According to the German Packaging Act, all sales and outer packaging that is delivered to private end users in Germany and is generated as waste by them is considered packaging that requires a licence and must therefore be participated in a dual system. But who is responsible for which packaging?
Use the following practical cases to find out what the German Packaging Act means for you as an importer:
If you are located in Germany and you buy goods Ex works from a foreign business partner, you bear the legal responsibility for the goods you buy when they cross the border
Since an importer actively brings goods into Germany, in the case of an ex works contract he is the one who has the legal responsibility for them when they cross the border and who is therefore subject to the obligations under the Packaging Act.
According to the Packaging Act, you are responsible for the system participation of the following packaging:
- all packaging and packaging components that are imported with the goods into the German territory
- all other packaging that you fill yourself or add to the goods
Note: In the case of import, the contract design determines the responsibilities. The regulations should be clearly stated in the contract.
You also sell your products online
You will find detailed answers on online trading in the context of the German Packaging Act on the following page:
The Packaging Act for Onlineshops
If you are located in Germany and buy goods Delivered at place from a foreign business partner, you are not legally responsible for the goods when crossing the border.
Since in this case the foreign business partner acts as the importer, in the case of a delivered-at-place contract he is the one who has legal responsibility for the goods when they cross the border and who is therefore subject to the obligations under the Packaging Act.
Note: In the case of imports, the contract design determines the responsibilities. The regulations should always be clearly stated in the contract.