Sales packaging, grouped packaging, shipping packaging, service packaging or transport packaging? The correct classification is far more than a question of terminology. It governs, among other things, system participation, labelling, technical documentation and further legal obligations.
Two regulatory areas meet here: the German Packaging Act (or the future packaging law) governs in particular registration and system participation. The PPWR governs, among other things, product conformity, labelling, conformity assessment, technical documentation and the EU declaration of conformity.
Transport packaging that typically does not arise at the private end consumer is generally not subject to system participation under the German Packaging Act. Nevertheless, it is still generally subject to the product and conformity requirements of the PPWR. These include in particular:
- identification marking under Article 15(5)
- Erzeuger details under Article 15(6)
- conformity assessment under Article 38
- technical documentation under Annex VII
- EU declaration of conformity under Article 39 and Annex VIII
For labelling under Article 12, by contrast, different requirements and exemptions apply: transport packaging is generally exempt from the harmonised material labelling — e-commerce packaging, however, is not.
Shipping packaging is also often classified incorrectly. It is not transport packaging but a sub-type of sales packaging. It comprises all components used for shipping to the end consumer, for example:
- box
- tape
- void-fill material
- shipping label
- document pouch
For the correct assessment, companies should therefore always answer three questions separately:
- 1
What function does the packaging perform?
The actual function is decisive, not the name.
- 2
Where does it typically arise as waste?
At the private end consumer or in the commercial sector — this determines system participation.
- 3
What role does your company have?
Erzeuger, Hersteller in the EPR sense, Importeur or Vertreiber — the concrete obligations follow from this.
Only the interplay of these questions shows which obligations actually exist. The overview below compares the main packaging types and shows why system participation and PPWR conformity must never be equated.