Why the Packaging Act is important

Introduction and significance of the Packaging Act

ThereThe Packaging Act (VerpackG) formsThe Packaging Act (VerpackG) provides the legal basis for promoting the circular economy in Germany. It replaced the Packaging Ordinance (VerpackV) in 2019 and established a stricter control and reporting system. Its central objective is to avoid or reduce the environmental impact of packaging waste (§ 1 para. 1 VerpackG).

Manufacturers and distributors of packaging are obligated to take responsibility for the products they place on the market. This strengthens the polluter pays principle: those who put packaging on the market must also ensure its take-back and recycling.

The law pursues several waste management objectives.The goals are: avoiding packaging waste, increasing recycling rates, and ensuring fair competition through equal obligations for all market participants. Additionally, curbside collection of packaging should promote high-quality recycling.enable evaluation (§ 1 para. 2 VerpackG).

A particular focus is on beverage packaging. The goal is a reusable packaging share of at least 70%, as well as binding collection quotas for single-use plastic bottles: at least 77% from 2025, and at least 90% from 2029 (§ 1 para. 3 VerpackG). These requirements ensure a closed recycling loop.on plastics.

Furthermore, the German Packaging Act implements European requirements of Directive 94/62/EC on packaging and packaging waste (§ 1 para. 4 VerpackG). Thus, in Germany, at least 65% of all packaging waste must be recovered and at least 55% recycled annually (§ 1 para. 4 sentence 2 VerpackG). Different quotas apply to materials such as glass, paper, metals, and plastics, according to § 1 para. 4.

The Packaging Act thus combines environmental protection, resource efficiency, and market transparency. It imposes binding obligations on companies and simultaneously contributes to promoting ecological innovations.

Who is affected and what obligations arise for manufacturers and distributors?

The Packaging Act primarily affects manufacturers as defined by the Act. A manufacturer is any distributor who places packaging on the market for the first time on a commercial basis. This includes not only producers but also importers who bring filled packaging into Germany (§ 3 para. 14 Packaging Act).

Retailers and distributors are also subject to these obligations when they supply packaging to end consumers. This is particularly relevant for final distributors, i.e., companies that deliver goods directly to private households or similar points of origin (§ 3 para. 13 VerpackG).

Furthermore, online retailers and operators of electronic marketplaces are included. Marketplace operators may only list products from manufacturers who are properly registered in the packaging register (§ 9 para. 5 VerpackG).

Furthermore, the law also appliesFulfillment service providers, insofar as they undertake the storage, packaging, addressing, or shipping of goods for third parties (§ 3 para. 14c VerpackG). These providers may only perform their services if the client is properly registered.

Foreign manufacturers without a branch in Germany are also affected. They must appoint an authorized representative based in Germany who will assume these responsibilities (§ 3 para. 14a VerpackG).

This means that not only traditional producers are affected, but also retailers, importers, online shops, platform operators, and logistics providers. All are obligated to register their packaging, participate in the system, and submit the necessary data reports – otherwise, they face sales bans and fines (§ 9 para. 5, § 34 VerpackG).

The law distinguishes between sales packaging, outer packaging, and transport packaging (§ 3 VerpackG). The obligations for sales packaging and outer packaging are particularly relevant, as these typically end up with private consumers and therefore must be disposed of through dual systems.

Naccording to § 7 of the Packaging Act Manufacturers are required to participate in a dual system and license the quantities of packaging they place on the market. Furthermore, the law mandates transparency regarding material flows to prevent distortions of competition. Manufacturers, distributors, and importers must record their data completely and verifiably and report it to the LUCID packaging register.

Special considerations for internationally active companies

The Packaging Act places particular demands on internationally operating companies. They must not only comply with national regulations, but also ensure that their internal systems enable reliable recording of packaging quantities.

The integration of international supply chains, diverse data sources, and complex structures often makes auditing challenging. Early organization of data processes is therefore crucial.

Declaration of completeness pursuant to Section 11 of the Packaging Act

A key element of the Packaging Act is the declaration of completeness (§ 11 VerpackG). It must be submitted annually by May 15th for the preceding calendar year if the legally defined quantity thresholds are exceeded (§ 11 para. 4 VerpackG).

The declaration contains a detailed list of all packaging placed on the market, broken down by material type and weight. This includes sales and outer packaging subject to system participation requirements, as well as packaging disposed of via industry solutions or through take-back in accordance with Section 7 of the German Packaging Act (Section 11, Paragraph 2 of the German Packaging Act).

The declaration of completeness serves as the central basis for proof vis-à-vis the Central Agency Packaging Register (ZSVR). It enables transparent monitoring of material flows in the market and ensures that companies can document their product responsibility in a comprehensible manner.

The declaration of completeness is filed electronically via the LUCID register, which is operated by the Central Agency Packaging Register (ZSVR). LUCID serves as a central control instrument and is partially publicly accessible to create market transparency and prevent distortions of competition.

This makes the declaration of completeness far more than a mere formality. It ensures comparability of packaging quantities, creates a basis for calculating disposal costs, and guarantees that companies demonstrably fulfill their product responsibility.

Examination and confirmation obligation

The declaration of completeness must not be submitted without external confirmation. According to Section 11 Paragraph 1 Sentence 2 of the German Packaging Act (VerpackG), it must be confirmed by an independent auditor before submission. Registered experts pursuant to Section 27 Paragraph 1 of the German Packaging Act (VerpackG), as well as registered auditors, tax advisors, and certified public accountants pursuant to Section 27 Paragraph 2 of the German Packaging Act (VerpackG), are authorized to perform this verification.

The auditors must be registered in the auditor register of the Central Agency Packaging Register (ZSVR) and guarantee their independence in economic, personal and professional terms.Their task is to establish with sufficient certainty that the reported packaging quantities are correct, plausible and verifiable.

Confirmation is exclusively electronic. For this purpose, the auditor's certificate must be provided with a qualified electronic signature (QES) and stored in the LUCID register. Only when all documents required by the Central Agency have been stored electronically is the legal obligation under Section 11 Paragraph 1 of the German Packaging Act (VerpackG) considered fulfilled.

Missing or insufficient confirmations mean that a declaration of completeness is not legally valid. This can have serious consequences, including fines or publication as a non-compliant manufacturer in the public register of the Central Agency Packaging Register (ZSVR).

Content and procedure of the examination

The review of a declaration of completeness pursuant to Section 11 of the German Packaging Act (VerpackG) essentially comprises a review of the relevant documents, a comparison with internal records, and a plausibility check of the reported packaging quantities. The auditor also assesses whether the company's internal processes are suitable for accurately recording the data.

Finally, the auditor prepares a comprehensive audit report and a confirmation pursuant to Section 11 Paragraph 1 Sentence 2 of the German Packaging Act (VerpackG), in accordance with the requirements of the Central Agency, and transmits these documents electronically to the Central Agency Packaging Register (ZSVR). The legal obligation is only fulfilled once the declaration of completeness, the audit report, and the audit confirmation have been electronically filed with the Central Agency Packaging Register (ZSVR) (Section 11 Paragraph 3 VerpackG).

The entire process involves a certain amount of organizational and documentary effort, but it ensures legal certainty and protects against the fines described in the section "Consequences of violations".

Consequences for violations

The Central Agency Packaging Register (ZSVR) strictly monitors compliance with the obligations under the Packaging Act. Companies that fail to submit their declaration of completeness, submit it late, incorrectly, or incompletely, are committing an administrative offense (§ 36 para. 1 no. 11 Packaging Act).

Such violations can be punished with substantial fines. Depending on the type of violation, the maximum amounts can reach up to €100,000 per individual case, and in certain circumstances even up to €200,000. In addition to financial penalties, there are significant reputational risks, as the Central Agency for Safety and Health Products Safety (ZSVR) is authorized to publicly name unreliable manufacturers.

Furthermore, failure to comply with these obligations can result in affected companies no longer being legally permitted to sell their products. For many businesses, this represents not only a legal threat but also a significant economic risk.

To avoid these consequences, it is essential that the declaration of completeness is not only formally submitted on time, but also factually correct and comprehensible in content and that it is filed.

Our support

The requirements of the German Packaging Act (VerpackG) present many companies with significant organizational and legal challenges. Our firm possesses comprehensive expertise and many years of experience in reviewing declarations of completeness pursuant to Section 11 of the VerpackG. We support you in all phases of the process – from data collection and structured preparation to legally compliant electronic transmission to the Central Packaging Register (ZSVR).

Through our methodically sound and practically proven approach, we ensure that your reports are not only formally correct, but also complete, plausible, and comprehensible in content. We place particular emphasis on close coordination with your company, so that internal processes are efficiently integrated and duplication of effort is avoided.

Our support doesn't end with the audit certificate. We also advise you on optimizing your internal recording and documentation processes to make future reporting simpler and smoother. This creates long-term security for your company and sustainably reduces administrative effort.

The Packaging Act makes it clear that environmental responsibility and business practices are inextricably linked. An audit according to Section 11 of the Packaging Act is therefore far more than a legal obligation: it offers the opportunity to position your company as a market participant that operates sustainably, transparently, and in compliance with the law.

Request for review pursuant to Section 11 of the Packaging Act

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