The Packaging Ordinance first came into effect on August 21, 1998. The most recent amendment to the Packaging Ordinance was in 2014.

Purpose of the Packaging Ordinance

The Packaging Ordinance aims to avoid and recycle packaging waste. Section 1, paragraph 1 of the Packaging Ordinance states the following:

“This ordinance aims to avoid or reduce the environmental impact of waste from packaging. Packaging waste should primarily be avoided; otherwise, the reuse of packaging, material recycling, and other forms of recovery take precedence over the disposal of packaging waste. To achieve these goals, the ordinance should regulate the market behavior of those obligated by the ordinance so that the waste management goals are achieved while protecting market participants from unfair competition…” (Source: Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety)

Types of Packaging According to the Packaging Ordinance

Section 3 of the Packaging Ordinance distinguishes between different types of packaging, as different rules apply to each type.

1. The General Term “Packaging”

According to Section 3, paragraph 1 of the Packaging Ordinance, packaging includes all products made from any materials that serve to contain, protect, handle, deliver, or present goods (from raw materials to processed products) and are passed on to distributors or end consumers. All packaging materials and packaging aids also fall under the general term of packaging. This includes sales, transport, and outer packaging.

2. What are Sales Packaging?

According to Section 3, paragraph 1, number 2 of the Packaging Ordinance, sales packaging is packaging that accumulates with the end consumer and is offered as a packaging unit. This includes, for example, shopping and bread bags, shipping boxes, or filling materials.

3. What are Transport Packaging?

According to Section 3, paragraph 1, number 4 of the Packaging Ordinance, transport packaging is packaging that facilitates the transport of goods, protects goods from damage, or ensures general safety during transport. This includes pallets or shrink films, for example.

4. What are Outer Packaging?

According to Section 3, paragraph 1, number 3 of the Packaging Ordinance, outer packaging is additional packaging used as sales packaging. They do not serve hygiene, durability, or protection against damage or contamination. This includes, among other things, gift wrap or folding boxes for cosmetic products.

Obligations of Traders When Placing Packaging on the Market

If traders want to place packaging on the market, they must observe some obligations imposed on them by the Packaging Ordinance.

For sales packaging, Section 6 of the Packaging Ordinance applies, requiring manufacturers and distributors to ensure the nationwide return of sales packaging.

For outer packaging, distributors are obliged to remove outer packaging according to Section 5 of the Packaging Ordinance or to offer the end consumer the opportunity for free return or removal.

According to Section 4 of the Packaging Ordinance, transport packaging must be taken back and recycled free of charge by the manufacturer or distributor.

The Dual System in Connection with the Packaging Ordinance

In the field of waste management, the term “Dual System” refers to the household collection and disposal of used sales packaging. In Germany, the requirements of the German Circular Economy Act (KrWG) must be observed.

In practice, this means that in the dual system, the majority of consumed sales packaging is collected and recycled. Consumers separate the packaging by waste type (e.g., waste paper, plastic, waste glass).

Whether and to what extent manufacturers or distributors must participate in the dual system is regulated in the Packaging Ordinance. Under certain circumstances, the obligation to participate may be waived if certain conditions are met (e.g., for service packaging such as shopping bags). In this case, delegation to upstream distribution stages is possible.

Participation in the dual system incurs costs, which depend significantly on the type of packaging materials used and the weight of the sales packaging placed on the market. Cost calculators are available on the portals of the individual providers of the dual system (e.g., the “Green Dot”), allowing traders to get an initial overview of costs.

The Packaging Ordinance Does Not Apply to Private Individuals

In principle, only manufacturers and consumers of goods are bound by the return and participation obligations of the Packaging Ordinance. For private individuals (e.g., in sales via eBay), the obligations of the Packaging Ordinance are not binding.

Regardless, it does not matter to online traders what quantities of packaging materials are used.

What Happens in Case of Violations of the Packaging Ordinance?

If there is a violation of the obligations of the Packaging Ordinance, it is considered an administrative offense and is subject to a fine. A competition law warning, which incurs costs, is also possible.

What is the Declaration of Completeness in the Packaging Ordinance?

If certain quantity limits for sales packaging handed over to the end consumer are exceeded, manufacturers and distributors must submit a declaration of completeness without a separate request according to Section 10 of the Packaging Ordinance. Only sales packaging that is placed on the market for the first time is included. The respective quantity limits can be requested from the providers of the dual system.

Does the Packaging Ordinance Play a Role Abroad?

The Packaging Ordinance is a German ordinance based on the German Circular Economy and Waste Act. Therefore, it only applies in Germany. However, if traders engage in cross-border trade, they should familiarize themselves with the respective national regulations on waste recycling.

Are There Any Notice Obligations Regarding the Packaging Ordinance?

Especially online traders wonder whether they should include a notice about participation in a disposal system on their website.

In general, it can be said: There is no obligation to include a notice according to the Packaging Ordinance on the website since January 1, 2009. Of course, online traders are also obliged to participate in a disposal system. Notices could even contribute to them being considered anti-competitive, which is why it is advised against.

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