System participation requirement: using the catalogue data base to verify compliance

Whether packaging 'typically’ – i.e. for the most part – accumulates as waste with private final consumers depends on the result of an overall market assessment by product groups. That means that the classification of packaging does not hinge on any specific case, sector or distribution channel.

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.

The guidelines can help you use the system participation requirement catalogue as an administrative regulation. They also include further information about the structure and legal background of the catalogue as well as answers to frequently asked questions.

Heads-up: Search results and product sheets must always be used together with the catalogue guidelines, never on their own.

That does not mean that the packaging of that product is not subject to system participation or that you are exempt from packaging law obligations. The catalogue is not exhaustive.

Here's what else you can do:

1. Look for analogies. In other words: search the catalogue for products that are similar to yours – especially similar as to how and in which packaging they are distributed and whether they accumulate as waste with private final consumers or comparable sources of waste generation. The result is transferable.

2. To fulfil your producer responsibility, you must classify the packaging yourself, i.e. you must assess whether your packaging is subject to system participation. For case-based specialist advice, please reach out to qualified experts, environmental consultants, system operators or auditors. Check the ZSVR's register of auditors for help.

3. The ZSVR decides upon application whether packaging is to be classified as (i) packaging subject to system participation, (ii) reusable packaging or (iii) single-use beverage packaging subject to deposit. These are general decisions. The results can be transferred to comparable packaging by analogy.

Heads-up: To be sure that you are acting in compliance with the law, please check for yourself whether your packaging is subject to system participation. If it is, enter into a system participation agreement with a system operator. You can choose one from this list of system operators.