German EPR Law
Starting July 1, 2022, all Joom sellers who ship orders to Germany must be compliant with the EPR Law.
What is EPR?
Extended Producer Responsibility Law (EPR) is a policy approach under which producers are given a significant responsibility (financial and/or physical) for the treatment or disposal of post-consumer products. EPR is also known as Packaging Act or VerpackG.
The main aim of this law is to increase the take-back and recovery rate for packaging waste in Germany. The focus of EPR is primarily on "packaging filled with goods", which usually accumulates as waste in private households (B2C-Packaging).
As a marketplace operator, Joom is legally required to verify the compliance and impose restrictions on non-compliant sellers.
What is new for you?
1. Obligation to register with the ZSVR for manufacturers of "packaging filled with goods"
Manufacturers of "packaging filled with goods" must register with the German registration authority, which is called ZSVR. The Registration with the ZSVR is a one-time process. Once the registration has been completed, the manufacturer receives a registration notice from the ZSVR and an individual registration number.
As per the applicable law, the manufacturer is:
- A person, who places "packaging filled with goods" on the market for the first time in Germany, i.e., a person who supplies "packaging filled with goods" to a third party for the first time in Germany.
- A person who imports "packaging filled with goods" into Germany (importer).
Thus, a manufacturer in the sense of VerpackG cannot be equated with a packaging manufacturer.
2. System participation obligation for manufacturers
In addition to the registration obligation, there are system participation obligations.
The manufacturer of packaging subject to system participation is obliged to participate in a so-called “dual system”. The term “manufacturer” here means the same as above for the ZSVR registration.
With the system participation obligation, manufacturers are legally obliged to conclude a contract with a "dual system" ("system participation contract"). Under the terms of the "system participation contract", the responsible manufacturers are obliged to pay fees to the “dual system”.
- The producers basically pay the "dual system" for taking back and disposing of packaging waste from private households throughout Germany.
- The amount of the fees depends on the packaging materials as well as the amount of packaging placed on the market in Germany by the respective manufacturer.
Please refer to these articles to learn more:
What do you need to do?
If you are considered as a manufacturer, you must follow these steps:
Step 1. Registration in ZSVR
- Register as a manufacturer and receive your LUCID number.
- Upload your LUCID number to the Joom merchant’s portal.
Please refer to this page and the video below to learn more on the registration process:
Registration in ZSVR must be done by you personally.
Step 2. Conclusion of an agreement for participation in the system
- Enter into an agreement with one or more systems (PROs – producer responsibility organizations) and provide them with your LUCID number.
- Upload your system membership certificate to the Joom Merchant’s portal. Please refer to this article to learn more.
It is also possible to interact with a service provider as a so-called authorized representative. An authorized representative may fulfill certain obligations of the packaging law in Germany. He also acts as a contact person for the market surveillance authorities.
Step 3. Reporting
- Declare the packaging volume associated with sales to German users.
- Pay the relevant fee for the volume of packaging. Here you can find the example of calculation.
To learn more on how to follow the compliance procedures, please refer to this Checklist.
What happens if you cannot prove that you comply with the German EPR?
Joom is legally obliged to check that you're complying with your EPR obligations in Germany. If you do not, Joom will impose a ban on sales to Germany.
If you wish to continue to sell your products in Germany, you must perform the obligations listed above by October 1, 2022, to ensure that you comply with the German EPR law.
Where can I find more information about the changes?
Please refer to the official website of ZSVR to learn more.
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