Packaging categorisation and system participation
What types of packaging are there? What are the statutory obligations that come with each of them?
Mail order company and online retailer obligations in detail: registration, participation, reporting
No matter what type of packaging they use – if mail order companies and online retailers distribute their goods in Germany, they always have to register with the LUCID Packaging Register. This registration requirement applies regardless of whether you distribute your goods via your own online shop or a marketplace. This applies without exception, even if your company is located abroad and distributes goods online to German customers.
The Verpackungsgesetz (Packaging Act) establishes obligations that apply to everyone, even in the case of low packaging volumes and when the shipped products are used or repaired instead of new.
The specific obligations depend on the packaging: if it typically accumulates as waste with private final consumers, you need to pay for its recycling. Shipment packaging is almost always subject to system participation. You can check with our catalogue database.
Obligations for packaging subject to system participation: registration, participation, reporting
Retail, grouped and shipment packaging is subject to system participation if it typically accumulates as waste with private final consumers, which is almost always the case for shipment packaging. Most retail and grouped packaging is also subject to system participation, meaning you have to pay for the recycling of this packaging. There are three things you need to do to fulfil your obligations under German packaging law:
Register with the LUCID Packaging Register.
Enter into a system participation agreement with a system operator. Please refer to this list for an overview of system operators.
You now have to regularly report your packaging volumes that are subject to system participation to both your system operator and the LUCID Packaging Register (data reporting).
Who is a private final consumer?
The Verpackungsgesetz (Packaging Act) defines private final consumers as private households and comparable sources of waste generation such as restaurants, hotels, hospitals, canteens, amusement parks, garden centres, laundries, libraries and schools. Comparable sources of waste generation also include craft enterprises and agricultural holdings where packaging waste is collected at the rate that is normally associated with private households, i.e. at 14-day intervals and in a waste bin that does not exceed 1,100 litres per collection group. A list of comparable sources of waste generation can be found here.
Online retail: applicable obligations by packaging type
Shipment packaging facilitates the shipment of goods to customers. Labels, tape or filler material are also considered shipment packaging. It is almost always subject to system participation, which is why you have three obligations to fulfil: registration, participation, reporting.
Heads-up: If you are manufacturing, packaging and distributing your products yourself or if you are importing goods into Germany and are legally responsible for those goods at the time they cross the border, you are responsible for your retail packaging. If your review shows that the packaging is subject to system participation, you have three obligations to fulfil: registration, participation, reporting.
Retail packaging is typically offered to final consumers as a sales unit comprising goods and packaging. If your review shows that the packaging is subject to system participation, you have three obligations to fulfil: registration, participation, reporting.
It is usually the manufacturer of the goods who is responsible for the retail or grouped packaging. This can either be you or the company you are sourcing your products from. If you are importing your goods from abroad, you have obligations under German packaging law to fulfil if you are legally responsible for the goods at the time they cross the border.
Used shipment packaging may also be subject to system participation – unless whoever used the packaging before you has already participated the packaging with a system. If you are using packaging that has already been participated with a system, you need to provide evidence of that system participation to the competent authorities. If you cannot prove that the packaging has already been participated with a system, you yourself need to conclude a system participation agreement.
Heads-up: Packaging components such as address labels, tape or filler material that you add to the shipment packaging is also always subject to system participation.
Reusable packaging is not subject to system participation. The rule for reusable packaging is simple: you are required to register with the LUCID Packaging Register. In the register, you have to indicate that you are using reusable packaging to hand over your products. The requirements for a reusables scheme are regulated by law. To learn more about the applicable obligations, check out our knowledge base dedicated to packaging types.
Then at the very least, you are required to be registered with the LUCID Packaging Register. You may have additional obligations to fulfil depending on your packaging and packaged goods. Whether the customer you deliver to or ship to is a commercial entity ('B2B customer') or not ('B2C customer') does not matter. You can use the system participation requirement catalogue to find out which of your packaging is subject to system participation.
Under the Verpackungsgesetz (Packaging Act), transport packaging is packaging that is typically used to deliver goods to retailers, where it is unpacked and accumulates as waste.
Larger units that typically accumulate in retail or other commercial settings at the end of the supply chain are considered retail or grouped packaging. This packaging may be subject to system participation. Shipment packaging such as shipping boxes or envelopes are almost always subject to system participation – regardless of the customer they are sent to.
Heads-up:
If your review shows that your packaging is subject to system participation, you have three obligations to fulfil: registration, participation, reporting.
For packaging that is not subject to system participation, such as transport or reusable packaging, you are always required to indicate the packaging type when registering, as well as the brand names.
Due diligence obligation for electronic marketplaces and fulfilment service providers
If mail order companies and online retailers distribute packaged goods via electronic marketplaces, they should expect inquiries about whether they are fulfilling their packaging law obligations. Marketplaces are legally required to verify this by checking whether sellers on their platform have met their registration and system participation requirements. If this is not the case, the marketplace operator cannot allow the seller to offer their goods via the marketplace.
Fulfilment service providers, too, may only offer their services to customers who comply with their packaging law obligations. For mail order companies and online retailers to be able to comply with the system participation requirement, the fulfilment service provider must inform them of the packaging volumes, broken down by material type, they are using to ship the goods. Check out our fulfilment knowledge base for more information about fulfilment service providers' packaging law obligations.
Heads-up: Marketplace operators and fulfilment service providers can use the ZSVR's automated register excerpt to check whether you are registered with the public LUCID Packaging Register.