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Packaging information for Italian companies exporting to Germany in 2022

INFORMATION FOR ITALIAN COMPANIES EXPORTING TO GERMANY ON EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING
2022 update

Obligations and responsibilities pursuant to Directive 94/62/EC on packaging and packaging waste and subsequent updates

EU Directive 94/62/EC on packaging and packaging waste, as amended, was adopted in order to harmonise national measures regarding the management of packaging and packaging waste, not only to prevent and reduce their impact on the environment, but also to ensure that the internal market continues to operate, to prevent trade barriers, and to avoid distortions and restrictions to competition in the EU.

For this purpose, the directive requires all EU Member States to take measures in order to:

  1. stop packaging waste from being produced;
  2. reuse packaging;
  3. recycle packaging waste by weight: 65% by 2025, 70% by 2030;
  4. recycle the materials contained in packaging waste by weight

5. limiting the total concentration levels of heavy metals (Lead, Chromium VI, Cadmium and Mercury) in packaging or packaging components to 100 ppm.

Specifically, these measures involve:

  1. allowing only packaging that meets the essential requirements with regard to composition and the reusability and recoverability (especially recyclability) of packaging to be placed on the market;
  2. devising national programmes, projects aimed at making it the producer’s responsibility to minimise the environmental impact of packaging;
  3. ensuring:
    > the introduction of return and/or collection systems for used packaging and/or packaging waste generated by consumers, other end-users or the waste stream so that it can be sorted and sent to the most appropriate waste management facilities;
    > the introduction of reuse or recovery systems, including the recycling of collected packaging and/or packaging waste;
    > the introduction of extended producer responsibility schemes for all types of packaging by 2025;

Germany

In Germany, pursuant to the Law of 21 August 1998, last updated on 20 January 2021, manufacturers and distributors of goods packed in primary packaging , are required to:

  • starting on 1 January 2009, participate in the Dual Systems for packaging collection and recovery (i.e. alternatives to unsorted waste collection) recognised by the German government in accordance with Directive 94/62/EC, now EPR Organisations; more info available at -> verpackungsregister
  • starting on 1 January 2019, register with the Lucid portal of the Zentrale Stelle Verpackungsregister, i.e. central packaging register, and provide either a statement indicating that they are participating in the Dual System at the time of registration or state that they only place on the market packaging that already participates in the Dual System;
    more info available at
    -> verpackungsregister
  • starting on 1 January 2022, all manufacturers and subsequent distributors of goods packed in primary and secondary packaging that are not collected from end consumers (B2B sector) once they have become waste to be disposed of – be it in transport packaging, reusable packaging or packaging of harmful products – are required to supply proof of waste collection and recovery;
  • starting on 3 July 2021, manufacturers without a registered office in Germany are given the option of delegating third parties. In this case, foreign manufacturers may appoint an authorised representative in Germany to fulfil their declaration obligations in the Lucid Portal, except for initial registration, for which the manufacturer will remain responsible.
    More info available at
    -> verpackungsregister
  • starting on 1 July 2022, all packaging (as well as sales and secondary packaging) must be registered in the Lucid Portal of the Zentrale Stelle Verpackungsregister, i.e. central packaging register as:
    ✓ Service packaging
    ✓ Transport packaging
    ✓ Industrial packaging (B2B sector)
    ✓ Sales packaging incompatible with the system
    ✓ Sales packaging of products containing pollutants
    ✓ Reusable packaging
    ✓ Disposable beverage packaging with obligation to pay a deposit (Pfand)
    more info available at -> verpackungsregister
The parties involved (Manufacturers, Importers and Distributors)  are the ones who first place the packaged goods (full packaging) on the German market. This means that German customers (importers) or the Italian company exporting to Germany must comply with German law, based on an agreement between the two parties that is negotiated as part of the commercial contract for the supply/purchase of the goods. Any agreements with customers (German importers) regarding packaging recovery must always be made in writing. If the parties fail to reach an agreement, the party who legally brings the goods into German is the one required to comply with the new packaging waste management requirements in Germany. More info available at -> verpackungsregister
Moreover, with regard to  online sales, from 1 July 2022 operators (distributors/transporters) will be asked to provide the EPR code issued by the Zentral Stelle during registration. In this regard, they must ensure that the packaged goods sold via their platform meet the requirements set forth by VerpackG:
It is no longer compulsory to affix the ‘Green Dot’ mark to products as it no longer serves the purpose of indicating that the packaging will be disposed of through the separate waste collection system of Duales System Deutschland GmbH. However, the voluntary use of this mark is only permitted with a user licence issued for Germany by Der Grüne Punkt – Duales System Deutschland GmbH. Consequently, any such request must be justified and the cost must be borne by the applicant. For more details on the ‘Green Dot’ mark, please refer to the specific CONAI information note, which you can  download here

For further information:

Italy

In Italy, however, pursuant first to Legislative Decree 22/97 and then to Legislative Decree 152/06, as amended, it is the  Producers of packaging (suppliers of packaging materials, manufacturers, processors and importers of empty packaging and packaging materials) and the Users of packaging  (traders, distributors, fillers, users of packaging and importers of full packaging – namely, packaged goods – including self-manufacturers who produce/repair packaging for the goods they produce), based in Italy, who are made accountable for ensuring that packaging placed on the Italian market is managed in an environmentally friendly way and, to this end, are members of the Consorzio Nazionale Imballaggi, i.e. National Packaging Consortium (CONAI). Packaging manufacturers also adhere to one or more of the ‘Consorzi di Filiera’ (i.e. supply chain corsortia) referred to in Article 223 of said Legislative Decree. 152/06 or, alternatively, set up their own autonomous system (link) or return system (link).
Packaging that is exported (with waste being handled abroad) does not fall under CONAI’s remit is thus exempted from the Environmental Contribution, , with different arrangements for Producers and Users. For more details, please refer to the Guide to membership and to the application of the Environmental Contribution (link).

For further information, please write to international@conai.org
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