Packaging Act and disposal obligations for foreign companies

The Packaging Act (VerpackG) regulates the Obligations of companies that bring packaging to Germany. This also applies to foreign companies that sell goods to German end customers or retailers. Those who do not comply with the regulations risk high penalties and sales bans.

1. who is affected by the Packaging Act?

Every company that places packaged products on the German marketmust comply with the Packaging Act. This includes:

-German companies that use packaging
-Foreign online retailers & marketplace sellers (Amazon, eBay, Shopify)
-Dropshipping provider
-Manufacturers & importers who sell directly to German consumers

Important:

• It doesn't matter where the company is based - if you sell to Germany, the Packaging Act applies to you.
• Retailers who have Amazon FBA or eBay sell must register.

2 Which packaging is affected?

The Packaging Act distinguishes between different types of packaging:

Important:
If you sell goods via a fulfillment service provider (e.g. Amazon FBA), you remain nevertheless responsible for the packaging obligations.

3. registration obligation: LUCID database

All companies that sell packaging in Germany must register with the Central Agency Packaging Register (ZSVR) register.

How does registration work?

1. Free registration in the LUCID database (www.verpackungsregister.org)
2. Notification of packaging quantities (monthly or annually)
3. Licensing for a dual system (e.g. Der Grüne Punkt, Interseroh)
4. Proof of packaging quantities in the LUCID database

You are not allowed to sell packaged products in Germany without registration!

4. licensing obligation: dual systems

Companies have to face a dual system connect. These systems take care of the Disposal and recycling of packaging.

Well-known dual systems in Germany:

• The Green Dot (www.gruener-punkt.de)
• Interseroh+ (www.interseroh.plus)
• BellandVision (www.bellandvision.de)
• EKO point (www.eko-punkt.de)

How does licensing work?

1. Estimate packaging quantities (e.g. 100 kg of cardboard per year)
2. Conclude a contract with a dual system
3. Pay fees (depending on material & quantity)
4. Packaging quantities to the ZSVR & the dual system report

Costs:

• Depending on the quantity and type of packaging.
• Example: 500 kg cardboard & 50 kg plastic cost approx. 50-150 € per year.

5 What are the penalties for violations?

Companies that do not register or do not obtain a license risk high costs. Fines and sales bans.

Penalties according to VerpackG:
-Up to 200,000 € fine in the absence of registration or licensing.
-Sales ban in Germany (Amazon & eBay block unregistered traders).
-Warning letters from competitors & environmental organizations.

Tip: Marketplaces like Amazon & eBay demand the LUCID number from retailersto ensure that they are registered.

6. special cases: Import, dropshipping & EU companies

There are different rules depending on the business model:

Tip: If you are a foreign dealer not directly based in Germanyyou can use a Authorized representative who will take over your packaging duties.

7. new regulations since 2023 & 2024

Since July 2022:

• Every retailer must register with LUCIDeven if he only sells small quantities.
• Online marketplaces (e.g. Amazon, eBay, Otto) may only allow registered retailers.

Since January 2023:

• Extended returnable packaging obligationRestaurants, cafés & delivery services must offer reusable packaging.

Expected changes in 2024:

• Stricter controls for foreign dealers.
• Planned CO₂ tax on packagingto promote sustainable materials.