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

24.03.2025 | KPMG Law Insights

Product piracy in online retail: these are the latest tricks

Product piracy is also flourishing with the growth in online trade. A major problem for brand owners, but also a challenge for online marketplaces and…

24.03.2025 | Deal Notifications

KPMG Law advises Munich Airport on the sale of aerogate München Gesellschaft für Luftverkehrsabfertigungen mbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to Flughafen München GmbH (FMG) on the sale of its subsidiary aerogate München Gesellschaft für Luftverkehrsabfertigungen…

21.03.2025 | KPMG Law Insights

Special infrastructure assets: how the administration manages to implement projects quickly

The special infrastructure fund creates the opportunity to catch up on years of investment backlog. There is a need for urgency. Defence capability, economic growth…

20.03.2025 | KPMG Law Insights

AI Act: This applies to AI in universities and research

Artificial intelligence (AI) offers numerous opportunities for research, teaching and administration, but also raises complex legal issues. The European Union’s AI Regulation(AI Act)…

19.03.2025 | In the media

BUJ/KPMG Law Summit Transformation

The Bundesverband der Unternehmensjuristinnen und Unternehmensjuristen e.V. (BUJ) and KPMG Law cordially invite you to the BUJ Summit Transformation on May 28, 2025 in Frankfurt…

18.03.2025 | In the media

KPMG Law Statement in the German transport magazine DVZ: Planning at a crawl; DIHK sees great potential for faster traffic route construction

The Chamber of Commerce in Arnsberg regularly awards prizes to the worst state roads in the Hellweg-Sauerland region of Westphalia. A funny idea, if it…

13.03.2025 | KPMG Law Insights

ECJ tightens antitrust liability for information exchange

The ECJ (C-298/22) has recently set strict standards for the permissible exchange of information between companies. As a result, companies are now even more faced…

11.03.2025 | In the media

KPMG Law Interview with HAUFE: LkSG after the elections – everything new?

Many companies have made considerable efforts to implement the Supply Chain Due Diligence Act. The political discussion about its abolition is now causing uncertainty. KPMG…

07.03.2025 | In the media

Guest article in unternehmensjurist: Implementing the requirements of the BFSG correctly

The Barrier-Free Accessibility Reinforcement Act requires companies to offer certain products and services without barriers. The obligations vary depending on the role in business transactions.…

05.03.2025 | In the media

KPMG Law Statement in TextilWirtschaft: What the changes from Brussels mean for the fashion industry

It’s now official: the EU Commission will massively simplify the planned sustainability reporting. The Supply Chain Law Initiative examines the announced changes to the CSDDD…

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
Co-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