The new Packaging Act affects everyone who has already been held responsible by the Packaging Ordinance. This means that everyone who is considered to be the initial distributor will be affected. Every manufacturer or retailer who issues a filled packaging (which excludes the manufacturers of packaging themselves) to a customer (B2C) for the first time is required to take part in packaging disposal. If the manufacturer is not located in Germany (e.g. the US) and the product is only entering the German market via an importer, this importer is regarded as the initial distributor.
Packaging waste also expressly includes repackaging and shipping packaging. An online retailer who sends an already packaged product in a shipping crate or parcel must also pay for this crate or parcel, as well as for filling material and adhesive tape. Nothing has changed in this area. Reusable packaging continues to be exempt from system participation.
What has changed with the new packaging law, however, is the registration. Anyone who is not registered in the LUCID public register from January 1st 2019 cannot create a valid contract with a dual system and therefore may not sell packaged goods in Germany (sales ban). Anyone who disregards the law will face severe penalties. If a company is not properly registered and still offers goods (an actual sale is not necessary), a fine of up to €100,000 (approx. $115,000) per case may be imposed. If one chooses to ignore the disposal law completely, therefore not taking part in disposal costs, the punishment is doubled.