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.