Packaging Act / VerpackG Information for distributing companies of electrical and electronic equipment and all other products

As of January 1st, 2019, the new Packaging Act (German Verpackungsgesetz resp. VerpackG Germany) came into force. The Packaging Act will replace the Packaging Ordinance (German Verpackungsverordnung resp. VerpackV Germany). For this reason, the foundation Central Packaging Registration Board (Stiftung Zentrale Stelle Verpackungsregister) has started to work on monitoring and ensuring the licensing within the law. The foundation Central Packaging Registration Board is kind of a “Foundation EAR for packaging materials” and a foundation of associations of the industry and commerce.

All companies distributing products and this means also companies distributing electrical and electronic devices according ElektroG (German WEEE conversion) are affected by the Packaging Act. The reason is that everyone who sells electrical and electronic devices or other products also distributes packaging materials. Therefore, everyone who sells electrical and electronic devices or other products will be classified as a so-called “producer” of packaging material and needs to be registered and to license his materials according to the Packaging Act as of January 1st, 2019 – in case that the products are intended for the private consumer or for receivers which are classified similar to private households. Consequently, all producers will be obliged to register in LUCID, a check register with the foundation “Central Packaging Registration Board” and, in addition, they need to license by one of the certified so-called “Dual Systems”.

This applies not only in Germany. Whoever wants to sell packaged products to countries other than Germany must also take care of the registration of packaging in these countries. Our International Compliance team will be happy to take care of this for you. Click here for the service "Packaging registration abroad".

Producers have to register with the Central Packaging Registration Board. At the same time, they have to license their volume of packaging material via a Dual System of their choice. Registering with the Central Board needs to be effected personally, by the producer company itself. For licensing via a Dual System, the producer is free to make use of a service provider. The Central Packaging Registration Board is centralizing all volumes and types of packaging materials per Dual System, in order to assure a fair sharing of the total costs of registration, transport and all information obligation.

The foundation Central Office Packaging Registry shall contribute to improve the packaging recycling and the standards for a design that is suitable for recycling. The dual systems need to report every year, in which way they have promoted recyclable packaging and the use of recycled materials and how packaging materials may have been recycled. Ecologically sound packaging would be therefore much more favoured. Anybody who opts for ecologically sound packaging could have advantages. In total, an environmentally sound use and the fair cost allocation are important objectives of the new Packaging Act.

Everyone who is obliged to license via this official registry may see if his market players are registered as well. If they are not, they will no longer be allowed to market their products and they could be fined up to 200,000 EUR. In this way, the market players can monitor one another.

New Packaging Act "VerpackG2" applies since 3 July 2021

The legislator has introduced relevant changes into the VerpackG, which are valid step by step, taking into account transition periods, from 3 July 2021 until 1 January 2029.

Our brief overview does not claim to be complete. If you have any questions or uncertainties, please contact our advisory service, which you can reach by telephone on +49 (0)40750687 - 0 or by email at beratung@take-e-way.de for a non-binding consultation.

A brief overview of the most important changes to the Packaging Act

• Since 3 July 2021, foreign obligated parties have the option of appointing an authorised representative (Section 3, 9 and 35 of the Packaging Act). If companies do not have a branch in Germany, they can transfer almost all obligations to an authorised representative. Not transferable is the obligation to register according to Section 9 of the packaging Act at the Central Packaging Registration Board (Stiftung Zentrale Stelle Verpackungsregister). This must be done personally.
• Electronic marketplaces and fulfilment service providers have new responsibilities (Section 3, 7 and 9 of the Packaging Act). They are now obliged to check whether producers of packaged goods on their platform are listed in the Central Packaging Registration Board. If not, they are not allowed to offer the products. A one-year transitional period until 1 July 2022 applies here.
• The registration obligation will be extended as of 3 July 2022 (Section 7 and 9 of the Packaging Act). "Producers" of service packaging will be obliged to register, even if they purchase goods already registered through the pre-distributor.
• The take-back and recovery obligations have been extended (Section 15 of the Packaging Act), valid since 3 July 2021: Proof of compliance with the take-back and recovery requirements for transport packaging must be provided. Producers of transport packaging must also register in the LUCID of the Central Packaging Registration Board from 1 July 2022.
• Producers or downstream distributors of packaging or one-way beverage packaging in the supply chain, as well as systems and industry solutions, must maintain appropriate financial and organisational resources for management, including separate collection and the provision of sorting and treatment processes (Section 15 of the Packaging Act).

Ensure your simple and cost-efficient full service solution for the licencing of packaging according Packaging Act now: