Search
Contact
16.11.2018 | KPMG Law Insights

The new packaging law will soon apply

The new packaging law will soon apply

On January 1, 2019, the Packaging Ordinance will be replaced by the Packaging Act.

This results in significant changes in the area of registration and notification requirements. For example, the Packaging Act includes the obligation to register with the “Stiftung Zentrale Stelle Verpackungsregister”. This must be done by the end of the year, otherwise the companies concerned will no longer be allowed to place packaged goods on the market from January 1, 2019.

The Packaging Act affects all manufacturers and distributors who place sales packaging and outer packaging filled with goods, which typically accumulates as waste after use by private end consumers, on the market for the first time on a commercial basis or import it into Germany on a commercial basis. Such manufacturers or distributors must participate in one or more disposal systems with the aforementioned packaging (so-called system participation obligation).

In addition, the companies concerned must immediately report the type of material and the mass of packaging that they place on the market and that is subject to the system participation obligation.

Furthermore, the companies concerned must submit an annual declaration of completeness on the packaging placed on the market in the previous calendar year. Such letters of representation must be reviewed and certified by an auditor licensed to do so. Such an inspector may be a registered expert, an inspector appointed in accordance with. § 27 para. 2 Packaging Act to be a registered auditor, tax advisor or certified public accountant.

A manufacturer who has not registered his packaging may not place it on the market until the registration has been made up. If the manufacturers of packaging are not registered or not properly registered, their distributors are also not allowed to offer the goods in question for sale.

With little time left before the January 1, 2019 deadline, action is now required for all non-registered companies that commercially place disposable packaging on the market or import it into Germany.

Our specialists at KPMG Law Rechtsanwalts- und KPMG Wirtschaftsprüfungs-gesellschaft will support you not only in reviewing and confirming your annual declaration of completeness, but also in all legal issues relating to the Packaging Act.

Constantine from Busekist

Thomas Uhlig

Explore #more

10.10.2025 | In the media

KPMG Law guest article in NZG: Compliance due diligence in SMEs: Minimum scope and contractual mapping of compliance risks of the target company

In the context of M&A transactions, compliance usually still plays a subordinate role in legal due diligence. The purpose of this article is, on…

10.10.2025 | In the media

KPMG Law honored at the M&A Award Night 2025

KPMG Law has been awarded the “M&A Transaction Advisory” prize at this year’s M&A Award Night of the Bundesverband Mergers & Acquisitions e.V. (BM&A) and…

10.10.2025 | In the media

KPMG Law guest article in CCZ: The guide for compliance management systems in small and medium-sized enterprises (DIN SPEC 91524)

Compliance in SMEs is challenging: the legal responsibility for compliance is undisputed, but the specific tasks are unclear and depend on the specific situation of…

10.10.2025 | KPMG Law Insights

Transformation in legal departments in 2026 – the most important trends and best practices

Three topics in particular are currently driving the transformation of the legal department: AI, the rapid increase in regulation and geopolitical developments. There has always…

08.10.2025 | Deal Notifications

KPMG advised Adiuva Capital GmbH with Fact Books on the sale of KONZMANN Group

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Adiuva Capital GmbH, a Hamburg-based private equity firm (“Adiuva“), in connection with the…

06.10.2025 | KPMG Law Insights

What the Green Claims Directive means for companies – an overview

With the Green Claims Directive, the EU will introduce extensive regulations on the requirements for permissible environmental claims. The aim is to prevent greenwashing so…

03.10.2025 | Deal Notifications

KPMG Law and KPMG support the restructuring of Groupe CAT in Germany

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Groupe CAT on comprehensive restructuring measures with a cross-service team. Over a period of…

02.10.2025 | Deal Notifications

KPMG Law advises Epitype GmbH and MDG Molecular Diagnostics Group GmbH on the acquisition of significant assets of oncgnostics GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided comprehensive legal advice to Epitype GmbH, a company of the Dresden-based MDG Group, on the formation and subsequent…

02.10.2025 | In the media

KPMG Law Statement in ZEIT for entrepreneurs: We’ll take the 500 billion!

German construction companies are asking themselves: how quickly will the money come from the government? And they are worried that only the giants will benefit.…

01.10.2025 | KPMG Law Insights

Federal Network Agency reforms special network charges for industry and commerce

The Federal Network Agency is planning a fundamental reform of the special network charges for energy-intensive companies. Any change to the current privilege regime entails…

Contact

Dr. Konstantin von Busekist

Managing Partner
Head of Global Compliance Practice
KPMG Law EMA Leader

Tersteegenstraße 19-23
40474 Düsseldorf

Tel.: +49 211 4155597123
kvonbusekist@kpmg-law.com

Dr. Thomas Uhlig

Partner
Head of General Business and Commercial Law

Galeriestraße 2
01067 Dresden

Tel.: +49 351 21294460
tuhlig@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll