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A level playing field is key if we want to protect our environment. Companies must ensure that their packaging harms the environment as little as possible. This is referred to as assuming 'producer responsibility', which governed by the Verpackungsgesetz (Packaging Act). Where packaging cannot be prevented, all market players that distribute packaged goods must be registered with the LUCID Packaging Register. Another factor is that 'high-quality' recycling of packaging waste is only possible in a financially sound market. That is why you are required to pay for the recycling of your retail, grouped or shipment packaging that is subject to system participation by concluding a 'system participation agreement' with a system operator.
The Verpackungsgesetz (Packaging Act) defines private final consumers as private households and comparable sources of waste generation such as restaurants, hotels, hospitals, canteens, amusement parks, garden centres, laundries, libraries and schools. This also includes craft enterprises and agricultural holdings where packaging waste is collected at the rate that is normally associated with private households at 14-day intervals and in a waste bin that does not exceed 1,100 litres per collection group. A list of of comparable sources of waste generation can be found here.
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 (for example its size, closures, dosage aids) and other features (for example content volume, material, weight), as well as the typical distribution channel (for example 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.
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 generates income from commercial activities, independent work or agriculture and forestry within the meaning of German income tax law is considered to be operating commercially under the Verpackungsgesetz (Packaging Act).
This includes individuals who claim tax losses from their activities or calculate profit from agriculture and forestry based on average rates (section 13a (6) EStG (Income Tax Act) (see below).
If the goal of an activity is to generate a profit or if income is actually generated, the activity is considered a commercial activity under the Verpackungsgesetz. However, an activity that is not gainful can still be considered commercial if it is connected to an economic activity. For example, distributing promotional items free of charge as part of an economic activity is considered commercial.
In borderline cases, especially when it comes to economic activities on the market or planned practice and long-term focus, the objective standards of German income tax law may be applied. Activities that are considered pastimes or hobbies from a tax perspective, and that must not or do not have to be recognised in tax returns, are non-commercial within the meaning of the Verpackungsgesetz. However, anyone claiming or wanting to claim losses against taxes from their activity is always considered to be acting commercially under the Verpackungsgesetz.
Even small and micro businesses have packaging law obligations to fulfil if they act commercially. The quick start guide I want to know if I have obligations and how to fulfil them can help you learn more.
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, for example: "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.
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.
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.
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.
You need to enter a VAT number or taxpayer reference number to register with the LUCID Packaging Register.
Please check yourself what national identification number corresponds to the German VAT number or taxpayer reference number. The following information will help you:
The primary purpose of the VAT number is to regulate cross-border transactions within the EU for value-added tax reasons. In many countries (e.g. in Germany) this number is different from a regular identification or taxpayer reference number. If you do not have a VAT number, please indicate this when registering with the LUCID Packaging Register. You will then be automatically prompted to enter a taxpayer reference number.
The taxpayer reference number is the number that the tax authority assigns to every taxable natural or legal person. It is uniquely assigned to one single taxable person. Companies generally are assigned a taxpayer reference number that they are required to include in their tax returns and invoices.
Are you sure that neither a VAT number nor a taxpayer reference number is assigned to your company? If that is the case, please enter your personal taxpayer reference number.
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
Whether you need to register depends on whether your branch is legally independent (which is usually the case if it is registered in the commercial register). If your branch is legally independent, it must have its own registration with the LUCID Packaging Register. Moreover, you have to check whether you have additional packaging law obligations obligation to fulfil (system participation and filing volume reports on packaging volumes with the system operator and the LUCID Packaging Register). To learn more about the obligations, check the information under system participation and data reporting.
Companies under obligation are called producers in the Verpackungsgesetz (Packaging Act). The law essentially defines producer as any party who is the first to fill packaging with goods and place it on the German market on a commercial basis.
This is usually the party producing and packaging the product.
It may also be retail companies that distribute own brands if the packaging is filled by a third party on the retail company's behalf before being handed over to the retail company and if the packaging bears only the name and/or brand of the retail company.
Importers are also producers if they bear legal responsibility for the goods at the time they cross the border.
Mail order companies and online retailers that fill shipment packaging with goods for the first time also count as producers.
Every company that is a producer under the Verpackungsgesetz must register with the LUCID Packaging Register. If the company distributes its goods in packaging subject to system participation on the German market (retail, grouped and/our shipment packaging), the company must also pay for that packaging's recycling. To do so, the company has to conclude a system participation agreement with a system operator and regularly report its packaging volumes to both its system operator and the LUCID Packaging Register (data reporting).
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 (for example 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.
Every producer must submit their application for registration personally. Section 35 (1) VerpackG states that the obligation to provide the required information and declarations may not be transferred to a third party. Third parties include people such as authorised representatives, external agents and brokers. This is a situation where they may not be instructed to act on behalf of a producer. This is to prevent third parties from giving incorrect information in the producer's name. Where a legal person is concerned, an authorised person within the company must act on its behalf. If there is no individual with sole power of representation, an individual within the company must be named as the authorised person. Depending on the form of business organisation, this could be a member of a multi-member management board, a managing director or another authorised officer or signatory. An authorised person within the company could also include an appropriately authorised team leader or a department head.
The authorised person must bear responsibility for ensuring due and proper registration, particularly with regard to providing accurate declarations.
International producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the Verpackungsgesetz (Packaging Act) on their behalf. This does not apply, however, to the registration requirement. Further information can be found in our knowledge base dedicated to authorising a representative.
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.
System participation must occur in one or more systems licensed by the responsible state authority. This ensures that private final consumers across Germany can regulary return their used packaging free of charge. If a system's licence expires, system participation is no longer possible through that system. The same applies before a system is licensed. Effective system participation with a given system operator requires that the system has started operating by the date of licensing.
Click here for an overview of system operators.
Yes.
While the system participation requirement pursuant to the Verpackungsgesetz (Packaging Act) and the payment obligation pursuant to the Einwegkunststofffondsgesetz (Single-Use Plastic Fund Act) apply to the same object, they operate independently. Each regulation has its own reference points, content and goals, and they function side by side without affecting one another.
Specifically, system participation fees are used to fund the kerbside collection and recovery of packaging, while the single-use plastic fee helps cover the costs of recovering single-use plastic products from public spaces. These fees cannot be offset against each other, nor can volumes be deducted from one fee to reduce the other.
Retrospective deductions pursuant to section 7 (3) VerpackG (Packaging Act) are permitted if the packaging that has participated with a system cannot be handed over to final consumers due to damage or unsaleability and the producer has taken the packaging back and transferred it for recovery as per section 16 (5) VerpackG. In such cases, the return and recovery must be clearly documented. If these conditions are met and the system participation fees have been refunded, the packaging is no longer considered to have been placed on the market.
However, if the packaging has already been handed over to a final consumer – for example through mail order – then no refund is possible.
If retailers or redistributors decide on their own to export the packaging, without the packaging's producer having planned for the packaging to be exported, this may also qualify for a retrospective exemption from the system participation requirement pursuant to section 12 (1) VerpackG if i) strict legal criteria are met and ii) it can be evidenced that the packaging that has participated with a system was never handed over to final consumers in Germany, which is where the Verpackungsgesetz applies.
The export must always be clearly documented by the initial distributor or producer. Even if all conditions are met, there is no legal right to a refund from the system for a system participation fee that has already been paid.
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.
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.
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.
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 (for example the supplier of such packaging) to undertake system participation. However, that party in turn does not have a right to shift the requirement onward.
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.
The company under obligation under the Verpackungsgesetz (Packaging Act) must itself submit the data report to the LUCID Packaging Register.
There is an exception for international companies without a branch in Germany (for example companies located in China, the UK, the USA, Poland or Italy): if such a company has appointed an authorised representative to fulfil its obligations under packaging law, the authorised representative must submit the data report for the party under obligation. In this case, all the international company has to do is register with the LUCID Packaging Register and enter its authorised representative.
The obligation to report data about packaging volumes applies to companies that place packaging subject to system participation on the German market. Packaging subject to system participation includes retail, grouped and shipment packaging.
That means that if you exclusively place packaging on the German market that is not subject to system participation (for example transport packaging, reusable packaging and single-use beverage packaging subject to deposit), you do not have to submit data reports about your packaging volumes. An exception applies to declarations of completeness: declaring volumes of industrial retail and grouped packaging is mandatory.
Packaging that is not subject to system participation does not have to participate with a system. But recovery, return and documentation obligations do apply; these obligations are set out in section 15 VerpackG (Packaging Act).
Good to know: if your information in the LUCID Packaging Register states that you exclusively place packaging not subject to system participation on the German market, LUCID will not let you file a data report.
In this case, you first have to report the change in packaging volumes to your system operator. Then submit a data report to the LUCID Packaging Register. This report to LUCID must contain the adjusted and confirmed volumes reported to your system. Which type of data report you have to choose in the LUCID Packaging Register depends on when you adjust your packaging volumes:
Have you adjusted your planned volumes during the current forecast period? Then file an intra-year volume report in the LUCID Packaging Register with the new total volume. If you have already submitted an intra-year volume report for this forecast period, please adjust the volumes stated in this report.
Have you corrected your planned volumes after the forecast period has expired? Have you reported the volumes you actually placed on the German market to your system? If the calendar year for which you have submitted your forecast report has ended, you have to submit a year-end volume report to the LUCID Packaging Register concerning those volumes.
That depends on the type of report in the LUCID Packaging Register. Let us have a look at two of these types, and how to edit them.
Initial planned volume reports: You would like to correct your report for the current year? Then all you have to do is file an intra-year volume report containing the amended packaging volumes. The reporting period you have to enter is January to December. The initial planned volume report you had filed already will still be included in the overview of data reports. The newly filed intra-year volume report replaces the corrected initial planned volume report and is now considered to be your current forecast report.
Year-end volume reports: If you can no longer edit a year-end volume report, you have to submit a supplementary volume report to correct it. In this supplementary volume report, you simply enter the difference between the year-end volume report that needs to be corrected and the actual volumes. If volumes need to be reduced, add a negative sign in front of the difference.
Example: Your year-end volume report in the LUCID Packaging Register states that you placed 100 kg of paper, paperboard and cardboard (PPC) on the German market during the past year. This is wrong. You actually placed 120 kg of PPC on the German market and participated that volume with a system. If you can no longer edit your year-end volume report, you must file a supplementary volume report with the following value for the year in the question: 20 kg of PPC.
You need to know your packagings' weight and material type, including all packaging components, to be able to correctly report your packaging volumes to your system operator and to the LUCID Packaging Register.
1. Determining the material type
First, you need to check if the packaging is made of
mono-material such as glass, paper, plastics, tinplate or aluminium, or
a combination of different material types such as paper/plastics, paper/aluminium/plastics or different plastics.
Packaging consisting of different components that a consumer cannot separate by hand is composite packaging.
Where a component makes up less than 5% of the mass (e.g. tape on shipment packaging, <5% = paper/paperboard) it is classed as being part and parcel of the main material.
Where a packaging component accounts for more than 5% of the total weight and cannot be separated by hand, the packaging is classed as a composite. In this case, the material type depends on the packaged product.
- Example: Fruit juice or ice tea in a beverage carton made of a carton-plastics-aluminium combination is classed as the 'beverage carton packaging' material type.
- Example: Sieved tomatoes, custard sauce, rice pudding in a paper-aluminium-plastics carton is classed as the 'Other composite packaging' material type.
The general rule is as follows: all composites that do not contain beverages are 'Other composite packaging'.
2. Determining the weight
There are three ways to determine your packaging's weight:
Your packaging supplier provides details about the weight of the individual packaging and additional packaging components you have sourced from them, as applicable. These details could be included on an invoice or delivery note, for example.
The packaging supplier or manufacturer provides you with specifications that include weight details. Examples include a product data sheet for your packaging.
You weight the empty packaging yourself.
Heads-up: Estimating the packaging weight is not enough. That is why you should document verifiably how the weights you report have been determined.
3. Determining the total packaging quantities to be reported
To determine the packaging volumes, you will have to report to your system operator and the LUCID Packaging Register, please multiply ...
... the individual packaging weight by the packaging units that you are planning on using during the reporting period. This is for submission of the planned packaging volume report or conclusion of a system participation agreement with a system operator.
Heads-up: For planned volume reports, you are required to estimate the packaging volume you will place on the market in the following year by the end of the current year. This estimate is typically based on your revenue projections and the previous year's unit numbers, adjusted for factors such as new product launches, customer loss, anticipated revenue fluctuations and other relevant changes.
... the number of actual units used (as recorded, for example, in your merchandise management system) by the packaging weights determined at the beginning of the year. This calculation is made after a given year has ended, and is to fulfil the regular requirement for year-end volume reporting.
Heads-up: You are required to determine these volumes for each of the packaging types you are using to hand over goods to customers.
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 within the producer's company. This must also be confirmed with each report.
Exception: international producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the Verpackungsgesetz on their behalf. (This does not apply, however, to registration.) Further information can be found in our knowledge base dedicated to authorising a representative.
As soon as a volume report is made to a system, the producer is required to report the same information to the LUCID Packaging Register. The reporting schedule depends on what is agreed in the system participation agreement.
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 LUCID Packaging Register immediately. If a more frequent reporting schedule was agreed with the system (e.g. quarterly or monthly), the producer must also submit more frequent volume reports to the LUCID Packaging Register.
If retail packaging is placed on the German market on behalf of a (retail) company, using that company's own brand and/or name without naming the filling company on the packaging, the party that orders the filling is considered to be the producer/initial distributor if the packaged goods are also handed over to the ordering party. The filling party is not the producer/initial distributor in this case.
The registration and system participation requirements depend on the status as a 'producer' or 'initial distributor' within the meaning of the Verpackungsgesetz (Packaging Act). Within the meaning of the Verpackungsgesetz, a producer/initial distributor is any party that is the first to commercially hand over retail and/or grouped packaging that is filled with goods and that typically accumulates as waste with private final consumers (private households or comparable sources of waste generation, such as administrative offices, restaurants or hospitals) to a third party in Germany with the intent that it be distributed, consumed or used (section 3 (9) VerpackG). This is generally the manufacturer of the packaged product. This party must register as a producer with the Packaging Register and ensure the relevant packaging participates in a system.
Section 3 (9) VerpackG provides for an exception, but this exception only applies if the goods' packaging
is filled because a third party commissioned/ordered the filling and
the filled packaging is handed over to that third party and
only the name and/or brand of that third party is visible on the packaging.
In such cases, the ordering party must undertake system participation and registration and is considered the producer within the meaning of the Verpackungsgesetz.
The precise information shown on the packaging is the deciding factor. It is only in cases where the contract packager cannot be ascertained from the packaging, that the producer status is transferred to the ordering party. Labelling (for example as may be required under food law) that does not indicate the name (identifying marker) does not constitute naming for the purposes of section 3 (9) VerpackG. The registration number for the LUCID Packaging Register qualifies as an identifying marker, but not as indicating a name.
If the name of the contract packager appears, e.g. with the phrase "manufactured for [name/brand of retail company]", it is the filling party/contract packager who is the initial distributor/producer and therefore the party under obligation under the Verpackungsgesetz.
Starting 1 July 2022, the registration requirement will apply to all packaging that has been filled with goods – regardless of whether it is used packaging or not. Whenever packaging is commercially filled with goods for the first time, the filler is considered to be the producer. This means that the filler has to register with the LUCID Packaging Register and indicate the packaging type.
If used packaging is placed on the German market for the first time, for typical use with private final consumers, then its initial distributor must register and participate the used packaging in a system. Only where distributors have definite evidence that the packaging they are using has already undergone system participation does the system participation requirement fall away.
The system participation requirement applies to packaging that typically accumulates as waste with private final consumers after use. The fact that used packaging is being used does not address the issue of whether the packaging has participated in a system. If the packaging at issue is, for example, a carton that was previously transport packaging or retail packaging that was used in an industrial or large commercial enterprise setting, it has not been subject to system participation. If this kind of used packaging is then placed on the German market for the first time, for typical use with private final consumers, then its initial distributor must register and participate the used packaging in a system. Only where distributors have definite evidence that the packaging they are using has already undergone system participation does the system participation requirement fall away.
The party using the used packaging material has to be able to provide evidence of system participation to the competent authorities upon request. As this does not lie within the responsibilities of the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR), the ZSVR does not set out specific requirements as to this evidence.
Please note that additional packaging components that have not been used, i.e. new elements such as tape, labels or filler material, also have to participate in a system in any case if the packaging is subject to system participation.
It goes without saying that it makes sense from an ecological point of view to re-use packaging material.
The packaging of printed/publishing products is subject to system participation when these products are classified as goods. In the case of, for example, invoices or unaddressed direct mail sent in envelopes it can be unclear whether they qualify as goods or not. Here, the question is whether the focus is on transmitting a notional content (in this case the document does not qualify as goods) or on the physical aspect (in this case it does qualify as goods).
Further information can be found in our informational booklet on documents, papers, magazines, etc. FAQ: documents, papers, magazines, books, manuals, direct mail, advertising brochures, etc. Delineation between goods/non-goods for the categorisation of packaging
The provisions of the Verpackungsgesetz (Packaging Act) apply within the Federal Republic of Germany. When packaging is exported outside of its jurisdiction, the Act does not apply. The relevant laws will be the laws of the destination country, which must be observed. EU legal provisions from the EU Packaging and Packaging Waste Directive mean that similar provisions apply throughout EU Member States.
Under the Verpackungsgesetz (Packaging Act), the party under obligation is the party operating the pharmacy. If this is the hospital itself, it must register in the LUCID Packaging Register, indicating the packaging types that are being placed on the German market. If it is not the hospital that operates the pharmacy, then the registration requirement applies to the party that does. If the pharmacy is placing packaging subject to system participation, for example service packaging, on the German market, the packaging also must participate in one or more systems. Learn more about how to fulfil the registration and system participation requirements, and how to use the special provision that allows you to purchase pre-participated packaging on our service packaging knowlege base.
Contract packaging applies if the following three criteria are met:
- the packaging is filled with goods at the instruction of a third party (e.g. a supermarket),
- the filled packaging is handed over to that third party, and
- only the name or brand of that third party is visible on the packaging.
As a general rule, the party filling the packaging is considered the producer within the meaning of the Verpackungsgesetz (Packaging Act). The answer as to whether you are under obligation for the respective retail packaging you fill with goods depends on the packaging's specific labelling.