Packaging Law

Packaging law is a dynamic area of law that has undergone frequent changes in recent years. Regulation in this area has increased significantly, partly due to the influence of European law and the desire to establish a resource-conserving circular economy. The current Packaging Act, which has been in force since 1 January 2019, has replaced the previous Packaging Ordinance. It serves to implement the European Packaging Directive 94/62/EC in Germany and regulates the placing of packaging on the market as well as the return and recycling of packaging waste. It applies to all packaging and represents a special legal concretisation of the product responsibility enshrined in Section 23 KrWG.

The Packaging Act was already slightly amended by the First Amendment Act, which came into force on 27 January 2021. The amendment to the Packaging Act now implements two EU directives, the Single-Use Plastics Directive and the Waste Framework Directive, into German law and is intended to improve the enforcement of the Packaging Act in practice. It is based on the Act Implementing the Requirements of the Single-Use Plastics Directive and the Waste Framework Directive in the Packaging Act and Other Acts of 9 June 2021 and largely came into force on 3 July 2021.

Due to the widespread use of packaging in commercial transactions, companies are increasingly confronted with legal challenges in connection with packaging law issues that require the support of experienced lawyers.
We conduct administrative proceedings under packaging law, negotiate with the competent authorities and represent you in all instances of administrative jurisdiction.

Our frequent areas of advice include

Advice on the specific obligations arising from packaging law. Examples include the producer, system participation and registration obligations.

Conducting proceedings with the Central Packaging Register Foundation, which is responsible for the implementation of the Packaging Act and questions on specific individual cases

Submitting applications to the Stiftung Zentrale Stelle Verpackungsregister (Central Agency Packaging Register Foundation), particularly in cases of uncertainty regarding the categorisation of material as packaging

Advice on the deposit and take-back obligation for beverage packaging

Clarification of whether material belongs to packaging listed in the catalogue of the Stiftung Zentrale Stelle Verpackungsregister