The amendment to the Packaging Act as of 1 July 2022 imposes greater obligations on online retailers. They already need to comply with packaging law obligations when they place shipping, sales or outer packaging on the market with their goods. Specifically, retailers must register with the LUCID Packaging Register and pay for the disposal and recycling of their packaging. Any violations will trigger an automatic ban on distribution. Furthermore, an extended registration requirement now applies. By 1 July 2022, all retailers who commercially place packaged goods on the market in Germany are required to register in the LUCID Packaging Register – regardless of the specific types of packaging. This results in a direct need for action on the part of retailers.
That is not the only change, however: If they sell their packaged goods on electronic marketplaces, retailers will need to prepare for increased controls in the future. The marketplaces have their own direct inspection obligations and must check whether their online retailers are complying with packaging law obligations. From July 2022, fulfilment service providers are also required to ensure that their principals behave in a legally compliant manner. In future, they will no longer be allowed to offer their services to customers who violate the Packaging Act.
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