Does the packaging typically accumulate as waste with private final consumers (= private households and comparable sources of waste generation)? Consult the system participation requirement catalogue (Link) to check.

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 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  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.