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The 2019 German Packaging Act

While I have read more information about the 2019 German Packaging Act, and how it will impact all international sales to Germany (including eBay), as the law is written it seems to primarily effect the primary distributors of pre-packaged items (please correct me if I am misinterpreting this law -- it is not entirely clear).

 

However, if an eBay seller is NOT a primary distributor, is it still necessary to provide all the information that has been requested?

 

And, if an eBay seller is selling items which do not seem to be applicable to the 2019 Packaging Act (such as old books and old magazines, which is what I sell), is it necessary to provide this information?

 

In addition, since I am just an individual seller (and NOT a huge business entity), the "tax id" which is required by this act would be my personal Social Security number, which I am quite hesitant to share with a foreign government.   And thus, according to the  eBay memo regarding the 2019 German Packaging Act:

 

"What happens if I don’t register by the July 1 deadline?  

 

eBay has a legal obligation to ensure that all our B2C sellers are compliant. If you do not take the necessary steps by the deadline, we will be legally required to restrict your selling privileges for the German market. "

 

Which is okay for me -- but I'm not sure how much this is going to impact other American eBay sellers, as the 2019 German Packaging Act seems to infer that eBay sellers will be financially responsible for additional recycling fees for packages sent to Germany.  Will eBay be billing individual sellers for these fees, or will Germany be billing the individual sellers?

 

Do any other eBay sellers have further clarifications regarding this Act, as the deadline is July 1.

 

Thanks, folks!

 

Message 1 of 66
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Re: The 2019 German Packaging Act


@nyccowgirl7 wrote:

 

 
C - if the LUCID account is required and I choose not to register, will there be a way going forward to choose to sell items through GSP and exclude Germany???  Because as I understand it, at present, there is no way to exclude a specific country for GSP sales. 

This would be a VERY helpful feature for many items (ie I listed a kitchen knife, but because England has strict laws about fixed blades etc I can't sell it through GSP).

Please give us some additional guidance - for some of us who have a significant number of GSP sales, this info is quite important and not clear at the moment.


Wouldn't the normal country exclusion work for GSP too?   That's what I had planned on doing.  I thought excluding Germany, would also exclude it from GSP sales, as well as direct sales.  

 

The original announcement also refers to B2C, I'm not sure what that is?  So IDK if it even applies to me.  

This one goes to Eleven - Nigel Tufnel

Simply-the-best-for-you Volunteer Community Mentor
eBay Seller since 1996

Message 16 of 66
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Re: The 2019 German Packaging Act

The 2019 German Packaging Act is obviously not "new" -- it is dated 2019.

 

So why are eBay sellers only finding out about it NOW, less than two weeks before the July 1 deadline for the required paperwork?  It is highly unlikely that eBay has been unaware of this Act for the past three years, and it seems irresponsible on the part of eBay to dump this in our laps with so little notice, considering that so many questions about the Act remain unanswered and/or questionable.

 

The safest approach for many eBay sellers who do very little business with Germany is to simply not comply with the demands of the Act.  As a private citizen (and NOT a business entity), I am not providing my Social Security number to a foreign country, in the absence of a Tax ID number.  I am certainly not permitting a foreign country to bill me for recycling packaging materials sent to eBay buyers in Germany -- is the United States billing Germany for recycling used automobile parts from Volkswagens, Audis and Saabs? 

 

According to Wikipedia,  "{Germany's} top exports include cars, vehicle parts, pharmaceuticals, aircrafts, helicopters and space craft, refined petroleum, petroleum gas, engine parts, machinery having individual functions, medical instruments" and so on.  Perhaps the United States should start billing Germany for  recycling all these German-manufactured items currently rotting in American landfills and junkyards.

 

I reiterate -- just say "Nein."

 

Message 17 of 66
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Re: The 2019 German Packaging Act

I have zero intention of registering or paying anything.

 

Germans will just use re-shippers if there is something they absolutely must have.

 

 

Message 18 of 66
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Re: The 2019 German Packaging Act

I'm  not sure  why it  is a surprise to the number of sellers  on the this site.  I heard about  it in 2018  on  ebay face book  group      . also on the old power sellers board  had a thread  about it back then . also  it  was in the 2018 seller  fall update also.   I was not  worried  about it , because  I had very few buyers from  Germany  .also  my internationals sales   died off do to high shipping cost  when I was  a selling .     I do feel for  you selling folks  Here!,   having too go   through new hoop's  .  .    

Message 19 of 66
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Re: The 2019 German Packaging Act

"Germans will just use re-shippers if there is something they absolutely must have."

 

But then the seller will still be stuck paying whatever recycling fees that Germany may decide -- you can be sure that the re-shippers won't be paying the fee!

 

And nobody (much less Germany or eBay) has provided ANY idea regarding the AMOUNT  of those fees.

 

Germany is requiring eBay sellers (as well as Amazon, Bonanza, Etsy and so on, I'm sure) to blindly sign an open agreement regarding recycling fees; but nobody has mentioned upon what those fees will be based.  How much?  Which materials will be liable?  How will those fees be collected?  Who will determine the amount to be recycled?  What proof will be provided that any recycling was even done?  Will there be further involvement by eBay?  Or will there be involvement by the United States government (since Germany is demanding tax ID numbers, or (by inference) Social Security numbers)?

 

Too many unanswered questions -- and the clock is ticking down to July 1.

 

How long has eBay been sitting on this, without providing sellers even a HINT of what conceivably may be an economic nightmare for many eBay sellers, who make bulk sales to Germany?

 

I guess we might as well call this the eBay Mid-Summer 2022 Update, considering that (like nearly all other eBay seasonal updates), it causes more harm than good.

 

Just say "Nein."

 

 

 

Message 20 of 66
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Re: The 2019 German Packaging Act

I've been reading through boatloads of German documents, trying to figure this out.

The 2019 act comes into full force on 01 July 2022.

 

The way the German site is set up, the system appears to be targeting the larger producers, yet in the same documents, they state there is no "de-miminis", no lower threshold. eBay says they are applying the German requirement to B2C sellers (Business to Consumer), or basically, sellers registered as a business.

 

The German law will apply to any disposable packaging (trash) entering their country, but how does German customs know whether the trash is from personal transactions or business transactions? A customs statement is typically required either way, and a customs statement usually asks whether the item is a gift or a commercial transaction. We've all been trained not to lie on customs forms. So that does raise the question.

 

The GSP is the customs agent for many sellers, so they are the ones who will have to report, and they will get that information from a seller's profile. Only business sellers currently have a new field on their profile page to add the required LUCID registration number.

 

https://accountsettings.ebay.com/profile

shipscript_1-1655920768863.png

 

So on to the registration:

eBay has partnered with Lizenzero as the most streamlined option for eBay  sellers.

Registration for a LUCID number is free, but the individual licensing (system participation) aspect will start at a minimum of $41 per year, or higher if trash volumes are higher.  That, right there, may persuade small sellers to block Germany.

 

The minimum an eBay seller of used items might need to report is "Shipment Packaging", as shown in this infographic. But if the item is new and commercially packaged, then retail packaging must also be considered:

 

shipscript_1-1655938367799.png

 

If the retail packaging itself is collectible, then that is part of the product and is not considered packaging.

 

In essence, shippers must decide how much packing material they are likely to send to Germany over the course of each annual license period.  I think this will be the most difficult task for sellers, as it will be determined by the anticipated weight of each type of packaging material.

 

Most eBay sellers ship variety, unlike manufactures who ship lots of one type of item.

 

eBay is still not sure how we will be dealing with freight forwarders for sales that don't go through eBay's shipping services. The German documentation states that the entity that owns the item when it crosses the border is the "producer" of the trash for licensing purposes. I would presume that a buyer who uses a freight forwarder becomes the owner/producer, but the German documentation never clearly states an individual consumer could be the responsible party.

 

It will be interesting to see what @mr_lincoln learns from his German customer.

 

Here is a page with a bunch of PDF downloads:

https://www.verpackungsregister.org/en/information-orientation/knowledge-base/check-do-the-requireme...

 

ShipScript has been an eBay Community volunteer since 2003, specializing in HTML, CSS, Scripts, Photos, Active Content, Technical Solutions, and online Seller Tools.
Message 21 of 66
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Re: The 2019 German Packaging Act

and how would you restrict your sales to Germany if you use GSP for everything International? 

Message 22 of 66
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Re: The 2019 German Packaging Act

You  can by Blocking Germany    for not shipping too . GSP will only ship to country's    that aren't on your   block list . 

Message 23 of 66
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Re: The 2019 German Packaging Act

The LUCID  ID  is   waste of  $41   per year   for  seller    on a  chance  of  getting  buyer from Germany  .  If  a buyer  want's  item out side  of  Germany ,then that buyer  pay's  those fee's  .   Also  ebay isn't  100%  full retail   merchant sellers   online  site. 

Message 24 of 66
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Re: The 2019 German Packaging Act

I just added Germany to locations I don`t ship - not what I had many Germans in the past couple years - they stopped shopping on the US version of ebay some time ago. Used to be one of my top international location. Sadly, we, sellers, are loosing many international markets due to government regulations. Most of the times, ridiculous ones.

Message 25 of 66
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Re: The 2019 German Packaging Act


@1786davycrockett wrote:

The 2019 German Packaging Act is obviously not "new" -- it is dated 2019.

 

So why are eBay sellers only finding out about it NOW, less than two weeks before the July 1 deadline for the required paperwork? 

 


There was a big thread on this maybe two months ago. eBay knew about the Act. But from what I recall from the other thread, it affecting resellers or something was updated or changed earlier this year.

 

So it's a bit of a surprise to everyone.

 

Basically, unless you do a lot of sales to Germany. Just block ze Germans. If they want the package bad enough, they can take a stroll into France or something.

Message 26 of 66
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Re: The 2019 German Packaging Act

Let's hope it's the only country doing that — I'm a bit tired of more paperwork and more obstacles that get thrown in our way while we're hearing the syren's song "it's protecting consumers and bla bla bla". In the end it's just about more taxes and more regulations. F-ing burocrats.

Message 27 of 66
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Re: The 2019 German Packaging Act

To my understanding, only business sellers registered with VAT.

 

 To sign up directly on the German reg. site. you will need a VAT # ,otherwise they will not accept registration..

 

From eBay UK  ( Uk not a member of the Eur. Union ) eBay UK kat@ebay. " I have confirmed with the relevant department in eBay.

For now, private sellers do not need to register. These new packaging regulations for Germany apply to business sellers "

 

Message 28 of 66
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Re: The 2019 German Packaging Act


@1786davycrockett wrote:

Thanks again, mr_l!  As it is written (and as eBay has NOT explained it!), it certainly sounds as if all international sales to Germany (as of July 1) will be docked additional fees for recycling.  

 

But who will be responsible for paying those fees -- the sellers themselves, or eBay? 


I will give you a clue, it will not be ebay paying and I would be shocked if final value fees were not charged on this extra fee. As far as I am concerned count me out on selling to Germany.

Message 29 of 66
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Re: The 2019 German Packaging Act

Well ebay is listed as the merchant record  in the buyers  payment history   since  they  started  managed payments  adyen  .  I agree  with you  that the  sellers will get hit with the fee ,since ebay.com US  will not eat that cost.    

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