Misconceptions about the German Packaging Act
Misconceptions about the German Packaging Act: Fact checking for businesses
The German Packaging Act (VerpackG) is the source of much confusion and misunderstanding. This article will try to clear up the most common misconceptions in relation to the German Packaging Act and explain which points your company really needs to pay attention to. This will help you prevent expensive mistakes and always be compliant.
Misconception 1: The ‘producer’ is the same as the packaging manufacturer
Wrong! Under the German Packaging Act, the ‘producer’ is not the company that made the empty packaging. Instead, it’s the business that first places goods in their packaging and puts them into circulation for commercial purposes. This could be a retailer, importer or marketplace operator, for example. Please note: Producers are obliged to register with the LUCID Packaging Register at the Central Agency Packaging Register (ZSVR), and also license their packaging with the dual system – for example through Noventiz
Misconception 2: Micro-enterprises and startups are exempt
This is a very common misconception! The obligations under the German Packaging Act apply from the first packaging that is put into circulation – there is no de minimis limit. This means that even micro-enterprises and startups have to license their packaging. For such cases, Noventiz offers straightforward solutions without minimum amounts. Licensing your packaging volume via Packaging Direct just takes a few steps.
Misconception 3: Once you have a license, you will always be compliant
Unfortunately, this is not the case. You have to license your packaging every year. Once you have registered with the LUCID Packaging Register and entered your packaging into the dual system, you are obliged to submit annual reports.
These include:
- Forecast reports or planned volume reports at the end of the year, indicating the volumes expected for the following year.
- During the year, a report on the actual packaging volume, an interim report on the packaging volume put into circulation to date.
- Supplementary packaging volume reports in case the actual packaging volume put into circulation exceeds the previous year’s forecast.
Not submitting regular reports puts you at risk of penalties. All reports must be submitted twice: to the dual system you have chosen to use and to the ZSVR.
Misconception 4: The German Packaging Act affects the packaging industry alone
The law affects anyone who fills packaging with goods for commercial purposes in Germany – this also includes online retailers, importers and distributors, whereas the producer of the packaging is not considered the company that made the packaging under this law. The obligation to register is not tied to the sector or the size of the business. Since July 2022, the obligation to register with the Packaging Register has been applicable for all types of packaging, including transport packaging.
Misconception 5: The registration obligation only applies to packaging that is subject to mandatory participation
Since 2022, all types of packaging, including transport packaging, are obliged to register. Even though transport packaging is not subject to mandatory participation, it is still subject to the take-back and verification obligations.
Misconception 6: There is a labelling obligation
Germany has no obligation to use a logo to show participation in the dual system. There is also no obligation to show waste sorting advice and the LUCID number. Please note that this may be different in other EU countries.
Misconception 7: Filling material is not counted as packaging
Filling material such as bubble wrap, tissue paper and packing chips also count as packaging and must be licensed. Businesses also have to prove participation in the system and meet verification obligations for filling material.
Misconception 8: The Packaging Act only applies in Germany
Even though the German Packaging Act only applies to packaging that is put into circulation in Germany, all other
Misconception 9: The German Packaging Act is only about disposal
The VerpackG doesn’t just provide specifications for disposal. It also promotes the avoidance and recycling of packaging. It contains recycling rates and requirements for a resource-saving packaging design.
Misconception 10: The German Packaging Act never changes
The VerpackG is constantly being modified. There have been several amendments since it was first introduced in 2019, for example when the registration obligation was extended and new obligations to provide information were introduced. A further tightening of the rules is expected for 2025, for example with regard to recycling rates and reporting obligations. It is crucial for companies to stay informed.
Conclusion:
There are plenty of persistent misconceptions about the German Packaging Act. Sticking with the facts provides security and helps avoid unnecessary risks or penalties. Noventiz will be happy to advise you about your business’s obligations under the VerpackG. Just drop us a line via our contact form.
Webinar
German Packaging Act for beginners: All to-dos explained in an understandable way
Founders and young companies often start their own businesses with great enthusiasm, juggling grant applications, permits and insurance policies. However, very few are aware of the legal requirements for packaging of all kinds or electrical appliances. And that can be costly!
Find out more about your legal obligations under the Packaging Act now in our compact and free webinar recording. Please note that the webinar is only available in German.
