FAQ
12. Who has the obligation to license sales packaging when packaged goods are imported to Germany?
For imported goods from Non-EU states or products distributed from EU-member states it depends on the fact who is the initial circulator (“Erstinverkehrbringer”) in Germany.
Depending on the contract this may be the foreign company which then falls under the regulations of § 6 of the German Packaging Ordinance and has to participate in a dual system (or alternatively in an industrial specific solution).
As far as no agreement is existent the company situated in Germany (the “importer”) is obligated to license and has to fulfil the obligations as the „initial circulator“.
“Voluntary” licensing by foreign companies is therefore not possible anymore.
