The German Packaging Act, known as the Verpackungsgesetz (VerpackG), is a significant piece of legislation aimed at reducing the environmental impact of packaging waste. Enacted on January 1, 2019, and expanded on July 1, 2022, this law replaced the previous Packaging Ordinance and introduced more stringent recycling targets and regulations. The Act is part of Germany’s broader efforts to promote sustainability and environmental responsibility, aligning with the European Union’s waste management and recycling directives.
Who must comply with the German Packaging Act?
The German Packaging Act applies to all businesses that place packaged goods on the German market, including manufacturers, importers, online retailers using fulfillment centers or self-packaging, and distributors.
Steps for Compliance
Compliance with the German Packaging Act involves several steps:
1. Registration
The German Packaging Act prioritizes the reduction or elimination of packaging waste. If manufacturers cannot avoid using packaging materials, then they must report to the Foundation Central Agency Packaging Register, aka Central Agency, and register with their Packaging Register, LUCID, before commercially marketing their products in Germany.
The LUCID system is responsible for ensuring that reporters are complying with the recycling conditions of the Packaging Act. By registering, manufacturers confirm their product responsibility and demonstrate compliance with the Act.
2. Submit Packaging Data
You must regularly report the types and quantities of packaging you place on the market, including sales, transport, and any other packaging that ends up as waste with the consumer.
Manufacturers who are marketing packaging materials subject to system participation requirements must submit, by May 15 every year, a ‘declaration of completeness’ for the previous year. The declaration of completeness is a report of the mass of the actual sales and repackaging materials marketed during the last calendar year.
Accordingly, the information must be certified by a registered examiner and filed electronically with the Central Agency in LUCID. You can find registered examiners in the examiners’ register of the Central Agency via LUCID.
Note that this obligation only applies if the actual quantity of packaging materials subject to system participation requirements marketed in the previous calendar year exceeds one of the following quantity thresholds:
– Glass: 80,000 kg
– Paper, Paperboard, Cardboard: 50,000 kg
– Ferrous metals, aluminum, plastics, drinks cartons, and other composites: 30,000 kg
3. Contract with a Dual System Operator
Additionally, you must enter into a contract with a licensed dual system operator for the collection and recycling of packaging waste.
4. Meet Recycling Targets
You must also ensure that the packaging materials meet their specified recycling targets, listed below.
5. Labeling
Lastly, you must properly label packaging to indicate its recyclability and any applicable deposits. Labels should indicate the type of material used in the packaging to aid in sorting and recycling processes.
There is also a deposit system in place for certain types of packaging, especially beverage containers. These containers must be labeled to indicate whether they are part of the deposit system (e.g., Pfand in German) and whether they are reusable or single use.
How to Register with LUCID
Registration with LUCID is simple and can be done online.
To request access data for LUCID, visit https://www.verpackungsregister.org, where you will find the button to register on the LUCID register. There, you enter the name of the company you’re registering, a natural person authorized to represent, an e-mail address, and password.
Once you submit this data, you will receive an activation e-mail with a link to access the template to enter your manufacturer data.
As part of the registration, you must also confirm that, in relation to the packaging materials you are marketing as a manufacturer, you have participated in one or more waste management and recycling programs. Finally, you can review your entries in a summary. To conclude, please confirm the completeness and accuracy of the information and end the process by clicking on the field “Conclude registration.”
You can find more detailed information and complete the registration process on the LUCID Packaging Register website.
Penalties for Non-Compliance
In the event of non-registration or distribution of goods where the manufacturer has not correctly registered the brands they are distributing, there is a potential fine of up to €100,000 per case.
Non-participation in a waste management or recycling program may be punished with a fine of up to € 200,000. In addition, it is conceivable that competitors will enforce the distribution ban by civil law. Conversely, anyone who sells or dispatches packaged products in Germany has nothing to fear if the relevant manufacturer is registered and all b2c packaging materials are correctly participating in a system.
Get Help with Packaging Directive Requirements
Germany is just one of the 27 EU member states implementing the EU Packaging Directive, each at different stages and with unique requirements. If you import into the EU, you must assess the regulations for each country where you sell products.
To navigate this complex landscape, Tetra Tech can guide you through the process and develop a Packaging Directive action plan to ensure compliance as member states update their national laws.
Contact Tetra Tech’s product compliance experts at [email protected] to understand how these changes may impact you and to maintain compliance amid evolving regulations.
