How packaging law breaches come to light

If the ZSVR identifies irregularities, it investigates the case. The ZSVR is authorised to request documentation from the relevant companies and to order additional investigations. If there are specific grounds to suspect an administrative offence, the ZSVR will automatically report this to the responsible state enforcement authorities via the LUCID Authorities Portal.

The ZSVR then initiates enforcement proceedings. Once it has completed its investigations and, if necessary, held hearings, the ZSVR forwards the cases to the responsible state enforcement authorities. Breaches of the Verpackungsgesetz (Packaging Act) will be punished in the Federal State where the respective company is located. In most cases, the lower to mid-level district or urban waste management authorities are responsible for enforcement. 

Heads-up: Neither pending legal proceedings with the ZSVR nor ongoing proceedings with other authorities exempt companies from packaging law obligations or suspend these obligations. Companies under obligation must still fulfil their producer responsibility by independently classifying their packaging and complying with statutory requirements.

The LUCID Packaging Register is public – anyone can see who is registered there. The register of producers shows companies with their registration number, their packaging details, brand names and other details, such as their VAT number. This creates transparency and helps establish a level playing field where everybody plays by the rules. The LUCID Packaging Register allows companies to check and initiate their own civil law proceedings against competitors, alongside the measures taken by the ZSVR and state authorities, to prevent unfair competitive disadvantages. They may also file a complaint with the responsible state enforcement authorities, which can then take further steps (e.g. imposing a distribution ban or a fine).

The responsible authority in each Federal State is determined by the respective state law. For more information, please consult the responsible Ministry for the Environment in the relevant Federal State. The Federal States have often delegated the task of prosecuting administrative offences under the Verpackungsgesetz to the lower-level district or urban waste management authorities. The authority responsible for receiving a complaint is the one in whose jurisdiction the company in question is located.

For the packaging recycling market to work effectively, financial interests have to be aligned. In other words, companies need to cover the costs of recycling their retail, grouped or shipment packaging. Although companies have been required to finance the recycling of their packaging for a long time, many have ignored this obligation. Law-abiding companies have had to bear the cost of those who breached the law. The LUCID Packaging Register lays the groundwork for ending competitive distortions and fostering a fair market.