The German Packaging Act, or VerpackG, translates the EU’s Packaging and Packaging Waste Directive into national law, impacting any business selling to Germany. Since January 1, 2019, it has mandated that producers take financial responsibility for the entire lifecycle of their packaging. A critical amendment on July 1, 2022, expanded these obligations to nearly all packaging types, including B2B transport packaging. This means that if your business was previously exempt, you are now almost certainly required to act. The law makes no distinction for company size, applying from the very first package placed on the market. The core principle is Extended Producer Responsibility (EPR), which makes compliance a non-negotiable part of market access. Understanding your specific duties under this framework is the first step toward securing your business operations in Germany.

While B2C packaging requires participation in a dual system, B2B packaging has its own distinct set of rules that demand attention. Ignoring these can lead to immediate penalties. Since the 2022 updates, every company placing any packaging on the German market must fulfill certain duties. These obligations are designed to ensure that even packaging that does not reach private households is properly managed and recycled. You can get a complete guide to German EPR laws to better understand the nuances. The primary requirements include:

• Mandatory Registration: Before placing any goods on the market, you must register with the Central Agency Packaging Register (ZSVR) in the LUCID portal.
• Proof of Recovery: You must ensure and document that your B2B packaging is returned and recycled in accordance with the law’s requirements.
• Take-Back Obligation: Companies are required to take back used B2B packaging from their commercial customers and ensure its proper disposal and recycling.
• Informing Customers: You have a duty to inform your B2B customers about their right to return packaging and the procedures for doing so.

Failure to register in LUCID alone can result in fines up to €100,000 per violation. These steps are not optional; they are fundamental requirements for market participation.

Registration in the LUCID portal is the mandatory first step for every company, regardless of whether you handle B2B or B2C packaging. This free online registration provides you with a unique EPR number, which serves as proof of your compliance with the initial requirement of the VerpackG. The ZSVR uses this public register to create transparency and ensure a level playing field, making it easy to identify non-compliant actors. Marketplaces and fulfillment providers are now legally required to verify a seller’s LUCID registration, meaning a lack of registration results in an immediate sales ban. You must complete the registration personally; it cannot be delegated to a third party without legal authorization. This registration is the foundation of your compliance strategy, and without it, you cannot legally operate in the German market. This makes it crucial to use a checklist for VerpackG and LUCID.

The path to compliance differs significantly between B2C and B2B packaging streams. For packaging that typically ends up with private consumers, participation in a dual system is mandatory to handle collection and recycling. For B2B packaging, however, companies often have more direct responsibility. You must organize the take-back and recycling of transport packaging yourself or through a service provider. This is often referred to as an “industry solution.” The key is demonstrating a verifiable recovery and recycling process that meets the VerpackG’s targets. This requires robust documentation and a clear audit trail for all returned materials. You must decide on the most efficient way to join a German packaging scheme or implement your own compliant take-back system. The choice depends on your business volume, logistics, and customer relationships.

The consequences of ignoring the German Packaging Act are severe and can halt your business operations in Germany entirely. Authorities can impose fines of up to €200,000 for failing to participate in a dual system for relevant packaging types. Simple registration errors or failures can cost up to €100,000, and incorrect data reporting can lead to penalties of €10,000 per instance. Beyond financial penalties, authorities can issue a distribution ban, effectively stopping the sale of your products. Competitors can also take legal action against non-compliant companies, creating additional legal and financial burdens. The EU is further tightening these rules with the new Packaging and Packaging Waste Regulation (PPWR), making compliance even more critical. The time to act is now, as enforcement is strict and automated checks are common. You must fulfill your packaging reporting duties to avoid these outcomes.

The complexity of the VerpackG, especially for international businesses dealing with B2B packaging, requires expert handling. The regulations are not static, and ensuring ongoing compliance demands constant vigilance and knowledge of German and EU law. Taking action now is the only way to secure your market access and avoid severe penalties. Deutsche Recycling provides a comprehensive, worry-free service to manage all your EPR obligations in Germany. We handle LUCID registration, develop compliant take-back solutions for your B2B packaging, and manage all data reporting requirements. Our service guarantees 100% legal conformity, allowing you to focus on your core business. Do not wait for a notification from the authorities. Contact Deutsche Recycling today for an individual consultation and ensure your business operates legally and responsibly in Germany.