German regulator targets fashion brands for packaging enforcement

Fashion brands with ecommerce stores in Germany please take note. The German regulator has identified companies in the fashion industry, specifically companies selling through online stores and ecommerce sites, that have not been fulfilling their packaging obligations and has informed the relevant state law enforcement authorities that there are concrete indications of offences. Enforcement penalties include fines of up to €100,000 in accordance with the Packaging Ordinance and €200,000 in accordance with the Packaging Act, per violation. Additional sales prohibitions for non-compliance are also possible.

“For years, the fashion boutiques have not included their packaging in any system. Thus, they have unlawfully failed to fulfil their product responsibility.”

Sphera EC4P have produced a professional translation of Case Report "Fashion boutiques with online shops - failure to participate in the system" from the German ZSVR Agency which is available to download with our summary guidance.

Avoid packaging enforcement proceedings and stay compliant in Germany:

• Recent ZSVR Case Report details current administrative proceedings involving well-known fashion brands in violation of the German Packaging Act

• Fines of up to €100,000 in accordance with the Packaging Ordinance and €200,000 in accordance with the Packaging Act, per violation

• Case Report encourages obligated companies to exercise their ecological product responsibility and avoid legal violation enforcements

• Obligated fashion brands selling in Germany should register with Packaging Register (ZSVR), report compliance data and pay recycling fees for their obligated product sales

• Obligated parties should also ensure they are registered in all other European countries for similar packaging compliance and consider legislation frameworks in other regions

• Sphera EC4P can identify your company’s legal exposure, recommend cost-effective and robust compliance arrangements and provide fully managed services and cloud software to give you a guaranteed compliance program anywhere and everywhere you sell your products