Could it be the new German packaging laws?

This is on the Etsy forums about literally the same thing;

" The new Packaging Law that came into effect in 2019 covers sales packaging and your company is responsible for registering if it is the first to introduce the packaging onto the German market, i.e. if it has legal responsibility for the goods at the time of them entering Germany. To be compliant with it, you will need to:

1. register with the new Central Packaging register (please register here: https://lucid.verpackungsregister.org/)

2. participate in a recycling scheme."

The extra details they sent are as follows:

I only sell very small quantities to Germany. Does the packaging law apply to me too?

Yes. The new German Packaging Law has abolished minimum quantities, so sending even just one parcel on a commercial basis obliges you to comply with the law.

I am based in the UK. Does the packaging law apply to me too?

Yes. Anyone who introduces sales packaging to the German market commercially is covered by this law, i.e. anyone who sells a product which is protected by packaging that is thrown away by the end consumer.

I have heard that I am exempted from this obligation if I put into circulation less than 80 tons of glass, less than 50 tons of paper, board or cardboard and less than 30 tons of plastic and therefore I will not have to submit a Declaration of Completeness.

The Declaration of Completeness is an additional document to be filled in and submitted by companies putting more than the stated quantities of packaging into the waste stream. However, every company putting obligated packaging into the waste stream needs to comply with the law. It says manufacturers have to register.

I’m an online seller, not a manufacturer, does this apply to me too?

The law means ‘manufacturers’ in the sense of the Act; i.e. every distributor who commercially circulates packaging in Germany or imports it into the validity of the Act’ so it applies to distributors, wholesalers and online retailers too. In fact, the law specifically mentions online retail and mail order. It stipulates that the shipper is responsible for registering the shipment packaging (box/envelope and filling material) because he repackages the goods to protect them in transit.

What is obligated packaging?

Obligated packaging is sales and service packaging. This is the packaging used to protect a product and which the end consumer throws away, including packaging used to protect items in the post in the case of online retailers. Examples are boxes, wrapping paper, tissue paper, labels, bubble wrap etc. used to send the products by post, as well as any boxes or wrapping surrounding the items, either to protect them (e.g. a mug in a box) or to make them look pretty (e.g. a crocheted baby hat in tissue paper). End consumers can be private households, schools, offices, salons, bakeries, restaurants, cinemas, museums, self-employed businesses etc., anyone with a waste collection schedule similar to a household, i.e. not an industrial outfit.

How do I comply with the packaging law?

You will need to register with the new central packaging database LUCID and join a German dual recycling scheme, which you need to pay a licence fee to.

Where do I register with LUCID?

Please register here: https://lucid.verpackungsregister.org/Hersteller/Registrierung/Teil-1 The LUCID registration asks for a company registration number. I’m a sole trader/partnership and haven’t got one. What should I do? Select “other” for the company registration number and then put “none” in the required fields asking for the name of the registration and issuing authority. LUCID asks for a VAT number.

I’m not registered for VAT.

You don’t need to put in a VAT number but can put your HMRC tax number instead. How can I find a dual recycling scheme? We recommend our member company, Interseroh, whose webshop caters for very small quantities, has a packaging calculator and is very flexible with a one-year contract: https://www.lizenzero.de/en

Alternatively, we work in partnership with these two schemes, DSD and Landbell, and their webshops cater for small quantities too:

DSD Webshop: https://portal.gruenerpunkt.de/onlinedsd/f?p=200:81::::81:IH81_P1:EB6D8AE6F20283755B339C0DC273988B

Landbell Easyshop: https://shop.landbell.de/en/landbell-easy/verpackungsgesetz-kosten-kalkulieren/

Other recycling schemes are: • BellandVision GmbH • NOVENTIZ Dual GmbH • Reclay Systems GmbH • Veolia Umweltservice Dual GmbH • Zentek GmbH & Co. KG

What does the registration cost?

Registration with LUCID is free. The recycling schemes will charge a minimum annual fee.

Are there any other costs?

None, unless you exceed the quantities allowed under the minimum fee. The quantities included in the minimum fee are generous so this is unlikely but should your sales grow, the recycling scheme will issue an invoice for the excess.

Do I have to monitor my packaging quantities throughout the year?

You will have to estimate your packaging quantities per material to receive a quote from the recycling scheme. You will also have to report your actual quantities for the year at the beginning of the next year.

What other ‘paperwork’ is there?

Reporting of packaging quantities is done to LUCID and the recycling scheme at the same time. So you will need to report your estimated quantities for the year to LUCID once you have concluded a contract with a recycling scheme. At the beginning of the next year, you will need to report your actual quantities for the previous year to both the recycling scheme and to LUCID.

Am I responsible for the actual disposal of the rubbish?

No. The fee you pay to the recycling scheme covers your obligation towards the amount of packaging your commercial activities have added to the German waste stream, i.e. your fee goes towards the costs of German authorities collecting and disposing of/recycling the waste.

Do I need to put the Green Dot logo on my packaging?

No. The Green Dot logo is not mandatory in Germany.

What happens if I don’t register?

You could potentially face a distribution ban and a fine of up to EUR 200,000.

Where can I get further help?

For any issues with the LUCID registration, please contact the helpdesk at the Central Register directly. For help with your contract, please contact your recycling scheme.