If retail packaging is placed on the German market on behalf of a (retail) company, using that company's own brand and/or name without naming the filling company on the packaging, the party that orders the filling is considered to be the producer/initial distributor if the packaged goods are also handed over to the ordering party. The filling party is not the producer/initial distributor in this case.

The registration and system participation requirements depend on the status as a 'producer' or 'initial distributor' within the meaning of the Verpackungsgesetz (Packaging Act). Within the meaning of the Verpackungsgesetz, a producer/initial distributor is any party that is the first to commercially hand over retail and/or grouped packaging that is filled with goods and that typically accumulates as waste with private final consumers (private households or comparable sources of waste generation, such as administrative offices, restaurants or hospitals) to a third party in Germany with the intent that it be distributed, consumed or used (section 3 (9) VerpackG). This is generally the manufacturer of the packaged product. This party must register as a producer with the Packaging Register and ensure the relevant packaging participates in a system.

Section 3 (9) VerpackG provides for an exception, but this exception only applies if the goods' packaging

• is filled because a third party commissioned/ordered the filling and

• the filled packaging is handed over to that third party and

• only the name and/or brand of that third party is visible on the packaging.

In such cases, the ordering party must undertake system participation and registration and is considered the producer within the meaning of the Verpackungsgesetz.

The precise information shown on the packaging is the deciding factor. It is only in cases where the contract packager cannot be ascertained from the packaging, that the producer status is transferred to the ordering party. Labelling (for example as may be required under food law) that does not indicate the name (identifying marker) does not constitute naming for the purposes of section 3 (9) VerpackG. The registration number for the LUCID Packaging Register qualifies as an identifying marker, but not as indicating a name.

If the name of the contract packager appears, e.g. with the phrase "manufactured for [name/brand of retail company]", it is the filling party/contract packager who is the initial distributor/producer and therefore the party under obligation under the Verpackungsgesetz.

Starting 1 July 2022, the registration requirement will apply to all packaging that has been filled with goods – regardless of whether it is used packaging or not. Whenever packaging is commercially filled with goods for the first time, the filler is considered to be the producer. This means that the filler has to register with the LUCID Packaging Register and indicate the packaging type.

If used packaging is placed on the German market for the first time, for typical use with private final consumers, then its initial distributor must register and participate the used packaging in a system. Only where distributors have definite evidence that the packaging they are using has already undergone system participation does the system participation requirement fall away.

The system participation requirement applies to packaging that typically accumulates as waste with private final consumers after use. The fact that used packaging is being used does not address the issue of whether the packaging has participated in a system. If the packaging at issue is, for example, a carton that was previously transport packaging or retail packaging that was used in an industrial or large commercial enterprise setting, it has not been subject to system participation. If this kind of used packaging is then placed on the German market for the first time, for typical use with private final consumers, then its initial distributor must register and participate the used packaging in a system. Only where distributors have definite evidence that the packaging they are using has already undergone system participation does the system participation requirement fall away.

The party using the used packaging material has to be able to provide evidence of system participation to the competent authorities upon request. As this does not lie within the responsibilities of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR), the ZSVR does not set out specific requirements as to this evidence.

Please note that additional packaging components that have not been used, i.e. new elements such as tape, labels or filler material, also have to participate in a system in any case if the packaging is subject to system participation.

It goes without saying that it makes sense from an ecological point of view to re-use packaging material.

A special provision applies to final distributors of service packaging: they can buy pre-participated unfilled service packaging from a supplier or wholesaler. In this situation, the supplier or wholesaler has already paid for the packaging's recycling. That is called pre-participation. This option is only available for service packaging. It allows final distributors to delegate their own packaging law obligations to an upstream distributor of unfilled packaging. Final distributors of service packaging also have to register with the LUCID Packaging Register by no later than 1 July 2022 and indicate there that they are placing service packaging on the German market.

Those who purchase exclusively 'pre-participated' service packaging have to indicate this when registering in the LUCID Packaging Register and confirm the pre-participated purchase there. To do so, they have to check the box that says 'Exclusively pre-participated service packaging' when providing details on their packaging types. Further information can be found in our Service packaging knowledge base.

However, the Verpackungsgesetz (Packaging Act) also contains provisions for the production of packaging, for example restrictions on substances (section 5) or regulations on labelling packaging (section 6). These provisions apply to empty packaging and therefore the manufacturers of the packaging.

Additional FAQ: nearby vicinity as applies to service packaging

The packaging of printed/publishing products is subject to system participation when these products are classified as goods. In the case of, for example, invoices or unaddressed direct mail sent in envelopes it can be unclear whether they qualify as goods or not. Here, the question is whether the focus is on transmitting a notional content (in this case the document does not qualify as goods) or on the physical aspect (in this case it does qualify as goods).

Further information can be found in our informational booklet on documents, papers, magazines, etc. FAQ: documents, papers, magazines, books, manuals, direct mail, advertising brochures, etc. Delineation between goods/non-goods for the categorisation of packaging
 

The provisions of the Verpackungsgesetz (Packaging Act) apply within the Federal Republic of Germany. When packaging is exported outside of its jurisdiction, the Act does not apply. The relevant laws will be the laws of the destination country, which must be observed. EU legal provisions from the EU Packaging and Packaging Waste Directive mean that similar provisions apply throughout EU Member States.

Under the Verpackungsgesetz (Packaging Act), the party under obligation is the party operating the pharmacy. If this is the hospital itself, it must register in the LUCID Packaging Register, indicating the packaging types that are being placed on the German market. If it is not the hospital that operates the pharmacy, then the registration requirement applies to the party that does. If the pharmacy is placing packaging subject to system participation, for example service packaging, on the German market, the packaging also must participate in one or more systems. Learn more about how to fulfil the registration and system participation requirements, and how to use the special provision that allows you to purchase pre-participated packaging on our service packaging knowlege base.

Contract packaging applies if the following three criteria are met:

• the packaging is filled with goods at the instruction of a third party (e.g. a supermarket),
• the filled packaging is handed over to that third party, and
• only the name or brand of that third party is visible on the packaging.

As a general rule, the party filling the packaging is considered the producer within the meaning of the Verpackungsgesetz (Packaging Act). The answer as to whether you are under obligation for the respective retail packaging you fill with goods depends on the packaging's specific labelling.