The Packaging Act Amendment for Online Trade: what’s new from July 2022?
The Packaging Act already introduced the Central Packaging Register (ZSVR) with the LUCID reporting register as a control authority when it first came into force. But the amendment will go one better in terms of control from July 2022: from this date, both both operators of online marketplaces (such as Kaufland.de) and fulfilment service providers are required to verify that their sellers who ship to Germany comply with the Packaging Act. .
If the marketplace or service providercannot be provided with evidence of this, the consequence is an immediate, at least temporary, halt in sales to Germany. In the context of fulfilment, no services such as warehousing, packaging or shipping may be provided to such sellers.
In fulfilment, there is also another aspect: Here, from July 2022, the commissioning seller is always responsible for licensing the shipping packaging, even if it is the service provider who fills and ships the shipping packaging.
So what’s new in online retail is:
- 1) Control obligation for marketplaces and fulfilment service providers
- 2) Licensing obligation for shipping packaging always lies with the commissioning seller in the context of fulfilment