Any party who places packaging filled with goods on the German market (producers/initial distributors) must register with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – 'ZSVR') in the LUCID Packaging Register and list their packaging type(s). Starting 1 July 2022, this obligation applies regardless of the type of packaging for producers of
- packaging subject to system participation, such as retail, grouped and shipment packaging, and
- packaging not subject to system participation, such as transport packaging, reusable packaging, single-use beverage packaging subject to deposit, etc.
By that time, final distributors of service packaging need to be registered in the LUCID Packaging Register, even those who purchase exclusively pre-participated unfilled packaging (i.e. packaging with system participation). Pre-participation is only permitted for service packaging. Service packaging refers to packaging that is filled with goods by the final distributor at the point of sale, where it is then handed it over to customers (e.g. bakery bags, carrier bags, takeaway coffee cups, takeaway containers).
To fulfil their obligations under packaging law, final distributors can take advantage of a special provision and buy pre-participated packaging from suppliers or wholesalers. In this situation, the suppliers or wholesalers have already paid for the packaging's recycling and taken responsibility for system participation. By 1 July 2022, final distributors that purchase exclusively pre-participated packaging must indicate this in their registration. They confirm their purchase of exclusively pre-participated service packaging by ticking the 'Exclusively pre-participated service packaging' checkbox.
Producer status is triggered by the first placement of packaging on the German market on a commercial basis, or introduction of packaged goods into Germany, and does not depend on distribution method or retail level (section 3 VerpackG (Packaging Act)). Further information about the term 'producer' can be found in this graphic.
If producers fail to register, a distribution ban is automatically applied to the packaging and its goods. Additionally, fines may be imposed. Because of the public nature of the register, any party that does not comply with the law must expect to face the delisting of their products from trading. Publication enables everyone to search through the register for specific producers and brands to check whether a producer has met the registration requirement. The LUCID Packaging Register makes violations apparent and provides for related transparency.
The registration requirement for producers derived from section 9 VerpackG has existed since 1 January 2019, when the Verpackungsgesetz (Packaging Act) came into force. An extended registration requirement will enter into force on 1 July 2022. All producers/initial distributors that place packaging filled with goods on the German market must register with the LUCID Packaging Register and provide details about the different packaging types they use as well as their brand names.
The producers/initial distributors of packaging file their master data, types of packaging and brand names in the LUCID Packaging Register. Once they have done so, they receive a registration number. If you place packaging subject to system participation on the German market, you also need to enter into a system participation agreement. The registration number must be provided to your contract counterparty, i.e. your system, when entering into the agreement. Please note: during the registration process, you will be asked to confirm that you have such an agreement for the recovery and recycling of your packaging with one or more system operator(s). That applies only to packaging subject to system participation. Producers then automatically receive a registration administrative act issued by the ZSVR.
As required by law, your registration details, including your packaging types and brand names, will be published in the public register of producers. The content of this register is governed by section 9 VerpackG. The register of producers can be found here.
This procedure ensures that properly registered producers/initial distributors will not be subject to a distribution ban. By registering in the LUCID Packaging Register, producers/initial distributors make it clear to the public that they have in principle fulfilled their producer responsibility for the packaging they market.
The steps of the registration process are largely set out in the Verpackungsgesetz. A producer submits a registration application to the ZSVR, which completes the registration and then includes that producer, the packaging types and brand names in the public LUCID Packaging Register. The LUCID Packaging Register operates exclusively electronically. The Verpackungsgesetz expressly provides for this.
When registering for the first time, the producer/initial distributor of packaging first creates a login. The party under obligation will receive an activation link from the ZSVR, sent by e-mail, and has to use this link to activate the login within 24 hours. Then, once additional producer information has been provided within seven days, the registration is completed. Once the producer has made the application for registration, the 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 Verpackungsgesetz requires the producer/initial distributor of packaging to provide notice of any changes to their registration information without delay and update the LUCID Packaging Register accordingly. Parties under obligation can make changes to their registration information, master data, packaging types and brand names in their personal dashboard in the LUCID Packaging Register.
The producer entries in the public section of the LUCID Packaging Register are updated on a daily basis to reflect changes. The e-mail address entered when registering will be used for all further communications with the ZSVR. Producers/initial distributors must keep their login information safe so that they can log into the LUCID Packaging Register at any time to fulfil their legal obligations. They should also ensure that the mailbox for the e-mail address they provided is always accessible. To change this e-mail address, the login has to be transferred to a new e-mail address; this can be done in the master data section of the LUCID Packaging Register.
Click here for the LUCID Packaging Register.