Since the EPR laws came into force, certain parties are not only obliged to register and conclude contracts with disposal systems, but also must submit so-called declarations and reports on a regular basis determining how much of what was sold over the term of a specific time frame. The overarching goal of the EU directives, which form the basis of the laws, are environmental and health protection, responsible use of resources and a reduction in electrical, battery and packaging waste.
Quantity reports towards stiftung ear and LUCID
The quantity report is used for the pro rata collection of disposal costs for accumulated quantities of recyclables and waste. On the one hand, this makes it possible to calculate the disposal portions, on which the amount of the fee or charges you have to pay depends. On the other hand, with regard to the registration with LUCID (VerpackG), it is possible to check whether you and the dual system have provided the same level of information in the course of the registration. There must be no difference between the figures you enter in the register and in the dual systems. Therefore, you must immediately notify changes not only to the respective register, but also to the dual systems. Failure to submit a change to both entities may result in you being sanctioned by, for example, the ZSVR.
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Who is obliged to report?
As a rule of thumb, you can remember that the person who is required to register with ear or LUCID must also submit a quantity report. This means that all distributors, whether manufacturers, dealers or importers, are affected by the legal requirements. If you run a company based abroad that does not have a branch in Germany, you must (ElektroG & BattG) or can (VerpackG) appoint an authorized representative. This representative takes care of registration and quantity reporting for you, for example. Only the initial registration with LUCID (VerpackG) must only be carried out by you due to a legal prohibition of this activity for third parties.
What needs to be reported?
Roughly speaking, when reporting quantities to LUCID and stiftung ear, you indicate how many packaging materials or electrical and electronic equipment, as well as batteries, you place on the German market. You start with the planned quantity report, where you estimate what the quantity will be in the following year. During the current year, in the course of the so-called intra-year quantity report, you communicate the amount of the quantity actually sold in the previous period. In doing so, you have the option of correcting your original report from the previous year if you find that you are circulating more or less volume than planned. If, on the other hand, you only start operations during the current year, so that it was not possible to submit a planned quantity report, only submit the intra-year report for this year. In the following year, you submit a year-end report that summarizes or, if necessary, corrects those during the year.
The number of reports to be submitted during the year depends on whether you are subject to obligations under the ElektroG, VerpackG or BattG and what else your disposal system requires of you. Thus, the number of reports can vary between 3 and 26. In addition, you also have the option of submitting a deduction report in which you record unsaleable products or export quantities.
If your company is a large packaging company, you are also required to submit a certified declaration of completeness as part of the LUCID quantity declaration. In it, you record the complete quantity of packaging that you placed on the market in the previous year, based on a complicated in-house audit by an expert or auditing company.
Deadlines, violations, and fines
Failure to report in a timely manner can result in severe sanctions as well as failure to register in the first place.
If you are required to register per ElektroG, you may face fines of up to EUR 100,000 for violations of the regulations under § 45 ElektroG. For example, you may be fined if you miss the deadline for annual statistics reporting, which is April 30 of the following year.
The administrative offense may be punished by a fine of up to one hundred thousand euros in the cases specified in paragraph 1 numbers 1 to 9, 12 and 13a, and by a fine of up to ten thousand euros in the other cases.
If, on the other hand, you have to register with LUCID, fines of up to EUR 200,000 can be imposed in accordance with § 36 VerpackG. That’s why you should note the 15.05. as the deadline for the annual sorgfältig notieren. As a wholesaler with an obligation to report LUCID quantities, you must also submit the audited declaration of completeness by May.
The administrative offense may be punished by a fine of up to two hundred thousand euros in the cases referred to in paragraph 1, items 3, 4, 12, 13 and 18, by a fine of up to one hundred thousand euros in the cases referred to in paragraph 1, items 1, 5, 6, 7, 9, 11, 14, 15, 16, 17, 19, 20, 21, 22, 23, 25 and 26, and by a fine of up to ten thousand euros in the other cases.
Less effort, no risk: On time reports by CERTIFY
Compliance with all deadlines and the factually correct reporting of quantities to LUCID, stiftung ear and the disposal systems such as dual systems is demanding. A deadline may be missed or a report is omitted due to unawareness. CERTIFY is your reliable and competent partner who ensures that everything is done in compliance with the law and on time. Simply contact us without obligation and convince yourself of our favorable, professional service and our experience!
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