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
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