The new Packaging Act – interview with our new partner NOVENTIZ
The new Packaging Act comes into force next year, replacing the packaging regulations that apply until then. The managing director of our collaborator – Noventiz GmbH – took the time to answer 5 questions we put to him about the legislative changes and what they will mean for companies.
Dirk Boxhammer has been the managing director of Noventiz GmbH, as well as its subsidiaries Noventiz Dual GmbH, Noventiz Select GmbH and Noventiz Digital GmbH, since 2012. Before that, he was a senior manager at various companies, including DSD Duales System Deutschland AG and SITA Deutschland AG. As a business economist, he played a formative role in setting up the Dual System in Germany.
What is going to change compared with the current packaging regulations (VerpackV)?
The fundamental duties arising from the packaging regulations continue to apply. These require manufacturers and distributors of sales packaging to participate in a dual system in accordance with their volume of packaging. However, a key change from the packaging regulations is the creation of a register called “Stiftung Zentrale Stelle Verpackungsregister” which is currently being set up and will be fully operational by 1st January 2019. This new central authority is to operate a public register and a database, thereby providing greater transparency. Anyone will be able to check whether all manufacturers and retailers are indeed meeting their obligations in line with the law.
On top of this, the existing packaging regulations have been extended to take environmental issues into account. In future, dual systems will take ecological criteria into consideration as well in determining what fees will be charged, thereby providing an incentive to make packaging easier to recycle.
What responsibilities will Zentrale Stelle Verpackungsregister have in the future?
The duties of this central authority will be extremely comprehensive. In future, for example, all manufacturers who put packaging into circulation will have to register with Zentrale Stelle Verpackungsregister – no matter whether they are major producers or small-scale retailers on Internet portals. The procedure will resemble that for electrical and electronic equipment, for which a registration with stiftung ear is required. In addition to setting up and running the new register, the central authority will also perform a number of different monitoring tasks. For example, the data reported by registered manufacturers will be compared with those of the dual systems, market shares of the dual systems will be calculated and published, and minimum standards will be laid down in association with the Federal Environmental Agency for determining the recyclability of packaging.
How do I know whether my company is obliged to register?
The principle that companies are responsible for their products means that manufacturers must pay for the proper disposal of their sales packaging. This takes the form of licensing or participation fees, which must be paid to a dual system such as Noventiz Dual. These fees cover the cost of returning and recycling the packaging via the dual Systems.
The key question is whether the sales packaging you put into circulation – e.g. cardboard boxes, wrapping or tin cans – could potentially reach a private household and be disposed of there. If you have any doubts, our experts can examine specific cases and decide whether you are obliged to participate in the System.
What must companies watch out for?
A very important point for manufacturers is that the new law requires them to register with Zentrale Stelle Verpackungsregister. They will be able to do this through an online platform which is currently under development. As of the 3rd quarter of 2018, manufacturers should be able to register there and will receive a registration number as proof of this. All registrations will then be publicly accessible at the website www.verpackungsregister.org, to ensure complete transparency for all market operators. Because in the absence of the proper registration, packaging requiring participation in the system must not be put into circulation. Companies therefore run the risk of receiving a written warning and having the sale of their products prohibited.
In addition to registering, manufacturers must in addition report the details they used to send to a dual system to the central authority. The central authority will check the plausibility of the quantities that are reported and can thereby expose potential violations. Another change concerns those companies that are obliged to submit a declaration of completeness. As of 1st January 2019, such declarations must no longer be deposited with the local Chambers of Commerce and Industry, as before, but with the central authority. This is also true of declarations of completeness relating to the 2018 calendar year.
How does Noventiz GmbH assist companies that are affected?
All packaging requiring participation in the system can be licensed or participate through our own dual system – Noventiz Dual GmbH – at low cost and with full legal compliance. In just 3 steps, companies concerned can obtain their volume certificate from our online portal and thereby prove that they are meeting their obligations in full. The registration which will be necessary in the future and the reporting of volumes to the central authority must be carried out by the companies themselves and cannot be done by a third party such as NOVENTIZ. Naturally, we are on hand to assist our customers with all the formalities involved and to provide advice on any questions they may have.
The service for packaging which we offer in collaboration with NOVENTIZ can be booked whenever you like.