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.

All of the party under obligation's packaging subject to system participation (all filled grouped and retail packaging that accumulates as waste with private final consumers, including comparable sources of waste generation) needs to be taken into account when entering into a contract with a system. The material type and mass of the packaging that will participate needs to be provided, as well as the registration number assigned by the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR).

The packaging itself, but also all packaging components and tools, such as tags, closures, filler material and moisture absorbents, must be registered. The purpose of these components is typical of packaging; they assist with protection, handling and presentation of the goods.

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.