-erklaerung/uebersicht-systeme Details on how to complete the registration and data reporting can be found at the end of this information sheet.
Public Register The packaging register LUCID is public. It shows those obligated companies that have registered with their brand names. In doing so, these companies show that they have taken financial product responsibility for the collection and recycling of their packaging. This leads to transparency in product responsibility. What does that mean for the mail-order company? Mail-order sales are not the same as mail-order sales. There are very different constellations. Third-party business or dropshipping, use of fulfilment, combination with imports, etc. The various constellations and their respective consequences are presented below. Common case scenarios for the delivery or sale of packaged goods in online retail::
Basic constellation 1: Mail order company sends goods from a manufacturer from within Germany System participation obligation: The mail order company hands over the filled shipping packaging to third parties for the first time. This also accumulates as waste for a private end user. The mail-order company is therefore obliged to participate in the system for the shipping packaging (including filling material and labels) (manufacturer with regard to the shipping packaging). For the direct product packaging, however, the mail order company is only a dealer (distributor) and is not obliged in this regard. The producer of these goods is responsible for the product packaging (he gives the filled sales packaging to third parties for the first time), he must involve them in a system and fulfill all other obligations for the product packaging according to the Packaging Act, such as registration and data reporting. Obligation to register: The mail-order company is obliged to register because it is obliged to participate in the system for the shipping packaging. In addition, he is obliged to provide reports on the quantities that he puts into circulation per year for this packaging (quantity reports).n).
→ Specification of brand names: The mail order company only has to specify the brand name for its shipping packaging. This is the brand name that appears on the shipping box. If no name is given there, then the name of the mail-order company or the name of the mail-order company must be given. The following are not to be stated: the brand names of the products, the name of the system or the name of the packaging manufacturer.
Basic constellation 2: Mail order company sends goods from a manufacturer from abroad System participation obligation: If the mail order company imports the product, it gives the packaged goods to third parties within the scope of the law (Germany) for the first time. The importer is thus placed on an equal footing with a manufacturer in terms of product responsibility. He must also include the product packaging with all components in a system. The importer is the person who is legally responsible for the goods at the time of crossing the border. This is to be clarified between the contracting parties on a case-by-case basis. It is important that this clarification between the contractual partners is carried out in a legally binding manner before the product is placed on the market in Germany and that the system participation, registration and quantity report(s) are carried out by the importer. An online shop based abroad is also an importer if the goods are delivered directly to private end consumers in Germany. This applies both to the shipping packaging, including filling material, and to the packaging of the products themselves, insofar as these typically end up as waste at private end consumers. The mail order company hands over the filled shipping packaging to third parties for the first time. This also accumulates as waste for a private end user. He is therefore obliged to also participate in the system for the shipping packaging (including filling material and labels) and thus also to report the data in the LUCID packaging register. Consignments of goods from other EU countries are also considered imports. Obligation to register: The mail-order company is obliged to register because it is obliged to participate in the system for the product packaging and the shipping packaging. In addition, he is obliged to provide reports on the quantities that he puts into circulation per year for this packaging (volume reports). Specification of brand names: He must specify both the brand names of the products and the brand name for his shipping packaging.ben.
Basic constellation 3: Use of fulfillment service providers With the amendment to the Packaging Act, which largely came into force on July 3, 2021, the legislator has expressly put the responsibility of distributors, which may also include mail order and online retailers, when using fulfillment service providers 7 Paragraph 7 and 3 Paragraph 14c VerpackG govern shipping packaging: 2 3 Information for mail order and online trade Status: July 2021 6 10 According to this, fulfillment service providers for shipping packaging that is subject to system participation and that they fill with goods are not manufacturers within the meaning of the Packaging Act. Rather, the distributor of the goods, for whom the fulfillment service provider works, is considered the manufacturer with regard to the shipping packaging. The distributor must carry out the registration and system participation of the shipping packaging. The distributor, who is legally obliged to do so, must then request the information required for system participation, such as quantities and material types of the shipping packaging, from his fulfillment service provider. According to the Packaging Act, a fulfillment service provider is anyone who offers at least two of the following services for distributors as part of a business activity according to Section 3 Paragraph 14c VerpackG: warehousing, packaging, addressing and shipping of goods to which they have no property rights. Postal, parcel delivery or other freight service providers are not considered fulfillment service providers. From July 1, 2022, fulfillment service providers may only provide their fulfillment services if the commissioning distributor is registered in the packaging register and has included the packaging (shipping and, if applicable, product packaging) in a system. If there is an import constellation, special features apply. You can find these in the issue paperemenpapier
Basic constellation 4: Export The Packaging Act only applies in Germany. If the mail order company sends goods abroad, the packaging regulations of the destination country must be observed. System participation for this packaging in Germany is not required, since the packaging does not accumulate as waste in Germany with a private end user. Use of used packaging Packaging in which goods are delivered to (mail order) dealers is considered transport packaging if it is typically not intended to be passed on to the end consumer. Transport packaging is used for handling and transporting goods between individual distributors. They typically remain in retail and are (initially) generated as waste. Unlike sales and outer packaging, they are not part of a system up to this point. A mail order company acts economically when reusing this or other used packaging because it saves the cost of purchasing a new cardboard box. This helps to avoid waste and saves money. At the same time, this packaging becomes the sales/shipping packaging due to the new filling at the mail order company. Because with this filling it becomes clear that it will now accumulate as waste at a private end user. It must therefore be included in a system. There is also no double payment. All packaging components are only required once. This also includes the filling material used, labels and adhesive tape, etc. 4 Information for mail order and online trade Status: July 2021 7 10 Only if the mail order company has concrete proof that the packaging it uses is already connected to a system was involved, the obligation to participate in the system for the shipping packaging used by him does not apply. Use of compostable packaging/ packaging with recycling material, etc. The obligation to participate in the system is only linked to whether sales packaging or outer packaging typically accumulates as waste at a private end consumer. This is independent of the material or material properties. There are therefore no special or exceptional regulations with regard to possible biodegradability. This packaging is subject to the system participation obligation if the criteria of the Packaging Act are met. System participation, based on the registration number/purchase of licensed packaging A contract for system participation is only possible if the specific registration number of the respective obligated manufacturer is specified. Likewise, the system operator must immediately confirm to the same obligated party for which quantity per material type a system participation was made. It should also be mentioned that with this type of packaging (in contrast to service packaging) it is not possible to bring the system participation obligation forward. The registration obligation according to 9 VerpackG and the other obligations of the Packaging Act must therefore be fulfilled by the mail order company with regard to the shipping packaging it sells and, if applicable, also for the packaging, insofar as the mail order company is an importer or manufacturer of the goods. That means buying licensed packaging is not enough. It is possible to participate in the system via a broker or pre-distributor who, e.g. B. bundles quantities. However, this can only happen in a specific form, i.e. not in advance in relation to abstract quantities, but only specifically to a specific registration number of a manufacturer. It must also be ensured that the manufacturer receives confirmation from the relevant system operator. Registration and quantity reporting (see below) cannot be carried out by a third party. The mail-order company has to do this itself. Here it should be prevented that a third party carelessly provides false information on behalf of the mail-order company, which could lead to a sales ban or a fine.könnte.