FAQ

The Verpackungsgesetz (Packaging Act) sets out requirements for the production, placing on the German market and recovery of packaging. It entered into force as per January 2019, and replaced the Verpackungsverordnung (Packaging Ordinance) of 1992 that had been in force previously. The Verpackungsverordnung also contained provisions governing producer responsibility for producers and distributors of packaging, as well as the requirement for retail packaging to participate in waste management systems ('systems'), setting high recycling quotas for them. The Verpackungsgesetz also serves to transpose European provisions of the extended producer responsibility into national law.

The Verpackungsgesetz (Packaging Act) requires all initial distributors of packaging filled with goods to register with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) through the LUCID Packaging Register – before placing packaging on the German market. Failing to register attracts a distribution ban for the goods in question. Whether or not further obligations apply depends on the type of packaging that is placed on the market.

Most significantly, the Verpackungsgesetz (Packaging Act) created the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) with wide-ranging and, to some extent, statutory duties. Furthermore, the Verpackungsgesetz provides for higher recycling quota, requires a minimum standard for determining the recyclability of retail packaging, expands the influence of municipalities on the structure of how retail packaging is collected locally, and sets out clearer controls for waste management systems. It also provides for higher requirements on experts, auditors, tax advisers and sworn accountants who undertake auditing activities, and brings into effect new requirements for beverage packaging.

Producer responsibility means that the party who produces and distributes a product has to think about the subsequent recovery of that product as early as during its development, production and distribution. They must bear in mind the recyclability of that product, and ensure that the product will be returned after use as well as its recovery.

The Verpackungsgesetz (Packaging Act) regulates this for different types of packaging and contents in a differentiated and case-dependant way.

Producer responsibility applies to everyone who is the first to fill packaging with goods and commercially place it on the German market. 

Every company that places packaging filled with goods on the German market or imports packaging filled with goods into Germany is required to register in the LUCID Packaging Register, indicating the packaging types that are being placed on the German market. Anyone who is the first to place retail, grouped or shipment packaging on the German market that is filled with goods and typically accumulates as waste with private final consumers or comparable sources of waste generation has to bear financial producer responsibility for this packaging – and pay for its recycling. This is called 'system participation'. To fulfil the system participation requirement, you have to enter into a system participation agreement with one or more system(s).

You are also required to submit data reports to the LUCID Packaging Register, indicating the packaging volume that you have reported to your chosen system(s).

Further information about the term 'producer' can be found in this graphic.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) was created to concentrate market oversight for requirements on the distributors of packaging and waste management systems, and to make oversight more effective. In collaboration with state enforcement authorities, the aim of the ZSVR is to instil transparency and fair competition in the practice of producer responsibility for packaging. This includes the elimination of the competitive disadvantages created by free riders, which in the past led to damages in excess of €200 million annually that had to be borne by law-abiding companies. 

The role of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) includes statutory duties such as registering all distributors of packaging filled with goods, accepting and checking data reports submitted by distributors and waste management systems, the market share calculation for systems and sector-specific solutions, the minimum standard for determining the recyclability of packaging, checking volume flow records and recycling quotas, the register of auditors and the audit guidelines for experts and auditors. In addition, the ZSVR has private law duties such as setting up the register and the database, entering into financing agreements with the dual systems and sector-specific solutions, liaising with other authorities, as well as providing information to parties under obligation and the public.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) was established as a foundation by the following associations:

• Bundesvereinigung der Deutschen Ernährungsindustrie e. V. (Federation of German Food and Drink Industries – BVE)
• Handelsverband Deutschland - HDE - e. V. (German Retail Association)
• IK Industrievereinigung Kunststoffverpackungen e. V. (German Association for Plastics Packagings and Films)
• Markenverband e.V. (German Trade Mark Association)

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) is established as a foundation under German civil law and has been entrusted with statutory duties since 1 January 2019 in its activities undertaken throughout Germany as an authority. In its governmental capacity, it is subject to the legal and technical oversight of the German Environment Agency. In many aspects of its work, it requires the agreement of other authorities, such as the aforementioned German Environment Agency, or German Federal Cartel Office. Determinations and decisions made by the ZSVR as administrative acts are subject to judicial scrutiny. The German Federal Audit Office is responsible for oversight of the ZSVR's budget and use of funds.

For reasons relating to antitrust law, the register and data area of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) have a 'high security clearance' set-up. A strict and high-tech information security regime is in place. The way in which the data is dealt with, the dual control principle and other strict compliance requirements are monitored extensively by the German Environment Agency. Members of the Foundation's bodies cannot access the data.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) is not a sanctioning body. Its role is to promote standards and transparency. However, if it identifies any irregularities, it is required to investigate them. As such, the ZSVR is obliged to require documentation to be provided and to order additional audits when necessary. Any breaches of the law will then be prosecuted by the competent authorities at the federal and state level.

The costs of setting up the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) and the annual operating costs are refinanced proportionally by levies on dual systems and sector-specific solutions. These levies are restricted to 'necessary costs'. The necessary costs must be attested by an auditor, and the assessment of the levies received must be approved by the German Environment Agency. The German Federal Audit Office checks to ensure that the funds are being used economically by reviewing the budget and use of funds.

The Verpackungsgesetz (Packaging Act) defines a company that is the first to place packaging filled with goods on the German market as a 'producer' – and every producer is required to register with the LUCID Packaging Register by no later than 1 July 2022.
 

A 'producer' required to register is therefore:

• any party who is the first to fill empty packaging with goods and place it on the German market (initial distributor);

• any party who is the first to import packaged goods into Germany, and place them on the German market (importer). As a matter of principle, the party who bears legal responsibility for the goods at the time they cross the border is regarded as the 'importer'. The producer can be 

  • located outside of Germany, shipping goods to Germany; or

  • located in Germany, ordering the shipment.

• any party in the mail order business who is the first to fill and place shipment packaging on the German market (mail order company or online retailer);

An exception may apply to pre-participated service packaging: in the case of service packaging, the final distributor of this packaging can also request that the supplier/initial distributor of the empty packaging bears the registration requirement and other obligations; the final distributor will, however, still be required to register.

The Verpackungsgesetz (Packaging Act) distinguishes between packaging that is subject to system participation and packaging that is not subject to system participation. 

Packaging subject to system participation is retail or grouped packaging filled with goods that typically accumulates as waste with private final consumers after use. Retail packaging includes shipment and service packaging.

Packaging that is not subject to system participation includes: single-use beverage packaging subject to deposit, retail and grouped packaging that does not typically accumulate as waste with private final consumers, retail packaging for hazardous contents, transport packaging, retail and grouped packaging for which system participation is excluded due to system incompatibility, and reusable packaging.

For a graphic that helps you delineate between packaging subject to system participation and packaging not subject to system participation, please click here.
 

Within the meaning of the Verpackungsgesetz (Packaging Act), the producer subject to registration is generally the party that is the first to commercially fill packaging with goods and place it on the German market. 

The material meaning of the term 'producer' goes beyond the interpretation of that term found in practice, namely that only the party producing a product is the producer. There are many circumstances under which a retailer/distributor will be classified as a producer. Examples include the following:

• retail companies that have a contract manufacturer produce packaged goods, with the packaging bearing only the name of the retail company ('Who is considered to be the distributor in the case of own brands retail?')
• Retail companies located outside Germany that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border 
• Retail companies located within Germany that import packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border 
• International mail order companies that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border 
• Domestic mail order companies that import packaging filled with goods into Germany, and that are legally responsible for the goods at the time they cross the border 
• Mail order companies that fill shipment packaging with goods and send it to final consumers 
• Companies that have commissioned a fulfilment service provider pursuant to section 3 (14c) VerpackG (Packaging Act)
   

Further information about the term 'producer' can be found in this graphic.

In general, online retail is subject to the same provisions as mail order companies or businesses.

'Producers' subject to registration and system participation also include

• online shops located outside of Germany that deliver packaged goods directly to private final consumers in Germany, and
• online retailers located within Germany that take returned products, repair them and send them back to final consumers in their own packaging.

Commissioning fulfilment service providers
The amended version of the Verpackungsgesetz (Packaging Act – VerpackG), parts of which entered into force on 3 July 2021, contains specific provisions concerning the responsibility of distributors – including mail order companies and online retailers – regarding shipment packaging where fulfilment service providers are used. These provisions can be found in section 7 (7) and section 3 (14c) VerpackG:
In accordance with these provisions, fulfilment service providers who fill shipment packaging subject to system participation packaging with goods are not considered producers within the meaning of the Verpackungsgesetz. Instead, the producer of the shipment packaging is the distributor of the goods who has commissioned the fulfilment service provider. As such, it is the distributor who must register the shipment packaging and ensure its system participation.
The distributor under obligation pursuant to the Verpackungsgesetz will then have to request the information required for system participation – such as the shipment packaging volumes and material types – from their fulfilment service provider. Under section 3 (14c) VerpackG, a fulfilment service provider is anyone offering at least two of the following services for distributors in the course of their business activities: warehousing, packing, addressing and dispatching goods over which they have no ownership. Post, parcel delivery or other forwarding agents are not classified as fulfilment service providers.
Starting 1 July 2022, fulfilment service providers will only be able to provide their fulfilment services if the commissioning distributor has registered in the Packaging Register and the packaging (shipment and product packaging, as applicable) has participated with a system.
Where imports are concerned, special provisions may apply. Please see our subject-specific paper on imports for more information.

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. (Refer to 'What is service packaging?' and 'What special provisions apply to service packaging?') Further information can be found in our 'Service packaging' knowledge base.

However, the Verpackungsgesetz (Packaging Act) also contains provisions for the production of packaging, e.g. 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
  

Any time a transfer to a third party in the course of business actually occurs, this is considered to be 'placing on the German market' or 'distribution' within the meaning of the Verpackungsgesetz (Packaging Act). It is immaterial whether the transfer is in exchange for money or not. Registration and system participation (where applicable) is required, for example, for sample goods or giveaways or other complementary transfers of packaged goods, as long as this occurs as part of the practice or promotion of a commercial activity. This includes every transfer that occurs in the course of product distribution. The critical factor is that a third party takes possession of the packaging.

Anyone who has registered or has to register their self-employment as a business, or anyone who generates income from commercial activities, independent work or agriculture and forestry within the meaning of German income tax law, is operating commercially within the meaning of the Verpackungsgesetz (Packaging Act).

Even an individual who claims losses against taxes owing to their activity or computes profit from agriculture and forestry on the basis of average rates (section 13a (6) EStG (Income Tax Act)) is operating commercially.

Further information can be found in our informational booklet on commercial placing onto the German market. FAQ: Commercial initial distribution

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 (e.g. 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.
 

Indications without name attribution (identifying markers such as the approval number or health mark in accordance with Regulation (EC) 853/2004 for foodstuffs or even the registration number of the LUCID Packaging Register) are not considered name attribution within the meaning of section 3 (9) VerpackG. For this reason, identifying markers that refer to a company other than the one mentioned on the packaging cannot rule out application of section 3 (9) VerpackG on their own. Section 3 (9) VerpackG must be applied if the other requirements are met. 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. In such cases, the ordering party must register and undertake system participation, as applicable, and is considered the producer within the meaning of the Verpackungsgesetz.

Through research, identifying markers can often allow conclusions to be drawn about the company marked. They typically bear no relevance under packaging law. In any case, further steps are required with identifying markers to determine the company marked. For this reason, if the name of the other company is not indicated, identifying markers do not lead to non-applicability of section 3 (9) VerpackG. Identifying markers are required under food law for some foodstuffs in particular to indicate origin, but they bear no relevance under packaging law.
 

Mandatory specification of names owing to other legal provisions that are not related to producer status under packaging law cannot on their own rule out application of section 3 (9) VerpackG. Section 3 (9) VerpackG must be applied if the other requirements are met.

For transparency reasons, however, the legal provision that requires additional names should be specified, e.g.: "Responsible person under the KosmetikV: [name]".

Additional names specified that differ from the producer under packaging law may be mandatory in part owing to legal provisions, e.g. under the Kosmetikverordnung (Cosmetics Ordinance – KosmetikV). They do not lead to non-applicability of section 3 (9) VerpackG if the additional name attribution bears no relevance under packaging law.

Any party who is the first to import packaged goods into Germany, and place them on the German market, is considered an importer and subject to registration. The importer can be

• located outside of Germany, shipping goods to Germany; or
• located in Germany, ordering the shipment.

As a matter of principle, the party who bears legal responsibility for the goods at the time they cross the border is regarded as the 'importer'.

Further information can be found in our knowledge base "Guidance for importers".
 

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

For information about when an item qualifies as packaging and which criteria will be applied when determining packaging status, please see our subject-specific paper 'Delineation between packaging and non-packaging'.

Packaging subject to system participation is retail or grouped packaging filled with goods that typically accumulates as waste with private final consumers after use.

Retail packaging is packaging that typically is filled with goods and offered to final consumers in this form. Service packaging and shipment packaging are also retail packaging.

Service packaging is packaging that is not filled with goods until it reaches the final distributor where it is handed over to the final consumer, e.g. sandwich bags at the bakery, takeaway containers at fast food restaurants, carrier bags, takeaway coffee cups.

Further examples include:

• cups for hot beverages, including lids;
• cups for cold beverages;
• vending machine cups;
• cups for ice cream, milk shakes, spirits, etc.;
• containers and cups for foodstuffs, e.g. soups, smoothies, cereals, popcorn, etc.;
• plates and bowls for soups, combination plates, etc.;
• salad containers, combination meal containers, with or without lids;
• trays and bowls, e.g. for cakes, sausages, salads, chips, etc.;
• combination meal and snack boxes, e.g. lunch boxes, noodle boxes, pizza boxes;
• bags, wrapping, sheets, conical bags, e.g. sandwich bags, thermal bags, wraps, chip bags, etc.;
• produce roll bags, bags, conical bags and wrappings given out in the course of fruit and vegetable retail – in direct sales, weekly markets or in the fruit and vegetable areas of grocery stores;
• bags, sheets, wrappings given out at fresh food counters in stores, artisanal food production businesses or fine food retailers;
• carrier bags of all kinds;
• wrappings and bags given out by laundrettes and dry cleaners;
• netting, flower wrapping, flower foils, wrappings given out by florists, gardening centres or given out with Christmas trees;
• other packaging, including cake doilies, cake toppers, manchettes, carriers, etc.

No. Filling will also be considered to have taken place on the premises of the final distributor if the packaging was not filled directly at the point of sale, but in the nearby vicinity, e.g. in a separate production or work room adjacent to the sales area. The criterion of 'nearby vicinity' is fulfilled if the filling and handing over to the final consumer takes place at the same premises of the final distributor, or up to a few hundred metres from there. It is generally not fulfilled if the filled packaging was transported on a public road between the point of filling and the point of sale / point of handing over to the final consumer. As an example: where packaging is filled centrally and then transported to various branches, 'nearby vicinity' no longer applies. That is to say, the packaging is not classed as service packaging.

Further information about the 'nearby vicinity' criterion can be found in the following informational booklet. FAQ: on 'nearby vicinity' as applies to service packaging

No. Packaging filling may also occur prior to the actual handover to a final consumer. Usually, however, the packaging will be filled at the same time that it is placed onto the German market (handover to the final consumer).

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. Final distributors placing exclusively service packaging on the German market and buying only pre-participated packaging have to register with the LUCID Packaging Register starting 1 July 2022. They will need to confirm the pre-participated nature of the purchase during the registration process. To do so, they have to check the box that says 'Exclusively pre-participated service packaging' when providing details on their packaging types. (Refer to 'What is service packaging?'). Further information can be found in our 'Service packaging' knowledge base.

Final distributors can request that one of the upstream distributors that delivered the unfilled service packaging to them participate this packaging with a dual system. In this situation, the final distributor should make sure that an upstream distributor has indeed fully complied with the system participation requirement. The supplier/wholesaler is required to provide that confirmation. It should also be noted that the final distributor's system participation requirement for other service, retail or grouped packaging remains unaffected. 

Final distributors can also, however, fulfil all of their packaging law obligations themselves: registering with the LUCID Packaging Register, concluding a system participation agreement, submitting data reports on packaging volumes to their chosen system(s) and the LUCID Packaging Register.

Ideally, system participation should be documented by the upstream distributor on the invoice / delivery note so that the final distributor always has comprehensive compliance documentation. Alternatively, the final distributor needs another form of appropriate documentation to provide evidence that the upstream distributor has participated the purchased service packaging with a system, in full.

No, that is not possible. The possibility to pass on the system participation requirement serves to reduce the burden especially for small and medium-sized artisanal food production businesses. In the case of service packaging, they are able to shift the system participation requirement and require an upstream distributor (e.g. the supplier of such packaging) to undertake system participation. However, that party in turn does not have a right to shift the requirement onward.

Shipment packaging enables or facilitates the shipment of goods to final consumers.

Any party who fills the shipment packaging with goods and places it on the German market for the first time bears producer responsibility for it. Because the shipment packaging facilitates the delivery of the goods to final consumers, and therefore typically accumulates as waste with final consumers, it is always considered to be retail packaging. If it typically accumulates with private final consumers, the mail order company is subject to system participation.

Commissioning fulfilment service providers
The amended version of the Verpackungsgesetz (Packaging Act), parts of which entered into force on 3 July 2021, contains specific provisions concerning the responsibility of distributors – including mail order companies and online retailers – regarding shipment packaging where fulfilment service providers are used. These provisions can be found in section 7 (7) and section 3 (14c) VerpackG: 

In accordance with these provisions, fulfilment service providers who fill shipment packaging subject to system participation with goods are not considered producers within the meaning of the Verpackungsgesetz. Instead, the producer is the distributor of the goods who has commissioned the fulfilment service provider. As such, it is the distributor who must register the shipment packaging and ensure its system participation. 

The distributor under obligation pursuant to the Verpackungsgesetz will then have to request the information required for system participation – such as the shipment packaging volumes and material types – from their fulfilment service provider.

Under section 3 (14c) VerpackG, a fulfilment service provider is anyone offering at least two of the following services for distributors in the course of their business activities: warehousing, packing, addressing and dispatching goods over which they have no ownership. Post, parcel delivery or other forwarding agents are not classified as fulfilment service providers.

Since 1 July 2022, fulfilment service providers may only provide their fulfilment services if the commissioning distributor has registered in the Packaging Register and the packaging (shipment and product packaging, as applicable) has participated with a system.

Where imports are concerned, special provisions may apply. Please see our subject-specific paper on imports for more information.
 

All of the packaging material, including filler material, that is placed onto the German market in the process of sending or handing over goods to the final consumer (where it accumulates as waste) is considered shipment packaging and is subject to data reporting and system participation.

Grouped packaging serves to bundle one or more articles of retail packaging and is typically offered along with the retail units to final consumers or is used to stock retail shelves.

If the grouped packaging typically accumulates as waste with private final consumers, it is subject to system participation and registration. 
 

Transport packaging serves to facilitate the transportation of goods between individual distributors, and to prevent damage from occurring during transit. Transport packaging remains at retail shops and is not intended to be handed over along with goods to final consumers. Special return and recovery requirements apply for transport packaging. 

Since 1 July 2022, initial distributors of transport packaging have been required to indicate this packaging type when registering with the LUCID Packaging Register. Producers who had already registered before 1 July 2022, have to undertake a registration amendment to reflect this packaging type. 

If packaging that is meant to facilitate the transportation of goods accumulates with a final consumer, then it is considered to be shipment packaging. This packaging requires the distributor to not only register, but to also participate the packaging in a system if it typically accumulates as waste with private final consumers.

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.
 

A final consumer is someone who does not go on to sell the goods in the form delivered to them. 'Private final consumer' means private households and sources of waste generation comparable to them, in terms of the packaging that typically accumulates there (so-called comparable sources of waste generation).

Examples of comparable sources of waste generation include:

• restaurants, hotels, service stations, canteens;
• administrative offices, barracks, hospitals;
• educational institutions, charitable facilities, freelancer offices;
• cultural sources of waste generation such as cinemas, opera houses, museums;
• leisure sources of waste generation such as holiday facilities, leisure parks, sports stadiums;
• as well as agricultural holdings and craft enterprises where their packaging waste is collected at the rate that is normally associated with private households and in waste bins that do not exceed 1,100 litres each for plastics, metal and composite packaging or paper/paperboard/cardboard.

A list of 'comparable sources of waste generation' can be found in the following document. List of 'comparable sources of waste generation'

Whether packaging 'typically' accumulates as waste with private final consumers depends on a forward-looking assumption (ex ante analysis). It does not depend on whether a specific item of packaging can be proven to have accumulated as waste with a private final consumer; a generalised assessment needs to be made.

If an article of packaging usually accumulates with private final consumers, this is considered to be 'typical'. Whether this is or is not the case should be assessed bearing in mind prevailing practice. To this end, objective criteria should be considered, such as the contents of the packaging (who tends to use the goods), the design of the packaging (e.g. its size, closures, dosage aids) and other features (e.g. content volume, material, weight), as well as the typical distribution channel (e.g. retail stores, wholesalers).

However, it must be noted that not only private households are deemed to be private final consumers within the meaning of the Verpackungsgesetz (Packaging Act), but also sources of waste generation in commercial settings, in the leisure sector and at charitable facilities (refer to 'comparable sources of waste generation') (English link coming soon).

Examples:

• Flour is sold in a 18-kilogram bag to a small bakery. The bakery does not sell the flour in that form; it uses it to bake bread. The bakery is the final consumer of the flour, and the bag is therefore retail packaging.
• A convenience store sells ice lollies. They are delivered in large transport boxes (which in turn hold several smaller boxes containing the ice lollies). The convenience store sells the goods; however only the ice lolly in its immediate packaging is received by the final consumer. The transport box remains at the convenience store, and is therefore deemed transport packaging. The primary packaging around the ice lolly itself is, however, packaging subject to system participation.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) has published  the 'system participation requirement catalogue' containing the classifications of different types of packaging, taking into consideration the criteria mentioned above. This catalogue is an administrative regulation. To receive legal certainty beyond the catalogue, you can apply to the ZSVR to receive a determination about whether a specific article of packaging is subject to system participation.

If there is no registration, then the packaged goods are banned from distribution. This distribution ban also applies to downstream distributors. In addition, a producer who has committed an administrative offence by failing to register may be subject to a fine of up to €100,000.

The register is public and features a search function so that anyone (e.g. clients, competitors, enforcement authorities, systems, and environmental and consumer associations) can check whether an initial distributor of packaging complies with the law. Pursuant to section 9 (4) VerpackG (Packaging Act), the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) must make the following information publicly accessible:

• Name, address and contact details of the producer (in particular postcode and town/city, street address, country and telephone number) as well as VAT number or taxpayer reference number
• Brand names under which the producer places packaging on the German market 

This transparency is the purpose of the public register. In the past, many initial distributors (producers, retailers) have failed to discharge their legal producer responsibility. Other producers have had to bear the cost of these 'free riders'. The register is designed to bring an end to those competitive distortions. In tandem with interventions by the ZSVR as an authority, or by state enforcement authorities, all acting within their respective remits, this makes it possible for market participants to assess or take steps of their own under civil law so as to prevent unfair competitive disadvantages.
 

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) must publish the registered producers, along with the following information:

• registration number (this remains the same, even where changes are reported);
• registration date (reports of any changes will contain the date on which changes were reported);
• name, address and contact details (in particular postcode and town/city, street address, country and telephone number);
• VAT number or taxpayer reference number
• brand names under which the producer places packaging subject to system participation onto the German market.

The public register of producers has a search function. The search function can be used to find the published information set out above. There is no print function within the register of producers. However, the usual technical functions available in browsers (for example) can be used to capture screenshots or download and print out information.

Please see the 'Register excerpt' page, which can be found on this website in the 'LUCID Packaging Register' section.

Registration must be completed before packaging filled with goods is placed on the German market for the first time.

Registration must be completed on the website of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) in LUCID, the electronic data processing system. The Verpackungsgesetz (Packaging Act) has provided for a purely electronic registration process.

Producers/initial distributors file their master data in the LUCID Packaging Register (https://lucid.verpackungsregister.org/Hersteller/Registrierung/Teil-1) and receive a registration number which they then provide to their system in order to enter into a system participation agreement for their packaging that is subject to system participation.

When registering for the first time in the LUCID Packaging Register at https://lucid.verpackungsregister.org/login, the producers/initial distributors set up a login by entering their company name, together with the designated and specific contact person(s) in the company and their respective e-mail address(es).

This contact person must activate the login within 24 hours via an activation link sent in an email, and can then complete the registration processes within seven days by entering additional producer information (see checklist 'The obligations apply to me: What do I have to know before registering?'). Before the producer submits the final application for registration, they will be shown an overview of all the information entered. Once the producer has made the application for registration, the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) will send them an e-mail with their registration number, and an administrative act for registration will automatically be generated and transmitted electronically. The VAT number or taxpayer reference number of the producer will be displayed in the public register.

The registration for initial distributors under obligation is always completed under the designation 'producer' regardless of whether these are manufacturers or retailers/importers, for example. This has to do with the fact that the Verpackungsgesetz (Packaging Act) refers to the party under obligation as a 'producer'.

The LUCID Packaging Register operates exclusively electronically; the Verpackungsgesetz (Packaging Act) expressly provides for this. You need a web-enabled device, desktop or mobile, installed with a browser that is sufficiently up-to-date. Details can be found under 'IT requirements'. Your registration in the LUCID Packaging Register can only be completed online. It cannot be undertaken on paper. As such, we recommend that you check your device's browser settings and use another device if they are not compatible as necessary.

Please see the 'IT requirements' page, which can be found on this website in the 'LUCID Packaging Register' section.  

Registration covers both producers and the brand names of the packaging they place on the German market for the first time. In order to register, the following registration/master data needs to be provided:
 

• Producer name and address. The Verpackungsgesetz (Packaging Act) requires the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) to publish this information.
• VAT number or taxpayer reference number. The Verpackungsgesetz requires the ZSVR to publish this information.
• Brand names under which packaging is placed on the market. The Verpackungsgesetz requires the ZSVR to publish this information.
• Contact information for the producer (phone number, postcode). The Verpackungsgesetz requires the ZSVR to publish this information.
• Name of a designated person / additional contact person where applicable
• National identification number (e.g. commercial register number)
• Declaration of system participation, or declaration of participation in a so-called sector-specific solution
• Declaration that the application is not being made through an appointed third party
• Declaration that the information is true

Due to the broad definition of 'producer' under the Verpackungsgesetz, you can only register as a 'producer', and not as a 'retailer', 'distributor', etc. In addition to this registration, producers must ensure that their packaging that is subject to system participation participates in a system under their registration number. This must also be confirmed during registration. Certain parties under obligation will have the option to participate in a sector-specific solution for some packaging that is subject to system participation.

It is the producer who must submit the application for registration personally. The obligation to provide required information and declarations may not be transferred to a third party pursuant to section 35 (1) VerpackG (Packaging Act). This is intended to prevent third parties from giving incorrect information and false declarations in the producer's name.

In the case of a legal person, it is an authorised person within the company that must act on behalf of that legal person. If there is no individual with sole power of representation, an individual within the company must be granted power of attorney and be named as the authorised person. Depending on the form of business organisation, this could be, for example, a member of a multi-member management board, a managing director, an authorised signatory, authorised agent or individual with sole power of representation. An authorised person within the company could also include an appropriately authorised team leader or a department head. The registration does not need to reflect internal company regulations (dual control principle, approval limits, departmental responsibilities, etc.).
 

The authorised person must bear responsibility for ensuring due and proper registration, particularly with regard to providing accurate declarations. 
 

With the exception of the registration requirement, international producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the VerpackG on their behalf. You can find more information about appointing an authorised representative in our 'Authorising a representative' knowledge base.

Providing a VAT number is not mandatory when registering in LUCID; the taxpayer reference number is sufficient. The primary purpose of the VAT number is to regulate cross-border transactions within the EU for value-added tax reasons. In many countries, as in Germany, this number is different from a regular identification or taxpayer reference number. Anyone without a VAT number will be automatically prompted to enter a taxpayer reference number after indicating accordingly. Companies/businesses generally are assigned a taxpayer reference number that they are required to include in their tax returns and invoices. Small businesses receive a commercial taxpayer reference number that differs from the owner's private taxpayer reference number, once the tax authority has received notification of their business.

For technical reasons, and for reasons related to automated data checks, that is not possible. Please indicate the taxpayer reference number you provide when entering into a contract with a system or marketplace.

Registration requires that brand names be listed under which the party under obligation (e.g. manufacturers, mail order companies, importers) places packaging filled with goods on the German market for the first time – by packaging that is subject to system participation and packaging that is not subject to system participation. If a certain brand name is used both on packaging that is subject to system participation and packaging that is not subject to system participation, both have to be indicated during registration.

If a product has an umbrella brand and additional sub-brands, only the umbrella brand needs to be provided. It does not have to be a registered trademark under trademark law. The brand names of trading goods sourced from within Germany that you simply resell should not be listed. Example: The company Happybiscuits sells shortbread biscuits under the name 'Shorties' and oatmeal biscuits under the name 'Oaties'. The umbrella brand 'Happybiscuits' always appears on the packaging. In this case, only the brand 'Happybiscuits' needs to be registered.
 

Registration does not require information about the following:

• Type designations, article specifications, model descriptions (e.g. headphones A10, headphones A15)
• Package volumes (e.g. 50g, 100g)
• Product descriptions (e.g. headphones, lubricant)

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) must also publish brand names in the public register.

If you place unbranded packaging onto the market, please enter your company name under 'brand name' (not: 'no name', 'no brand', etc.). The issue of unbranded packaging frequently affects establishments such as mail order companies that only register for shipment packaging. Where shipment packaging does not bear any brand name, the name of the mail order company (company name, where applicable, or name of the proprietor) may be listed.

Online retailers are often the producers / initial distributors subject to registration for the shipment packaging only. This is the case where the following requirements apply:

• They sell the products of other producers that have assumed the respective producer responsibility (these producers are initial distributors, and therefore are required to register the relevant brand names).
• They do not import any goods themselves.

If the requirements set out above are met, then the mail order company does not need to include the brand names of the other producers when registering for the shipment packaging.

If the name of the final distributor is printed on the service packaging, then this name should be listed as the brand name. This also applies in situations where a final distributor of service packaging has fully delegated the system participation requirement to an upstream distributor. In these situations, both the upstream distributor and the final distributor of the service packaging have to provide the printed name to the LUCID Packaging Register. Where no name is printed on the service packaging, the principle that applies is that the name of the registered company must be entered as the brand name (or the name of the upstream distributor in the case of delegation).

Use your login credentials to sign in to the LUCID Packaging Register. Click on 'Edit' in the 'Brand names' tile.
 

• Add brand names
  Click the 'Add brand names' button and enter the new brand name. Then click 'Save' or 'Save and add new'. If you have entered both packaging that is subject to system participation and packaging that is not subject to system participation in your packaging details, please note that there still needs to be at least one brand name in each category.
   
• Delete brand names
  Click on the waste bin symbol in the 'Actions' column to the right of the brand that you would like to delete. Confirm the deletion.
   
• Edit brand names
  The name of a brand cannot be changed any more once it has been entered. If you would like to correct a brand name, you first have to delete it and then add the correct brand name. Click on the waste bin symbol in the 'Actions' column to the right of the brand that you would like to delete. Confirm the deletion. Then click the 'Add brand names' button and enter the new brand name. Then click 'Save' or 'Save and add new'.
   
• Re-categorising packaging as subject to system participation or not subject to system participation
  Go to the table of brand names and look for the brand name you would like to re-categorise. Click the editing symbol in the 'Actions' column to the right and assign the brand name to the right category.
   

If you have made all changes, scroll to the bottom and click 'Next'. Review the summary of the information you have entered. Scroll down to the 'Declarations' section, check the boxes and click 'Submit registration changes' to save your changes.
 

The ZSVR will send out an electronic notice (administrative act) for this brand name change. The change will become visible in the public register of producers on the following day.
 

In addition to entering brand names manually, there is also the option of an XML upload. This allows you to enter many brand names at the same time. If you would like to make use of this functionality, please note that all brand names that had been entered up to that point will be overwritten with the upload. Guidelines for the XML upload can be found here: https://www.verpackungsregister.org/en/lucid-packaging-register/guidelines/using-the-xml-interface

Distributors are required to register (foreign) brands where they are classified as the producer / initial distributor of those products in Germany. This typically occurs in the case of imports; if the distributor (wholesaler, retail shop, mail order company or online retailer) bears legal responsibility at the time the border is crossed, the registration requirement applies to the distributor as the producer for the imported products in Germany (as does the system participation requirement).

For associated companies or a group, it is necessary to check who can undertake registration and/or data reporting as the authorised person. Individuals possessing authorisation or power of attorney within a circle of associated companies will qualify as persons within a company, not as third parties. These individuals can also be named as the authorised person for multiple producers within the same circle of associated companies. However, they must set up and provide a dedicated e-mail address for each individual producer. Entering the same e-mail address for multiple producers during the electronic registration process will not be accepted.

Example:

An employee of the parent company is to be the authorised person for three group entities. Three different e-mail addresses need to be set up and entered into the Packaging Register so that they are specific to each producer, such as:

firstname.lastname1@company.com, firstname.lastname2@company.com and firstname.lastname3@company.com, or
packaging1@company.com, packaging2@company.com and packaging3@company.com

The producer/initial distributor must apply to register personally. The information and declarations this requires may not be provided by third parties. Granting power of attorney (or similar authority) to a third party for this purpose is prohibited pursuant to section 35 (1) VerpackG (Packaging Act). Third parties include people such as external agents and brokers, who may not be instructed to act on behalf of a producer. This is intended to prevent third parties from giving incorrect information in the producer's name.

If the producer is a natural person (e.g. a sole trader), they can provide information and make declarations themselves.

In the case of a legal person, an authorised person within the company must act on behalf of that legal person. If there is no individual with with sole power of representation, an individual within the company must be granted power of attorney and be named as the authorised person. Depending on the form of business organisation, this could be, for example, a member of a multi-member management board, a managing director, an authorised signatory, authorised agent or individual with sole power of representation. An authorised person within the company could also include an appropriately authorised team leader or a department head. The registration does not need to reflect internal company regulations (dual control principle, approval limits, departmental responsibilities, etc.).
 

The authorised person must bear responsibility for ensuring due and proper registration, particularly with regard to providing accurate declarations.
 

With the exception of the registration requirement, international producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the VerpackG on their behalf. You can find more information about appointing an authorised representative in our 'Authorising a representative' knowledge base.

Depending on the nature of the change in legal entity, the registration will either remain under the former legal entity, or the producer will need to be re-registered under the new legal entity. It is the responsibility of the new legal entity to check in each individual situation whether producer status has been transferred and whether the new legal entity is required to register pursuant to section 9 VerpackG (Packaging Act). The former legal entity is required to check whether producer status has been retained and the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) must be notified of the change. The deciding factor is whether assets were transferred and whether producer status was also transferred in the process.

When a producer undergoes a change in legal entity and producer status is transferred in the process of transferring assets, it is necessary for the new legal entity to re-register. Naturally this is only required where the new legal entity also places packaging subject to system participation onto the German market.

As the successor, the new legal entity is required to register where the original registration holder (as a legal entity) is dissolved.

A dissolution will be deemed to have occurred in particular in the following circumstances:

• acquisition of the business of a sole trader by a third party;
• merger by way of absorption as defined in section 2 no. 1 UmwG (Transformation Act);
• merger by way of forming a new legal entity through allotment of assets as defined in section 2 no. 2 UmwG;
• split-up as defined in section 123 (1) UmwG;
• full transfer of assets where the company is dissolved without being wound up as defined in 174 (2) no. 1 UmwG; or
• the dissolution of a Kapitalgesellschaft und Co. KG upon the resignation of all the partners.

The registration information may not be entered by third parties. Accordingly, the registration is not transferred automatically to the new legal entity. This is contained in section 35 VerpackG (Packaging Act), pursuant to which third parties may not be appointed to undertake registration under section 9 VerpackG. The administrative act of registration is non-transferable.

Yes, you are required to de-register with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) without delay if the registered party is no longer a producer of packaging subject to system participation under the Verpackungsgesetz (Packaging Act). The ZSVR will delete the data from the Packaging Register published online, three years following the end of the year in which the registration terminates.

It is not necessary to re-register when there is a new legal entity if the original legal personality of the producer is maintained. If no assets are transferred, and it is only the legal form that changes, the registration will remain current and the producer therefore does not need to re-register. This would be the case in particular in the following circumstances:

• change in legal form of a producer of packaging subject to system participation as set out in sections 190 et seqq. UmwG (Transformation Act);
• change in the business name of the producer of packaging subject to system participation as set out in section 31 HGB (Commercial Code).

A change in legal form or a change in business name, however, must always be reported to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR). The new legal entity must include in the report the information affected by the change in each specific case (e.g. the name of the company, national identification number, etc.).

The decisive factor is the producer status of the involved legal entity in each individual case:
If the assets that form the basis for the producer status are transferred to the new legal entity, that new legal entity is required to register pursuant to section 9 VerpackG (Packaging Act). The registration information may not be entered by third parties. Accordingly, the registration is not transferred automatically to the new legal entity. The former legal entity must de-register.

Where it is only assets that do not form the basis for the producer status being transferred, it is not necessary to register under the new legal entity.

The following asset transfers in particular are examples of situations where the involved legal entities must check whether or not producer status has been transferred:

• spin-off as defined in section 123 (2) UmwG (Transformation Act);
• hive-down as defined in section 123 (3) UmwG;
• partial asset transfer as defined in section 174 (2) nos. 2, 3 UmwG;
• sale of assets as part of an asset deal.

In certain cases, producer status can remain partially with the former legal entity whilst also transferring in part to the new legal entity. In such a case, it is the former legal entity that is required to report the change. The new legal entity must re-register with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR).

When producers quit placing packaging filled with goods on the German market (market exit), they must end their registration. This can be accomplished by logging into the LUCID Packaging Register and clicking on 'Edit master data' and then on 'Terminate registration'. The registration will end on the date selected (the earliest date is the date of termination). The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) will confirm the end of the registration to the user electronically via an administrative act. Producers / initial distributors may only place packaging filled with goods on the market if they are properly registered. Any party terminating their registration should therefore be certain that they are no longer placing any packaging filled with goods on the German market.

Registration, data reporting and all the related activities of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) are free of charge for producers/initial distributors. The ZSVR is financed exclusively by approved systems and sector-specific solutions. Independently of this, producers/initial distributors of packaging subject to system participation incur the costs of their packaging participating in the selected system(s), i.e. participation fees for the recovery and recycling of this packaging.

Producers/initial distributors have to submit all the information about packaging subject to system participation that they provided to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) without delay. These are:  

• registration number; 
• material type and mass of the participating packaging; 
• name of the system in which the packaging participates;  
• period of system participation. 

A producer is required to enter into an agreement with a system ('participate in a system') regarding the packaging mass subject to system participation that the producer is planning to place on the German market. At the same time, the exact volumes that the producer reported to the system also need to be submitted to the ZSVR, by entering the information into the LUCID Packaging Register.

The producer's volume reports are always made in duplicate. As soon as a volume report is made to a system, the producer is required to report the same information to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR).

If a producer has contractually agreed to provide a single report to a system per year (regardless of whether it contains planned or actual volumes), they also must report this information to the ZSVR immediately. If the contract with the system includes more frequent reporting (e.g. quarterly or monthly), then the producer must in turn submit more frequent volume reports to the ZSVR. In order to make the process as simple and unbureaucratic as possible, the volume reports can also be transmitted using an XML file.
 

No, the Verpackungsgesetz (Packaging Act) prohibits the instruction of a third party for data reporting. Data reporting must be completed personally by the producer under obligation, or an appropriately authorised contact person in the producer's company. This must also be confirmed with each report.

No. No data reports have to be submitted to the LUCID Packaging Register for packaging that is not subject to system participation. However, packaging not subject to system participation is subject to return and recovery obligations pursuant to section 15 VerpackG (Packaging Act), amongst others. 

The system participation requirement applies to any party who is the first to place retail and/or grouped packaging filled with goods that typically accumulates as waste with private final consumers after use (referred to as 'packaging subject to system participation' in the Act) onto the German market on a commercial basis (referred to as 'producers' in the Act).

A 'producer' in this context means:

• any party who fills and places onto the German market for the first time empty packaging that typically accumulates with private final consumers (initial distributor);
• any party who imports packaged goods into Germany that typically accumulate with private final consumers, and places them here onto the market for the first time (importer); this can be
  • any party located abroad that ships the goods to Germany;
  • any party located in Germany that orders the delivery.

As a general rule: the party who bears legal responsibility for the goods at the time they cross the border is the 'importer'.

• any party in the mail order company sector who fills and places onto the German market for the first time shipment packaging that typically accumulates with private final consumers (mail order companies or online retailers);
• in the case of service packaging, the final distributor of this packaging can also request, as an exception, that the manufacturer / initial distributor of the empty packaging bears the system participation requirement.

A producer is not required to register if they produce packaging and place it onto the German market as empty packaging.

The material meaning of the term 'producer' goes beyond the interpretation of that term found in practice, namely that only the party producing a product is the producer. There are many circumstances under which a retailer/distributor will be classified as a producer, for example:

• retail companies that have a contract manufacturer produce packaged goods, with the packaging bearing only the name of the retail company ( 'Who is considered to be the distributor in the case of own brands retail?');
• retail companies located outside Germany that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border (subject to system participation for primary and shipment packaging);
• retail companies located within Germany that import packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border (subject to system participation for primary and shipment packaging);
• foreign mail order companies that export packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border (subject to system participation for primary and shipment packaging);
• domestic mail order companies that import packaging filled with goods to Germany, and that are legally responsible for the goods at the time they cross the border (subject to system participation for primary and shipment packaging);
• a mail order companythat fills shipment packaging with goods and sends it to final consumers (subject to system participation for the shipment packaging).

In general, online retail is subject to the same provisions as mail order companies ('Examples of 'producers' / initial distributors subject to registration').

'Producers' subject to registration and system participation also include

• online shops located outside of Germany that deliver packaged goods directly to private final consumers in Germany, and
• online retailers located within Germany that take returned products, repair them and send them back to final consumers in their own packaging.

Commissioning fulfilment service providers
The amended version of the Verpackungsgesetz (Packaging Act), parts of which entered into force on 3 July 2021, contains specific provisions concerning the responsibility of distributors – including mail order companies and online retailers – regarding shipment packaging where fulfilment service providers are used. These provisions can be found in section 7 (7) and section 3 (14c) VerpackG: 

In accordance with these provisions, fulfilment service providers who fill shipment packaging subject to system participation with goods are not considered producers within the meaning of the Verpackungsgesetz. Instead, the producer is the distributor of the goods who has commissioned the fulfilment service provider. As such, it is the distributor who must register the shipment packaging and ensure its system participation. 

The distributor under obligation pursuant to the Verpackungsgesetz will then have to request the information required for system participation – such as the shipment packaging volumes and material types – from their fulfilment service provider.

Under section 3 (14c) VerpackG, a fulfilment service provider is anyone offering at least two of the following services for distributors in the course of their business activities: warehousing, packing, addressing and dispatching goods over which they have no ownership. Post, parcel delivery or other forwarding agents are not classified as fulfilment service providers.

Since 1 July 2022, fulfilment service providers may only provide their fulfilment services if the commissioning distributor has registered in the Packaging Register and the packaging (shipment and product packaging, as applicable) has participated with a system.

Where imports are concerned, special provisions may apply. Please see our knowledge base 'Mail order companies and online-retailers' for more information.
 

The statutory registration and system participation requirements do not apply to producers of unfilled packaging. 

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. (Refer to 'What is service packaging?'  and 'What special provisions apply to service packaging?'). Further information can be found in our 'Service packaging' knowledge base.

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

Additional FAQ: nearby vicinity as applies to service packaging
 

Any time a transfer to a third party in the course of business actually occurs, this is considered to be 'placing onto the German market' or 'distribution' within the meaning of the Verpackungsgesetz (Packaging Act). It is immaterial whether the transfer is in exchange for money or not. System participation is required, for example, for sample goods or giveaways or other complementary transfers of packaged goods, as long as this occurs as part of the practice or promotion of a commercial activity. This includes every transfer that occurs in the course of product distribution. The critical factor is that a third party takes possession of the packaging.

Anyone who has registered or has to register their self-employment as a business, or anyone who generates income from commercial activities, independent work or agriculture and forestry within the meaning of German income tax law, is operating commercially within the meaning of the Verpackungsgesetz (Packaging Act). Even an individual who claims losses against taxes owing to their activity or computes profit from agriculture and forestry on the basis of average rates (section 13a (6) EStG (Income Tax Act)) is operating commercially.

Further information can be found in our informational booklet on commercial placing onto the German market. FAQ: Commercial placing onto the German market​​​​​​​

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 (e.g. 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.

Indications without name attribution (identifying markers such as the approval number or health mark in accordance with Regulation (EC) 853/2004 for foodstuffs or even the registration number of the LUCID Packaging Register) are not considered name attribution within the meaning of section 3 (9) VerpackG. For this reason, identifying markers that refer to a company other than the one mentioned on the packaging cannot rule out application of section 3 (9) VerpackG on their own. Section 3 (9) VerpackG must be applied if the other requirements are met.

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

Through research, identifying markers can often allow conclusions to be drawn about the company marked. They typically bear no relevance under packaging law. In any case, further steps are required with identifying markers to determine the company marked. For this reason, if the name of the other company is not indicated, identifying markers do not lead to non-applicability of section 3 (9) VerpackG. Identifying markers are required under food law for some foodstuffs in particular to indicate origin, but they bear no relevance under packaging law.
 

Mandatory specification of names owing to other legal provisions that are not related to producer status under packaging law cannot on their own rule out application of section 3 (9) VerpackG. Section 3 (9) VerpackG must be applied if the other requirements are met.

For transparency reasons, however, the legal provision that requires additional names should be specified, e.g.: "Responsible person under the KosmetikV: [name]".

Additional names specified that differ from the producer under packaging law may be mandatory in part owing to legal provisions, e.g. under the Kosmetikverordnung (Cosmetics Ordinance – KosmetikV). They do not lead to non-applicability of section 3 (9) VerpackG if the additional name attribution bears no relevance under packaging law.

Any party who imports packaged goods that typically accumulate with private final consumers into Germany and places them on the market here for the first time is subject to registration and system participation. Importers may be:

• located outside of Germany, shipping goods to Germany; or
• located in Germany, ordering the shipment.

As a matter of principle, the party who bears legal responsibility for the goods at the time they cross the border is regarded as the 'importer'.

Further information can be found in our knowledge base 'Guidance for importers'.
 

For information about when an item qualifies as packaging and which criteria will be applied when determining packaging status, please see our subject-specific paper 'Delineation between packaging and non-packaging'.

Packaging subject to system participation is retail or grouped packaging filled with goods that typically accumulates as waste with private final consumers after use.

Retail packaging is packaging that typically is filled with goods and offered to final consumers in this form. Service packaging and shipment packaging are also retail packaging.

Service packaging is packaging that is not filled with goods until it reaches the final distributor where it is handed over to the final consumer, e.g. sandwich bags at the bakery, takeaway containers at fast food restaurants, carrier bags, takeaway coffee cups.

Further examples include:

• cups for hot beverages, including lids;
• cups for cold beverages; 
• vending machine cups;
• cups for ice cream, milk shakes, spirits, etc.;
• containers and cups for foodstuffs, e.g. soups, smoothies, cereals, popcorn, etc.;
• plates and bowls for soups, combination plates, etc.;
• salad containers, combination meal containers, with or without lids;
• trays and bowls, e.g. for cakes, sausages, salads, chips, etc.;
• combination meal and snack boxes, e.g. lunch boxes, noodle boxes, pizza boxes;
• bags, wrapping, sheets, conical bags, e.g. sandwich bags, thermal bags, wraps, chip bags, etc.;
• produce roll bags, bags, conical bags and wrappings given out in the course of fruit and vegetable retail – in direct sales, weekly markets or in the fruit and vegetable areas of grocery stores;
• bags, sheets, wrappings given out at fresh food counters in stores, artisanal food production businesses or fine food retailers;
• carrier bags of all kinds;
• wrappings and bags given out by laundrettes and dry cleaners;
• netting, flower wrapping, flower foils, wrappings given out by florists, gardening centres or given out with Christmas trees;
• other packaging, including cake doilies, cake toppers, manchettes, carriers, etc.

No. Filling will also be considered to have taken place on the premises of the final distributor if the packaging was not filled directly at the point of sale, but in the nearby vicinity, e.g. in a separate production or work room adjacent to the sales area. The criterion of 'nearby vicinity' is fulfilled if the filling and handing over to the final consumer takes place at the same premises of the final distributor, or up to a few hundred metres from there. It is generally not fulfilled if the filled packaging was transported on a public road between the point of filling and the point of sale / point of handing over to the final consumer. As an example: where packaging is filled centrally and then transported to various branches, 'nearby vicinity' no longer applies. That is to say, the packaging is not classed as service packaging.

Further information about the 'nearby vicinity' criterion can be found in the following informational booklet. FAQ: on 'nearby vicinity' as applies to service packaging (English link coming soon.)

No. Packaging filling may also occur prior to the actual handover to a final consumer. Usually, however, the packaging will be filled at the same time that it is placed onto the German market (handover to the final consumer).

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. Final distributors placing exclusively service packaging on the German market and buying only pre-participated packaging have to register with the LUCID Packaging Register starting 1 July 2022. They will need to confirm the pre-participated nature of the purchase during the registration process. To do so, they have to check the box that says 'Exclusively pre-participated service packaging' when providing details on their packaging types. (Refer to 'What is service packaging?') Further information can be found in our 'Service packaging' knowledge base.

Final distributors can request that one of the upstream distributors that delivered the unfilled service packaging to them participate this packaging with a dual system. In this situation, the final distributor should make sure that an upstream distributor has indeed fully complied with the system participation requirement. The supplier/wholesaler is required to provide that confirmation. It should also be noted that the final distributor's system participation requirement for other service, retail or grouped packaging remains unaffected. 

Final distributors can also, however, fulfil all of their packaging law obligations themselves: registering with the LUCID Packaging Register, concluding a system participation agreement, submitting data reports on packaging volumes to their chosen system(s) and the LUCID Packaging Register.
 

Ideally, system participation should be documented by the upstream distributor on the invoice / delivery note so that the final distributor always has comprehensive compliance documentation. Alternatively, the final distributor needs another form of appropriate documentation to provide evidence that the upstream distributor has participated the purchased service packaging with a system, in full.

No, that is not possible. The Verpackungsgesetz (Packaging Act) is intended in particular to be favourable to small artisanal food production businesses, small takeaway food providers and small distributors. They are able to shift the system participation requirement and require a wholesaler or manufacturer to undertake system participation. However, that party in turn does not have a right to shift the requirement onward. Rather, the wholesaler or manufacturer assumes the responsibilities of the 'producer' not only in terms of system participation, but also with regard to volume reporting to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR).

Shipment packaging enables or facilitates the shipment of goods to final consumers.

Any party who fills the shipment packaging with goods and places it onto the German market for the first time bears producer responsibility for it. Because the shipment packaging facilitates the delivery of the goods to final consumers, and therefore typically accumulates as waste with final consumers, it is always considered to be retail packaging. If it typically accumulates with private final consumers, the mail order company is subject to system participation.

Commissioning fulfilment service providers
The amended version of the Verpackungsgesetz (Packaging Act – VerpackG), parts of which entered into force on 3 July 2021, contains specific provisions concerning the responsibility of distributors – including mail order companies and online retailers – regarding shipment packaging where fulfilment service providers are used. These provisions can be found in section 7 (7) and section 3 (14c) VerpackG:
In accordance with these provisions, fulfilment service providers who fill shipment packaging subject to system participation packaging with goods are not considered producers within the meaning of the Verpackungsgesetz. Instead, the producer of the shipment packaging is the distributor of the goods who has commissioned the fulfilment service provider. As such, it is the distributor who must register the shipment packaging and ensure its system participation.
The distributor under obligation pursuant to the Verpackungsgesetz will then have to request the information required for system participation – such as the shipment packaging volumes and material types – from their fulfilment service provider. Under section 3 (14c) VerpackG, a fulfilment service provider is anyone offering at least two of the following services for distributors in the course of their business activities: warehousing, packing, addressing and dispatching goods over which they have no ownership. Post, parcel delivery or other forwarding agents are not classified as fulfilment service providers.
Starting 1 July 2022, fulfilment service providers will only be able to provide their fulfilment services if the commissioning distributor has registered in the Packaging Register and the packaging (shipment and product packaging, as applicable) has participated with a system.
Where imports are concerned, special provisions may apply. Please see our subject-specific paper on imports for more information.

All of the packaging material, including filler material, that is placed onto the German market in the process of sending or handing over goods to the final consumer (where it accumulates as waste) is considered shipment packaging and is subject to data reporting and system participation.

Grouped packaging serves to bundle one or more articles of retail packaging and is typically offered along with the retail units to final consumers or is used to stock retail shelves.

If the grouped packaging typically accumulates as waste with private final consumers, it is subject to system participation and therefore also registration. This is a clarification contained in the Verpackungsgesetz (Packaging Act) vis-à-vis the Verpackungsverordnung (Packaging Ordinance).

Transport packaging serves to facilitate the transportation of goods between individual distributors, and to prevent damage from occurring during transit. Transport packaging remains at retail shops and is not intended to be handed over along with goods to final consumers. Special return and recovery requirements apply for transport packaging. Since 1 July 2022, initial distributors of transport packaging have been required to indicate this packaging type when first registering with the LUCID Packaging Register. Producers who had already registered before 1 July 2022 have to undertake a registration amendment to reflect this packaging type. If packaging that is meant to facilitate the transportation of goods accumulates with a final consumer, then it is considered to be shipment packaging. This packaging requires the distributor to not only register, but to also participate the packaging in a system if it typically accumulates as waste with private final consumers.

A final consumer is someone who does not go on to sell the goods in the form delivered to them.

'Private final consumer' means private households and sources of waste generation comparable to them, in terms of the packaging that typically accumulates there.

Examples of comparable sources of waste generation include:

• restaurants, hotels, service stations, canteens;
• administrative offices, barracks, hospitals;
• educational institutions, charitable facilities, freelancer offices;
• cultural sources of waste generation such as cinemas, opera houses, museums;
• leisure sources of waste generation such as holiday facilities, leisure parks, sports stadiums;
• as well as agricultural holdings and craft enterprises where their packaging waste is collected at the rate that is normally associated with private households and in waste bins that do not exceed 1,100 litres each for plastics, metal and composite packaging or paper/paperboard/cardboard.

A list of 'comparable sources of waste generation' can be found in the following document. List of 'comparable sources of waste generation'

(cf. 'What is reusable packaging?', 'What defines non-reusable packaging subject to deposit? Which packaging components are not subject to system participation?')

The Verpackungsgesetz (Packaging Act) defines reusable packaging as follows:
'Packaging that is designed and intended to be used multiple times for the same purpose and whose actual return and reuse is facilitated by suitable logistics, and encouraged by an appropriate incentive system, usually a deposit.'

All of these constituent elements must be satisfied cumulatively; even the appropriate incentive system is mandatory. Where a producer/distributor sells exclusively reusable packaging, the system participation and recovery requirements do not apply to them.

Yoghurt jar example:
The jars are sold in a shop with a deposit (incentive system). The distributor accepts their return (actual return) and delivers them back to the filling party (reverse logistics). The filling party then cleans the jars, re-fills them with their product and again sells the filled jar to the distributor, who offers the yoghurt jar for sale to consumers (reuse). In this situation, all of the elements are satisfied; the packaging is reusable packaging.
Since 1 July 2022, initial distributors of reusable packaging have been required to indicate this packaging type when first registering with the LUCID Packaging Register. Producers who had already registered before 1 July 2022 have to undertake a registration amendment to reflect this packaging type.
 

Single-use beverage packaging subject to deposit refers to sealed or largely sealed packaging (e.g. not coffee cups with a to-go lid) for liquid foodstuffs (section 3 (2) VerpackG), which is not defined as reusable packaging (cf. 5.1 'What is reusable packaging?').


Exemptions from the deposit obligation:
 

(1) Certain single-use beverage packaging is expressly exempt from the deposit obligation due to its volume. The exemption applies to packaging with a volume of less than 0.1 and more than 3.0 litres.

(2) Certain single-use beverage packaging is expressly exempt from the deposit obligation due to its design. Exemptions apply exhaustively to square, gable-top or cylindrical beverage cartons, or tubular bags for beverages made from polyethylene, or foil stand-up pouches.
 

(3) Certain single-use beverage packaging is expressly exempt from the deposit obligation due to its contents (cf. section 31 (4) no. 7 VerpackG), with beverage cans always being subject to deposit regardless of their contents. With few exceptions, this also applies to single-use plastic bottles for beverages (cf. Overview of key amendments of the extended deposit obligation starting January 2022 (verpackungsregister.org)).

(4) The exemption from the deposit obligation also applies to single-use beverage packaging for which it can be documented that its sole purpose is to be handed over to final consumers outside of Germany (exports).
 

Single-use beverage packaging subject to deposit must participate in the DPG's deposit scheme (DPG Deutsche Pfandsystem GmbH, dpg-pfandsystem.de) (section 31 (1) VerpackG); it is not subject to system participation (section 12 VerpackG). This exemption from the system participation requirement applies to packaging aids for closing the single-use beverage packaging subject to deposit, such as screw caps, lids and crown caps. The exemption from the system participation requirement also applies to the labels of single-use beverage packaging subject to deposit, since they are considered to be components of the beverage packaging.
 

However, grouped packaging and retail packaging with a bundling function may be subject to system participation, even if the single-use beverage packaging subject to deposit covered itself is not. This includes, for example, bundling foil, trays, cartons, and bottle crates / bottle carriers (cf. 'When is packaging considered to 'typically' accumulate as waste with private final consumers?'). However, such packaging itself may be defined as reusable packaging (e.g. bottle crates), provided it fulfils the respective requirements (cf. 'What is reusable packaging?').
 

The ZSVR's decisions on the classification of single-use beverage packaging as subject to deposit can be found at: https://www.verpackungsregister.org/en/foundation-authority/classification-decisions/beverage-packaging-deposit.

Since 1 July 2022, initial distributors of single-use beverage packaging subject to deposit have been required to indicate this packaging type when first registering with the LUCID Packaging Register. Producers who had already registered before 1 July 2022, have to undertake a registration amendment to reflect this packaging type.

Whether packaging 'typically' accumulates as waste with private final consumers depends on a forward-looking assumption (ex ante analysis). It does not depend on whether a specific item of packaging can be proven to have accumulated as waste with a private final consumer; a generalised assessment needs to be made.

If an article of packaging usually accumulates with private final consumers, this is considered to be 'typical'. Whether this is or is not the case should be assessed bearing in mind prevailing practice. To this end, objective criteria should be considered, such as the contents of the packaging (who tends to use/consume the goods), the design of the packaging (e.g. its size, closures, dosage aids) and other features (e.g. content volume, material, weight), as well as the typical distribution channel (e.g. retail stores, wholesalers).

However, it must be noted that not only private households are deemed to be private final consumers within the meaning of the Verpackungsgesetz (Packaging Act), but also sources of waste generation in commercial settings, in the leisure sector and at charitable facilities (cf. 'comparable sources of waste generation').

Examples:

• Flour is sold in a 15-kilogram bag to a small bakery. The bakery does not sell the flour in that form; it uses it to bake bread. The bakery is the final consumer of the flour, and the bag is therefore retail packaging.
• A convenience store sells ice lollies. They are delivered in large transport boxes (which in turn hold several smaller boxes containing the ice lollies). The convenience store sells the goods; however only the ice lolly in its immediate packaging is received by the final consumer. The transport box remains at the convenience store, and is therefore deemed transport packaging. The primary packaging around the ice lolly itself is, however, packaging subject to system participation.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) has published he 'system participation requirement catalogue' containing the classifications of different types of packaging, taking into consideration the criteria mentioned above. This catalogue is an administrative regulation.

It is possible to apply to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) for a determination about the system participation requirement for a specific packaging. Individual applications will be decided in the form of an administrative act. Please note, however, that the system participation requirement catalogue will answer the most frequently asked classification questions. The catalogue is published as an administrative regulation, and therefore is material for determining the system participation requirement. If you are planning to make an application, please familiarise yourself with the fact sheet and the application forms to find out about the specific requirements. This facilitates processing and avoids delays (application procedure).

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 ('What is 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.

The option to use a sector-specific solution instead of system participation provided for in the Verpackungsgesetz (Packaging Act) is a very narrowly regulated exception to system participation. It only comes into consideration for packaging that accumulates as waste with comparable sources of waste generation. For packaging waste at private households it is not an option.

The key requirements are the following:

• The goods are delivered to a so-called 'comparable source of waste generation' (section 3 (11) VerpackG (Packaging Act)), such as restaurants, barracks, administrative offices.
• The sources of waste generation are supplied directly or via intermediary distributors, and documentation of this can be provided.
• Regular return of the packaging occurs at these sources of waste generation free of charge.
• There is written confirmation of all serviced sources of waste generation, showing their integration in the collection structure.
• A written certification from a registered expert shows that the serviced sources of waste generation are integrated in a free-of-charge collection structure and the returned packaging is recovered pursuant to the requirements of section 16 (1)-(3) VerpackG, in particular with regard to the recycling quotas stipulated.

Further requirements include:

• notifying the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) of the sector-specific solution before the sector-specific solution begins;
• notifying the ZSVR of all material changes to the sector-specific solution;
• providing a volume flow record annually that complies with the requirements of the Verpackungsgesetz, and a corresponding certification from a registered expert.

If these requirements of the Verpackungsgesetz are not met, the packaging continues to be fully subject to system participation. Non-compliance constitutes an administrative offence and the packaging will be subject to a distribution ban.

Where system participation has not occurred, the products with the relevant packaging are subject to a distribution ban, which also applies to each downstream distributor. In addition, a producer who has committed an administrative offence by failing to undertake system participation may be subject to a fine of up to EUR 200,000.

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.

For information about the admissibility of retrospective deductions undertaken by a retailer/redistributor for 'independent' and/or 'unplanned' exports, please see 8.8.

System participation must be undertaken with one or more systems approved by the competent state authorities that ensure the nationwide, regular and free-of-charge return of used packaging for private final consumers. If a system ceases to be approved, system participation will no longer be possible once the approval has ended. The same applies before a system is approved.

A list of approved systems can be found here.

In Germany, certain packaging is required to participate in a system. This includes retail, grouped and shipment packaging. The company that is the first to hand over – to third parties in Germany – retail and/or grouped packaging that is filled with goods and typically accumulates as waste with private final consumers (i.e. private households or comparable sources of waste generation), for the purpose of distribution, consumption or use is responsible for fulfilling this system participation requirement. 

To fulfil the system participation requirement, the companies under obligation (defined as 'producers' in the Verpackungsgesetz (Packaging Act)) have to enter into a 'system participation agreement' with one or more system(s). They are required to indicate the material type, along with the mass of the packaging and the registration number the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) assigned to them in the LUCID Packaging Register. Furthermore, when companies under obligation report packaging volumes to their system, they have to submit the exact same data report to the LUCID Packaging Register. The first such data report has to be submitted when the system participation agreement is entered into. The system participation fee serves to pay for nationwide packaging collection, sorting and recycling.

In addition to the packaging itself, the Verpackungsgesetz (Packaging Act) requires producers to participate all components and aids whose purpose is typical of packaging. Examples include labels, adhesive tape, closures as well as all filler material. As these components protect, enable handling and presentation of goods, they serve a packaging purpose.

No, the Verpackungsgesetz (Packaging Act) does not contain a de minimis threshold with regard to the system participation requirement. The only place that one does exist is in the context of the requirement to submit a declaration of completeness ('Who has to submit declaration of completeness?')

Yes; however they must provide all the declarations that the individual producer is also required to provide. They can only undertake system participation for the producer, using the latter's registration number, so that the system in turn can fulfil its obligations to the specific producer.

The data reporting of the party under obligation in the LUCID Packaging Register remains unaffected by this. The parties under obligation must undertake the reporting themselves and with regards to the approved system that was appointed by the third party. Data reporting related to third parties is prohibited.

Yes, but it must be noted that an appointed third party must report the producer information to the system, including the respective registration number, with specific volumes per producer. Furthermore, the system operator must also confirm the volumes (per material type) that underwent system participation, to every party under obligation and without delay. These legal provisions change the activities of third parties / brokers vis-à-vis the situation under the Verpackungsverordnung (Packaging Ordinance). System participation by an appointed third party can only take place in concrete terms with reference to a specific registration number, i.e. it cannot be done in advance in relation to abstract volumes or a volume package for multiple producers. It must also be ensured that the producer receives confirmation from the relevant system operator.

The data reporting of the party under obligation in the LUCID Packaging Register remains unaffected by this. The parties under obligation must undertake the reporting themselves and with regards to the approved system that was appointed by the third party. Data reporting related to third parties is prohibited.

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.

The declaration of completeness is an instrument that was provided for in the Verpackungsverordnung (Packaging Ordinance) to enhance transparency regarding packaging placed onto the German market. The main goal of the provision is to make the producers of packaging subject to system participation fully and accurately accountable for their system participation requirement. The declaration of completeness must contain entries detailing the material types and masses of all the retail and grouped packaging placed onto the German market in the previous calendar year, including those that accumulate as waste in industrial or large commercial enterprise settings after use. The declaration of completeness must be audited and confirmed by a registered expert, or by a registered auditor, tax adviser or sworn accountant.

Producers are required to submit a declaration of completeness for the previous year once the packaging subject to system participation placed on the German market in the previous calendar year reaches or exceeds at least one of the following three volume thresholds, or if an administrative order for submission of a declaration of completeness is issued.

List of packaging volume thresholds that trigger a requirement to submit a declaration of completeness: 

• Glass: 80,000 kg
• Paper, paperboard, cardboard (PPC) in total: 50,000 kg
• Ferrous metals + aluminium + plastics + beverage cartons + other composites (lightweight packaging) in total: 30,000 kg
   

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) and the competent state enforcement authorities also have the power to require at any time that a declaration of completeness be provided, even if the thresholds are not reached.

The declaration of completeness must be submitted electronically, along with the audit confirmation and the related audit report provided by registered auditor, to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) in LUCID. You can also use LUCID to find registered auditors in the ZSVR's register of auditors. Further information about filing and the qualified electronic signature, as well as the technical process for filing the declaration of completeness, can be found in the 'declaration of completeness technical guidelines'.

The declaration of completeness contains entries detailing

• the material type and mass of all the packaging subject to system participation placed onto the German market for the first time in the previous calendar year;
• the material type and mass of all retail packaging and grouped packaging filled with goods that was placed onto the German market for the first time in the previous calendar year and that typically does not accumulate as waste with a private final consumer;
• participation of the packaging subject to system participation placed onto the German market for the first time in the previous calendar year in one or more system(s);
• the material type and mass of all packaging returned through one or more sector-specific solution(s) in the previous calendar year pursuant to section 8 VerpackG;
• the material type and mass of all the packaging returned in the previous calendar year pursuant to section 7 (3) VerpackG;
• fulfilment of recovery requirements for the retail and grouped packaging returned pursuant to section 15 (1) no. 2 in the previous calendar year;
• fulfilment of recovery requirements for packaging returned pursuant to section 7 (3) during the previous calendar year.

The information must be reviewed and verified by a registered auditor. The auditing and confirmation process is based on the 'declaration of completeness audit guidelines' on auditing and confirming declarations of completeness pursuant to section 11 VerpackG (Audit guidelines).

The declaration of completeness for the previous year must be submitted by 15 May. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the end of the next business day. Where the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register Verpackungsgesetz – ZSVR) or state enforcement authorities order that a declaration of completeness be submitted, the order will stipulate the deadline that must be complied with.

The Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) includes experts, auditors, tax advisers and sworn accountants who indicate to the ZSVR their intention to conduct the audits provided for by the Verpackungsgesetz (Packaging Act) in a register of auditors, and publishes this register on the internet.

Experts must register individually for technical reasons; it is not possible to register organisations of experts. The essential registration requirements are set out in section 27 VerpackG. In addition to the master data needed for registration, suitable evidence of the auditor's professional certification is required. This has to be uploaded during the registration process. It is not sufficient to upload an authorisation for a firm of auditors; documentation for a specific auditor is required. Once the information and the evidence has been verified by the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR), the registration will be approved. This may take a few business days to complete.

The Stiftung Zentrale Stelle Verpackungsregister (Foundation Central Agency Packaging Register – ZSVR) collaborates annually with the German Environment Agency to create a minimum standard for determining the recyclability of packaging. As part of this, the different packaging material types and the individual recovery paths need to be taken into account. The important thing is that the specific practice of sorting and recovery has to be accounted for. Theoretical recyclability is not sufficient to be considered when determining recyclability.

The aim of the provisions of section 21 VerpackG (Packaging Act) is to use graded fee structures for systems – to create incentives for producers to improve the general recyclability and the share of recyclates and renewable resources in packaging.

The target audience for the minimum standards is first and foremost the systems, but also (indirectly) producers / initial distributors. The systems are required to take account of recycling-friendly design when determining their participation fees. It is the systems' responsibility to determine packaging recyclability and to establish financial incentives. They have to classify how recycling-friendly a packaging's design is against the backdrop of the minimum standard, and to decide on financial incentives through participation fees. The systems are required to report information about the implementation of the provisions of section 21 VerpackG (Packaging Act) to the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR) every year.

No, that is not provided for in the Verpackungsgesetz (Packaging Act).