What is the Packaging Act?
All manufacturers that distribute packaged products on the German market are responsible for their packaging under the Packaging Act (VerpackG). This means that as sellers and distributors, they are required to take responsibility for disposing of packaging and to prevent or reduce the impact of packaging waste.
According to the Packaging Act, most packaging placed on the market must participate in the system. This means that manufacturers has to register their packaging with one of the dual systems such as PreZero Dual, that collects and recycles packaging waste as sustainably as possible.
The goal of the Packaging Act is, among other things, to gradually increase the recyclable share of packaging in order to conserve resources and to allow for a functioning packaging cycle. For instance, single-use plastic beverage bottles must be collected separately through the deposit system for recycling, reaching at least 77% by 2025 and 90% by 2029.
New features and obligations under the Packaging Act
In this short film, you will learn directly from the Central Agency Packaging Register (ZSVR), what needs to be considered. The ZSVR registers those responsible for producers, makes this information public, and ensures transparency and legal clarity.
Partnering with PreZero Dual ensures that your packaging is distributed legally and is disposed of and processed in an environmentally friendly manner. Find out below what obligations you have under the Packaging Act.
The Packaging Act: Questions and answers at a glance
Who must register?
Initial distributor: Fills empty packaging with products and introduces them to the German market for the first time.
Importer: Imports packaged products into Germany and markets them here for the first time.
Mail-order/Online retailer: Fills shipment packaging for the first time in mail-order business and sells it in Germany.
Where must distributors register?
Distributors must first register in the ZSVR’s LUCID Packaging Register. This is followed by obtaining a license from a dual system, such as PreZero Dual.
Which types of packaging must be registered with a dual system?
The types of packaging that must be reported are paper/cardboard/cartons, glass, aluminum, ferrous metals, beverage carton packaging, plastics, other composite packaging and other materials. Only retail packaging is required to participate in the system.
What do the dual systems provide?
The dual systems are required to fulfill the recycling quotas mandated by the government. Aside from that, they coordinate the collection, sorting, and recycling of packaging. By participating in a dual system, manufacturers successfully comply with their obligations under the packaging laws.
What distinguishes PreZero Dual?
PreZero Dual is the expert in integrated sustainability management, providing clients and partners with everything they need from packaging licensing and consulting to waste disposal and recycling - all under one roof.
Are there any advantages to the Packaging Act?
The goal of the Packaging Act is to prevent or reduce the environmental impact of packaging waste. The primary goal is to prevent packaging waste or alternatively prepare it for reuse or recycling. It also aims to recover additional valuable materials for high-quality recycling.
The most important points of the Packaging Act
- Packaging volume and weight are to be kept to a minimum.
- Packaging should be capable of being recycled and reused to the greatest extent possible.
- Harmful and hazardous substances and materials created during disposal should be reduced to a minimum.
- The reusability of packaging and the use of recycled materials should be maximized to the extent possible.
- Distributors of certain packaging must participate in a dual system to ensure it can be returned on a large scale before introducing the packaging into the market.
- If packaging is not delivered to end consumers, manufacturers may request reimbursement of the participation fees if they take back the packaging and recycle it in accordance with the requirements.
- Retailers and online marketplaces may not sell any products from manufacturers that do not participate in a dual system.
- Distributors are required to register with the Central Agency Packaging Register (ZSVR)
- If distributors are not properly registered, they may not market their packaging on the market and may not allow it to be sold by online marketplaces.
The following data must be submitted to the Central Agency Packaging Register:
● Registration number
● Type of material and dimensions of the packaging involved
● Name of the dual system in which participation has been arranged
● Period of time for which such participation is arranged
Manufacturers introducing a large volume of packaging into the market must submit a statement of completeness detailing the materials used. This is required if the following annual thresholds are exceeded:
● Glass over 80 t/year
● Paper, cardboard, and cartons over 50 t/year
● Lightweight packaging (LWP) over 30 t/year
- Manufacturers and sellers must take back packaging that is not subject to mandatory participation in the system, such as transport and reusable packaging, as well as retail packaging of products containing harmful substances.
- Take-back must be possible at or near the point of sale.
- If on-site take-back is not possible, it can be done at a central site accessible to consumers.
- The returned packaging must primarily be reused or recycled. The manufacturers and sellers must document this and provide evidence to the relevant authorities upon request.
- Violations of the Packaging Act may be prosecuted as an administrative offense.
- Possible consequences include sales bans or fines.
- Depending on the administrative offense, the fines are staggered in amounts of 10,000 EUR, 100,000 EUR, and 200,000 EUR.
What changed from the Packaging Ordinance to the Packaging Act?
The Packaging Act has been in effect in Germany since January 2019, introducing several changes for manufacturers and distributors. Previously, the Packaging Ordinance (VerpackV) had regulated, among other things, take-back and recycling obligations in Germany since 1991. In 2022, the next phase of the Packaging Act was introduced. So what’s new?
Higher recycling quotas
Dual systems are now required to fulfill higher recycling quotas in order to support a functioning recycling system even better.
The Central Agency Packaging Register (ZSVR)
If you are mandated to participate in a dual system, you must first register with the Central Agency in the LUCID Packaging Register and report your packaging volumes. The ZSVR will verify the information, compare it with the dual system, and ensure fair and transparent competition.
Which sales packaging must be registered in the LUCID packaging register and in the Dual System?
First, you need to report your applicable packaging volumes in the LUCID Packaging Register, then in a dual system such as PreZero Dual. Using the PreZero Dual license calculator, you can quickly and easily license your packaging and directly participate in the dual system. The following types of retail packaging are subject to licensing:
Cardboard, paper, carton
Glass
Aluminium
Plastics
Beverage carton packaging
Other composite packaging
Ferrous metals
Here’s how to report your data according to the Packaging Act
Every time you license packaging in a dual system, you are also required to report it to the Central Agency Packaging Register (ZSVR). The ZSVR will check whether the information submitted to the dual system matches your own records. Always check carefully to ensure that your data in the dual system and the ZSVR are correct and up to date – discrepancies can result in hefty penalties. The following reports are specifically important:
1. Reporting planned volumes
Before the start of each new calendar year, you should ensure that you have arranged for licensing in a dual system for all the packaging material that you will distribute in the coming year. Packaging materials already licensed by your supplier are exempt and thus need not be included.
2. Adjusting volumes
You can adjust the volumes at any time over the course of the year if you distribute more or less packaging that must participate in the system.
3. Annual final report
At the end of the year, but no later than at the beginning of the following calendar year, you are required to submit the final report to both the ZSVR and your dual system. Here, you’ll have the opportunity to adjust your volumes and, if necessary, arrange for subsequent licensing.
4. Declaration of completeness
If you exceed the minimum thresholds stipulated by law, you must submit a declaration of completeness to the ZSVR. These thresholds are 80 t/year for glass, 50 t/year for paper, cardboard, and carton, and 30 t/year for lightweight packaging (LWP) (ferrous metals, aluminum, plastics, other composites, beverage carton packaging). There are no thresholds for other materials (such as natural materials).
PreZero Dual: Benefits beyond the Packaging Act
The Packaging Act is straightforward: If you distribute packaging that must participate in the system, you are required to join a dual system such as PreZero Dual.
PreZero Dual gives you the advantage of using many other services that extend far beyond legal compliance. PreZero Dual is the expert in integrated sustainability management and offers numerous benefits:
- Price stability throughout the licensing year, with packaging licenses starting at just 79 EUR
- Minimum contract term of 1 year with only 3 months' notice period
- Peferred access to secondary raw materials
- Comprehensive 360° packaging consulting
- Expertise across the entire value chain
- Ideal for both small and large licensees