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 exporter selling goods from abroad to German end consumers:
You sell ex works to an importer or intermediary located in Germany
The contract design determines the responsibilities: If you sell your products ex works, you as the exporter no longer have legal responsibility for the goods at the time they cross the border to Germany, but the importer or the intermediary. You are not responsible for fulfilling the German Packaging Act. Instead, compliance is the responsibility of the intermediary or importer. In order to be able to prove this beyond doubt, a contractual confirmation with the trading partners can be useful.
You ship your products directly to the German end consumer
If you ship the products directly to the German end consumer, you act like an importer. You bear the legal responsibility of the goods when they cross the border and must therefore comply with the obligations of the German Packaging Act.
According to the Packaging Act, you are therefore 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
You sell Delivered to door to an importer or intermediary located in Germany
Since in this case, you are responsible all the way to Germany, you act as the importer. In the case of a Delivered to door contract, you are 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.
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
