The amended Act introduces a duty of control and new responsibilities for fulfilment service providers. If merchants who commission their services cannot prove their participation in a dual system,
the service provider must not provide any services (offering products for sale, packing, shipping, etc.)
relating to packaging with licensing requirements.
Merchants purchasing fulfilment services are responsible for all
licensing – fulfilment service providers are now permanently exempted.
Dropshipping is a special case because the goods are packed directly by the producer and then shipped to the customer. As a result, merchants therefore have no physical contact with the product or packaging. Considered in light of the Packaging Act, this interpretation of dropshipping (which is also shared by the Central Agency Packaging Register) assigns responsibility both for primary sales packaging and mail-order packaging to the producer of the goods.
But beware: In the course of the Packaging Act amendment, online traders who use marketplaces must be able to present proof of licensing from 01 July 2022. This means that there is also a need for action for traders who use dropshipping and do not have a licensing obligation themselves!You must request the registration number (EPR number) from your dropshipper. When depositing the EPR number with the marketplace, you must take care not to pass it off as your own, but make it clear that it is the number of a third party.