The provisions of the German Packaging Act [Verpackungsgesetz – VerpackG] have been tightened significantly. As of 1 July 2022, packaged goods in Germany may no longer be distributed if the manufacturer is not registered with the packaging register [Verpackungsregister LUCID], and downstream distributors in the supply chain, online marketplaces and fulfilment service providers are now required to monitor compliance with obligations under the Packaging Act. 

The German Packaging Act was adopted in 2019, but extensive amendments were made already in March 2021. Amendments introduced at the beginning of the year included a ban on placing plastic bags on the market with a wall thickness from 15 to 49 micrometres maximum and the obligation to document packaging materials placed on the market as well as material taken back and recycled in the previous year.

From 1 July 2022, the obligation to register with the German Central Agency Packaging Register (Stiftung Zentrale Stelle Verpackungsregister (ZSVR) will now be expanded considerably. Since 1. July 2022, all companies placing packaging materials filled with goods on the market for commercial purposes will be required to register with the LUCID Packaging Register. This also applies to final distributors of so-called service packaging, which until now had transferred the registration and licensing obligations to the upstream distributor. Registration with LUCID is free of charge and is done online. You will find a helpful guide here.

Since1 July 2022, a comprehensive verification obligation for electronic marketplaces and fulfilment service providers will take effect for system-relevant packaging. They are required to make a digital register request to verify whether their customers are registered with the packaging register and comply with their obligations under the German Packaging Act. This makes it illegal to work together with customers that do not meet the requirements of the German Packaging Act.

At the end of June 2022, placing single-use beverage packaging materials on the market having become subject to a deposit requirement for the first time from 1 January 2022 will no longer be allowed without a deposit being charged.

Consequences in practice

The amendments to the German Packaging Act significantly increases pressure on manufacturers and distributors of packaging materials. Anyone failing to register packaging materials or not registering them properly will be prohibited from distributing them. Likewise, electronic marketplaces and fulfilment service providers are prohibited from working for companies not complying with their obligations under the German Packaging Act. In addition, the expanded registration and documentation obligations improve the supervisory authorities’ monitoring of market participants, which in turn means they can expect to face stricter administrative enforcement measures (esp. fines) in the event of non-compliance.