Packaging Act (VerpackG)
The Packaging Act (VerpackG) forms a legal framework that regulates the manufacture, sale and environmentally friendly disposal of sales packaging. The Packaging Act defines the responsibility for packaging in accordance with Section 23 of the Closed Substance Cycle Waste Management Act (KrWG).
A key consequence of this is the obligation of 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 disposed of or recycled in an environmentally sound manner.
What is the Packaging Act?
The Packaging Act (VerpackG) regulates the manufacture, sale and environmentally friendly disposal of sales packaging. In accordance with Section 23 of the Closed Substance Cycle Waste Management Act (KrWG), it defines the responsibility for packaging. Retailers, online retailers and manufacturers are therefore obliged to actively participate in the disposal and recycling process. This also includes the obligation for packaging licensing to ensure that their sales packaging is properly disposed of or recycled.
Who does the Packaging Act apply to?
The Packaging Act (VerpackG) applies to all companies that place packaged goods on the market in Germany. This includes manufacturers, importers, online retailers and stationary retailers. Smaller companies and self-employed persons* are also affected, regardless of the amount of packaging used. Affected companies are obliged to register in the LUCID packaging register and to register their packaging with a dual system in order to ensure proper disposal and recycling.
Packaging licensing
The Packaging Act includes packaging licensing, which affects manufacturers and initial distributors of packaging. According to the Packaging Ordinance, they must participate in a dual system or set up their own take-back systems, which requires registration and license fees. Use our online calculator to calculate your costs and license your packaging!
Innovations in the VerpackG
Since July 1, 2022, it is prohibited to sell packaged goods without timely registration by the manufacturer. Electronic marketplaces and fulfillment service providers take on new responsibilities.
They may only offer packaging if the corresponding mail order and online retailers have handled their packaging in accordance with the requirements and are registered in the LUCID packaging register. In addition, all manufacturers who bring packaged goods into circulation in Germany for the first time must register, regardless of the type of packaging.
What types of packaging are covered by the VerpackG?
The revised Packaging Act also has an impact on transport packaging. In contrast to sales packaging, which is subject to a licensing obligation, transport packaging does not have to be licensed in the same way as packaging subject to system participation.
According to § 15 paragraph 1 of the Packaging Act, the following packaging is included:
- Transport packaging
- shipping packaging
- Sales and secondary packaging that does not typically end up with the private end consumer after use
- Sales and secondary packaging that is incompatible with the system in accordance with Section 7 (5)
- Sales packaging containing harmful substances
- Reusable packaging
- Service packaging
- Disposable beverage packaging subject to the deposit requirement pursuant to Section 31
Sales packaging Definition: Sales packaging is packaging that is typically offered to the end consumer filled with goods. It is used to protect the product, ensure safe delivery to the consumer, provide information about the product and also fulfill marketing functions.
Are you unsure whether your packaging is subject to system participation?
If you have any questions, our customer service team is on hand with expert knowledge. We know the answers to your questions and are on hand with help and advice. Whether you are an SME or a small business: we are your partner for packaging licensing!
Data reporting in accordance with the Packaging Act (VerpackG)
In addition to registering with the Central Agency via the public portal LUCID, companies must also submit data reports accoding to the VerpackG. This means that any packaging licensed with a dual system such as zmart must be reported to the Central Agency without delay. As a dual system, we transmit the packaging quantities licensed with us to the Central Agency, stating your personal registration number, in order to identify any discrepancies in the quantities reported. Incorrect or omitted data reports can be subject to fines of up to 200,000 euros.
The reports that you must make directly to the Central Agency without the involvement of third parties include:
Planned quantity notification
Vor Beginn eines neuen Kalenderjahres lizenzieren Sie das gesamte systembeteiligungspflichtige Verpackungsmaterial, das Sie planen, im nächsten Kalenderjahr in Verkehr zu bringen. Davon ausgenommen ist das Verpackungsmaterial, welches bereits von Ihren Lieferanten lizenziert wurde.
Quantity adjustment
If you discover during the course of the year that you are putting more or less packaging material subject to system participation into circulation than originally planned, you can easily make these changes via our customer portal. This is known as a volume adjustment during the year.
Year-end report
At the end of a calendar year, at the latest at the beginning of the following year, you submit the year-end report to the ZVSR and your participating dual system. Here you can adjust your quantities once again and possibly obtain additional licenses so that the actual quantity finally includes all packaging quantities subject to system participation placed on the market during the year.
Declaration of completeness
According to 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 carton and 30,000 kg for all other materials.
Objectives of the Packaging Act (VerpackG)
The objectives behind the Packaging Act (VerpackG) are to achieve responsible use of resources and to protect the environment.
These goals are to be achieved by:
- Increasing the recyclability of packaging
- Reducing packaging waste
- Increasing recycling rates
- Producer responsibility for the life cycle of packaging
- Promoting the use of more environmentally friendly materials for packaging
- Responsibility for collection, reuse and recycling