The Packaging Law Implementation Act in practice

Overview of the key basic obligations

Whether you have obligations under the VerpackDG and PPWR does not depend solely on whether your name appears on a package. The decisive factor is who qualifies as a manufacturer under Article 3(1)(15) PPWR. This definition covers several categories and applies irrespective of the sales method, including distance contracts under Article 3(1)(14) PPWR.

Typical obligations may include:

• Registration with the ZSVR
  As a manufacturer, you must register with the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister, ZSVR) under Section 6(1) VerpackDG before making packaging available for the first time or before unpacking it. Under Section 6(6) VerpackDG, the ZSVR is the competent registration authority within the meaning of Article 44 PPWR.

• System participation
  Under Section 7(1), sentence 1 VerpackDG, you must participate in a system for packaging subject to the system participation obligation. System participation means that a disposal system is involved for certain packaging in order to finance its collection and recovery. This covers sales and grouped packaging, service packaging, primary production packaging and transport packaging, insofar as they are subject to the system participation obligation. This is typically the case where packaging becomes waste after use at private end consumers or comparable places of waste generation. The system confirms the completed participation in writing or electronically, stating the material type and mass (Section 7(1), sentence 3 VerpackDG).

• Data reporting
  Under Section 9 VerpackDG, manufacturers must report data. If you placed fewer than ten tonnes of packaging subject to system participation on the market in the previous year, a different annual report applies under Section 9(2) VerpackDG, due by 1 June.

• Declaration of completeness
  Under Section 10 VerpackDG, an audited and certified declaration of completeness may be required annually by 15 May. The audit and certification are performed by registered experts, auditors, tax advisers or publicly appointed accountants. The obligation does not apply if certain quantity thresholds were not reached in the previous year. Under Section 10(4)(3) VerpackDG, these thresholds apply per material type: less than 80 tonnes of glass, less than 50 tonnes of paper, cardboard and paperboard, and less than 30 tonnes of other materials. You should therefore review material types separately.

• Exemptions
  Under Section 11 VerpackDG, Sections 7 to 10 do not apply to manufacturers of certain packaging. This includes, among other things, single-use beverage packaging subject to a deposit obligation (no. 2), sales packaging containing hazardous substances (no. 3) and packaging that can be demonstrated not to be supplied to end consumers in Germany (no. 4).

• Engaging third parties
  Under Section 5(1) VerpackDG, you may engage third parties to fulfil certain obligations. However, registration under Section 6 VerpackDG and data reporting under Section 9 VerpackDG cannot be transferred to third parties.

• Prohibitions and verification obligations
  Under Section 13 VerpackDG, manufacturers may not make packaging available or unpack it without the required registration or system participation. Distributors may not make packaging available if the manufacturer is not registered or has not participated in a system. Fulfilment service providers may not perform their services if the manufacturer is not properly registered; for the purpose of matching the required information, the ZSVR provides an automated data-matching service under Section 13(4) VerpackDG. The verification and information obligations of online-platform providers, on the other hand, arise from Article 45(4) to (6) PPWR.

• Fines and confiscation
  Under Section 66 VerpackDG, infringements may, depending on the specific offence, be punishable by fines of up to EUR 200,000, EUR 100,000 or EUR 10,000. Prohibited fulfilment activities under Section 13(4), sentence 1 VerpackDG may result in a fine of up to EUR 100,000. Confiscation of items is possible under Section 67 VerpackDG. Section 66(2) VerpackDG, which covers infringements of the PPWR, will only apply from 12 February 2027 under Section 68(17) VerpackDG.

We advise you on all matters relating to the VerpackDG/PPWR:

PPWR consulting

Product-related PPWR obligations

In addition to registration, system participation and reporting, the PPWR also includes requirements for the packaging itself. These include sustainability and substance requirements under Articles 5 to 11 PPWR, as well as labelling obligations under Article 12 PPWR.

The labelling obligations under Article 12 PPWR apply at the respective times specified therein. For online retail, one point is particularly important: Under Article 12(5) PPWR, the relevant information must be made available to end consumers in online sales before purchase. If you design packaging, commission it or place it on the market under your own brand, you should therefore check whether your product presentation in the online shop displays the required information.

A conformity assessment, technical documentation under Annex VII and an EU declaration of conformity may also be required. The basis for these obligations is found in Articles 15, 38 and 39 PPWR.

Transitional periods

If you were already registered under the previous German packaging law, you are also deemed registered under the VerpackDG. Changes must be made by 12 November 2026 under Section 68(2), sentence 2 in conjunction with Section 6(1), sentence 2 VerpackDG.

If you are subject to registration for the first time, you must register by 12 September 2026 under Section 68(2) VerpackDG.

1. Dropshipping: Who is the manufacturer when goods are shipped directly by the supplier?

In dropshipping, you sell products without storing or shipping them yourself. The goods are often sent directly from the supplier or wholesaler to the end customer. For packaging obligations, it is not solely decisive who operates the online shop or whose name appears on the parcel.

The key question is who first makes the respective packaging available in Germany under Article 3(1)(15) PPWR. This assessment applies regardless of the sales method, expressly including distance contracts. The sender named on the parcel can be an indication, but it is not an independent criterion.

For dropshipping arrangements, this means that you should determine your role based on the specific supply and making-available chain. Relevant questions include:

• Who brings the goods into the German market?

• Who arranges the shipment to German end consumers?

• Who first makes the packaging available in Germany?

• Which packaging is used: product packaging, e-commerce packaging, transport packaging or other packaging? E-commerce packaging is packaging in which online orders are delivered to end consumers.

You should also clarify contractually with your supplier who assumes which packaging obligations. However, such an agreement does not replace your own obligations if you are the manufacturer within the meaning of the PPWR.

If another party takes care of system participation, obtain the system confirmation under Section 7(1), sentence 3 VerpackDG. This confirmation states the material type and mass of the packaging included.

2. Imported goods: Obligations for goods from abroad

If you import goods into Germany or sell from abroad to German customers, you should assess the manufacturer role particularly carefully. Here too, the assessment is based on Article 3(1)(15) PPWR.

For imported goods, depending on the supply chain, the German importer, the foreign supplier or another party may be the manufacturer in Germany. The decisive question is who first makes the packaging available in Germany or falls within the relevant PPWR manufacturer categories.

Direct shipping from another EU country to German end consumers is particularly relevant. In such cases, the foreign supplier may itself be the manufacturer in Germany. If this supplier has no establishment in Germany and first makes packaging available there, an EPR authorised representative may be required.

An EPR authorised representative is a person or entity designated in Germany that assumes certain extended producer responsibility obligations. Under Section 5 VerpackDG in conjunction with Article 45(3) PPWR, manufacturers under Article 3(1)(15)(c) and (d) PPWR that first make packaging available in Germany and have no establishment there must appoint an authorised representative before making packaging available for the first time. The authorisation must be in writing and in German. The appointment must be communicated to the ZSVR without delay as part of registration and must be confirmed by the ZSVR.

One point remains important: Under Section 5(1) VerpackDG, you may engage third parties to perform certain tasks. However, registration under Section 6 VerpackDG and data reporting under Section 9 VerpackDG cannot be replaced or transferred to third parties by contractual agreement.

3. Own brands: Packaging obligations for private-label and own-brand products

With own brands, you often have products manufactured by a third party and sell them under your own brand. As a result, packaging obligations may apply more directly to you as the brand owner. Always assess this based on the definition in Article 3(1)(15) PPWR.

The key point is the role you perform in the specific making-available chain. It may be relevant whether you design the packaging, commission it, make it available under your own brand or first place goods on the market in Germany.

In addition to registration, system participation and data reporting, you should also keep the product-related PPWR obligations in mind. Particularly with own brands, labelling, technical documentation, conformity assessment and the EU declaration of conformity may be relevant. The applicable requirements arise from Articles 12, 15, 38 and 39 PPWR, as well as Annex VII.

For practical purposes, clear documentation is recommended:

• Which packaging do you use?

• Who designs or commissions the packaging?

• Who first makes the packaging available in Germany?

• Which material types and masses arise?

• Are system confirmations under Section 7(1), sentence 3 VerpackDG available?

• Is labelling information available to end consumers before purchase in online sales?

4. Marketplace sellers: Selling through online platforms

Many retailers sell through online platforms. The obligations under the VerpackDG and PPWR apply to you according to your respective role in the supply chain. At the same time, online-platform providers have their own verification and information obligations.

Under Article 45(4) to (6) PPWR, online-platform providers must obtain information on registration and registration numbers as well as a self-declaration on compliance with EPR requirements before allowing a manufacturer to use their services. They must also use their best efforts to assess whether this information is complete and reliable.

These requirements apply to providers of online platforms that fall under Chapter III, Section 4 of Regulation (EU) 2022/2065 and enable consumers to conclude distance contracts with manufacturers (Article 45(4) PPWR). This does not refer indiscriminately to every person involved in a marketplace.

For you as a marketplace seller, this means that you should expect platforms to request registration data and evidence of extended producer responsibility. In addition, Section 13 VerpackDG contains prohibitions where registration or system participation is missing. Distributors may not make affected packaging available if the manufacturer is not registered or has not participated in a system.

Keep your registration numbers, system confirmations and relevant EPR information up to date and readily available. This facilitates platform verification and reduces interruptions in the sales process.

5. Goods produced in Germany: Who bears which packaging obligation?

Even for goods produced in Germany, not every type of packaging is automatically attributable to the same party. The obligation applies to the manufacturer of the specific packaging subject to the system participation obligation. Who this is depends on Article 3(1)(15) PPWR and the specific making-available process.

Different packaging types may be involved:

• Sales packaging

• Grouped packaging

• Service packaging

• Primary production packaging

• Transport packaging

• E-commerce packaging

A detailed review of processes is especially worthwhile where production is divided among several parties. A producer may use packaging, a retailer may distribute goods under its own brand, and a service provider may use e-commerce packaging. However, this does not lead to a blanket allocation of responsibility. The decisive factor remains who first makes the respective packaging available under the PPWR or falls within one of the manufacturer roles.

It is advisable to create a packaging matrix. For each packaging type, you can record:

• Who procures the packaging

• Who fills or uses it

• Who first makes it available in Germany

• Whether system participation is required

• Which material type and mass are involved

• Who holds the system confirmation

This helps assign responsibilities more clearly, both internally and with business partners.

6. Fulfilment partners: Storage, packaging and shipping by service providers

Fulfilment service providers often handle storage, picking, packaging, addressing and shipping. This creates their own obligations for the service provider. At the same time, it remains necessary to assess who is the manufacturer of the respective packaging.

Under Article 20 PPWR, fulfilment service providers must ensure that storage, handling, packaging, addressing and shipping do not compromise the conformity of packaging with the requirements of Articles 5 to 12 PPWR.

In addition, Article 45(7) to (9) PPWR governs obligations relating to registration and extended producer responsibility. The manufacturer provides the fulfilment service provider with registration and EPR information. The service provider assesses, to the best of its ability, whether the information is complete and reliable. If inaccurate or incomplete information is not corrected, the service provider promptly suspends its services. The manufacturer may challenge this decision in court.

The VerpackDG also contains provisions for fulfilment service providers. Under Section 13 VerpackDG, they may not perform their activities if the manufacturer is not properly registered. For the purpose of matching the required information, the ZSVR provides an automated data-matching service under Section 13(4) VerpackDG.

If you use fulfilment services, the following is therefore important:

• Provide the service provider with current registration and EPR information.

• Clarify contractually who procures and uses which packaging.

• Check who is the manufacturer of the specific packaging.

• Keep system confirmations under Section 7(1), sentence 3 VerpackDG available.

• Ensure that packaging, labelling and product information are not compromised by fulfilment processes.