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Controlled by traders

Cologne, 21.04.2011

New forms of trade licensing for sales packaging have been observed on the market for some time: for example, some traders have arranged for their suppliers to authorise them as an “appointed third party” and have concluded a contract with a system for this volume. Others have authorised their suppliers to license the packaging of the private brands as an appointed third party. Both procedures lead to problems in the preparation of the declaration of completeness to be submitted every year before 1 May, when it is checked which volume is to be assigned to the manufacturer or trader as those who put the packaging into circulation for the first time. The State Waste Committee (LAGA) has supplied clear specifications here, but practice has shown that these are inconsistently heeded. This is not surprising, however, because traders are mostly in a superior position to manufacturers and are able to stipulate how their suppliers must license the sales packaging. If, when the declaration of completeness is examined, packaging is assigned to manufacturers in accordance with LAGA, but traders have claimed this volume as well, then these manufacturers are faced with a dilemma. They virtually have as little room for manoeuvre as in the numerous cases in which the mass flow confirmations submitted by the dual systems appointed by the traders do not agree with their own output figures. In addition, the prominent discount outlets are mainly those who – all in the name of the manufacturer – arrange for participation of volume in industry solutions. The manufacturers are able to influence neither this nor the quotas for which they are ultimately responsible.

“The behaviour of some commercial enterprises will again in 2010 result in incomplete declarations of completeness or incorrect volumes. Those who advertise trade licensing as increasing transparency and the stability of licence volumes are ignoring what is happening in practice. Let us hope that both politicians and those who implement these specifications become more aware of this and clear, distinct restrictions for trade licensing will follow,” stated Raffael A. Fruscio, shareholder of the Reclay Group.

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