Since the amendment of the German Packaging act (VerpackG) came into force in July 2021, companies and importers that place packaging “not subject to system participation” on the market, have new obligations. In particular, the registration obligation on the LUCID platform of the Central Packaging Register Foundation (also known as ZSVR) will be extended to all manufacturers within the meaning of the German Packaging law and to the final distributors of service packaging.
This includes, but is not limited to, the following packaging:
-Transport packaging: Packaging intended to facilitate the handling and transport of goods and typically not intended to be passed on to the final consumer (e.g., films enclosing a pallet)
-Reusable packaging
-Bundle packaging and sale packaging that is not subject to mandatory system participation: packaging that typically stays with professionals and not with the private end user
-Service packaging that is filled at the point of sale: Packaging that enables or facilitates the transfer of goods to the end consumer (e.g., a bakery handing over a bag with the product to a customer)
-Packaging of products containing harmful substances as well as packaging that is excluded due to system incompatibility (according to §7 (5) VerpackG)
-Packaging for beverages that are subject to a deposit
For more information on the distinction between packaging subject to system participation and packaging not subject to system participation, please find below a link to the infographic created by the ZSVR: Graphic_Packaging subject to system participation and packaging not subject to system participation (verpackungsregister.org)
If you are the first distributor of packaging that is not subject to a system participation obligation, since the amended law came into force, you are obliged to (among other things):
-take back all packaging that is not subject to system participation obligation free of charge at the place of handover or within the area. Ex: The first marketer of transport packaging must take this packaging back but can also agree with their distributor that they take directly care of it.
-according to §15 (1), to inform the end consumer of the return option and its meaning and purpose by appropriate measures (information obligation). Example: displaying information on the return option in the general terms and conditions, in contracts, on the website or on delivery bills.
-present a compliance concept ("obligation to self-organize"), which can be audited by the regulatory authority, as well as to implement take-back solutions and be able to document those (obligation to provide evidence). Example: the company concerned must be able to document internally what happens for example to its transport packaging after the delivery of the goods.
-register the packaging concerned with the ZSVR on its LUCID platform by 01 July 2022.
Focus on the extended producer registration on LUCID
On 05 May 2022, the extended registration requirement for initial distributors of all packaging types will be available on the LUCID platform. This should leave enough time to carry out the registration before the entry into force of the amendment, which is set on 01 July 2022. From this date, packaged products can only be sold in Germany if the manufacturer has registered its packaging subject to system participation as well as its packaging not subject to system participation on LUCID. E-commerce platforms will be required to ensure compliance of their sellers and, in the event of non-compliance, to prohibit the sale of the product concerned. To facilitate the work of E-commerce platforms, the ZSVR will provide them with a special interface that will allow them to automatically check whether their distributors are registered.
By July 1, 2022, all concerned companies must be registered with the ZSVR. As a result, hundreds of thousands of manufacturers of packaged products will have to make this registration in the coming months. The ZSVR is currently adapting the existing registration process to comply with the new legislation.
Thus, the packaging of the two categories (packaging subject to system participation and packaging not subject to system participation) will be listed separately during the registration process. According to the ZSVR, registration will also be facilitated by symbols, images, and information.
It should be noted that for packaging not subject to system participation, no data reporting on packaging quantities is required. Only the different types of packaging placed on the market need to be confirmed.