Retrospective deductions pursuant to section 7 (3) VerpackG are permissible if the packaging that has participated in a system cannot be transferred to the final consumer due to damage or unsaleability and if the producer has taken the packaging back and transferred it for recovery as per section 16 (5) VerpackG. Return to the producer and subsequent recovery must be documented in a verifiable way in every instance. If this is the case, the respective packaging is no longer considered to have been placed on the market once the participation fees have been refunded.

Subject to strict conditions, a retailer/redistributor undertaking an 'independent' and/or 'unplanned' export may also lead to a retrospective exemption from the system participation requirement pursuant to section 12 no. 3 VerpackG if evidence can be produced that the packaging that has participated in a system has not been transferred to a final distributor in Germany and/or the jurisdiction of the Verpackungsgesetz. In this case, the export must, inter alia, be documented in a verifiable form by the initial distributor/producer in every instance. A legal right to a refund from the system does not arise in such a case, however.

For details, refer to the long-version FAQ which sets out the Zentrale Stelle Verpackungsregister's (Central Agency Packaging Register – ZSVR) current interpretation of the law. The ZSVR requires that this legal interpretation be used as the basis for declarations of completeness submitted for the 2020 reference year onwards.