Frequently asked questions
FAQ Germany – Everything you need to know about EPR regulations in Europe.
Germany
In many countries, producers of products subject to EPR requirements will be prosecuted with fines, if they are not able to prove their EPR compliance. In many countries, Electronic Marketplaces are legally obliged to confirm that their sellers are EPR compliant in the country they sell. If sellers can not prove their EPR compliance to the respective Marketplaces, they can be suspended from selling their non-compliant listings under EPR product categories. These regulations vary from country to country and can be dealt with differently by each Marketplace. To determine the specific consequences of your situation, we recommend contacting the respective PRO in the country you are selling your product in.
From 2022, the German Packaging Act (Verpackungsgesetz or VerpackG) establishes a control obligation for online marketplaces, so that retailers who sell to end consumers in Germany must follow the guidelines and submit their EPR registration number(s) to the marketplace operators as proof of this. The German Electrical and Electronic Equipment Act (Elektrogesetz or ElektroG, WEEE) and the German battery law (Batteriegesetz or BattG) stipulate that all manufacturers of electrical and electronic equipment or batteries who want to sell their products on the German market must register of the authority „Stiftung Elektro-Altgeräte Register“ (Stiftung EAR).
These are the relevant registration authorities in Germany for the different product categories:
Packaging
The Packaging Register LUCID (Verpackungsregister LUCID) is the online platform of the Central Agency Packaging Register (Zentrale Stelle Verpackungsregister or ZSVR) for the implementation of the Packaging Act. Producers of products of the category packaging must register with the Packaging Register LUCID.
Proof of compliance:
EPR Registrierungsnummer (EPR registration number) Electrical and Electronic Equipment (EEE) and Batteries The authority „Stiftung Elektro-Altgeräte Register“ (Stiftung EAR) is a joint body according to ElektroG and executing authority according to BattG. Producers of products of the category Electrical and Electronic Equipment (EEE) and/or Batteries must register with the Stiftung Elektro-Altgeräte Register.
To be EPR (Extended Producer Responsibility) compliant in Germany, you need to register with the relevant EPR registration authority, to obtain your EPR registration number(s). You need this EPR registration number(s) as proof of compliance. Additionally you need to licence your products subject to EPR requirements to a Producer Responsibility Organisation (PRO) responsible in Germany. Therefore you must declare your sales (of products covered by the different EPR categories) to the respective Producer Responsibility Organisation (PRO) for the applicable reporting period and pay eco-contributions to your PRO. The PRO will then take responsibility for the collection and recycling of your product.
The declaration of completeness may only be issued by an authorized auditor. Companies exceeding the de minimis limits are obliged to submit a declaration of completeness annually. However, the ZSRV may request such a declaration of completeness from any enterprise at any time.
According to the German Packaging Act, manufacturers, producers, and importers who place packaged goods on the market for the first time on a commercial basis are required to register at LUCID, which is the packaging register of the Zentrale Stelle Verpackungsregister. Furhermore these companies are required to license this packaging with take-back systems. The Packaging Act is designed to ensure that the environmental impact of packaging waste is reduced. For companies to operate competitively, it is therefore unavoidable to be aware of all obligations and to fulfill them in a legally compliant manner.
Commercial packaging is packaging that is not subject to system participation. According to the German Packaging Act, commercial packaging typically remains in the industry or in manufacturing or agricultural businesses and does not end up in private households or does not accumulate as waste in private households. These types of packaging also include, for example, transport packaging (e.g. cardboard packaging used solely for transport, films for securing loads on pallets, strapping bands or disposable pallets).
Household packaging is always packaging with a system participation obligation. According to the German Packaging Act, household packaging typically accumulates as waste in private households. Companies that fill unfilled packaging with goods for the first time and then sell it commercially to end consumers must participate in their packaging in a dual system. This category typically includes sales packaging (e.g. yogurt pots or coffee capsules in a folding box), secondary packaging (e.g. bundling film for water bottles), shipping packaging (shipping boxes, bags, and filling material), and service packaging (e.g. bread roll bags or flower paper).
