The Packaging Act (VerpackG) came into force on July 13, 2017, and was amended by art.  6 of the Act dated October 25, 2023 (Federal Law Gazette No. 294). It is a special law under the Circular Economy Act (KrWG) and specifies the product responsibility anchored in sec. 23 para. 1 KrWG in the area of packaging.

Packaging

The Packaging Act defines various types of packaging. According to sec. 3 No. 1 VerpackG, packaging is legally defined as “products made of any materials used to contain, protect, handle, deliver, or present goods, ranging from raw materials to processed products.” This definition is based on the EU Packaging Directive but places greater emphasis on the intended use of the packaging.

Each packaging must be assigned to a specific category, defined by general and specific characteristics. The categories include:

• Sales packaging (sec. 3 para. 1 No. 1 VerpackG)
• Service packaging (sec. 3 para. 1 lit. a VerpackG)
• Shipping packaging (sec. 3 para. 1 lit. b VerpackG)
• Grouped packaging (sec. 3 para. 1 No. 2 VerpackG)
• Transport packaging (sec. 3 para. 1 No. 3 VerpackG)

Service and shipping packaging are specialized forms of sales packaging modified for specific uses.

Determining whether a product qualifies as packaging under the law is often unclear. A non-binding self-check is available on the website of the Central Packaging Register Foundation, which also provides criteria for classification. These include packaging function, relation to goods, product component, product utility, and additional elements. Further criteria are listed in Annex 1.

Responsible Parties

The obligations of the law apply to those responsible for generating packaging waste, referred to as “manufacturers.” A manufacturer is defined as any distributor who first commercially places packaging on the market or imports it into Germany (sec. 3 para. 14 VerpackG). Packaging must be filled with goods to fall under the law. Empty packaging is excluded. The broad definition of “manufacturer” means it includes more than just traditional producers. Companies should carefully assess their responsibilities under the law.

Packaging Obligations

The obligations vary depending on the type of packaging, particularly regarding system participation. If packaging is not subject to system participation, other obligations apply.

Registration Obligation

Regardless of packaging type, manufacturers must register with the “LUCID” packaging register before placing packaged goods on the market (sec. 9 VerpackG).

System Participation Obligation

Further obligations depend on whether the packaging is subject to system participation, which applies if the packaging typically becomes waste at private end consumers. Manufacturers must enter into a contract with a dual system operator to finance collection, sorting, and recycling via participation fees. They must also submit regular data reports (sec. 10 VerpackG) on the packaging placed on the market. These include planned quantities for future periods and actual quantities in annual and interim reports.

Take-Back and Recycling Obligation

Manufacturers of packaging not subject to system participation must ensure take-back and recycling themselves.

Labeling Obligation

Sec. 6 VerpackG allows voluntary labeling of packaging to identify materials. The EU may make this mandatory in the future. Only the codes listed in Annex 5 may be used.

Separate Collection Obligation

Sec. 13 VerpackG imposes a separate collection obligation on private end consumers and similar waste generators (sec. 3 para. 11 VerpackG), not on manufacturers. This ensures proper, safe, and high-quality recycling.