Today, retailers and distributors must comply with a wide range of regulations. Rules around Extended Producer Responsibility (EPR) will be strictly enforced in Germany from 2025 and tightened even further from 2026. Failure to meet these requirements can result in a sales ban.
If you sell products covered by the Packaging Act (VerpackG), Electrical and Electronic Equipment Act (ElektroG), or Battery Act (BattG), your obligations must be fully documented and verifiable. Here, we outline the key points and clarify liability issues related to EPR.
What is EPR, and when does a sales ban apply?
EPR stands for Extended Producer Responsibility. The principle is simple: companies that produce or sell products are also responsible for
- Collection,
- Take-back,
- Recycling, and
- Disposal
These measures aim to conserve essential resources, boost recycling, and protect the environment. In Germany, this responsibility is enforced through several laws—primarily the Packaging Act (VerpackG), Electrical and Electronic Equipment Act (ElektroG), and Battery Act (BattG). Violating EPR obligations can lead directly to a sales ban.
What happens if EPR obligations are not met?
Understanding and adhering to the legal framework is critical, as sales bans due to EPR violations are taken very seriously. These regulations primarily affect manufacturers based in Germany, importers bringing goods into Germany, and foreign online retailers shipping directly to German consumers. Online marketplaces are also increasingly responsible for ensuring compliance through packaging reporting requirements.
Important note: The EU is introducing an EPR obligation for textiles as part of the Circular Economy Package, expected to be implemented nationally in 2025/2026. EPR rules now also cover mattresses, and regulations exist for tire disposal.
Key obligations to avoid a sales ban in online trade
To prevent EPR violations and potential sales bans, your approach to EPR compliance must be structured. Requirements vary by product category but follow a clear framework:
- Register with the relevant authorities: A sales ban can be enforced if registration is missing. For packaging, this is the LUCID packaging register; for electrical equipment and batteries, the EAR Foundation is responsible. Without registration, selling is legally prohibited and constitutes an EPR violation.
- Obtain and submit your EPR number: Each category requires its own number, which serves as official proof to authorities, partners, and marketplaces. Marketplaces use this to verify compliance.
- Report quantities: You must regularly report how much you place on the market—broken down by material type, weight, packaging format, or device category. Missing or inaccurate reports can trigger a sales ban.
- Pay licensing fees: These fees finance collection, sorting, and recycling via Producer Responsibility Organizations (PROs). Non-payment carries legal consequences.
- Meet recycling quotas: Minimum quotas apply by category. Ensure that take-back and recycling systems comply with legal requirements and report compliance to the authorities.
Legal consequences of EPR violations
Many companies underestimate how quickly a sales ban can be applied or enforced. On marketplaces, enforcement doesn’t involve long correspondence with authorities—it happens through platform mechanisms: listings are blocked, products removed, and sales stopped. Depending on the platform, this can affect entire accounts or categories.
Other common consequences include:
- Fines
- Reputational damage
- Cease-and-desist orders
Liability: Who is responsible—retailer, manufacturer, or marketplace?
Before a sales ban is enforced, the question of liability arises. Who is accountable under EPR? While EPR defines roles (manufacturer, importer, distributor), anyone placing products “on the market for the first time” can be held responsible.
If you import or sell under your own brand, you may be considered a manufacturer under EPR. Retailers are also affected if they fail to provide valid EPR registration numbers.
Marketplaces are under increasing scrutiny as well. Platforms like Amazon, eBay, and Temu must enforce sales bans and remove non-compliant listings, documenting data and allowing follow-up checks.
E-commerce is evolving: marketplaces now not only block listings but also maintain compliance oversight.
Avoid sales bans—and gain planning certainty with EPR
To prevent sales bans, adopt a structured, proactive approach. It’s not enough to comply—you must be able to prove compliance at all times to authorities, partners, and marketplaces.
In practice: review product categories, clarify your role (manufacturer, importer, retailer), register with the relevant authorities, and submit the required numbers. Document quantity reports and fee payments transparently. Keep an eye on new categories, such as textiles, to avoid surprises from future expansions.
Sales bans often occur when processes are unclear—missing responsibilities, incomplete registrations, or delayed documentation are major pitfalls. By establishing clear workflows early, you not only reduce risk but also strengthen your market position, as compliance increasingly becomes a marker of quality.
FAQ: Sales Ban Due to EPR Violations
When does a sales ban apply due to missing EPR registration?
A sales ban applies if you cannot provide valid registration with the relevant authorities. For packaging, this is registration in the LUCID system; for electrical equipment and batteries, it is the EAR Foundation. Marketplaces increasingly verify this automatically and block listings when proof is missing.
What does a sales ban mean for international sellers?
Foreign sellers are also affected if they deliver directly to German consumers. Products covered by VerpackG, ElektroG, or BattG must comply with EPR obligations. Marketplaces require valid EPR numbers from all sellers, and without them, sales can be immediately stopped—even if the goods are already in Germany.
Who is liable for EPR violations—manufacturer, importer, or retailer?
Liability depends on who is considered the “first placer on the market.” Importers or private-label sellers may be treated as manufacturers. Retailers can also be held accountable if they fail to provide registration numbers or ignore obligations. Clear role definitions in the supply chain are essential.
What legal consequences are common besides sales bans?
Consequences range from sales prohibitions and fines to cease-and-desist orders. Reputational damage is also possible, especially if sustainability is part of your corporate communication. Sales bans are often the most visible and financially impactful effect, and repeated audits or additional obligations may follow depending on the violation.
How can you actively prevent a sales ban due to EPR violations?
Establish EPR compliance as a structured process: registration, EPR numbers, quantity reporting, license fees, and recycling quotas. Ensure that proof is always readily available—for authorities and marketplaces. Early, accurate documentation significantly reduces the risk of listing blocks.
