Dual System According to the Packaging Act – Purpose and Structure
The Packaging Act (VerpackG) aims to drastically reduce environmental impacts caused by packaging waste. Within its framework, manufacturers and retailers bear the responsibility to either avoid waste altogether or process it in a way that makes it recyclable. Dual systems take on the task of properly collecting, sorting, and recycling packaging waste, with obligated companies entering into a system participation contract.
What exactly is the role of a dual system, who needs to register with them, and how does it work? In this article, we answer the most important questions about dual disposal systems.
In Germany, manufacturers, importers, or online retailers offering goods in packaging for private end consumers are obligated by the Packaging Act to participate in a dual system. The legal framework includes participation in a nationwide established return system, ensuring the responsible collection and disposal of packaging waste. The comprehensive collection of these wastes is organized and carried out by operators of dual systems.
What Function Does a Dual System Serve in Germany?
Businesses, manufacturers, and retailers introducing packaging into the market for the first time are required to ensure free return through participation in a dual system. Dual systems then organize the collection, sorting, recycling, and ensure compliance with the law through appropriate documentation.
The basis for the existence of dual systems is the product responsibility of manufacturers and producers, anchored in the Packaging Act. Therefore, they also have an educational mission to fulfill recycling quotas as per the Packaging Act, which is often realized through campaigns.
Key Points from the Packaging Act – Section 3 – Collection, Return, and Recycling:
According to § 14, collection systems are obligated to ensure comprehensive and free collection of all residual-empty packaging from manufacturers involved, separated from mixed municipal waste, in the area of private end consumers. This can be achieved through collection systems directly from consumers, nearby drop-off points, or a combination of both approaches. The systems must be capable of regularly collecting all residual-empty packaging, with collection limited exclusively to waste from private end consumers. The collected waste must be recycled in accordance with specific legal requirements. Furthermore, the systems are obligated to inform private end consumers appropriately about the purpose of separate collection, established collection systems, and the achieved recycling results.
Who Needs to Register with a Dual Disposal System?
According to the Packaging Act, as a so-called “initial distributor,” you must register with the public LUCID Packaging Register since July 1, 2022, and receive a registration number, also called LUCID registration number. In addition to registration with the Central Collection Point, you must conclude a participation agreement with one or more dual systems. This way, you fulfill your manufacturer responsibility to ensure comprehensive collection of used packaging.
Important: You must not only carry out the LUCID registration but also obtain a license from a dual system. Waste dual systems organize the circular economy and recycling, while LUCID ensures compliance with the Packaging Act. We understand that the different requirements can sometimes seem overwhelming and confusing. As experts in environmental compliance, we are here to advise you, find the right return system for you, and take care of the appropriate licensing.
What Applies to Online Retailers?
According to § 7 VerpackG, online retailers are considered obligated manufacturers whenever they ship their goods to private end customers in Germany using shipping packaging. Participation in one of the dual systems is therefore necessary. However, exceptions apply to dropshipping service providers, where only packaging licensing is required.
What Information is Required to Conclude a Participation Agreement with a Dual System?
When concluding a participation agreement with a dual system, you must provide not only the usual contact details but also the quantity of packaging expected to be generated and put on the market annually. Subsequently, the correct figures are reported monthly, quarterly, or annually.
While concluding a participation agreement with a dual system is free, a license fee is charged for the quantity of packaging from end consumers collected, sorted, and recycled by the dual system. Additionally, you provide your individual LUCID registration number in your participation agreement, allowing the Central Office to compare the licensed packaging quantities with those reported to the dual system.
Which Types of Packaging are Subject to a Dual System According to the Packaging Act?
Any packaging that becomes waste after use by the end consumer falls under the organization of the dual system. These include:
- Sales packaging (cans, plastic bottles, bags, etc.)
- Secondary packaging (beverage cartons, bundling, etc.)
- Service packaging (bread bags, coffee-to-go cups, take-away boxes, etc.)
- Shipping packaging (boxes, envelopes, etc.)
What Tasks Do Dual Systems Undertake?
Dual systems must provide free disposal options for end consumers, such as public glass recycling containers. Additionally, they organize recycling or reuse of packaging collected in paper bins, yellow bags, or bins.
Participating in a Dual System in Three Easy Steps
Before introducing packaging to the market as an initial distributor, you must license it. There is no minimum threshold; you must participate in a dual system regardless of the quantity.
Here’s how to fulfill your obligation:
- Registration with the Central Packaging Register (LUCID)
- Selection of one or more dual systems
- Providing all necessary data including quantity information and concluding the participation agreement
You can license your packaging directly with us. We identify all products that require an EPR registration number in various categories. Subsequently, we handle the registration for you as the initial distributor and, if desired, take care of all further obligations you must fulfill under your manufacturer responsibility. For example, if you additionally distribute electrical or electronic devices, you must register with the EAR Foundation before offering them on the market.
In this context, we take care of:
- Preparing all documents
- Determining the device type of all your products
- Registration with the EAR Foundation
- Obtaining proof of credibility for B2B transactions
We are here to assist you with any concerns. If you are unsure whether you are obligated to participate in the system, inquíre about our compliance check.
What We Offer You
We at Deutsche Recycling GmbH are your partner when it comes to fulfilling environmental compliance. Benefit from a full-service offer that goes far beyond industry standards. With us, you receive professional support from a single source.
In connection with dual systems, we recommend exploring voluntary solutions that can be combined with legal return solutions. Our recycling service is available for this purpose. What services can you expect?
- Tailored return solutions – nationally and internationally
- Coordination of external service providers
- Organization of containers for collection and disposal of electrical appliances in line with WEEE Directive obligations
- Comprehensive advice on dual systems and a thorough evaluation of disposal and return systems
Since we are entirely independent from corporations, dual systems, waste management companies, and industries, you can rely on our recommendations. We are happy to examine any additional legal obligations you may need to fulfill within the scope of environmental compliance. Our specialists can handle quantity reports, packaging licensing, or the registration of your electronic devices as required. We offer an attractive full-service package. By taking full responsibility, you can focus entirely on your core competencies and build your business both domestically and internationally without worries. Success with legal certainty is as simple as partnering with us.
