The Central Agency Packaging Register Office defines the use of the fulfiment service as a retailer or manufacturer commissioning a logistics company for the packaging and dispatch of their goods. This means that the logistics company packs and dispatches products.
Since the German Packaging Act obliges the actual distributor of the packaging, both the licensing obligation with a dual system and the registration obligation with the central office for shipping packaging lie with the logistics provider or shipping service provider. Only in the case where only the online retailer is identified on the shipping packaging, the fulfilment of the obligations lies with retailer.
If the online retailer imports his goods before having them shipped by the fulfilment service provider, he may be subject to the licensing and registration obligation for the product packaging (see also question 27 for information on companies based outside of Germany).
Important information:
According to the amendment to the German Packaging Act that came into force on 3 July 2021, fulfilment service providers will in future no longer be subject to licensing requirements for shipping packaging. Therefore it is always the commissioning retailer who is obliged to comply with the mentioned requirements of the German Packaging Act.
In concrete terms, this means that even if the activity of a fulfilment service provider includes the packaging of goods in shipping packaging, the distributor of the goods for whom the fulfilment service provider works is subject to registration and licensing regarding the shipping packaging. Note: This also applies for retailers and manufacturers that are based outside of Germany and import their products to Germany.
In addition, fulfilment service providers are in future obliged to demand prior proof of system participation from the retailer or manufacturer. Without such proof, fulfilment service providers are not allowed to provide any services such as warehousing, packaging, addressing and shipping of third-party goods. This means that a distribution ban applies in that case.
This means, in the future retailers will only be responsible for the product packaging if they fill the product packaging themselves before sending it to the service provider's warehouse.
There is a one-year transition period until 01 July 2022 for these new requirements to take effect.
You can find more information on the amendment and its impact on online traders in our blog.