All Collections
TIPS AND ADVICE
EU-Regulations
The Packaging Law: What you need to know as a manufacturer
The Packaging Law: What you need to know as a manufacturer
Luisa avatar
Written by Luisa
Updated over a week ago

In our Help Center, we want to give you the best possible advice for your business so you are ready for takeoff with the most important tips and advice. Today’s advice will be all about the most important facts about the EU-wide Packaging Law – especially important for manufacturers (brands).

WHAT EXACTLY IS THE EU PACKAGING LAW?

Packaging can be found everywhere in our everyday lives. We constantly encounter packaged products, for example during sales or transport – packaging is always part of the product. Certain requirements and specifications must be observed, such as those agreed upon in the EU Packaging Law (EU Directive 94/62/EC).

In general, the principle of extended producer responsibility applies, whereby manufacturers, importers and (online) retailers are held responsible. If you now deliver to different states of the EU (e.g. offer international or EU-wide shipping), you may also be obliged to participate in a recycling system in each individual state, license your packaging, or pay a packaging or waste tax to the respective state.

WHAT IS THE REASON FOR THE EU PACKAGING LAW?

The EU Packaging Law aims to standardize national guidelines for handling packaging and the produced waste. Specifically, it aims to protect the environment by preventing or avoiding packaging waste.

The basic idea behind this is the circular economy and the associated waste hierarchy. This states that the highest priority is to avoid waste. Otherwise, it should be prepared for reuse or recycled. If this is not possible, other recovery methods such as waste incineration and disposal can be considered. At the same time, emphasis is placed on ensuring that packaging waste is handled in a way that is gentle on health.

EU PACKAGING LAW – WHO DOES IT APPLY TO?

The EU Packaging Law affects the industrial, commercial, administrative, trade, manufacturing, service and household sectors and the packaging waste generated therein – for all countries of the European Union. It is binding for you as a manufacturer and retailer and also applies to the pharmaceutical industry (Medical Devices Packaging Directive) or the case when you purchase your products already packaged from a wholesaler.

Thus, companies must pay a fee for the materials they put into circulation. This means that all companies are obliged to dispose of packaging that is put on the market for the first time, which ends up as waste at the end-consumer. This applies not only to large quantities and companies but also to the very first sales packaging that a retailer or manufacturer places on the market.

DO I HAVE TO REGISTER THE PACKAGING THAT I’M USING?

Since 2019 it is mandatory to register the packaging that you are bringing into circulation every year. For violations against the Packaging Law (for example not registering the packaging amount) in Germany, there can be significant penalties. The scope of fines starts with the submission of the data report with penalties of up to 10,000 euros and can even lead to a fine of up to 200,000 euros in connection with incorrect system participation.

For a declaration of completeness that is not filed, not filed correctly, not filed in full, or not filed on time, authorities may impose administrative offenses with a fine of up to 100,000 euros.

WHICH PACKAGING MATERIALS DO YOU HAVE TO LICENSE?

  • Cardboard, paper, carton

  • Aluminum and other metals

  • Glass

  • Beverage carton composites

  • Ferrous metals

  • Other composite packaging

  • Other materials

HOW DO I LICENSE MY YEARLY PACKAGING WASTE?

  1. Registration

  2. License the yearly amount of packaging you are using on a dual system website.

  3. Checking your quantities

WHAT DO I DO IF I DON’T KNOW HOW MANY PACKAGING MATERIALS I’VE PUT INTO CIRCULATION?

One thing you can do is to contact your supplier who delivers your packaging. Or you can contact the manufacturer who produces your goods, they usually know exactly what quantities they use. You can also check the yearly ordered amount of materials that you needed through your bills to calculate the amount. It is recommended to keep a list of all bills that include the purchase of packaging materials.

If you are still unsure, most dual system websites will provide a packaging calculator. This will help you figure out the correct amount of packaging that you have to license.

Even if there are times when wholesaling seems more difficult, it’s still important to be visible and tell the shops about your great products. Maybe you got some ideas from this article and found inspiration on how to design convincing advertisements on FAIRLING. Please feel free to contact us if you need help!

Did this answer your question?