What does the new packaging law (PPWR/VerpackDG) mean for online retail?

What changes for online retail?

For online retailers, packaging is a fixed part of business operations: shipping cartons, void-fill material, adhesive tape, product packaging and grouped packaging help ensure that goods reach customers safely. At the same time, this packaging can generate waste and may therefore trigger legal obligations.

The PPWR regulates many packaging requirements directly at European level. The VerpackDG supplements these requirements in Germany, for example with regard to responsibilities, registration, system participation, data reporting and inspections.

A key factor for registration and system participation is making packaging available in Germany. This means supplying packaging, whether for payment or free of charge, as part of a business activity for distribution, consumption or use in Germany (Section 3(3) VerpackDG in conjunction with Article 3(1)(11) PPWR). The VerpackDG also uses the terms first distributor and company placing packaging on the market (Section 3(17) and (18) VerpackDG). The PPWR uses the terms making available on the market, placing on the market and making available in the territory alongside one another.

For online retail, this means that selling goods alone is not decisive. What matters is the role you perform in the specific distribution channel, which packaging is used and whether that packaging is supplied to end users in Germany.

Who is subject to the obligations?

Packaging law distinguishes between several roles. For online retailers, it is important not to assess these roles according to your company’s internal designation, but according to your actual activity in the distribution chain.

Manufacturers within the meaning of the PPWR are the main addressees of many obligations, such as registration and system participation. Whether a company is a manufacturer depends, among other things, on its establishment, the packaging type, the delivery route, direct supply to end users and, in certain cases, unpacking activities (Article 3(1)(15) PPWR).

The VerpackDG also uses additional terms:

• First distributor: A person who first makes packaging commercially available in Germany (Section 3(17) VerpackDG).

• Company placing packaging on the market: A person who makes packaging available in Germany, irrespective of the distribution method or stage of trade (Section 3(18) VerpackDG).

• Distributor: Any natural or legal person in the supply chain who makes packaging available on the market (Article 3(1)(18) PPWR).

Registration, system participation and reporting obligations primarily apply to manufacturers within the meaning of the PPWR (Sections 6(1) and 7(1) VerpackDG). Distributors, fulfilment service providers and online platforms also have their own verification and cooperation obligations.

The first practical question is therefore: Which role do you perform for each type of packaging?

Which packaging is subject to system participation?

System participation means that manufacturers of certain packaging must participate in one or more systems. These systems organise the collection, sorting and recovery of packaging waste.

Under Section 3(6) VerpackDG, the obligation to participate in a system applies to sales and grouped packaging, primary production packaging and transport packaging that, after use and based on the overall market for packaging of the same type, typically becomes waste predominantly in private households or comparable places of waste generation. It also applies to service packaging.

Manufacturers of packaging subject to system participation must participate in one or more systems (Section 7(1) VerpackDG). Under Article 46(1) PPWR, manufacturers may engage a producer responsibility organisation to fulfil their obligations; Member States may make this mandatory.

Not every package is subject to system participation. Under Section 11 VerpackDG, the rules on system participation, data reporting and the declaration of completeness do not apply, among other things, to manufacturers of:

• reusable packaging, provided that its take-back and reuse are enabled through an existing reuse system;

• single-use beverage packaging subject to the deposit obligation under Section 46 VerpackDG;

• sales packaging containing hazardous substances;

• packaging that can be demonstrated not to be supplied to end users in Germany.

Particularly in cases involving imports, marketplace sales and fulfilment, the classification may depend on the individual circumstances.

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

PPWR consulting

Your obligations step by step

1. Registration

Manufacturers must register with the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister, ZSVR) before making packaging available in Germany for the first time. For manufacturers within the meaning of Article 3(1)(15)(e) PPWR, the relevant point is registration before unpacking (Section 6(1) VerpackDG).

Changes to registration data and the permanent cessation of manufacturing activities must be communicated to the ZSVR without delay (Section 6(1), sentence 2 VerpackDG). This is important in practice because fulfilment service providers and online platforms check whether the required registrations are in place.

The ZSVR is the competent authority for the register under Article 44(1) PPWR (Section 6(6) VerpackDG).

2. System participation

If you are the manufacturer of packaging subject to system participation, you must participate in one or more systems with this packaging (Section 7(1) VerpackDG). The type and mass of the packaging are reported so that the system can assume responsibility for its disposal. The system confirms your participation (Section 7(1), sentence 3 VerpackDG).

Whether packaging is subject to system participation depends on whether it typically becomes waste predominantly in private households or comparable places of waste generation. For many types of shipping packaging in online retail, this assessment is particularly relevant.

3. Data reporting

Information on packaging included in a system must be submitted to the ZSVR, in particular on material type and mass (Section 9(1) VerpackDG).

Where, in the previous calendar year, a manufacturer made available in Germany a total of less than ten tonnes of packaging subject to system participation or, in the case of Article 3(1)(15)(e) PPWR, unpacked such packaging, simplified reporting applies. The information does not have to be submitted without delay, but instead by 1 June of the following calendar year (Section 9(2) VerpackDG).

4. Declaration of completeness

The declaration of completeness must be distinguished from data reporting. It is a separate declaration on packaging quantities made available and must be audited and certified.

It must be filed annually by 15 May (Section 10(1) VerpackDG). The audit and certification are carried out by registered experts or registered auditors, tax advisers or publicly appointed accountants.

An exemption may apply where, in the previous calendar year, the company made available less than 80 tonnes of glass, less than 50 tonnes of paper, cardboard and paperboard, or less than 30 tonnes of the other material types (Section 10(4) VerpackDG). The ZSVR or the competent state authority may require the declaration regardless of these thresholds.

These thresholds must not be confused with the ten-tonne relief for data reporting.

What applies to fulfilment, marketplaces and imports?

Fulfilment service providers

A fulfilment service provider may handle warehousing, packing, addressing or shipping for retailers. Under packaging law, it may be important to determine who makes which packaging available and who qualifies as the manufacturer.

A blanket classification is not reliable. Manufacturer status depends, among other things, on establishment, packaging type, delivery route, direct supply to end users and, where applicable, unpacking (Article 3(1)(15)(a) to (e) PPWR). Where the fulfilment service provider uses its own transport or shipping packaging, it may itself qualify as the manufacturer.

Fulfilment service providers may not carry out the activities listed in Article 3(1)(11) of Regulation (EU) 2019/1020 in relation to certain packaging or packaged products if their manufacturer is not properly registered under Section 6(1), sentence 1 VerpackDG (Section 13(4), sentence 1 VerpackDG). The ZSVR provides an automated data-matching service for this purpose.

Online platforms and marketplaces

Online platforms also have verification obligations. For this purpose, Section 13(4), sentences 2 and 3 VerpackDG refers to Article 30(1)(d) of Regulation (EU) 2022/2065 and Article 45(4), first subparagraph, point (b) PPWR, including in conjunction with Article 45(7) to (9) PPWR. The ZSVR also provides an automated data-matching service for these purposes.

For retailers, this means that registration information should be correct, complete and up to date. Relevant information under the PPWR includes registration details and the registration number, as well as a manufacturer’s self-declaration that the extended producer responsibility requirements have been met (Article 45(4) and (7) PPWR).

Distributors

Distributors may not make packaging available in Germany if the manufacturer is not properly registered. Packaging subject to system participation may also not be made available if the manufacturer has not participated in a system (Section 13(3) VerpackDG).

This is particularly relevant for online retail where goods from various providers are sold through shops, marketplaces or platform models.

Imports

In the case of imports, the fact that packaging comes from abroad alone is not decisive. Not every imported package is subject to system participation. The decisive factors are the specific manufacturer role under Article 3(1)(15) PPWR, the type of packaging and any exemptions under Section 11 VerpackDG.

For extended producer responsibility, or EPR, the key issue is whether a manufacturer role exists under Article 3(1)(15) PPWR and whether packaging is first made available in the territory of a Member State or unpacked by a company that is not an end user (Article 45(1) PPWR). EPR means that manufacturers assume responsibility for their packaging beyond its sale, in particular for collection, take-back or recovery.

Authorised representatives in cross-border trade

Manufacturers under Article 45(3) PPWR that are not established in Germany must, under the conditions specified there, appoint or designate an authorised representative for extended producer responsibility before making packaging available for the first time. Each manufacturer may appoint only one authorised representative (Sections 5(2) and 5(4) VerpackDG).

Under Article 45(3) PPWR, a manufacturer under Article 3(1)(15)(c) and (d) appoints an authorised representative by written mandate in every Member State where it first makes packaging or packaged products available, except for the Member State in which it is established.

This is particularly relevant for online retailers that deliver goods directly to end users across borders.

Take-back, deposits and information obligations

Take-back obligations for certain packaging

Manufacturers and downstream distributors must separately collect and take back certain used and fully emptied packaging of the same type, shape and size as packaging they make available in Germany, free of charge at the actual place of transfer or in its immediate vicinity (Section 39(1) VerpackDG). This includes:

• transport packaging, sales and grouped packaging, as well as primary production packaging, that is not subject to system participation;

• packaging subject to system participation where participation is not possible because the packaging is incompatible with the system;

• sales packaging containing hazardous substances;

• reusable packaging under Article 11 PPWR.

For final distributors, the take-back obligation is limited to packaging for goods included in their product range. Final distributors must inform end users of return options through suitable means; in distance selling, this is done through other suitable measures under Section 39(2) VerpackDG.

Take-back must be documented annually by 15 May, broken down by material type and mass (Section 39(3) VerpackDG).

Single-use beverage packaging subject to a deposit obligation

Special rules apply if you distribute single-use beverage packaging subject to a deposit obligation. The deposit is at least EUR 0.25, including VAT, per single-use beverage package (Section 46(1) VerpackDG); exemptions are set out in Section 46(4) VerpackDG.

In distance selling, take-back must be ensured through suitable return options within a reasonable distance (Section 46(2) VerpackDG). In addition, the labels “SINGLE-USE” and “REUSABLE” must be displayed in the media used for distance selling (Section 47(3) VerpackDG).

Transitional periods and deadlines

Companies registered under previous law are also deemed registered under Section 6 VerpackDG. Required changes under Section 6(1), sentence 2 VerpackDG must be made by 12 November 2026. Companies subject to registration for the first time must register by 12 September 2026 (Section 68(2) VerpackDG).

System participation completed before 12 August 2026 remains valid, but no later than 31 December 2026, subject to different private contractual arrangements (Section 68(1) VerpackDG).

Key dates at a glance:

• 12 August 2026: Start of application of the PPWR and the supplementary VerpackDG.

• 12 September 2026: Deadline for companies subject to registration for the first time.

• 12 November 2026: Deadline for certain changes to existing registrations.

• 31 December 2026: End of the continued validity of existing system participation.

• 15 May: Deadline for declarations of completeness and take-back documentation.

• 1 June: Deadline for annual data reports under the relief in Section 9(2).

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

PPWR consulting

What will additionally apply from 2028 and 2030?

Packaging labelling

Harmonised labelling requirements will apply from 12 August 2028 or 24 months after the relevant implementing acts enter into force, whichever date is later (Article 12(1) PPWR). The exemption for transport packaging expressly does not apply to e-commerce packaging. In online sales, the information must also be made available to end users before purchase (Article 12(5) PPWR).

Empty space in e-commerce packaging

For e-commerce packaging, a maximum empty-space ratio of 50% is planned from 1 January 2030 or three years after the relevant implementing acts enter into force, whichever date is later (Article 24(1) to (3) PPWR).

Empty space also includes space filled with paper, air cushions, bubble wrap, foam, wood wool or polystyrene chips. An exemption may apply under Article 24(5) PPWR to sales packaging used as e-commerce packaging or in reuse systems.

Online retailers should therefore review packaging sizes, void-fill material and shipping processes early.