Transport packaging: Which regulations apply and what do companies need to consider?
Transport packaging protects goods during handling and in transit. However, for legal obligations, it is not enough to classify packaging simply as typical B2B packaging. Under the Packaging Law Implementation Act (Verpackungsrecht-Durchführungsgesetz, VerpackDG), transport packaging may also be subject to the obligation to participate in a system. In particular, the decisive factor is where packaging of the same type typically becomes waste after use. This determines whether the packaging must participate in a system or whether the requirements for packaging not subject to system participation apply.
What is transport packaging?
The EU Packaging and Packaging Waste Regulation (PPWR) defines transport packaging as packaging that facilitates the handling and transport of one or more sales units or a group of sales units. It is intended to prevent products from being damaged during handling or transport. Containers for road, rail, sea and air freight are not included.
Under the PPWR, e-commerce packaging is also transport packaging. It is used to deliver products from online retail or other forms of distance selling to end users. Transport packaging is therefore not automatically limited to traditional deliveries between businesses.
Examples of transport packaging
Depending on their function and use, the following types of packaging may qualify as transport packaging:
Pallets and transport crates
Large cartons for several sales units
Drums and canisters used to transport goods
Protective films and stretch wrap used to stabilise pallets
Sacks or trays used to protect goods during transport
Shipping packaging for e-commerce
The design or material alone does not determine the legal classification. The intended packaging function is decisive and, for system participation, the typical occurrence of the packaging as waste is also relevant.
We advise you on all matters relating to the VerpackDG/PPWR:
When is transport packaging subject to system participation?
Transport packaging is subject to system participation where, after use and based on the overall market for packaging of the same type, it typically becomes waste predominantly in private households or comparable places of waste generation.
Comparable places of waste generation include, in particular, restaurants, hotels, public administrations, hospitals, educational institutions, cultural institutions and leisure businesses. Certain agricultural and craft businesses may also be included if their packaging waste can be disposed of in the household-type collection containers and collection cycles described by law.
Therefore, classification does not depend solely on the individual recipient or a particular delivery. The overall market for packaging of the same type is decisive.
Consequences of the obligation to participate in a system
Manufacturers of transport packaging subject to system participation must ensure that this packaging participates in one or more systems before making it available in Germany. In legally defined cases in which a company unpacks packaged products without being an end user, system participation must take place before unpacking.
When participating in a system, the material type, mass and registration number must be stated in particular. The required data reports to the Central Agency Packaging Register are governed by Section 9 VerpackDG.
Which rules apply to transport packaging not subject to system participation?
Where transport packaging of the same type does not typically become waste predominantly in private households or comparable places of waste generation after use, it is not subject to system participation. This packaging is particularly subject to the take-back and recovery obligations under Section 39 VerpackDG.
Manufacturers and downstream distributors in the supply chain must generally ensure that used and fully emptied packaging of the same type, shape and size as the packaging they make available in Germany is:
Collected separately from other waste;
Taken back at the actual place of transfer or in its immediate vicinity; and
Taken back free of charge.
For final distributors, the take-back obligation is limited to packaging of goods they carry in their product range. They must also inform end users to an appropriate extent about the possibility of returning packaging and its purpose.
For recurring deliveries, take-back may also take place during a subsequent delivery. Manufacturers and distributors may agree alternative arrangements with commercial end users concerning the place of return and the allocation of costs. This option does not apply in relation to consumers.
Who is responsible under the PPWR and VerpackDG?
The responsible role is determined by the PPWR definition of manufacturer. Depending on the supply and distribution arrangement, a manufacturer may in particular be a producer, importer or distributor. A company that unpacks packaged products without being an end user may also qualify as a manufacturer where the PPWR conditions are met.
For each supply chain, you should therefore assess:
Who first makes the transport packaging or packaged product available in Germany;
Whether there is a cross-border direct delivery to end users; and
Whether a company unpacks packaged products without being an end user.
A blanket classification based solely on a company being described as a producer, retailer or recipient is not sufficient.
Registration with the Central Agency Packaging Register
Manufacturers must register with the Central Agency Packaging Register before making packaging available in Germany for the first time or, in the legally defined cases, before unpacking. Registration takes place electronically through the LUCID Packaging Register.
Companies that were already registered under the previously applicable packaging law are also considered registered under Section 6 VerpackDG under the transitional provision. Required changes to registration data must be made by 12 November 2026. Manufacturers that are subject to registration for the first time must register by 12 September 2026.
Authorisation for transport packaging not subject to system participation
Manufacturers of packaging not subject to system participation require authorisation from the Central Agency Packaging Register in order to fulfil their extended producer responsibility individually. One requirement is that they ensure compliance with take-back and recovery obligations and have the necessary financial and organisational resources.
Under the transitional provision, manufacturers may make packaging not subject to system participation available in Germany without this authorisation until 31 December 2027. From 1 January 2028, they will need either their own authorisation or must transfer the fulfilment of their extended producer responsibility for the relevant packaging to an authorised other producer responsibility organisation.
An other producer responsibility organisation collectively assumes obligations for packaging not subject to system participation. It requires its own authorisation from the Central Agency Packaging Register.
Take-back, recovery and documentation
Transport packaging not subject to system participation that has been taken back must be sent for reuse or recovery in accordance with Section 42(5) VerpackDG. Preparation for reuse and recycling take priority.
Manufacturers and downstream distributors must document their compliance with take-back and recovery obligations. By 15 May of each year, they must record the following in a traceable manner for the previous calendar year:
Packaging made available in Germany or packaging generated during unpacking;
Packaging taken back; and
Packaging recovered.
The documentation must be broken down by material type and mass. In addition, appropriate self-monitoring mechanisms must be established. The documentation must be submitted to the competent state authority upon request.
Where extended producer responsibility is transferred in full or in part to an other producer responsibility organisation, this must be notified electronically to the Central Agency Packaging Register without delay.
Do fixed recycling quotas apply to transport packaging?
For transport packaging not subject to system participation, Section 42(5) VerpackDG does not specify its own material-specific percentage quotas. Taken-back packaging must be given priority for preparation for reuse or recycling.
The recycling quotas in Section 42(2) VerpackDG, by contrast, apply to systems. They therefore also cover transport packaging subject to system participation, but they bind the systems and do not constitute an individual recycling quota for the individual manufacturer.
A general quota table for all transport packaging would conflate these different legal areas and would therefore be misleading.
We advise you on all matters relating to the VerpackDG/PPWR:
How companies can organise their obligations
Companies should first determine for each packaging type whether it is subject to system participation based on where it typically becomes waste. The necessary processes can then be established.
For transport packaging subject to system participation, the main focus is on registration, system participation and data reporting. For transport packaging not subject to system participation, take-back, recovery, documentation and future authorisation or transfer to an other producer responsibility organisation must be organised.
In practice, it is advisable to record packaging types, material masses, take-back points, agreements with commercial end users and recovery evidence centrally. This makes responsibilities and quantities traceable.
Taking back and recovering transport packaging
The obligations for transport packaging depend on the specific packaging type, its typical occurrence as waste and the role of the respective company. Therefore, treating all transport packaging uniformly as B2B packaging not subject to system participation is insufficient.
zmart supports you in organising the take-back and recovery of transport packaging not subject to system participation. Together, we assess which services are required for your packaging flows.