All information about the Packaging Act
The Packaging Act (VerpackG) forms a legal framework that regulates the manufacture, sale and environmentally friendly disposal of sales packaging.
Important for you!
The Packaging Act (VerpackG) forms a legal framework that regulates the manufacture, sale and environmentally friendly disposal of sales packaging. It specifies requirements for product responsibility in accordance with Section 23 of the Closed Substance Cycle Waste Management Act for packaging. This results in an obligation for retailers, online retailers and manufacturers to actively participate in the disposal and recycling process. They are responsible for ensuring that the sales packaging of their products is properly licensed. The licensing costs are used to pay for the disposal costs of the packaging. In addition, the VerpackG specifies recycling quotas.
No distinction based on company size
Small businesses, freelancers and retailers are also subject to the obligations of the Packaging Act. The Act does not provide for any minimum quantity regulations and does not differentiate based on company size or turnover.
Selling to private end consumers in Germany?
Any quantity, regardless of size, must be licensed in a dual disposal system and reported to the Zentrale Stelle Verpackungsregister. To do this, all companies need a profile on the LUCID portal of the ZSVR and a registration number.
Who does the Packaging Act apply to?
The Packaging Act applies to all companies that place packaged goods on the market in Germany for the first time. This includes, for example, manufacturers, importers, online retailers and brick-and-mortar retailers. Anyone who fills packaging and places it on the market is responsible for its disposal and recycling. The Packaging Act is also relevant for companies that use shipping packaging, sales packaging or transport packaging.
Foreign companies that deliver goods to end consumers are also affected. They must ensure that their packaging is properly licensed and registered. The provisions are stipulated in the Packaging Act in § 3 VerpackG and § 7 VerpackG, "Begriffsbestimmungen" (Definitions) and "Systembeteiligungspflicht" (system participation obligation).
How do I apply the Packaging Ordinance?
In order to comply with the legal requirements in § 9 VerpackG "Registrierung" (registration), registration on the Portal LUCID of the Zentrale Stelle Verpackungsregister is required. In addition, companies must license their packaging with a dual system to ensure that it is disposed of and recycled properly. Here's how to proceed correctly and license/report your packaging quantities online in just a few minutes:
License your sales packaging on zmart.de using our online calculator. This allows you to license your packaging material online in just a few minutes.
If you are not yet registered with the Central Agency Packaging Register, please register afterwards. Then report the type and quantity of your newly licensed sales packaging on the LUCID portal. If you are already registered with LUCID, please report directly to LUCID.
After these two steps, the packaging licensing process is legally complete. Important for you: All licensing/quantity reports must also be reported to LUCID immediately.
What does the Packaging Act mean for small businesses?
Small businesses, freelancers and retailers are also subject to the obligations of the Packaging Act. The Act does not provide for any minimum quantity regulations and does not differentiate based on company size or turnover. This means that even the smallest quantities of sales, shipping or service packaging must be registered and licensed. This obligation applies to anyone who places packaging subject to system participation on the market in Germany for the first time. Anyone who sells products in packaging that ends up with the end consumer must therefore comply with the requirements.
The Packaging Act for online shops
Retailers who sell their products to German customers via online shops such as eBay, Amazon, Etsy or Alibaba are also subject to the provisions of the Packaging Act. The registration and licensing requirement also applies to online retailers when they place packaging on the market in Germany for the first time. This applies regardless of whether they are based in Germany or abroad. For example, the retailers concerned must mainly license shipping packaging, unless they import their goods themselves from abroad.
Since the change on 1 July 2022, online marketplaces such as eBay and Amazon are legally obliged to ensure that their sellers comply with the requirements of the VerpackG. This means that retailers without valid LUCID registration and without proof of system participation are no longer allowed to sell via these platforms.
We are happy to advise you by telephone or email.
Phone: 02203 8987 700
E-Mail: kundenservice@zmart.de
Packaging Act: Regulations according to application
In the case of drop shipping or direct trade, the sender of the goods is responsible for packaging licensing. Drop shippers should check whether the sender complies with their obligation to participate in the system under the Packaging Act and request proof of this.
According to the law, the first distributor is the person who commercially imports goods into the scope of the Packaging Act. If, for example, an online retailer imports goods from China, they are obliged to license all packaging material.
Companies that market their own branded products are responsible for the proper licensing and registration of their packaging in accordance with the German Packaging Act.
Operators of electronic marketplaces must verify that the retailers operating through them have properly licensed the packaging they use. If proof cannot be provided, the retailer in question will be prohibited from selling.
Packaging produced in Germany must be licensed by the party who first fills it with goods and sells it (with the exception of service packaging). For example, a manufacturer of detergent who sells to a retailer must license the product packaging.
The commissioning retailer is responsible for packaging licensing. The fulfilment service provider has a duty to check whether the retailers operating through it are fulfilling their obligation to participate in the system.
Quantity reports in accordance with the Packaging Act
The Packaging Act requires certain quantity reports to be submitted.
Before the start of a new calendar year, you must license all packaging material subject to system participation that you plan to place on the market in the coming calendar year. This does not include packaging material that has already been licensed by your suppliers.
At the end of a calendar year, or at the latest at the beginning of the following year, you submit the annual statement to the ZVSR and to your participating dual system. Here you can adjust your quantities once again and, if necessary, obtain additional licences so that the actual quantity ultimately includes all packaging quantities placed on the market during the year that are subject to system participation.
According to § 11 VerpackG of the Packaging Act, companies are obliged to commission an approved expert from the Central Agency and submit a certified declaration of completeness if they exceed certain de minimis limits. These are 80,000 kg for glass, 50,000 kg for paper, cardboard and paperboard, and 30,000 kg for all other materials.
If, during the course of the year, you find that you are putting more or less packaging material into circulation than originally planned, you can easily make these changes via our customer portal. This is referred to as an intra-year volume adjustment.
Which types of packaging fall under the Packaging Act?
With this change, transport packaging is also covered by the Packaging Act. Unlike sales packaging, which is subject to licensing requirements, transport packaging does not have to be licensed like packaging that is subject to system participation.
According to Section 15 of the Packaging Act, the following packaging is included:
Transport packaging
Shipping packaging
Sales and outer packaging that is not typically generated by private end consumers after use
Sales and outer packaging that is not compatible with the system according to Section 7 (5)
Sales packaging for goods containing harmful substances
Reusable packaging
Service packaging
Single-use beverage packaging that is subject to a deposit requirement in accordance with Section 31
Sales packaging Definition: Sales packaging is packaging that is typically offered to the end consumer filled with goods. It serves to protect the product, ensure safe delivery to the consumer, provide information about the product and also fulfil marketing functions.
Frequently asked questions
Who and what does the participation requirement apply to?
Every initial distributor of packaging, unless exempted under Section 12 of the Packaging Act (VerpackG), is required to participate in the system. All packaging must be licensed. This full registration includes, among other things, sales, reusable and transport packaging.
What applies to service packaging?
Distributors of service packaging are also responsible for licensing the packaging they offer. However, there is also the option of transferring participation in the system to the pre-distributor and purchasing packaging that has already been licensed.