The Packaging Act applies to “manufacturers”. According to the law, a manufacturer is anyone who places packaging on the market or imports packaging for the first time and on a commercial basis. Under the Packaging Act, “packaging” equals sales packaging (sales unit consisting of goods and packaging) that is typically offered to the final consumer.
When deciding whether packaging is subject to system participation or not, the criterion of the typical source of waste generation is used. If the packaging typically leads to waste disposal from a private final consumer after the use of the goods, it is said to be subject to system participation. Packaging is divided into sales packaging, secondary packaging and transportation packaging according to its use:
- Sales packaging is defined as service and transportation packaging that is only filled at the final distributor and is intended to enable handover or shipment to the final consumer. Typical source of waste generation: Private final consumer; therefore subject to system participation
- Secondary packaging is generally used to bundle a certain number of sales units and offer them to the final consumer or to stock the sales shelf. Typical source of waste generation: Not exclusively private final consumer; partly subject to system participation
- The sole purpose of transportation packaging is to enable and facilitate the handling and transportation of goods. It is typically not passed on to the final consumer. Consequently, there is no obligation to participate in the system.