take-e-way News and Press Releases

Sales packaging, repackaging and dispatch packaging of textiles, shoes, leather goods such as (Women’s) outer wear and accessories such as gloves, bags and fashion jewellery are mainly purchased by private consumers. Accordingly, they are generally obliged to participate in the system provided under the Packaging Act. Several fashion boutiques of a foreign fashion brand which are affiliated under company law with their own direct sales (online shops) and are based in Germany have not fulfilled their product responsibility for packaging and have violated their obligations under packaging law for years now. The German Foundation Central Agency Packaging Register (ZSVR) has notified the competent state enforcement authorities that there are concrete indications of regulatory offences having been committed. Possible consequence of such administrative offences include the imposition of fines, profit skimming, as well as monitoring the obligation to participate in the system retroactively for past periods.

As you know, Great Britain will leave the EU on 31st December 2020. However, the EU directives on producer responsibility for electrical appliances, packaging and batteries have been incorporated into British law, so despite Brexit, the UK will continue to operate in accordance with these directives for the foreseeable future. If you do not have a valid registration but you are already selling to the UK, you must register within 28 days of the date on which the product was placed on the market. On the way to a successful registration we are of course happy to assist you.

On 9 November 2020, the new Batteries Act, or Batteries Act 2 (BattG2 for short) was published in the German Federal Law Gazette. It is scheduled to take effect on 1 January 2021. The new version of the German implementation of the European Batteries Directive 2006/66/EG contains important changes that every dealer in electrical appliances / electronic equipment / electrical products containing batteries and/or accumulators should know. In this regard, additional innovations are relevant for manufacturers from abroad in addition to those based in Germany. A brief overview of the most important changes to the Batteries Act 2021 is available here.

The German Federal Environment Agency (UBA) proposes that operators of online marketplaces should be obliged to ensure compliance with the Packaging Act on their platforms. “Digital marketplaces can also do more for environmental protection. We therefore recommend that in future, all online platforms must check before selling goods whether the sellers have complied with the obligation to sign up with the Packaging Register. This should be entrenched in legislation,” said UBA President Dirk Messner, according to a UBA press release dated 18 November 2020.

On 6 November 2020, Germany’s Bundesrat approved an ordinance banning certain disposable plastic products, subject to minor semantic changes. The objective of this ordinance is to improve the management of the resource “plastic” and to curb the careless dumping of waste into the environment. With this ordinance, the German federal government implements the provisions of the European Union’s Disposable Plastics Directive into German law on a one-to-one basis. Deliberate or negligent breaches of the prohibition constitute an administrative offence under the Regulation. They can now be punished with a fine of up to 100,000 euros. According to the federal government’s plans, the ordinance is to be promulgated by the end of this year. The provisions would then take effect uniformly throughout Europe on 3 July 2021.

On 31 January 2020, the British left the European Union. During the transitional phase, the United Kingdom will continue to be part of the European single market until 31 December 2020. It is still unclear whether future relations between the EU and the United Kingdom can be settled permanently by the end of the transition period. The following is already clear at this stage: Businesses will need to adapt to change. The Association of German Chambers of Industry and Commerce (DIHK) offers the “Brexit Check” tool on its website, which allows you to check whether your company has taken the consequences of Brexit into account; take-e-way and trade-e-bility will assist you with product standards and compliance.

According to a report in the newspaper ‘Frankfurter Allgemeine Zeitung’, an American electric car producer in Germany is to pay a fine of over twelve million euros. Evidently the background to this is the German Batteries Act, which stipulates that producers of e-cars must take back the batteries they have sold or name a disposal partner. This regulation is alleged to have been violated by the car producer concerned. If you are not registered yet but manufacture batteries or import them into Germany for the first time, take-e-way will be pleased to assist you in registering your device, industrial or vehicle batteries.

According to current information from the German Bundestag, most experts are in favour of supply chain legislation. This was revealed at a hearing of the Committee on Human Rights and Humanitarian Aid on the topic of “Human Rights and Business” under the leadership of Committee Chairwoman Gyde Jensen (FDP) on 28 October 2020: The experts from business circles, politics and society predominantly supported the German government's plan for such legislation intended to improve compliance with human rights and environmental standards in the global supply chains.

Article 2 of the Implementing Act of the Waste Framework Directive (German acronym: AbfRRL, printed matter 88/20) provides for an amendment to the Electrical and Electronic Equipment Act in Section 18. Accordingly, the status of compliance with the quantitative targets under Section 10 (3) and Section 22 (1) of the Electrical and Electronic Equipment Act must be published annually by manufacturers. The law came into force yesterday.

What happens to that old hairdryer or the disused refrigerator after it ends up at the recycling yard or at the retail store? The new films produced by the EAR foundation, financed by the fees paid by manufacturers and distributors under the Electrical and Electronic Equipment Act, provide answers and show how key raw materials are obtained without toxic substances endangering the environment and health.